Website Terms

These terms and conditions are valid with effect from 7 February 2025

I. INTRODUCTION

This agreement is a computer-generated electronic record in terms of Rule 3 of the (Indian) Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules 2021 (as amended from time to time) and does not require any physical or digital signatures.

This website (i.e., coindcx.com), ‘CoinDCX’ mobile application, and the Content (as defined below) (collectively, “Website”) is brought to you by Neblio Technologies Private Limited (“Company”, “we”, “us”, “our”), an Indian company having corporate identification number U74999MH2018PTC304533. Each person (“User”, “you”, “your”) visiting this Website is requested to read these website terms of use (“Website Terms”) carefully before accessing any part of the Website. By accessing the Website in any manner or by otherwise impliedly or expressly accepting the Website Terms, you are agreeing to perform and be bound by the Website Terms and agree that you have read, understood and accepted the Website Terms. Please refrain from using our Platform or Services if you do not agree to these Website Terms.

If the User does not wish to be bound by these terms and conditions, User should not use the Website. This Website is not intended for users below the age of 18. We do not knowingly offer the Services to users under 18. If you are under 18, do not access, use or otherwise interact with this Website.

The Website Terms govern your browsing of any Content available on the Website, and do not extend to: (a) any of our services that a User may avail; (b) product interfaces and platforms on the Website that are accessible or usable after logging into your Account. Registered users of the Company’s Services and Platforms are additionally governed by the CoinDCX Terms. Accordingly, in circumstances where you are accessing or using any of our Services or accessing other platforms operated by us or our Partner Entities, or if you are undertaking any activity over and above merely browsing the Content on the Website, then you may be bound by the CoinDCX Terms (or such other terms of our Partner Entities) in addition to these Website Terms.

The terms and conditions relevant to any third-party product or service availed by you in connection with the Website (which may have to be read in consonance with these Website Terms) shall be deemed to be entered exclusively between you and the relevant third party.

We reserve the right to modify the Website and any Website Terms, at any point in the future, without prior notice to you. Your continued usage of the Website will serve as your acceptance of the revised Website Terms, and an acceptance to be bound by such changes. If at any time you do not agree to the changes, you may discontinue your use of the Website.

Disclaimer: Crypto products and NFTs (Digital Assets) are unregulated and can be highly risky. There may be no regulatory recourse for any loss from such transactions.

YOU ACKNOWLEDGE THAT BUYING, SELLING, HOLDING, INVESTING OR TRADING IN DIGITAL ASSETS (ALSO REFERRED TO AS VIRTUAL DIGITAL ASSETS, CRYPTO-ASSETS, CRYPTOCURRENCIES, CRYPTO TOKENS, ETC.) INVOLVES A HIGH DEGREE OF RISK. DIGITAL ASSETS ARE SUBJECT TO CONSTANT AND FREQUENT FLUCTUATIONS IN VALUE AND EXCHANGE RATES, SECURITY RISKS, AND POTENTIAL REGULATORY INTERVENTION, AND THE VALUE OF YOUR DIGITAL ASSETS MAY INCREASE OR DECREASE AT ANY TIME. ACCORDINGLY, YOU MAY SUFFER ECONOMIC LOSSES INCLUDING A COMPLETE LOSS OF THE ASSETS HELD IN YOUR ACCOUNT. FURTHER RISKS ASSOCIATED WITH DIGITAL ASSETS AND THE WEBSITE ARE SET OUT IN THE COINDCX TERMS. HOWEVER, IT DOES NOT EXPLAIN ALL OF THE RISKS THAT MAY ARISE, OR HOW SUCH RISKS RELATE TO YOUR PERSONAL CIRCUMSTANCES. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE NATURE, SUITABILITY, AND APPROPRIATENESS OF THESE RISKS FOR YOU AND YOU SHOULD CONSIDER WHETHER AVAILING OR USING ANY SERVICE IS SUITABLE FOR YOU IN LIGHT OF YOUR PERSONAL AND FINANCIAL CIRCUMSTANCES. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY BEARS NO RESPONSIBILITY OR LIABILITY TO YOU OR ANY OTHER PERSON WHATSOEVER FOR ANY LOSSES OR GAINS INCURRED IN CONNECTION WITH YOUR USE OF THIS WEBSITE.

