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CoinDCX Web3 Terms of Use

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

I. INTRODUCTION

Whereas DCX Software Platforms Sociedad De Responsabilidad Limitada (“Company”, “we”, “us”, “our”), a 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.

At present, the Web3 Platform is not accessible through any website or on a standalone basis, and can only be accessed as a tab/platform within the CoinDCX mobile application.

Accordingly, access to and use of the Services (as defined below) and the Web3 Platforms (as defined below) is governed by these ‘Web3 Terms of Use’ read together with the other CoinDCX Terms (as defined below). The terms and conditions relevant to any third-party product or service availed by you in connection with the Web3 Platform or Services (which may have to be read in consonance with these Terms) shall be deemed to be entered exclusively between you and the relevant third party.

By accessing or downloading or using any Web3 Platforms and/or Services in any manner or by otherwise impliedly or expressly accepting the Terms, you agree to be bound by the Terms and agree that you have read, understood and accepted the Terms.

We reserve the right to modify any Terms, at any point in the future, without prior notice to you. Your continued usage of the Web3 Platforms/Services will serve as your acceptance of the revised Terms. You shall remain liable for any acts or omissions during your association with the Platform.

Disclaimer: Crypto products are unregulated in many jurisdictions and can be highly risky. There may be no regulatory recourse for any loss from such transactions.

By accepting the Terms and accessing the Web3 Platform and/or the Services, you are deemed to have understood, agreed to and accepted the risks, losses, and costs associated with the Web3 Platform/Services including but not limited to total loss / devaluation / seizure of your Digital Assets. If you do not understand, agree with, or accept the Terms in their entirety, you should not register for a User Account or access or use the Platform or any Service.

THE COMPANY MERELY OFFERS A TECHNOLOGY PLATFORM AND LOSS OF YOUR PRIVATE KEY WILL LEAD TO LOSS OF ACCESS TO YOUR ASSETS, WHICH MAY ALSO LEAD TO COMPLETE LOSS OF YOUR FUNDS WITHOUT ANY RECOURSE WHATSOEVER.

IT IS IMPORTANT THAT YOU FULLY UNDERSTAND THE RISKS INVOLVED BEFORE MAKING A DECISION TO USE THE SERVICES. 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 SERVICES ARE SET OUT IN THE 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 THE SERVICES.

THE 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. THE 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 THE 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 GIVEN BY ANY OF THEM, THE SAME IS NOT AUTHORISED BY THE COMPANY AND SHALL STRICTLY BE CONSTRUED AS BEING IN THEIR PERSONAL CAPACITY. YOU SHALL NOT RELY ON SUCH ADVICE, AND WE DISCLAIM ANY LIABILITIES IN THIS REGARD.

YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR, ALL TRADING DECISIONS MADE BY YOU WHILE USING THE SERVICES, 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 THE 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 THE COMPANY IS NOT A FINANCIAL INSTITUTION, BANK, PAYMENT SYSTEM OPERATOR, STOCK EXCHANGE, CREDIT UNION, TRUST, HEDGE FUND, BROKER, 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 FIDUCIARY RELATIONSHIP OF OBLIGATION TO YOU WHATSOEVER.

YOU ALSO DECLARE THAT 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. THE REFERRALS MADE BY YOU TO US ARE IN YOUR INDIVIDUAL CAPACITY. 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. IN SUCH A CASE, WE WILL BE ENTITLED TO DEDUCT / COLLECT ADDITIONAL WITHHOLDING TAXES AS MAY BE REQUIRED BY APPLICABLE LAW.

YOU ALSO ACKNOWLEDGE AND AGREE THAT THE COMPANY, THE PLATFORM, AND YOUR ABILITY TO USE THE SERVICES MAY BE DETRIMENTALLY IMPACTED BY REGULATORY ACTION, CHANGES IN REGULATIONS APPLICABLE TO DIGITAL ASSETS, OR SIMILAR CIRCUMSTANCES. YOU AGREE THAT WE MAY DISCLOSE YOUR PERSONAL AND ACCOUNT INFORMATION IF WE BELIEVE THAT IT IS REASONABLY NECESSARY TO COMPLY WITH A LAW, REGULATION, LEGAL PROCESS, OR GOVERNMENTAL REQUEST.

WE DO NOT BROKER TRADES ON YOUR BEHALF. ALL TRADES ARE EXECUTED BY YOU DIRECTLY ON THE BLOCKCHAIN.

THE COMPANY MERELY OFFERS A TECHNOLOGY PLATFORM AND/OR ACTS A FACILITATOR PROVIDING ACCESS TO CERTAIN BLOCKCHAINS, DIGITAL ASSETS, AND ALLIED PRODUCTS AND SERVICES. ALL TRADES ARE EXECUTED AUTOMATICALLY, BASED ON THE PARAMETERS OF YOUR ORDER INSTRUCTIONS. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR THE LEGAL, REGULATORY AND TAX COMPLIANCE OF ALL TRANSACTIONS CARRIED OUT BY YOU USING THE SERVICES.

