CoinDCX Exchange Terms of Use

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

I. INTRODUCTION

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

Whereas Neblio Technologies Private Limited (“CoinDCX”, “Company”, “we”, “us”, “our”), an Indian company having corporate identification number U74999MH2018PTC304533 registered with the Financial Intelligence Unit bearing No. VA00030982, offers various products and services to certain users through our website www.coindcx.com and the associated mobile and software applications available on the Google Play Store and the Apple App Store.

Whereas access to and use of the Services (as defined below) and the Platforms (as defined below) is governed by these ‘Exchange Terms of Use’, read with the other Terms (as defined below). The terms and conditions relevant to any third-party product or service availed by you in connection with the 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 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. If we make material changes to these Terms of Use, we will notify you through a notice on the Platform home page. The date the Terms of Use were last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Platform and these Terms of Use to check for any changes. Your continued usage of the 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, including Digital Assets, are unregulated and can be highly risky. There may be no regulatory recourse for any loss from such transactions.

By accepting the Terms and accessing the Platform and/or the Services, you are deemed to have understood, agreed to and accepted the risks, losses, and costs associated with the 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.

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 COINDCX 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.

COINDCX 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. COINDCX 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 COINDCX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, NOR ANY INFORMATION OBTAINED THROUGH THE SERVICES, WILL OR SHALL CONSTITUTE ADVICE OF ANY KIND INCLUDING INVESTMENT, CONSULTING OR FINANCIAL ADVICE. OUR EMPLOYEES AND REPRESENTATIVES ARE NOT AUTHORISED TO GIVE ANY SUCH ADVICE, AND IN THE EVENT ANY SUCH ADVICE IS GIVEN BY ANY OF THEM, THE SAME IS NOT AUTHORISED BY COINDCX AND SHALL STRICTLY BE CONSTRUED AS BEING IN THEIR PERSONAL CAPACITY. YOU SHALL NOT RELY ON SUCH ADVICE, AND WE DISCLAIM ANY LIABILITY IN THIS REGARD.

YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR, ALL TRADING DECISIONS 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 COINDCX, ITS AFFILIATES, OR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, PARTNER ENTITIES, EMPLOYEES, AGENTS, OR BUSINESS ASSOCIATES LIABLE FOR ANY SUCH LOSSES OR DAMAGES INCURRED AS A CONSEQUENCE OF RELYING UPON ANY INFORMATION, OPINIONS, ADVICE OR ANY OTHER MATERIAL WHATSOEVER ON THE PLATFORM OR IN ANY BROCHURES, PROMOTIONAL MATERIAL OR ANY OTHER LITERATURE OR CONTENT.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT COINDCX IS NOT A FINANCIAL INSTITUTION, BANK, PAYMENT SYSTEM OPERATOR, STOCK EXCHANGE, CREDIT UNION, TRUST, HEDGE FUND, BROKER, INTERMEDIARY, AGENT (EXCEPT AS SPECIFICALLY PROVIDED HEREIN), 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 OR 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 COINDCX, 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.

ALL TRADES ARE EXECUTED AUTOMATICALLY, BASED ON THE PARAMETERS OF YOUR ORDER INSTRUCTIONS AND IN ACCORDANCE WITH OUR EXECUTION PROCEDURES.

COINDCX MERELY OFFERS A TECHNOLOGY PLATFORM AND/OR ACTS A FACILITATOR PROVIDING ACCESS TO CERTAIN DIGITAL ASSET MARKETS, PRODUCTS, AND SERVICES. 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 COINDCX, INCLUDING, AMONG OTHER THINGS, AN AGREEMENT TO ARBITRATE.

II. DEFINITIONS

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

“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.
“Applicable Law(s)” means 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 User or CoinDCX.
“Assets” refers to both Digital Assets and Fiat Currency, as the case may be.
“Breach Event” means the occurrence, or likelihood of occurrence, of one or more of the following:

breach or contravention of or inconsistency with Applicable Laws;
breach or contravention of or inconsistency with the Terms;
any transaction or action is suspicious (in our sole discretion), may involve negligence, fraud or misconduct, or affects third-party rights;
your KYC information is incomplete, incorrect or false;
you do not provide any additional KYC or other documents as requested from time to time;
your transactions are suspicious or unauthorised;
deposit, withdrawal, or transfer of any Digital Assets that are deemed suspicious as per our internal assessments;
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
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.