COMPANY MAY PROVIDE EDUCATIONAL INFORMATION AND CONTENT ABOUT DIGITAL ASSETS INCLUDING BLOG POSTS, ARTICLES, LINKS TO THIRD-PARTY CONTENT, NEWS FEEDS, TUTORIALS, AND VIDEOS. ANY SUCH INFORMATION OR CONTENT DOES NOT CONSTITUTE INVESTMENT ADVICE, FINANCIAL ADVICE, TRADING ADVICE, OR ANY OTHER SORT OF ADVICE. COMPANY DOES NOT GIVE ADVICE OR RECOMMENDATIONS REGARDING THE TRADING OF DIGITAL ASSETS, INCLUDING THE SUITABILITY AND APPROPRIATENESS OF, AND INVESTMENT STRATEGIES FOR, DIGITAL ASSETS, AND WHETHER ANY DIGITAL ASSET SHOULD BE BOUGHT, EARNED, SOLD OR HELD BY YOU. WE DO NOT SEEK TO INFLUENCE OR AFFECT YOUR DECISION-MAKING PROCESS IN ANY WAY WHATSOEVER. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, NOR ANY INFORMATION OBTAINED THROUGH THE SERVICES, WILL OR SHALL CONSTITUTE ADVICE OF ANY KIND INCLUDING INVESTMENT, CONSULTING OR FINANCIAL ADVICE. OUR EMPLOYEES AND REPRESENTATIVES ARE NOT AUTHORISED TO GIVE ANY SUCH ADVICE, AND IN THE EVENT ANY SUCH ADVICE IS GIVEN BY ANY OF THEM, THE SAME IS NOT AUTHORISED BY COMPANY AND SHALL STRICTLY BE CONSTRUED AS BEING IN THEIR PERSONAL CAPACITY. YOU SHALL NOT RELY ON SUCH ADVICE, AND WE DISCLAIM ANY LIABILITY IN THIS REGARD.

YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR, ALL TRADING DECISIONS, INCLUDING WHETHER ANY INVESTMENT, INVESTMENT STRATEGY OR RELATED TRANSACTION IS SUITABLE AND APPROPRIATE FOR YOU ACCORDING TO YOUR PERSONAL INVESTMENT OBJECTIVES, FINANCIAL CIRCUMSTANCES AND RISK TOLERANCE. YOU ARE RESPONSIBLE FOR ANY ASSOCIATED LOSS OR LIABILITY. BEFORE MAKING THE DECISION TO BUY, SELL OR HOLD ANY DIGITAL ASSET, YOU SHOULD CONDUCT YOUR OWN DUE DILIGENCE AND CONSULT A PROFESSIONAL ADVISOR. WE ARE NOT RESPONSIBLE FOR ANY SUCH DECISIONS (WHETHER BASED ON THE INFORMATION PROVIDED BY US OR NOT). YOU SHALL NOT HOLD OR SEEK TO HOLD COMPANY, ITS AFFILIATES, OR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, PARTNER ENTITIES, EMPLOYEES, AGENTS, OR BUSINESS ASSOCIATES LIABLE FOR ANY SUCH LOSSES OR DAMAGES INCURRED AS A CONSEQUENCE OF RELYING UPON ANY INFORMATION, OPINIONS, ADVICE OR ANY OTHER MATERIAL WHATSOEVER ON THE PLATFORM OR IN ANY BROCHURES, PROMOTIONAL MATERIAL OR ANY OTHER LITERATURE OR CONTENT.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT A FINANCIAL INSTITUTION, BANK, PAYMENT SYSTEM OPERATOR, STOCK EXCHANGE, CREDIT UNION, TRUST, HEDGE FUND, BROKER, FINANCIAL INTERMEDIARY, AGENT, OR INVESTMENT OR FINANCIAL ADVISOR, AND IS NOT SUBJECT TO THE SAME LAWS, REGULATIONS, DIRECTIVES OR REQUIREMENTS APPLICABLE TO SUCH PERSONS AND WE HAVE NO ASSOCIATED FIDUCIARY RELATIONSHIP OR OBLIGATION TO YOU WHATSOEVER.

PLEASE BE AWARE THAT THESE WEBSITE TERMS CONTAIN PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND THE COMPANY, INCLUDING, AMONG OTHER THINGS, AN AGREEMENT TO ARBITRATE.