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

II. DEFINITIONS

Capitalised words used but not otherwise defined in these Terms (and, unless repugnant to the context, in any other CoinDCX Terms) shall have the meanings as set out below:

  1. “Account” or “User Account” means an account created by a User who registers to use the Services via the Platform, directly or through third-party credentials as may be permitted by us from time to time.
  2. “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 User or person.
  3. “Breach Event” means the occurrence, or likelihood of occurrence, of one or more of the following:
  1. breach or contravention of or inconsistency with Applicable Laws;
  2. breach or contravention of or inconsistency with the Terms;
  3. any transaction or action is suspicious (in our sole discretion), may involve negligence, fraud or misconduct, affects third-party rights;
  4. any information provided by you to the Company is incomplete, incorrect or false;
  5. you do not provide any information or documents as requested from time to time;
  6. your transactions are suspicious or unauthorised;
  7. deposit, withdrawal, or transfer of any Digital Assets that are deemed suspicious as per our internal assessments;
  8. your usage of the Platforms or Services corrupts or compromises the integrity, stability and security of the Platforms or Services, whether intentionally or otherwise; and/or
  9. 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.
  1. “CoinDCX Terms” refers to these Web3 Terms of Use and the other terms of use applicable to the usage of the ‘CoinDCX’ mobile application, including the Website Terms, Exchange Terms of Use, Privacy Policy, Risk Disclosure, Programme Terms, and all other rules, policies, frequently-asked questions (FAQs), guidelines, instructions  that may be posted or made visible on the ‘CoinDCX’ mobile application Platform from time to time.
  2. “CoinDCX CeFi Wallet” means the ‘Digital Assets Wallet’ as defined in the Exchange Terms of Use.
  3. “Content” means any information, text, graphics, blogs, trademarks, data, service marks, logos, icons, guides, video, multimedia content, images, audio, discussions, general educational content, or other materials uploaded by the Company or the Users, which is accessible on the Online Platforms.
  4. “Digital Asset(s)” or “Asset(s)” or “Virtual Digital Asset(s)” or “VDA(s)” means:
  1. a digital representation of value or of a right which can be stored or transferred electronically, including a crypto-asset, and does not include Fiat Currency; and
  2. any other digital asset as we may specify from time to time.
  1. “Partner Entities” refers to persons/entities (including the Company’s affiliates, group companies, licensees, authorised payment processor entities) that are authorised to provide Services on the Platforms and are responsible for such services.
  2. “Sanctions Lists” has the same meaning ascribed under the Applicable Laws, and includes, without limitation sanctions list, exclusion lists and similar lists maintained by the United Nations (including the Security Council), Office of Foreign Assets Control (OFAC), Bank of England, Central Bureau of Investigation (India), European Union, Federal Bureau of Investigation, HM Treasury, Hong Kong List, Ministry of Home Affairs-India, National Investigations Agency (India), Russian List, Singapore List, United States Terrorist Exclusion List, UAE Terrorist List, UK Home Office, US Coast Guard list, US Marshals list, World Bank.
  3. “Security Incident” has the meaning given to it under Clause 7.
  4. “Services” means the services that the Company offers to Users on or via the Platforms including:
  1. a managed self-custody wallet allowing you to deposit, withdraw, and store Digital Assets;
  2. access to identified blockchains for online trading of your identified Digital Assets for other identified Digital Assets;
  3. allied services, products or contests related to Digital Assets (if announced from time to time);
  4. the provision of the Platforms itself (and any Content);
  5. any other service or product that the Company may (either directly or licensed from and/or procured through the Company’s affiliates, group companies, licensees and/or Partner Entities) offer through the Platforms from time to time.

Provided that CoinDCX may change, limit, or vary the nature and extent of Services from time to time.

  1. “Specified Persons” means the Company, our Partner Entities, and ours and their shareholders, directors, officers, employees, representatives, contractors, and suppliers.
  2. “Terms” or “Terms of Use” refers to these Web3 Terms of Use read together with the Privacy Policy, Risk Disclosure, Programme Terms, and all other rules, policies, frequently-asked questions (FAQs), guidelines, instructions that may be posted or made visible by us on the Platforms from time to time, all of which are hereby deemed to constitute an integral part of these Terms.
  3. “Third-Party Services and Resources” has the meaning given to it in Clause 5.
  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.
  5. “User”, “you” and “your” refers to any natural or juristic person who uses the Platform or Services and such expression shall, for the purpose of any claims against the User, include a User’s successors, heirs, receivers, and permitted assigns.
  6. “Web3 Platform(s)” or “Platform(s)” or “Online Platform(s)” refers to the ‘Web3’ tab/platform on the ‘CoinDCX’ mobile application.
  7. “Web3 Wallet” means an online public blockchain address also accessible through the Platform and controlled and operated by a User for storage and/or transfer of their Digital Assets.

III. COMMON TERMS

A. Usage of platform and services

  1. Proprietary Rights and Acceptable Use
  1. The Company owns or has duly obtained a license to all rights, title and interest in and to the Platforms and the Services, including any intellectual property rights which subsist in the Platforms and the Services (whether registered or not).
  2. In consideration of your compliance with the Terms and subject to the Terms, the Company may permit you to use the Platform and Services on a best effort basis.
  3. The Company does not grant you any rights or license over the Platform, except for a limited, non-exclusive, non-sub-licensable, non-transferable, right to access the Platform 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 Platforms 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 Platform (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 Terms. Any other use of the Platform will require a license to be negotiated and agreed in writing with the Company.
  4. 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.
  5. You shall ensure that your use of the Platforms shall be in compliance with all Applicable Laws including but not limited to information technology laws, data protection laws, tax laws, and contract laws.
  6. You may choose to, or we may invite you to, submit comments or ideas or feedback about the Services. 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, in consideration of your use of the Platform.
  1. User Protection – Recommended Practices

