CoinDCX Web3: Offers and Programmes

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

DCX Software Platforms Sociedad De Responsabilidad Limitada (“Company”, “we”, “us”, “our”), company incorporated in Costa Rica, with registered office at San Jose, Canton 02 Escazu, San Rafael, Del Centro Comercial La Paco, Trescientos Metros Norte, Plaza Florencia, Local Diez, codigo Postal uno cero dos cero, offers various Web3 products and services to certain users of the mobile application ‘CoinDCX’ available on the Google Play Store and the Apple App Store (collectively, “Platform(s)”, which term shall include products, services, and Content offered on or via the Platforms).

These terms and conditions (“Programme Terms”) govern offers, airdrops, contests, bounties, schemes, referrals, mystery box schemes, reward programmes, etc. (collectively, “Programme”) brought to you by the Company from time to time. Unless otherwise specified, the Programme Terms will apply to all Programmes.

In addition to these Programme Terms, additional terms and instructions for a Programme may be published on T&C home page or on the page of the relevant Programme or communicated to Participants from time to time via our Platforms, social media announcements, or through email/written communication, in our sole discretion. Such additional terms and instructions constitute an integral part of the Programme Terms.

By participating in any Programme, you agree to abide by the Programme Terms.

WE RESERVE THE RIGHT TO MODIFY ANY PROGRAMME TERMS, AT ANY POINT IN THE FUTURE, WITHOUT PRIOR NOTICE TO YOU. YOUR CONTINUED PARTICIPATION IN THE PROGRAMME WILL SERVE AS YOUR ACCEPTANCE OF THE REVISED PROGRAMME TERMS.

DISCLAIMER: CRYPTO PRODUCTS AND NFTS ARE UNREGULATED AND CAN BE HIGHLY RISKY. THERE MAY BE NO REGULATORY RECOURSE FOR ANY LOSS FROM SUCH TRANSACTIONS.

Participation

You agree and acknowledge that:

During the duration of the Programme (“Programme Period”), the Programme is open for participation to registered users of the Platform, subject to additional eligibility criteria as may be set out in the Programme (“Participants”, “you”, “your”).
Entries received before or after the Programme Period will not be considered.
Only one entry per person is allowed. Multiple entries will be disqualified. If you are participating on behalf of a juristic person such as a company, only one participant is allowed for each such company.
We reserve the right to accept, reject or disqualify any participation in the Programme at our sole discretion, irrespective of the eligibility of the person seeking to participate.
The Participant shall at all times conduct themselves while upholding the spirit of the Programme and these Programme Terms.

Terms of the Rewards (if any)

You agree and acknowledge that:

The winners / rewards of the Programme shall be as announced or modified by us from time to time, in our sole discretion.
The time of delivery of the rewards may vary depending on various factors including operational feasibility.
The winner will be notified via e-mail or on the Platforms or on any other mode at our discretion. If no response is received within 3 (three) days, we reserve the right to forfeit the prize and select an alternate winner at our sole discretion. The Participants need to ensure that the contact information is accurately provided to us.
In the event that you are selected as the winner of a Programme, you will be required to present valid documents and identity proof as a condition to claim the reward. The documents may include, but are not limited to, a government-issued photo ID, proof of age, and any other documents deemed necessary by us for verification purposes. In case of failure to provide the requested documents within the time specified by us, we reserve the right to disqualify you. You agree to cooperate with us in the verification process and provide all necessary documents promptly and accurately.
There is no assurance or guarantee that you will receive any reward.
Rewards (if any) are offered on an as-is basis and we do not provide any representation, warranty or covenant whatsoever with respect to any reward. Rewards may not be suitable for all persons and may potentially be detrimental or harmful to you or persons associated with you. You should carefully consider whether any proposed reward is appropriate for you. You agree that you have read our Risk Disclosure and understand the same while accepting the Rewards.
Our discretion and decision is final and binding on all Participants. No enquiries, correspondences, appeals, claims, actions, verbal or written, shall be entertained in any regard hereunder.
The rewards shall be Digital Assets (as defined in the CoinDCX Terms of Use) or of such other nature as we may announce and make available from time to time. The rewards cannot be combined with any other promotions or offers or programmes except as may be intended by us.
Participants shall solely bear the applicable taxes and / or the responsibility of complying with the tax obligations with respect to the rewards, if any. We are not responsible for determining whether any taxes apply on any rewards received under the Programme.