II. DEFINITIONS

Capitalised words used but not otherwise defined in these Website Terms shall have the meanings as set out below:

“Account” means an account created by a User who registers to use the Services via the Platforms, directly or through third-party credentials as may be permitted by us from time to time.
“Applicable Law” means: (a) with respect to the Company, any and all laws, statutes, regulations, decisions, rulings, government policies, enactments or instruments (including national, state, local or municipal laws, regulations or by-laws of any kind whatsoever) applicable to the Company; and (b) with respect to a User or any other person, any and all laws, statutes, regulations, decisions, rulings, government policies, enactments or instruments (including national, state, local or municipal laws, regulations or by-laws of any kind whatsoever) applicable to such person or the activities of such person including where the person is residing, domiciled, conducting business, and accessing the Website from.
“Breach Event” means the occurrence, or likelihood of occurrence, of one or more of the following:

breach or contravention of or inconsistency with Applicable Laws;
breach or contravention of or inconsistency with the Website Terms;
any action is suspicious (in our sole discretion), may involve negligence, fraud or misconduct, or affects third-party rights;
your usage of the Website corrupts or compromises the integrity, stability and security of the Platforms or Services, whether intentionally or otherwise; and/or
there is any suspicion or allegation or complaint or request from any legal, public, regulatory, statutory authority or from any bank, financial institution, payment service provider, or third-party service provider.

“CoinDCX Terms” refers to the terms of use / terms and conditions applicable to the usage of the CoinDCX platforms and services in your jurisdiction, including the Website Terms, CoinDCX Terms of Use, Privacy Policy, Programme Terms, and all other rules, policies, frequently-asked questions (FAQs), guidelines, instructions (and corresponding hyperlinks, if any) that may be posted or made visible on the ‘Platforms’ from time to time.
“Company”, “we”, “our”, “us” refers to Neblio Technologies Private Limited, an Indian company having corporate identification number U74999MH2018PTC304533 registered with the Financial Intelligence Unit bearing No. VA00030982.
“Content” means any information, text, graphics, blogs, trademarks, data, service marks, logos, icons, guides, videos, multimedia content, images, audio, discussions, general educational content, or other materials uploaded by the Company or the Users, which is accessible on the Website.
“Digital Asset(s)” or “Virtual Digital Asset(s)” or “VDA(s)” means

digital representation of value or of a right which can be stored or transferred electronically, including any crypto-asset, and does not include Fiat Currency; and
any other digital asset as we may specify from time to time.

“Partner Entities” refers to persons/entities (including the Company’s affiliates, group companies, licensees, authorised payment processor entities) that are authorised to provide the Website or any Content on the Website.
“Platform” refers to the website www.coindcx.com and the associated mobile and software applications offered through official channels (i.e., via Google Play Store or Apple App Store) and operated by the Company (either directly, or licensed from and/or procured through Partner Entities) and includes all products and Services offered on or via the Website/applications and also includes all Content.
“Services” refers to the services that the Company offers to Users on or via the Platform and as defined in the CoinDCX Terms.
“Registered User(s)” means any User who has a registered Account.
“Security Incident” has the meaning given to it under Clause 6.
“Specified Persons” means the Company, our Partner Entities, and ours and their shareholders, directors, officers, employees, representatives, contractors, and suppliers.
“Third-Party Services and Resources” has the meaning given to it in Clause 4.
“Unauthorised Activities” include any illegal activities or other activities not authorised by the Company, including activities linked to illegal activities or to activities which are under investigation by any law enforcement authority anywhere in the world.
“User”, “you” and “your” refers to any natural or juristic person who visits or accesses or uses the Website and such expression shall, for the purpose of any claims against the User, include a User’s successors, heirs, receivers, and permitted assigns. It is clarified that Registered Users will also be governed by the CoinDCX Terms.
“Website” means, collectively, coindcx.com and all the Content contained on or accessible via coindcx.com.
“Website Terms” means this document, i.e., these terms of use entered into between the Company and you in relation to your access to and use of the Website, as updated from time to time.

III. Usage of Website

Proprietary Rights and Acceptable Use

The Company owns or has duly obtained a license to all rights, title and interest in and to the Website, including any intellectual property rights which subsist in the Website (whether registered or not).
The Company does not grant you any rights or license over the Website, except for a limited, non-exclusive, non-sub-licensable, non-transferable, right to access the Website only for your personal, non-commercial use and solely as necessary in order to avail our Services. This right to use does not include any resale or commercial use of the Website or its contents; any collection and use of the contents, products, applications, tools and features; any derivative use thereof; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Any content on the Website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without our express written consent. There are no implied licences granted under these Website Terms. Any other use of the Website will require a license to be negotiated and agreed in writing with the Company.
You do not have the commercial or personal right to use any of the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of the Company or its affiliates, group companies, or Partner Entities.
You shall ensure that your use of the Website shall be in compliance with all Applicable Laws including but not limited to the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023 (as and when brought into effect), and the Indian Contract Act, 1872 and the rules, regulations, and guidelines made thereunder.
You may choose to, or we may invite you to, submit comments or ideas or feedback about the Website. By submitting comments, ideas or feedback, you agree that your disclosure is gratuitous and will not place us under any fiduciary or other obligation, and that we are free to use the idea without any additional compensation to you, and/or to disclose the idea on a non-confidential basis or otherwise to anyone.