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

  1. 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.
  2. 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 the Services before acquiring or dealing in any Digital Asset or availing any Services.
  3. Diversification: You should consider diversifying investments to help spread risk across various assets.
  4. Use Secure Networks: You shall ensure that you are using the Platform on 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.
  5. Account Security: Users shall be responsible for maintaining the security of their account credentials and should use strong, unique passwords and enable two-factor authentication. You shall not respond to any persons asking for your bank account details or User Account details.
  6. Vigilance Against Fraud: You should be alert of phishing attempts and other forms of fraud, and shall report any suspicious activities to us immediately.
  7. Preventing Unintended Fraud: Fraudsters often use bank accounts and digital wallets of innocent users (commonly known as ‘money mules’) for money laundering and other illegal purposes, often by asking them to send/receive Assets in exchange for commissions, job offers, or other incentives. Do not share your Account details with anyone, and do not agree to send or receive Assets in your wallets/accounts from or at the behest of unknown persons.
  8. Personal Data Protection: You should safeguard your personal and financial data and be cautious about sharing sensitive information.
  9. Personal Risk Assessment: You should regularly assess your risk tolerance and adjust your usage activities accordingly.
  10. Double Check Inputs: The Company is not responsible for losses/damages/costs induced by mistyped or otherwise wrongly placed transactions, and you should double-check all your inputs.
  11. Supported Digital Assets: Under no circumstances should you attempt to use your Web3 Wallet to store, send, request, or receive any assets other than Digital Assets supported by the Platform. We assume no responsibility in connection with any attempt to use your Web3 Wallet with Digital Assets that we do not support.
  1. Conditions for Services

You acknowledge and agree to comply with the following provisions:

  1. The Company is merely a technology platform that allows Users to access blockchains. The Company is not an exchange.
  2. The Company reserves the right to restrict access to the Services to Users based on its internal risk assessments. We reserve the right to change the list, nature, and extent of Services from time to time.
  3. You acknowledge that you avail Services and carry out transactions on the Platforms in accordance with your own choice and risk, and the Company does not mandate you to avail any Service.
  4. We reserve the right to, in our sole discretion and without any notice to you or liability to ourselves, impose limits and other controls further to our internal policies, operational and other risks, and compliance with Applicable Law, at any time, without prior notice and without giving reasons. As a result, you acknowledge and agree that you may be prevented from carrying out a transaction, availing certain Services, or undertaking other steps at certain times if such actions would cause you to exceed an applicable control measure, and that we may apply filters to reject an instruction submitted by you that does not comply with any relevant controls measures.
  5. We have the exclusive authority to determine which Digital Assets are listed/supported on the Platforms and may add or remove Digital Assets support from the Platforms in our discretion, from time to time.
  6. You own and control Digital Assets held in your Web3 Wallet. As the sole owner of Digital Assets in your Web3 Wallet, you are solely responsible for complying with Applicable Laws in relation to your ownership and use of your Digital Assets and you shall bear all risk of loss of such Digital Assets.
  7. We may in our sole discretion suspend or disable support for blockchain networks or certain tokens which are supported on the Platform at present. Further, you acknowledge that the Services are subject to changes in the rules and protocols linked to the supported networks and tokens.
  8. You acknowledge that all orders transactions are irreversible once executed, and many transactions are instantaneous in nature and cannot possibly be cancelled.
  9. All activities, instructions, and transactions from your User Account are deemed to be done / given by you, and you are responsible for any actions / consequences arising from usage of your User Account.
  10. The routing of transactions through systems is not in our control and can take time, and we are not liable for any delays or any losses arising from such delays. We are not liable for any asset value losses or fluctuations.
  11. You shall not presume a transaction to have been executed, cancelled or modified until a confirmation is received from the relevant chain. We are not responsible for completion of any transaction. You acknowledge that there is a risk of transactions not being processed on the blockchain.
  12. Notwithstanding anything to the contrary, we are not required to take any action if we believe, in good faith, that such action may: (a) constitute or contribute to a violation of any Applicable Law; (b) impact the integrity of any systems owned, operated or used by us or violate our internal policies; or (c) affect the rights or assets of other Users or persons. We shall not be liable to you for any claims, losses, or damages arising from our reliance on this provision.
  13. In case Assets are wrongly transferred to you or if excess Assets are transferred to you due to any errors, breaches, or bugs, you are required to return such Assets without any delay or demur. Additionally, if we incur any taxes or fees in relation to your Account, you shall reimburse us for such amounts.
  14. We reserve the right to offer airdrops of select Digital Assets to certain Users, at our sole discretion, and you may or may not receive the benefit of the same. Programme Terms adopted by the Company will be applicable to any airdrops offered on the Platform.
  15. You agree that in case of redenomination of the Digital Assets, the list of Digital Assets as reflected on the Web3 Wallet may be modified to reflect such redenomination. We are not in control of any redenomination or delisting of Digital Assets and we are not responsible for the consequences of such redenomination or delisting, and the same is attributable to the issuer of such Digital Assets or the relevant Digital Asset network. We do not review, approve, monitor, endorse, warrant, or make any representations (express or implied) with respect to such redenomination.
  1. Information on the Platforms

You acknowledge and agree to comply with the following provisions:

  1. The Content on the Platforms is provided for general information only and is not to be treated as investment advice. We encourage you to seek any professional advice from such persons who are skilled subject matter experts and competent to render advice to you on the service offerings made available by us to you.
  2. 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.
  3. There may be information on the Platforms that contains 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 Platform at any time, without prior notice. We are not responsible for any acts, omissions, losses or harm suffered by reliance upon any such information.
  4. We reserve the right to display or permit the display advertisements, promotional material, polls, surveys and other Content on some of the Platforms or Services, which may be targeted to the information stored on the Services, queries made through the Services or other information. In consideration for granting you access to the Platforms, you agree that we may place such material or content on the Platforms or Services.
  5. You shall use any real-time price data shared on any of our Platforms only for the purpose of using the Platforms.
  6. We reserve the right to generally share any data relating to Digital Assets for educational, awareness, and other purposes.
  7. 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.
  8. We reserve the right to review, delete or modify any Content on the Platforms in our sole discretion.
  9. You acknowledge and agree that any Content you create on the Platform may be visible to select Users or to the public, and can be used by the Company without further permission from you. In consideration of your use of the Platform, 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.
  10. 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.
  11. Our Platform is not intended for children, being persons under 18 years of age. We do not knowingly offer the Platform or its Services to children. If you are under 18, do not access, use or otherwise interact with this Platform.
  1. Third-Party Services and Resources
  1. In order to facilitate the Services, the Company may be required to avail the services of third-party service providers. By accepting the Terms, you are providing your consent for the same.
  2. You acknowledge and consent to the following (collectively, “Third-Party Services and Resources”):
    1. your Digital Assets / Web3 Wallet will be encrypted via managed custody / on-chain custody services provided by third-party vendors;
    2. the Platforms may contain services of or links to other websites, software, content, platforms, or resources.
  3. 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.
  4. 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 Platform or certain features on the Platform may accordingly cease to be available. 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.
  5. When transacting on or otherwise using any blockchains using the Platform’s interface, you understand that you are at no time transferring your Assets to us. You acknowledge that many Digital Asset transactions rely on third-party platforms or service providers. Operational failures, security breaches, or disruptions in these third parties can adversely affect your Digital Assets. Digital Assets are reliant on centralised, decentralised and/or peer-to-peer networks outside our control and are exposed to network risks. Any disruptions such as technological failures, hacks, regulatory action or internal policy changes may also impact or terminate access to or lead to loss of User Assets. Third-party resources such as decentralised applications or exchanges (‘Dapps’ or ‘DEXs’) and aggregation layers may provide access to assets, transactions or services which have high risks of illiquidity, devaluation, lockup, or loss. Specifically, any incidents affecting the on-chain/managed custody service provider could lead to total loss of your Digital Assets with no recourse.
  1. Prohibited usage
  1. You shall not utilise the Platforms for any purpose other than for availing the Services made available by us from time to time.
  2. Your use of our Online Platforms and Services shall only be for purposes permitted under Applicable Law.
  3. 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 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 User or any other person;
    4. use Assets from unknown sources or associated with any blockchain wallet other than your own;
    5. use your trade name or corporate name as your User name or otherwise on the Platform (unless expressly permitted by us);
    6. use the Platform 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 Platform and any third parties or induce any person to do business with you;
    7. use our Platform or Services to build or support products or services competitive to our products or services, or carry out any indexing exercise based on the information on the Platforms;
    8. develop any third-party applications that interact with our Platform or Services without our prior written consent;
    9. keep, store, use, withdraw or transact with Assets that are obtained through, or otherwise use the Platform or Services for, or conduct on the Platforms, any Unauthorised Activities;
    10. take advantage of any technical glitch, malfunction, failure, delay, default, or Security Incident;
    11. 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 Platform/Services;
    12. transact with or hold the proceeds of illegal activity;
    13. use any bots, robot, spider, parser, scraper, scripts, programs, routines, or other means to access the Platforms/Services or attempt to gain unauthorized access to other user accounts, the Platforms/Services, or any related networks or systems or use any form of automation to engage in any activity in connection with the Platform/Services, unless expressly permitted by us in writing or by way of authorised Application Programming Interface (API) access;
    14. use the Services to engage in conduct that is detrimental to the Platform or to any other user or any other person;
    15. collect any user information from other users, including, without limitation, email addresses;
    16. participate in any unfair trade practice or market manipulation, including but not limited to all such acts like pump and dump schemes, transacting on any inside or non-public information acquired through sources or acts not permitted by law, wash transactions, market manipulation, spoofing or layering etc.;
    17. conduct any surveys, contests, campaigns, or schemes on the Platform;
    18. use multiple devices to access or log into the Platforms at a given point of time;
    19. copy, imitate, duplicate, distribute, use, create derivative works of display or commercially exploit the Services and/ or the Platform or any of its Content, features or facilities, directly or indirectly, without our prior written permission or attempt to get access to the Platform in source-code form;
    20. 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 Platform, or create their derivative works or otherwise take advantage of any part thereof;
    21. attempt to remove, obscure, falsify, or alter any proprietary labels, logos, attributions proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Platforms or Services;
    22. circumvent restrictions on the Platforms or Services, including any technological measure implemented by us or any of our service providers to protect the Platform or Services;
    23. defame, harass, intimidate the Company or any of its representatives or employees or any user;
    24. violate the intellectual property rights of the Company or of any other person;
    25. disparage, tarnish, or in our opinion, otherwise damage the reputation of the Company or use the Platform to disparage, or in or opinion, otherwise damage the reputation of any third party;
    26. infringes a third party’s rights including intellectual property and privacy, impairs, the functionality of our Platforms and Services or interferes with another person’s use of the Platforms or Services;
    27. host, display, upload, modify, publish, transmit, store, update or share any information or content, or otherwise use the Platform or Services 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, or 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;
    28. create or circulate or use any technologies which violate, or which would facilitate other users to violate the Terms including for masking Internet Protocol (IP) addresses or to obfuscate transaction details;
    29. misrepresent, misinform or misguide the Company or any person in any manner; and
    30. 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 Service or of any related website, other websites, or the internet or that may permit unauthorized access to, or disable, erase, or otherwise harm, any computer, systems, or software.
  1. Procedure to report Security Incidents

If you suspect your User Account, your device, wallet, or security details have been compromised, or notice any unusual activity in your wallet or suspicious behaviour (such as fraud or cyber incidents) (“Security Incident”), you shall inform 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.