“Circular” shall mean Circular No. 13 of 2022 dated 22 June 2022 issued under Section 194S(6) of the ITA.
“Collateral” shall have the meaning given to such term in paragraph H (Futures) of Part IV of these Terms of Use.
“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 CoinDCX or the Users, which is accessible on the Online Platforms.
“Digital Asset(s)” or “Virtual Digital Asset(s)” or “VDA(s)” means:

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

“Digital Asset Wallet” means a wallet accessible through the Online Platforms and controlled and operated by a User for storage and/or transfer of their Digital Assets, also known as ‘Coin Wallet’.
“Fiat Currency” shall mean ‘currency’ as defined under the Foreign Exchange Management Act, 1999.
“INR Balance” means the INR balance accessible through the Online Platforms and operated by a User in connection with transactions on the Platform.
“GST” means the goods and services tax, payable on the supply of goods and/or services under the Central Goods and Services Act, 2017 or under the allied goods and services tax legislation.
“ITA” refers to the (Indian) Income-tax Act, 1961.
“INR” or “₹” or “Rs.” refers to Indian Rupees.
“KYC” means ‘know your customer’ processes as required under Applicable Laws.
“Linked Bank Account” refers to any bank account represented by the User to be owned and operated by them and held with a Scheduled Commercial Bank (as defined in the Reserve Bank of India Act, 1934), as approved by us.
“Partner Entities” refers to persons/entities (including CoinDCX’s affiliates, group companies, licensees, authorised payment processor entities) that are authorised to provide services on or through the Platforms and are responsible for such services.
“Platforms” or “Online Platforms” refers to the website www.coindcx.com and the associated mobile and software applications offered through authorised channels (i.e., via Google Play Store or Apple App Store) and operated by CoinDCX (either directly, or licensed from and/or procured through Partner Entities) and includes all products and Services offered on or via the website/applications and also includes all Content.
“Sanctions Lists” has the same meaning ascribed under the Applicable Laws, and includes, without limitation sanctions lists, 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.
“Security Incident” has the meaning given to it under Clause 7.
“Services” means the services that CoinDCX offers to Users on or via the Platforms including:

a Digital Assets exchange for online trading of your Digital Assets by the use of Fiat Currency or other Digital Assets;
enabling top-ups and/or withdrawals of your Assets;
online storage and custody of your Digital Assets;
allied services, products or contests related to Digital Assets (if announced from time to time);
the provision of the Platforms itself (and any Content);
any other service or product that CoinDCX may (either directly, or licensed from and/or procured through 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.

“Specified Persons” means CoinDCX, our Partner Entities, and ours and their shareholders, directors, officers, employees, representatives, contractors, and suppliers.
“Terms” refers to these Terms of Use read together with our, Privacy Policy, Risk Disclosure, Programme Terms , and all other rules, policies, frequently-asked questions (FAQs), guidelines, instructions (and corresponding hyperlinks, if any) that may be posted or made visible by us on the Platforms from time to time.
“Terms of Use” means these ‘Exchange Terms of Use’ entered into between CoinDCX and you, which constitute an integral part of the Terms.
“Third-Party Services and Resources” has the meaning given to it in Clause 5.
“Unauthorised Activities” include any illegal activities or other activities not authorised by CoinDCX, including activities linked to illegal activities or to activities which are under investigation by any law enforcement authority anywhere in the world.
“User”, “you” and “your” refers to any natural or juristic person who 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.
“Wallet(s)” means, collectively, the Digital Asset Wallet and the INR Balance.

III. COMMON TERMS

A. Usage of platform and services

Proprietary Rights and Acceptable Use

CoinDCX 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).
In consideration of your compliance with the Terms and subject to the Terms, CoinDCX may permit you to use the Platform and Services on a best effort basis.
CoinDCX does not grant you any rights or license over the Platform except as agreed hereunder. Users have a personal, non-exclusive, non-sub-licensable, non-transferable, limited right to access the Platform only for your personal, non-commercial use and solely as necessary in order to avail our Services in accordance with the Terms. This right to use does not include any resale or commercial use of the Platform 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 licenses granted under these Terms. Any other use of the Platform will require a license to be negotiated and agreed in writing with CoinDCX.
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 CoinDCX or its affiliates, group companies, or Partner Entities.
You shall ensure that your use of the Platforms shall be in compliance with all Applicable Laws including but not limited to Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023 (as and when brought into effect), the ITA, and the Indian Contract Act, 1872 and the rules, regulations, and guidelines made thereunder.
You may choose to, or we may invite you to, submit comments or ideas or feedback about the 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.