User Protection – Recommended Practices

You acknowledge and agree to comply with the following best practices:

Professional Advice: We strongly recommend that our users consult with professional advisors, tax consultants, and legal experts, as appropriate, before making any transactions or associated decisions. A professional advisor can provide personalized advice that considers your situation, goals, and risk tolerance. This is especially important in the complex and rapidly changing world of Digital Assets. The Company shall not be liable to you for any losses incurred by you in pursuance to decisions made on the consultation/advice of such professional advisors.
Stay Informed: You shall regularly update yourselves on market trends, technological developments, and regulatory changes, and shall conduct your own due diligence on the Digital Asset and any related services before acquiring or dealing in any Digital Asset or availing any services.
Use Secure Networks: You shall ensure that you are using secure and private networks to prevent unauthorized access to your accounts. The Company shall not be liable for any consequences arising out of any such unauthorized access.
Vigilance Against Fraud: You should be alert of phishing attempts and other forms of fraud, and shall report any suspicious activities to us immediately. You should be alert to fake websites masquerading as the Website and shall vigilantly ensure that you are browsing the authentic Website only at all times.
Personal Data Protection: You should safeguard your personal and financial data and be very cautious about sharing sensitive information.

Conditions relating to the Website and Content

You acknowledge and agree to comply with the following provisions:
The Company may restrict access to certain parts of the Website to Registered Users, at its sole discretion.
You acknowledge that you are accessing and perusing the Website in accordance with your own choice, and the Company does not mandate you to do the same. Nothing on the Website constitutes a solicitation to use any of our products or services.
We reserve the right to change the Website from time to time. We have the exclusive authority to determine what Content is displayed on the Website.
The Content is provided for general information only and is not to be treated as investment advice. We encourage you to seek professional advice from persons who are skilled subject matter experts and competent to render advice before availing any services relating to Digital Assets.
You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance, and any guidance you may have received from external sources.
There may be Content on the Website containing inadvertent typographical and other errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice. We are not responsible for any acts, omissions taken or losses or harm suffered by reliance upon any such information.
We reserve the right to display or permit the display of advertisements, promotional material, polls, surveys, and other Content which may be targeted. In consideration for granting you access to the Website; you agree that we may place such material or Content on the Website.
We reserve the right to include features on the Website that allow the User to interact with the Company or other Users. Such forums may be accessible and could be viewed by the public. Company does not have any obligation whatsoever to monitor, approve, endorse or exercise editorial control over any information posted by Users and does not therefore accept responsibility for or make any warranties in connection with such information, as the Company is an ‘intermediary’ as defined by the Information Technology Act, 2000. Notwithstanding the foregoing, the Company reserves the right, without any prior notice and without assigning any reason, to edit or remove any Content exchanged or posted on the public domain including any comments and/or posts that may have been uploaded by the User if the same violate the CoinDCX Terms or Applicable Laws. User waives any right, moral or otherwise, that the User may have with regards to content, comments or posts uploaded by the User on such forums. Company shall have the right to use any Content posted by the User for any purpose that the Company deems fit.. By submitting any Content on the Website, you acknowledge that you hereby grant the Company a license to use such Content and will not be entitled to any royalty or other financial/monetary benefits in connection with such use of the Content, if any.
You are responsible for any Content created or uploaded or transmitted onto or via the Platforms, irrespective of whether such Content was created by you, by any other person, or whether it was artificially generated.
You shall not use any real-time price data shared on the Website, except in accordance with the CoinDCX Terms.
We reserve the right to review, delete or modify any Content on the Platforms in our sole discretion in accordance with these Website Terms.
You must keep confidential any information provided by us to you that has not been publicly published by us including, without limitation, customer support conversations, written intimations, emails etc., as well as any proprietary or personal information that may come to your knowledge in connection with our Platform, including information about other users, our personnel, or proprietary financial and technical information.
We will have no liability related to any third-party Content arising under intellectual property rights, defamation, privacy, misinformation, publicity, obscenity or other laws. We also disclaim all liability with respect to the misuse, loss, modification or unavailability of any Content. This provision also extends to Content created or posted by employees of the Company – any Content uploaded by them outside the course of their employment is an expression of their personal views, and do not bind or represent the view of the Company.