  1. Suspension of Services
  1. In the event we believe that: (a) a Breach Event or a 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; (d) or for protecting the rights of third parties; (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 the Digital Asset ecosystem, including without limitation:
    1. without prejudice to the generality of any other clause in these Terms, suspending, terminating, or restricting your Account and/or your access to the any or all of the relevant Platforms/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/or 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.
  2. For the purposes of servicing, upgrading or maintaining our systems or for responding to Security Incidents, we reserve the right to suspend Services and / or process, decline to process, suspend, block, delay, cancel, reverse, void or partially execute any transaction requests submitted by you or Services offered to you and/or refuse to continue your access to the Platforms (even after Assets have been debited from your User Account), at our sole discretion.
  3. If for any reason, your CoinDCX User Account / CoinDCX CeFi Wallet is blocked or subject to any inhibiting action or steps as described in the CoinDCX Terms, such actions may impact or restrict or discontinue your access to the Web3 Platform / Web3 Wallet as well.
  4. We have the right but not the obligation to take any steps set out in this clause for the protection of the Users, Assets and Services on the Platform. We will not exercise such right unreasonably and without caution.
  5. Your access to the Assets in your Web3 Wallet after termination or other actions under this clause will depend on your access to your backup of your Web3 Wallet address. We shall not be able to recover your Assets if you lose or otherwise do not have access to your backup.
  6. Please refer to Risk Disclosure to understand various other risks that could lead to suspension of services, loss of Assets, etc.