User Protection – Recommended Practices

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

Professional Advice: We strongly recommend that our users consult with professional advisors, tax consultants, and legal experts, as appropriate, before making any transactions or associated decisions. A professional advisor can provide personalized advice that considers your situation, goals, and risk tolerance. This is especially important in the complex and rapidly changing world of Digital Assets. CoinDCX shall not be liable to you for any losses incurred by you in pursuance to decisions made on the consultation/advice of such professional advisors.
Stay Informed: You shall regularly update yourselves on market trends, technological developments, and regulatory changes, and shall conduct your own due diligence on the Digital Asset and the Services before acquiring or dealing in any Digital Asset or availing any Services.
Diversification: You should consider diversifying investments to help spread risk across various assets.
Understand Leverage: Users should be cautious when using leverage, as it can amplify both gains and losses.
Use Secure Networks: You shall ensure that you are using the Platform on secure and private networks to prevent unauthorized access to your accounts. CoinDCX shall not be liable for any consequences arising out of any such unauthorized access.
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.
Vigilance Against Fraud: You should be alert of phishing attempts and other forms of fraud, and shall report any suspicious activities to us immediately.
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 from or at the behest of unknown persons.
Personal Data Protection: You should safeguard your personal and financial data and be very cautious about sharing sensitive information.
Personal Risk Assessment: You should regularly assess your risk tolerance and investment strategy, and adjust your usage and trading activities accordingly.
Double Check Inputs: CoinDCX is not responsible for losses/damages/costs induced by mistyped or otherwise wrongly placed orders, and you should double check all inputs.

Conditions for Services

You acknowledge and agree to comply with the following provisions:

CoinDCX 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.
You acknowledge that you avail Services and carry out transactions on the Platforms in accordance with your own choice and risk; and CoinDCX does not mandate you to avail any Service.
We reserve the right to, in our sole discretion and without any notice to you or liability to ourselves, impose trading and position limits, asset-wise surveillance, position management controls, squaring-off of or closing positions / trades, 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 submitting an order, availing certain Services, trading in certain assets, or undertaking other steps at certain times if such actions would cause you to exceed an applicable limit, or create any other risks, and that we may apply filters to reject an instruction submitted by you that does not comply with any relevant limits or controls.
We have the exclusive authority to determine which Digital Assets and Fiat Currencies are listed/supported on the Platforms and we reserve the right to add or remove Digital Assets or Fiat Currency support from the Platforms in our discretion, from time to time. There may be price differences for the same Digital Assets or contracts across the platforms. If we choose to withdraw support for or delist a particular Digital Asset, we reserve the right to, and you hereby authorise us to, sell any balances of such Digital Asset held by our Users on their behalf and instead provide the Users with an equivalent value of USDT (computed as of the time of liquidation or through such other methods as we may announce).
In case any order is partially executed, we reserve the right, in our sole discretion, to permit cancellation of the unexecuted part of that order. You acknowledge that all orders and/or transactions are irreversible once executed, and many orders are instantaneous in nature and cannot possibly be cancelled. You authorise and acknowledge that we have the right (but not the obligation) to take any steps on your behalf as may be required to complete or settle any transactions executed with us or by us on your behalf.
All activities, instructions, orders, 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.
The routing of orders and transactions through systems and exchange(s) can take a few seconds or in certain circumstances, longer durations, and we are not liable for any delays or any losses arising from such delays. In case of market orders, the price of the transaction will be the price at which it is executed on our systems, which may be different from the price prevalent at the time the order was placed. Orders may remain subject to availability of counterparties. We are not liable for any asset value losses or fluctuations.
You shall not presume an order to have been executed, cancelled or modified until a confirmation from us is received. Occasionally, due to technical or administrative reasons, the confirmation may not be received by you immediately. If, for any reason (including but not limited to lack of Assets, insufficient margin, suspension of trading, etc), an order or transaction is not accepted or processed on the Platform, we shall have the right to treat such order as having lapsed.
In the event that any Assets are due from you, you authorise us to withhold the credit of any Assets to your wallets pursuant to any transaction / Service until you have duly provided us with the amounts due.
Notwithstanding anything to the contrary, we are not required to make any payment or take any action under these Terms if we believe, in good faith, that such payment or 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.
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.
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. Our Programme Terms will be applicable to any airdrops offered by us.
You agree that in case of redenomination of the Digital Assets, the list of Digital Assets as reflected in your Wallet may be modified or delisted to reflect such redenomination. We are not responsible for any consequences of such redenomination as we are not in control thereof, 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.