Third-Party Services and Resources

In order to facilitate the Website, the Company may be required to avail the services of third-party service providers. By accepting the Website Terms, you are providing your consent for the same.
You acknowledge and consent to the following (collectively, “Third-Party Services and Resources”):
1. in certain scenarios (which may only be accessible to Registered Users), we may act as intermediaries and/or enable or assist you to access, interact with, and/or purchase additional services from several supported platforms and other third parties, in which case the name and/or logo and/or terms and conditions of such third-party would be visible on the Platform; and
2. the Website may contain links to other websites, software, Content, platforms, or resources.
We do not have control over the content and do not recommend, warrant or endorse, and are not responsible for the availability or legitimacy of, the content, products, services, or assets on or accessible from Third-Party Services and Resources. We do not review, approve, monitor, endorse, warrant, or make any representations (express or implied) with respect to Third-Party Services and Resources, the persons they are owned and operated by, the information contained on them, the suitability of their products or services, or the assets they make accessible, and we are not responsible or liable for any of them. Your use of Third-Party Services and Resources is at your own risk and you should apply a suitable level of caution and discretion in doing so. We are not responsible for the availability of or content on such platforms and resources and are not liable for any damage, injury, death or loss caused or alleged to be caused by or in connection with use of or reliance on any such platforms and resources.
You may also be required to enter into agreements with the third parties in relation to the Third-Party Services and Resources. Any use of Third-Party Services and Resources is governed by the terms and conditions of such Third-Party Services and Resources. Any contract entered into, or any transaction completed via any Third-Party Services and Resources, is between you and the relevant third party, and we are not responsible for or under such contract or transaction. You shall comply in all respects with all applicable terms of the Third-Party Services and Resources that you access or subscribe to in connection with the Services. If at any time any Third-Party Services and Resources cease to make their programs available, you may no longer be able to be redirected to the same through the Website. You expressly waive off any rights to implead or make the Company a party to any proceedings (judicial or otherwise) in connection with any matter arising between you and such third parties.