B. User registration

  1. Your Account
  1. You shall access the Web3 Platform only via the CoinDCX mobile application, using only your User Account. In order to provide access to any Services, we reserve the right to require any information or documentation as per Company policy or Applicable Law from time to time. Certain Services, transactions, and features may be subject to such further information requests.
  2. We reserve the right to provide access to the Web3 Platform only through your User Account. You confirm that you are the owner of your User Account and of the login credentials used by you to create your User Account. If you have created your User Account with your credentials from certain third-party sites as permitted by us from time to time, you further confirm that you are the owner of such other account and that you are entitled to disclose such login information to us. You authorize us to collect your authentication information, and other information that may be available on or through your other account hosted with the third-party, consistent with applicable settings and instructions.
  3. We reserve the right to require you to set up two-factor authentication (2FA) to securely access your User Account and certain Services. You shall provide us with additional personal information as necessary and requested to enable these security protocols.
  4. We reserve the right to limit your usage of the Platform or seek additional information or documentation as we may deem fit from time to time.
  5. If you are a natural person as registered with us, only you are permitted to use and operate the User Account, the Platforms, and the Services. If you are a User other than a natural person (such as a company), only your authorised signatory as registered with us and accepted by us is permitted to use and operate the User Account, the Platforms, and the Services. Usage of the same by any other person is a breach of the Terms. You may contact us for change in your authorised signatory, which change will only be applicable after we have accepted and registered the new authorised signatory.
  6. You shall promptly inform us about any discrepancies, changes, or errors in any information provided to us, and you acknowledge that you are responsible for any consequences arising out of incorrect information provided and will edit or update such information on the Platform by using the relevant Platform features.
  7. We encourage you to use strong passwords. You are responsible for safeguarding your User Account and you agree not to disclose your password to any third party. You agree that you will be solely responsible for any activities or actions taken under your password and User Account, irrespective of whether you have authorized such activities or actions. If you lose access to your User Account or your Google account, you may not be able to recover your Assets. You will immediately notify us of any unauthorized use of your password or your account, upon becoming aware of any such discrepancy, by reporting the same via https://support.coindcx.com/. Without limiting any other provisions of the Terms, you shall not use false identities or impersonate any other person or use a username or password that you are not authorized to use or that would be in breach of third-party intellectual property rights or personal rights or if it may give the impression of you being another person.
  8. In the event of your inactivity or inaction on the User Account for a considerable period of time, Applicable Law may require us to report the Assets as unclaimed property to the authorities in certain jurisdictions. We reserve the right to block or deactivate your User Account in case of such inactivity for a period of 5 years or in accordance with Applicable Law.
  9. If we change the eligibility criteria for our Services and you no longer comply with the new eligibility criteria or due to changes in Applicable Law, or pursuant to any future usage/feature restrictions, we may close your User Account without any liability for us. In the course of providing Services, at any time, we may require you to provide or execute any other document in order to be compliant to the policies of the Company or of any third-party or with Applicable Laws.
  10. You are solely responsible for ensuring that you are in compliance with the Terms and with all Applicable Laws. We are not liable for any losses or other consequences of unauthorized use of your Account.
  11. You confirm that you are not, or not related to any person or institution, to who may be or could be prohibited from providing services to or entering into relationships with, pursuant to the economic sanctions programs administered or enforced by any country or government or international authority, including the Sanctions List or subject to any adverse media. In the event that we are required to block Assets associated with your User Account in accordance with a Sanctions List, or other similar government sanctions programs or subject to any adverse media, we may: (i) suspend your User Account; (ii) terminate your User Account; (iii) require you to withdraw Assets from your User Account within a certain period of time. We are not responsible for any losses, whether direct or indirect, that you may incur as a result of our complying with Applicable Law, the guidance or direction of any regulatory authority or government agency, or any writ of attachment, lien, levy, subpoena, warrant, or other legal order.
  12. Once a User Account is closed/withdrawn/cancelled/deactivated, we reserve the right to deduct any outstanding charges or dues or liabilities from the remaining account balance and you authorise us to deduct the same. If any charge or liabilities still remain outstanding, we may initiate necessary action to recover the same. Upon the deduction of all outstanding charges to us (if any), we may provide you with a reasonable number of business days to withdraw all Assets from the account. However, we may retain user data/information in the event of suspension/closure of any account arising from fraud, cyber investigations, investigations of violation of Applicable Law or violation of the Terms. In the event we are required to transfer any Asset to source, the same shall be only where the minimum amount is in excess of the threshold set as per internal policy.
  13. You are prohibited from selling, trading, creating security interest or otherwise transferring or encumbering your User Account to another party or impersonating any other person for the purpose of creating an account with the Platform.
  14. You authorize us, our Partner Entities, and representatives to contact you via phone calls, SMS, or messaging channels in connection with the Platform and Services, and hereby consent to the same.
  15. In the unfortunate event of your demise, we may not be able to take any steps to transfer your Web3 Wallet / Assets to your nominees or heirs, as we do not have any custody over the same.
  16. In the event of death, insolvency or liquidation of the User, or their otherwise becoming incapable of receiving, paying for, delivering or transferring Assets which you have ordered to be transacted upon through the Platform, you, your estate, and/or your legal representatives / designated nominees shall be jointly and severally liable for any losses or costs arising therefrom. You shall indemnify us and any Specified Persons for any losses/costs that may arise in such a scenario.
  1. User Representations and Undertakings
  1. You represent and warrant that throughout the duration of your usage of the Services and Platforms:
    1. you are competent to enter into a contract under Applicable Laws;
    2. you are not a minor and you are capable of entering into these Terms and having this Terms being enforced against you;
    3. you are not included in any Sanctions Lists or subject to any adverse media;
    4. your User Account has not been suspended or terminated by us in the past for any reason whatsoever;
    5. your use of Services does not violate the Terms;
    6. your use of Services does not violate any Applicable Laws;
    7. you are not a citizen or resident of a country where VDA activities are prohibited;
    8. you are not a “U.S. Person”, as such term is defined under Regulation ‘S’ promulgated under the Securities Act of 1933 or under any analogous legislation;
    9. your registration as a User and all your activities on the Platforms 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;
    10. you are conversant with the risks associated with dealing with Digital Assets;
    11. the User Account is owned and operated exclusively by you and no other person has any rights to own or operate it;
    12. all Digital Assets held or transacted by you are free and clear of all prior liens, claims and encumbrances, and you own and have full and valid title over the same;
    13. all information provided by you (including identification documents) is true and accurate; and
    14. you have full knowledge and disclosure of the current regulatory status with respect to Digital Assets in Costa Rica and in all other jurisdictions applicable to you and the risk involved in dealing with, or trading in, or storing the same and you have made adequate efforts to inform yourself about the same on an ongoing basis.
  2. You undertake and covenant that:
    1. You shall not do or omit to do anything which shall result in any representations and warranties provided by you becoming untrue, incomplete, inaccurate, or misleading.
    2. You shall ensure that you are in compliance with the Terms and Applicable Law at all times.
    3. In the event you are a legal entity or representing any legal entity, you are required to inform the Platform that you have the necessary authority to represent the entity, and that relevant requirements as per our policies are complied with by you.
    4. You shall be required to complete your KYC verification for availing Services on the Platform, in accordance with our KYC policies and Applicable Law. As part of the KYC process under Applicable Law, you shall be required to verify your identity by providing us with certain required information and documents. We have the right to request you for additional documents or information at any point of time as we deem fit or as required under Applicable Law. We may partner with third parties for the KYC process and the terms of such third parties will be applicable to you in such cases, as set out under Clause 5 of these Terms.
    5. You shall not assign the User Account or resell the Services, in whole or in part, or otherwise allow the use of the User Accounts or the Services by any third parties.
    6. You shall be responsible for creation, maintenance and security of your Account and shall take all due diligence measures accordingly.
    7. You shall not transact, deal with, or hold any Assets belonging to third parties.
    8. You shall always ensure the security and confidentiality of your passwords, keys, and credentials and shall undertake not to reveal these details to any person.
  1. Fees and Taxes
  1. For availing the Products and Services, we may deduct certain amounts of Digital Assets towards fees as may be indicated on the Platforms or otherwise communicated to you from time to time. At present, transactions on the Platform attract: (a) a platform fee charged by us for facilitate the Services and maintaining the Platforms; and (b) a network/gas fee charged by the blockchain network.
  2. Gas fees apply to all transactions on the blockchain. The gas fee is the charge imposed by the blockchain for ensuring its security. The gas fee fluctuates based on demand and supply associated with the blockchain network, among other factors. You will be charged a gas fee even if your transaction fails. This happens because your gas fee covers the cost of processing the transaction, regardless of its outcome. Miners or validators on the network perform the work to validate your transaction, and the fee compensates them for this effort. So, if your transaction fails due to issues like insufficient funds or errors, the fee is still applied since certain resources were still used to attempt the transaction. To avoid such failures, it is advisable to double-check that you have enough Digital Assets to cover both the transaction and the gas fees.
  3. As the owner of the Assets in your Account, you are solely responsible for determining your tax liability in relation to availing the Services including holding and trading of Digital Assets, and complying with all tax-related filing and payment obligations applicable to you. We are not responsible for determining whether any taxes apply on any transaction carried on the Platforms or in relation to the Digital Assets held by you.
  4. We may carry out 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. Further, in case you withhold taxes pursuant to applicable law, you shall furnish to us a statement detailing such withholding and deposit of withheld taxes.
  5. All fees, commissions, interests, and other charges are exclusive of any applicable indirect taxes (including goods and services tax) which shall be borne by you and may be separately charged by us. In case any further indirect tax is made applicable on the Services or the transactions on the Platforms in the future, we reserve the right to separately charge such tax which shall be borne by you.