Information on the Platforms

You acknowledge and agree to comply with the following provisions:

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 professional advice from persons who are skilled subject matter experts and competent to render advice to you on the service offerings made available by us to you.
You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance, and any guidance you may have received from external sources.
There may be 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.
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.
You shall use any real-time price data shared on any of our Platforms only for the purpose of using the Platforms.
We reserve the right to generally share any data relating to Digital Assets including market data such as real-time price data for educational, awareness, and other purposes.
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.
We reserve the right to review, delete or modify any Content on the Platforms in our sole discretion.
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 CoinDCX without further permission from you. In consideration of your use of the Platform, you acknowledge that you hereby grant CoinDCX a license to use such Content and will not be entitled to any royalty or other financial/monetary benefits in connection with such use of the Content, if any.
You must keep confidential any information provided by us to you that has not been publicly published by us including, without limitation, customer support conversations, written intimations, emails etc., as well as any proprietary or personal information that may come to your knowledge in connection with our Platform, including information about other users, our personnel, or proprietary financial and technical information.
We will have no liability related to any third-party Content arising under intellectual property rights, defamation, privacy, misinformation, publicity, obscenity or other laws. We also disclaim all liability with respect to the misuse, loss, modification or unavailability of any Content. This provision also extends to Content created or posted by employees of CoinDCX – any Content uploaded by them outside the course of their employment is an expression of their personal views, and do not bind or represent the view of the Company.
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.

Third-Party Services and Resources

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

Prohibited usage

You shall not utilise the Platforms for any purpose other than for availing the Services made available by us from time to time.
Your use of our Online Platforms and Services shall only be for purposes permitted under the Terms and Applicable Law.
Without prejudice to the generality of the above restrictions, you agree not to (and not to aid, abet, encourage, permit, or enable any other person or entity to), directly or indirectly:
1. violate (or assist any other party in violating) the 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) CoinDCX or any other person;
4. use Assets from unknown sources or associated with any bank account or 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 Activity;
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 CoinDCX 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, trading on any inside or non-public information acquired through sources or acts not permitted by law, wash trading, market manipulation, spoofing or layering etc.;
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, or the price of the Digital Assets shown on the Platform 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 Services; 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, any 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 CoinDCX or any of its representatives or employees or any user;
24. violate the intellectual property rights of CoinDCX or of any other person;
25. disparage, tarnish, or in our opinion, otherwise damage the reputation of CoinDCX 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 rights and privacy rights, 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 CoinDCX 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.

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.

Suspension of Services

In the event we believe that: (a) a Breach Event or Security Incident has occurred or is likely to occur; or (b) if certain steps are necessary to maintain an orderly market or protect interest of other users; or (c) we are required to do so under Applicable Law; or (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 virtual asset ecosystem, including without limitation:
1. without prejudice to the generality of any other clause in the Terms of Use, suspending, restricting, or terminating your Account and/or your access to any or all of the Platforms/ Services/ Assets, in full or in part;
2. blocking, freezing or forfeiting any or all of your Assets (including withdrawals and bank transfers of Fiat Currency);
3. blocking, reversing, cancelling, delaying, or refusing to execute/effect any transaction or withdrawal or order or trade;
4. requiring you to do or cease to do something or taking any other remedial actions to cease/rectify/compensate for the breach;
5. investigating and/or initiating suitable actions and/or proceedings against you, including reporting you to appropriate regulatory, self-regulatory or law enforcement agencies;
6. disclosing any information as required or requested by any authority or under Applicable Law;
7. 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
8. 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.
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 order/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.
We have the right but not the obligation for taking any such steps set out in this Clause 8 for the protection of the Users, Assets and Services on the Platform. We will not exercise such right unreasonably and without caution.
Please refer to Risk Disclosure to understand various other risks that could lead to suspension of services, loss of Assets, etc.