Prohibited usage

You shall not utilise the Website for any purpose other than for uses specifically permitted by the graphical user interface on the Website.
Your use of our Website shall only be for purposes permitted under the CoinDCX Terms and Applicable Law.
Without prejudice to the generality of the above restrictions, you agree not to (and not to aid, abet, encourage, permit, or enable any other person or entity to), directly or indirectly:
1. violate (or assist any other party in violating) the Website Terms;
2. violate (or assist any other party in violating) any Applicable Law;
3. defraud (or attempt to defraud or assist in the defrauding of) the Company or any other person;
4. use the Website other than exclusively for your own personal benefit, such as for resale or commercial purposes or advertising, including on behalf of or for the benefit of third parties or otherwise act as an intermediary between the Website and any third parties or induce any person to do business with you;
5. use our Website to build or support products or services competitive to our products or services, or carry out any indexing exercise based on the Website;
6. develop any third-party applications that interact with our Website without our prior written consent;
7. use the Website for, any illegal, unlawful, deceptive, manipulative, unauthorised or fraudulent activities, including, without limitation money laundering, tax evasion, gambling and related activities, gambling (where prohibited), child trafficking, drugs or narcotics, counterfeiting, benami transactions, fraud, terrorism or terrorist financing, or other crimes;
8. take advantage of any technical glitch, malfunction, failure, delay, default, or Security Incident;
9. take any action that interferes with, intercepts, extracts, or expropriates any system, data, or information or violates the security of or tests the vulnerability of any Website;
10. use any bots, robot, spider, parser, scraper, scripts, programs, routines, or other means to access the Website or attempt to gain unauthorized access to user accounts, the Website, or any related networks or systems or use any form of automation to engage in any activity in connection with the Website, unless expressly permitted by us in writing or by way of authorised Application Programming Interface (API) access;
11. use the Website to engage in conduct that is detrimental to the Company or to any other person;
12. collect any User information from other Users, including, without limitation, email addresses;
13. participate in any unfair trade practice or market manipulation, including but not limited to all such acts like pump and dump schemes, trading on any inside or non-public information acquired through sources or acts not permitted by law, wash trading, market manipulation, spoofing or layering etc.;
14. conduct any surveys, contests, campaigns, or schemes on the Platform;
15. copy, imitate, duplicate, distribute, use, create derivative works of display or commercially exploit the Website or any of its Content, features or facilities, directly or indirectly, or the price of the Digital Assets shown on the Website without our prior written permission or attempt to get access to the Website in source-code form;
16. without our prior written consent, modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code; broadcast, publish, remove or alter any part of the Website or create their derivative works or otherwise take advantage of any part thereof;
17. attempt to remove, obscure, falsify, or alter any proprietary labels, logos, attributions, any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Website;
18. circumvent restrictions on the Website, including any technological measure implemented by us or any of our service providers to protect the Website;
19. defame, harass, intimidate the Company or any of its representatives or employees or any user;
20. violate the intellectual property rights of the Company or of any other person;
21. disparage, tarnish, or in our opinion, otherwise damage the reputation of the Company or use the Website to disparage, or in our opinion, otherwise damage the reputation of any third party;
22. infringes a third party’s rights, including intellectual property and privacy rights
23. impairs the functionality of our Website or interferes with another person’s use of the Website or of the Company’s services;
24. where applicable, host, display, upload, modify, publish, transmit, store, update or share any information or content or otherwise use the Website in a manner that,— (i) belongs to another person and to which the User does not have any right; (ii) is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, grossly harmful, blasphemous, seditious, promoting enmity based on religion/caste, racially or ethnically objectionable, relating or encouraging or acting as surrogate advertising for money laundering or gambling, or an online game that causes user harm otherwise inconsistent with or contrary to the laws in force; (iii) is harmful to children; (iv) infringes any patent, trademark, copyright or other proprietary rights; (v) violates any law for the time being in force; (vi) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; (vii) impersonates another person; (viii) threatens the unity, integrity, defence, security or sovereignty of any nation or territory, friendly relations with between nations or territories, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; or any false information about India or any nation or government (including as identified by any fact-checking authority); (ix) contains ransomware, software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; (x) is false and untrue, and/or is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; (xi) contains illegal goods, pornographic, violent, obscene or copyrighted images or materials for use as an avatar, in connection with a payment or payment request, or otherwise; (xii) violates export or import control laws in any applicable jurisdiction; (n) is in the nature of an online game; (xiii) is in the nature of advertisement or surrogate advertisement or promotion of an online game; or (xiv) violates public morale, any third party / public interest or is not permitted by Applicable Law or is contrary to public policy:
25. create or circulate or use any technologies which violate, or which would facilitate other users to violate the CoinDCX Terms or the Website Terms including for masking Internet Protocol (IP) addresses or to obfuscate transaction details;
26. misrepresent, misinform or misguide the Company or any person in any manner; and
27. upload, transmit or use any device, software, routine, virus, trojan horse, worm, backdoor, time bomb, malware, or any other type of malicious code or technology that will or may be used in any way that will affect the functionality or operation of the Website or of any related platform, other websites, or the internet or that may permit unauthorized access to, or disable, erase, or otherwise harm, any computer, systems, or software.

Procedure to report Security Incidents

If you suspect that any part of the Website has been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting Users and/or the Website (collectively, “Security Incident”), you must notify us immediately at support.coindcx.com along with accurate and up to date information throughout the duration of the Security Incident. To help resolve the situation, we may request your assistance, such as providing relevant details and updates as needed. You shall promptly provide all such assistance and take all steps that we reasonably require to reduce or manage any Security Incident. We are not liable to you for any losses suffered as a result of a Security Incident occurring due to factors not within our control.