C. Disclaimers and Clarifications

You agree that you have read the Risk Disclosure, understand the same, and will use the Services and Platform judiciously. You further agree that you will not take any risk which is beyond reasonable risk for you. There may be additional risks beyond those identified in the Risk Disclosure and in the 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.

D. Limitation of Liability and Indemnity

  1. Limitation of Liability
  1. The Platform is merely a technology layer that provides access to identified blockchains and Digital Assets. Your Digital Assets are stored, and transactions are conducted, directly on the blockchain, and we do not have any control or liability regarding the same. We will not be liable in any way for any loss or damage suffered by you through use of or access to the Platforms or Services. Our liability for negligence, breach of contract or contravention of any law in connection with your use of the Platforms and Services, which cannot be lawfully excluded, is limited, at our option and to the maximum extent permitted by law, to restore the Services on a best effort basis.
  2. Subject to Clause 12.1, to the aggregate liability of the Company (including that of the Specified Persons) to any User or person under these Terms or whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable shall in no event exceed the amount of Digital Assets deducted by us towards our fees with respect to the concerned User in three months preceding the date of claim by the User to the Company.
  3. The Company and 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 Services, any performance or non-performance of Services or any product provided by us, whether under contract, statute, strict liability or other theory even if we are advised of the possibility of such damages.
  4. Notwithstanding the fact that some services may be offered by Partner Entities, any claims by you under the Terms shall lie only against the Company.
  5. We do not warrant that your use of the Platforms will always be available or that you will have uninterrupted access thereto and only strive to provide you with a minimum downtime. We will not be liable to you, including without limitation, for any losses incurred due to volatility of prices of the Digital Assets or if for any reason the Platforms are unavailable at any time or for any period.
  6. You assume the entire risk associated with your usage of the Platform/Services (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 Terms or otherwise).
  1. Indemnity and Remedies
  1. 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.
  2. Without prejudice to the above, to the maximum extent permitted by Applicable Law, you hereby agree to indemnify and hold harmless the Specified Persons from and against and in respect of any liabilities, losses, charges, 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 Platforms or Services, (b) your negligence or your breach of the 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.

E. Miscellaneous

  1. Release and Waiver
  1. 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 Platforms, Services, Content or Digital Assets. 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.
  2. 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.
  3. Nothing contained in the Terms constitutes a waiver to our equitable rights and remedies and any other rights and remedies provided under Applicable Law.
  1. Assignment

You shall not assign or transfer any right or obligation that has accrued to you under the Terms and/or in relation to any Services, 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 Terms and/or in the course of offering Services, at our sole discretion, to our subsidiaries, affiliated entities, or any other third party without any restriction.

  1. 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 Majeure 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.

  1. Governing law and dispute resolution
  1. The Terms are governed by the laws of Costa Rica.
  2. 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 17.3.
  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 Clauses 17.2 and 17.3, courts at Costa Rica shall have exclusive jurisdiction over the Claims.
  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. All claims and disputes within the scope of the 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 or jury trial.
  7. Nothing in the 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 created an Account or not availed any Services by registering a User Account in their own name shall have no right to enforce the Terms.
  1. Electronic Communications

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

  1. Amendments, severability.
  1. We may revise the 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 Services would be deemed to be your acceptance to be bound by the Terms. If you do not agree with any part of the Terms or any amendments thereof, we insist that you stop using the Online Platforms and Services with immediate effect. The date the Terms were last revised is identified at the top of the page. You are responsible for ensuring we have your up-to-date, active and deliverable email address, and for periodically visiting our Platform and these Terms to check for any changes.
  2. If any portion of the Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of the Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
  1. Survivability

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

  1. Contact

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

IV. KEY TERMS FOR CERTAIN PRODUCT/SERVICES

The following terms pertain to certain specific products and Services offered on the Online Platforms and are an integral part of the Terms. The specific terms for each of the products/Services set out below are to be read together with, and as a part of, the overall Terms and with any frequently asked questions / rules / help & support instructions / guidance provided on the Online Platforms. In case of any inconsistency between any Part IV (Key Terms for Certain Products/Services) of these Terms of Use and Part III (Common Terms) of these Terms of Use and/or any other guidance provided on the Online Platforms, the Part III (Common Terms) in this regard will prevail.

We reserve the right to modify, alter, suspend, revoke or withdraw any product/Service or any part thereof including the Terms.