Representations and Warranties:
1. You represent and warrant that:
  1. you are not a minor and you are competent to contract under applicable laws, including entering into these Programme Terms and having these Programme Terms being enforced against you;
  2. your participation in the Programme is entirely on your own volition and not on behalf of or at the behest of any other person, including under any undue influence or duress;
  3. your participation in the Programme is compliant with all applicable laws, and is not prohibited under any state or national law applicable to you;
  4. you are registered as a user on the Platform, and you meet the eligibility criteria for the Programme;
  5. all information provided by you to us from time to time including in any form to enter into the Programme is complete, accurate and not misleading;
  6. you are not in the business or profession of referring new users to us, unless we have entered into a specific agreement with you in this regard and the referrals made by you to us are in your individual capacity; and
  7. you shall not use rewards received by you (if any) for any illegal or detrimental purposes.
2. Any misrepresentation of any facts/particulars shall result in disqualification and/or forfeiture, withholding, withdrawal or reclaiming of rewards won and disqualification for further contests as well. We reserve any other rights under the CoinDCX Web3 Terms and under applicable laws.

Participant Acknowledgements

You agree and acknowledge that:

By participating, notwithstanding anything in our Privacy Policy, you consent to the Company using your name, likeness, photographs, other related personal information, and entry for promotional and marketing purposes without additional compensation. This consent can be withdrawn in accordance with our Privacy Policy; however; this may affect your participation in the Programme.
You also consent to the Company using your communication details for sending you any promotional and marketing content.
The Participant is liable for complying with applicable law in connection with participation in the Programme.
WE HOLD THE SOLE DECISION-MAKING AUTHORITY CONCERNING ANY ASPECT OF THE PROGRAMME, INCLUDING BUT NOT LIMITED TO ELIGIBILITY, THE TERMS AND CONDITIONS, WINNER SELECTION, REWARD DETAILS AND ALLOCATION. WE MAY CHANGE ANY OF THESE ASPECTS IN OUR SOLE DISCRETION. ALL DECISIONS MADE BY US SHALL BE FINAL AND BINDING. PARTICIPATION IN THE PROGRAMME DOES NOT GRANT YOU ANY STATUTORY OR CONTRACTUAL RIGHT TO HOLD US LIABLE FOR ANY ACTIONS OR OMISSION WE MAY TAKE REGARDING THE PROGRAMME AND YOU EXPLICITLY WAIVE OFF ANY RIGHTS GRANTED TO YOU BY LAW FOR THE SAME.
The Programme is not promoting any bargain price or unfair trade practice. The participation in the Programme is purely voluntary.
We reserve the right to disqualify any participant who violates the CoinDCX Web3 Terms, provides false information, engages in fraudulent activities, or attempts to tamper with the entry process or the fairness of the Programme.
All documentation in relation to the Programme, including the Programme Terms and CoinDCX Web3 Terms, is binding on you.
Images shown (if any) are for representation purpose only. The specifications of the actual product/platform/reward may differ from those shown herein. All specifications are subject to change without notice.
All brand names and trademarks are the property of their respective owners.
The Programme does not amount to a game of chance or lottery and must not be interpreted accordingly. You shall not participate in the Programme if you think that doing so may not be permissible under any laws applicable to you or your jurisdiction.
In the event you are undertaking such referrals in furtherance to a business or profession, you are under the obligation to bring it to our notice and in such a case, we will be entitled to deduct / collect additional withholding taxes as may be required by applicable law.