Suspension of Website

In the event we believe that: (a) a Breach Event or Security Incident has occurred or is likely to occur; or (b) if certain steps are necessary to protect interests of other users; or (c) we are required to do so under Applicable Law; or (d) for protecting the rights of third parties; or (e) for any factors beyond our control; or (f) pursuant to any law enforcement enquiry or investigation; or (g) otherwise deem it reasonable and prudent; we reserve the right to take any actions as we may deem reasonable or fair or otherwise is in the best interests of our Users, including without limitation:
1. without prejudice to the generality of any other clause in these Website Terms, suspending, terminating, or restricting access to any or all of the Website and/or to our other relevant platforms and services;
2. requiring you to do or cease to do something or taking any other remedial actions to cease/rectify/compensate for the breach;
3. investigating and/or initiating suitable actions and proceedings against you, including reporting you to appropriate regulatory, self-regulatory or law enforcement agencies;
4. disclosing any information as required or requested by any authority or under Applicable Law;
5. exercising such other rights and remedies as may be available to us under any contract, Applicable Law, and/or equitable rights and remedies; and/or
6. taking such other steps as we may deem prudent in the circumstances or as we may be required or recommended to take by any authority, law enforcement agency, bank, or business partner.
Notwithstanding anything in Clause 7.1, for the purposes of servicing, upgrading or maintaining our systems or for responding to Security Incidents, we reserve the right to suspend, withdraw, discontinue, or change all or any part of the Website at any time without notice.
We have the right but not the obligation for taking any steps set out in this clause.

User Representations

You represent and warrant that throughout the duration of your usage of the Website:

you are competent to contract, i.e., (i) if you are an individual, that you are over eighteen years of age or have attained the age of majority as per Applicable Law, or (ii) that if you are registering on behalf of any entity, that you are authorized to enter into, and bind the entity to, the Website Terms, in accordance with Applicable Laws;
all information provided by you is true and complete and does not violate any third-party rights;
your use of Website does not violate the Website Terms;
your use of Website does not violate any Applicable Laws;
you are not prohibited or restricted by Applicable Law, contract or third-party rights from using the Website; and
your use of the Website and all your activities on the Website are being undertaken on your own volition and not on behalf of or at the behest of any other person, including under any undue influence or duress.

User Undertakings

You undertake and covenant that

You shall not do or omit to do anything which shall result in any representations and warranties provided by you becoming untrue, incomplete, or misleading.
You shall ensure that you are in compliance with the Website Terms and Applicable Law.
You shall submit or execute any document to the Company and otherwise co-operate with the Company as the Company may require, such as submitting documents for know-your-customer purposes, background checks, risk mitigation checks, family member data, etc.

IV. Disclaimers and clarifications

You agree that you have read our Risk Disclosure; understand the same. There may be additional risks beyond those identified in the Risk Disclosure and in the Website Terms. You are responsible to conduct your own diligence and familiarize yourself with potential risks. The Company is not liable in case any such risk (whether identified here or otherwise) crystallizes and results in any losses.

V. Limitation of Liability and Indemnity

Limitation of Liability

We will not be liable in any way for any loss or damage suffered by you through use of or access to the Website. You agree that your perusal and consumption of the Website is completely voluntary and not in nature of any service being provided to you, and hence you shall not have any claim against any Specified Person in relation to the Website and these Website Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable.
Without prejudice to the above, the Specified Persons shall not be liable for any indirect, remote, incidental, special, punitive, consequential or similar damages or liabilities whatsoever (including without limitation, loss of revenue, lost profits, cost of cover or other special losses) arising out of your use of the Website, whether under contract, statute, strict liability or other theory even if we are advised of the possibility of such damages.
We do not warrant that the Website will always be available and that you will have uninterrupted access thereto. We will not be liable to you, including without limitation, for any losses incurred due to reliance on any information on the Website (including but not limited to Content about Digital Assets and market prices).
You assume the entire risk associated with your usage of the Website (including the risks set out in Risk Disclosure) and we are not liable for any losses arising on account of third-party actions, market circumstances, events outside our control, or the materialisation of any risks (whether disclaimed in the Website Terms or otherwise).

Indemnity and Remedies

You agree that any violation of these Terms will cause irreparable harm to us and/ or Partner Entities, as the case may be, for which monetary damages may be inadequate. Hence, you consent to the Company obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that we may have at law, contract, or in equity. If we take any legal action against you as a result of your violation of these Terms, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.
Without prejudice to the above, to the maximum extent permitted by Applicable Law, you shall hereby agree to indemnify and hold harmless the Specified Persons, from and against and in respect of any liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis), claims, demands, actions, penalties and proceedings which the Specified Persons may incur or sustain directly or indirectly from or by any reason of or in relation to: (a) your use or proposed use of our Website, (b) your negligence or your breach of the Website Terms, (c) any dispute, investigation or litigation caused by your acts or omissions, (d) your violation of any Applicable Law or the rights (including infringement of intellectual property rights) of a third party, or (e) any fraud, negligence, or wilful misconduct.