F. WALLET SERVICES

  1. You are responsible for the retention and security of your private key. You agree that loss or misplacement of private keys may result in loss of access to your Assets or complete loss of Assets.
  2. Upon activation of your User Account, a Web3 Wallet is created for storage of Digital Assets and effecting transactions on the blockchain. You may be required to maintain a minimum balance of Assets in your Web3 Wallets before you initiate an order and/or transaction. We reserve the right to block your access to your User Account, if you are in contravention to our policies or any direction from a law enforcement agency.
  3. You are solely responsible for effecting any transactions involving the Web3 Wallet and it shall be your responsibility to disclose the proper source of funds.
  4. You may only transfer Assets in the form of Digital Assets into the Web3 Wallet. You may do so by transferring the same from your CoinDCX CeFiWallet as opened by you pursuant to the CoinDCX Terms.
  5. Certain Digital Assets may not be supported for transfers between the CoinDCX CeFi Wallet and the Web3 Wallet.
  6. You understand that direct deposits into the Web3 Wallet from external wallets / exchanges, or from the Web3 Wallet to external wallets / exchanges, are not permitted on the Platform; and that you risk losing your Assets if you attempt to do this. However, we reserve the right to permit you to transfer certain identified Digital Assets to your CoinDCX CeFi Wallet. You shall be responsible for any consequences arising out of your transactions with external wallets.
  7. If permitted by us, Assets held in this Web3 Wallet may be used to purchase another Digital Asset, and any sale proceeds obtained in the form of Digital Assets will be credited only into this Web3 Wallet.
  8. You are not permitted to transfer, store or receive any digital assets not supported by your Web3 Wallet. Your Web3 Wallet only supports the blockchain protocols listed on the Platform. Under no circumstances should you attempt to use your Web3 Wallet to store, send, request, or receive any unsupported Assets or Assets on blockchain protocols that we do not support The Company shall not be liable for any losses suffered by you in connection with such attempts to store or transfer digital assets.
  9. Certain Digital Assets may be programmed using smart contracts to have certain in-built rules or conditions that will be automatically executed when such rules or conditions are met. It is your responsibility to fulfil the conditions embedded therein in order to use or transact such Digital Assets. We will not be liable for any loss, damage, or interruptions caused by your failure to meet the rules or conditions of such Digital Assets. Additionally, while the Platform may contain certain indications pertaining to the risk levels associated with a token (as computed by entities who assess such risks), it is also not possible to ensure that all Digital Assets are safe. You shall not hold us liable for any consequences pursuant to the functioning of smart contracts or fraudulent Digital Assets.
  10. While transferring Assets into the Web3 Wallet, such transaction will be completed only after it is processed on the blockchain network and will only reflect in the User’s Wallet once the transaction is completed. The Company will not be liable for any losses suffered during such transfer of Assets and cannot control the time taken for completion on the blockchain network.

G. TRADING OF DIGITAL ASSETS

  1. These terms are applicable for any trading of Digital Assets on the Platform. You agree and understand that the Company merely offers a technology platform allowing you to trade with third parties on third party platforms, and the Company does not act as a counterparty to any trade or control such trades.
  2. The Platform may permit you to:
    1. acquire Digital Assets on the Platforms, by deducting your existing Digital Assets from your Web3 Wallet; and
    2. sell Digital Assets held by you in your Web3 Wallet, in exchange for receiving other Digital Assets which will be credited only to your Web3 Wallet.
  3. You must have adequate balances of the Assets as may be required to execute your desired transaction, failing which the transaction may be rejected. Depending on operational mechanisms from time to time, your Assets may be locked in your Web3 Wallet until the order is matched / cancelled / expires. All Trades may be subject to third party order execution mechanisms which are not in our control.
  4. Your Assets may be spread across multiple blockchains. For example, you may start transacting with USDT just on the Polygon chain but after a few transactions, it is possible that your USDT balance is spread across Polygon and BSC chains. This is a very common phenomenon in the Web 3 ecosystem. However, it may not always be possible to directly exchange a Digital Asset from one chain for a Digital Asset on another chain.
  5. Rates of Digital Assets are subject to fluctuation, and the value of the Digital Asset being transferred may depend on the Digital Asset which is being received in exchange.
  6. Transfer of a Digital Assets cannot be cancelled, reversed or refunded once it has been broadcast to the relevant blockchain, although it may be in a pending state, and designated accordingly, while the transfer is processed by network operators. The Company is not responsible for losses/damages/costs induced by mistyped or otherwise wrongly placed orders. Please note for reasons beyond the control of the Company or of the User, transactions on the blockchain can fail, leading to a loss of the Digital Assets.
  7. Transactions initiated by you are final, irreversible, non-refundable and non-cancellable and you cannot seek or claim or demand refund or reversal for any reason whatsoever.
  8. Specific prices shown on the Online Platforms may change during the actual execution of a trade.

H. OKTO POINTS

  1. Okto points refers to the loyalty or rewards points that we may credit to your Web3 Platform User Account from time to time based on such triggers as we may from time to time announce (“Okto Points”). For example, we may enable you to receive Okto points based on certain activities undertaken by you or upon completing certain tasks.
  2. Okto points may have unique terms and conditions attached to them. For instance, some users may receive ‘Locked Points’ which may unlock only after they make a trade.
  3. Okto Points earned within the Platform are exclusive and cannot be transferred or used in the ‘Okto’ app or any other platform.
  4. We may provide updates about Okto Points from time to time on the Platform.
  5. We reserve the right to suspend the credit of Okto Points, including the Okto Points programme itself, in our sole discretion.