Other Conditions

1. We reserve the right to amend these Programme Terms at any time without prior notice.
2. The Participant shall indemnify the Company for any losses, costs or expenses of the Company owing to the Participant’s breach of the Programme Terms or of applicable law.
3. The Participant shall release and hold harmless the Company, its affiliates, and their respective directors, officers, employees, and agents from any liability arising out of or in connection with the Programme or any reward.
4. The Company, and its directors, officers, employees, or agents shall not be liable for any and all losses, costs, or injuries (including special, indirect, and consequential losses), damages, rights, claims, and actions of any kind resulting from participation in the Programme.
5. Force Majeure Events may lead to delay, suspension, termination or deviation of execution of the Programme. We are not liable in connection with any Force Majeure Event and Participants assume all risks associated with the same.

In this clause, ‘Force Majeure Events’ includes any events that are beyond our 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 or smart contract system bugs or 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, any actions or inactions of third parties and/or events experienced by third parties (eg. bankruptcy of service providers), information security attacks on service providers, and fraud conducted by third parties, crystallisation of risks and disclaimers highlighted on our Platforms, and such other similar events.

THE COMPANY RESERVES THE RIGHT TO DISCONTINUE THE PROGRAMME AT ANY TIME AND/OR CHANGE, AMEND, EXTEND, WITHDRAW AND/OR ALTER ANY OF THE TERMS & CONDITIONS OF THE PROGRAMME AT ANY TIME WITHOUT PRIOR NOTICE/INTIMATION OR GIVING ANY REASON AND IT IS THE SOLE RESPONSIBILITY OF THE PARTICIPANTS TO KEEP THEMSELVES UP TO DATE ABOUT ANY SUCH CHANGE. NEITHER ANYTHING IN THE PROGRAMME TERMS NOR THE EXISTENCE OF THE PROGRAMME SHALL BE CONSTRUED AS AN OBLIGATION ON US TO: (I) CONTINUE THE PROGRAMME DURING OR AFTER THE PROGRAMME PERIOD; (II) CONDUCT FURTHER SUCH PROGRAMMES.
Notwithstanding anything contained herein, the Programme Terms are in addition to and not in derogation to CoinDCX Web3 Terms, Privacy Policy, and all other rules, policies, frequently-asked questions (FAQs), guidelines, instructions (and corresponding hyperlinks, if any) that may be posted or made visible by us on the Platforms from time to time (collectively, “CoinDCX Web3 Terms”) and non-compliance with or breach of any of CoinDCX Web3 Terms may disqualify a Participant at any stage of the Programme, and any reward won may be forfeited, withheld, withdrawn or reclaimed.
If any portion of the Programme Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of the Programme Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
You shall not assign or transfer any right or obligation that has accrued to you under the Programme 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 Programme Terms, at our sole discretion, to our subsidiaries, affiliated entities, or any other third party without any restriction.
We may carry certain tax deductions in the event we are required to do so under applicable law, and you would be solely responsible for claiming any credits, refund or exemption(s), if any, from the tax authorities.

Governing law and dispute resolution
1. The Programme Terms are governed by the laws of Costa Rica.
2. In case of any claims, controversies or disputes relating to the Programme 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 Participant 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 6(c).
3. 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 San Jose, Costa Rica. The arbitration procedure shall be in accordance with the arbitration laws of Costa Rica. The law governing the arbitration shall be the laws of Costa Rica. The Parties shall bear the costs of the arbitrators and the venue equally.
4. Subject to Clause 6(b) & 6(c), courts at Costa Rica shall have exclusive jurisdiction over the Claim.
5. 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 Terms, to enforce an arbitration award, or to seek injunctive or equitable relief.
6. In view of the arbitration provisions in this clause, you hereby waive any rights to sue in court and have a court trial.
7. Nothing in the Programme 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.
8. A person who has not validly registered for a Programme in their own name shall have no right to enforce the Programme Terms.
For general inquiries, complaints and/or giving any feedback, please visit the ‘SUPPORT’ page on our Platform.