VI. Miscellaneous

Release and Waiver

You release and waive all claims against the Company, and its subsidiaries, affiliates, group companies, representatives, 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. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other national, state or common law principle of similar effect, to the fullest extent permitted by law.
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.
Nothing contained in the Website Terms constitutes a waiver to our equitable rights and remedies and any other rights and remedies provided under Applicable Law.

Assignment

You shall not assign or transfer any right or obligation that has accrued to you under the Website Terms, and any attempt by you to assign or transfer such rights and obligations, shall be null and void. We may assign, novate, or transfer any or all rights and obligations that accrued in our favour under the Website Terms, at our sole discretion, to our subsidiaries, affiliated entities, or any other third party without any restriction.

Force majeure

We are not liable to the User or any person in a Force Majeure Event. For the purposes of this clause, ‘Force Majeure Event’ means any event outside direct, actual and reasonable control of the Company. Force Majure Event includes any events suffered by us or Partner Entities that are beyond reasonable control, including acts of God, labour disputes or other industrial disturbances, electrical, telecommunications, hardware, software or other utility failures, cyber-security incidents, network delays, software failure, smart contract failure, system bugs/ weaknesses, earthquakes, storms or other nature-related events, blockages, embargoes, riots, acts or orders of government, actions of the government, change of laws, introduction of new law, acts of terrorism or war, epidemic, pandemic, technological change, changes to any blockchain-related protocol or network, any actions or inactions of third parties and/or events experienced by third parties (e.g., bankruptcy of service providers, information security attacks, bugs or system issues, and fraud conducted by third parties), crystallisation of risks and disclaimers highlighted in the Terms, and such other similar events.

Governing law and dispute resolution

The Website Terms are governed by the laws of India.
In case of any claims, controversies or disputes relating to the Terms (including any question regarding their existence, validity, termination, or any services or products provided, and any representations made by us) or any other claims involving you and the Company (“Claim(s)”), the User and the Company shall first give each other a reasonable opportunity to resolve the Claims by mutual negotiation in good faith. If the Claim is not resolved by mutual understanding within 10 working days of receiving the Claim (or such shorter period as may be mutually agreed), either Party may seek relief in accordance with Clause 16.3 below.
You and the Company agree to resolve any Claims through final and binding arbitration. The arbitration tribunal shall consist of a sole arbitrator, appointed by both the Parties. In the event the Parties are unable to appoint a mutually acceptable arbitrator, then the tribunal shall consist of three arbitrators wherein each Party shall appoint one arbitrator and both the appointed arbitrators shall mutually appoint the third arbitrator. The language of the arbitration hearings shall be English, and the seat and venue of arbitration shall be Mumbai. The arbitration procedure shall be in accordance with the ‘Arbitration Rules of the Mumbai Centre for International Arbitration’, which rules are deemed to be incorporated by reference in this clause. The law governing the arbitration shall be the laws of India. The Parties shall bear the costs of the arbitrators and the venue equally.
Subject to Clause 16.2 & 16.3, courts at Mumbai (or such higher courts where an appeal may reside) shall have exclusive jurisdiction over Claims.
You shall keep all aspects of the dispute or arbitration proceedings, including but not limited to the award of the arbitrator and compliance therewith, strictly confidential unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law, any information necessary to enforce the Website Terms, to enforce an arbitration award, or to seek injunctive or equitable relief.
All claims and disputes within the scope of the Website Terms must be arbitrated or litigated on an individual basis and not on a class, representative, or collective basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user. Further, in view of the arbitration provisions in this clause, you hereby waive any rights to sue in court and have a court trial.
Nothing in the Website Terms shall prevent us from initiating any proceedings or claims before any appropriate authority or competent court if required for the purpose of obtaining injunctive relief or other urgent equitable relief or enforcement actions.

Electronic Communications

The Company and the User mutually agree that all agreements, notices, disclosures, and other communications may be provided by us electronically.

Amendments, severability

We may revise the Website Terms, with or without notice, from time to time by amending this page. We urge you to review this page from time to time to take notice of any changes that are made, as they shall be binding on you. Your continued use of the Website would be deemed to be your acceptance to be bound by the Website Terms. If you do not agree with any part of the Website Terms or any amendments thereof, we insist that you stop using the Website with immediate effect.
If any portion of the Website Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of the Website Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.

Survivability

Even after you cease using the Website, you shall remain liable for any acts or omissions during your association with the Website.

Contact

For general inquiries, complaints and/or giving any feedback, please visit the ‘SUPPORT’ page on our Website.