B. User registration

Your Account

You may register for a User Account to use the Services. In order to access any Services, we may require you to activate your User Account by following the identity verification process, KYC process, and other requirements as specified as per CoinDCX policy and Applicable Law from time to time. Certain Services, transactions, and features may be subject to additional KYC and due diligence.
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.
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.
You will 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 will 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.
After the creation of the User Account, at the stage of initiating or carrying out transactions involving Assets on the Platforms and at any subsequent stage in case of any changes in the bank account, we will require you to provide us with certain details of your bank account for being considered as your Linked Bank Account. Upon internal approval by us, such bank account will be treated as your Linked Bank Account for the purposes of the Services. You confirm that any payments of Fiat Currency to us shall be from your Linked Bank Account only. You have the option to change your Linked Bank Account.
We reserve the right to limit your usage of the Platform or seek additional KYC or other information as we may deem fit from time to time.
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.
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 (such as erroneous bank details) and will edit or update such information on the Platform by using the relevant Platform features.
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.
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 may be required to deliver any such Assets to the authorities in certain jurisdictions as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges from such unclaimed Assets, as permitted by Applicable Law. Further, if your User Account is inactive for more than 5 years, or if your KYC details remain incomplete or unsatisfactory (in our discretion) for a period of more than 5 years, you shall no longer have any title over or claim to any Assets and we reserve the right to transfer all your Assets to an investor protection fund maintained by us or by a third-party of our choice.
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 with the policies of CoinDCX or of any third-party or with Applicable Laws.
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.
You confirm that you are not, or not related to any person or institution, 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 or Linked Bank 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 or Linked Bank 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, warrant, or other legal order.
Once a User Account is closed/withdrawn/cancelled/deactivated, you shall be liable to pay any outstanding charges or dues or liabilities to us immediately. We reserve the right to deduct such outstanding amounts 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 payment 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 maintain full custody of the Assets and 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 refund any amount to source, the same shall be only where the minimum amount is in excess of the threshold set as per our internal policy.
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.
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.
Transmission of Assets upon demise of User:
1. We encourage you to designate (and complete the KYC for) a nominee(s) for your User Account via the Platform. You may be required to provide certain details specified by us in relation to such nominee(s). Upon successful completion of the KYC, we may activate the transmission facility for your User Account. In the unfortunate event of your demise, if the transmission facility is active for your User Account, your nominee may create a User Account and submit a support request for transmission of your Assets by sharing appropriate documentation (including but not limited to legal documentation confirming your demise, fresh KYC of the nominee, and a suitable indemnity / undertaking in a format that we may prescribe). Upon validating the request and the documentation in our sole discretion and as per our internal policies, we may transfer your Assets to the Wallet created by your nominee.
2. If you have not successfully activated the transmission facility for your User Account, then in the event of your demise, your legal beneficiary may create a User Account and raise a transmission request with us and shall be required to share appropriate documentation as required by our internal policies from time to time (which may include, without limitation, proof of demise, affidavits, indemnity, KYC, notarised family tree, bank-attested signatures of the beneficiary, etc.). Upon validating the request and the documentation in our sole discretion and as per our internal policies, we may transfer your Assets to the Wallet created by your beneficiaries. You hereby authorise us to convert Assets into other denominations, if so required, before transmission.
3. You agree that as per our internal protocols, we may convert Assets into other denominations before transmission.
4. You authorise us to conduct such enquiries, processes and request such documents as we may deem appropriate in order to facilitate such transmission. However, we may rely on any legal document or other appropriate information as evidence of death or identity of the claimant, and are not liable in case of any fraudulent or negligent intimations or documentation given to us by third parties in this regard.
5. If we are not contacted by a nominee / beneficiary or if we are unable to validate their request, we reserve the right to treat your account as inactive and deal with the Assets as per Clause 9.10.
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, we shall be entitled to close out the transactions on your behalf. 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.

User Representations and Undertakings

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 of India;
2. you are an Indian citizen and/or an authorised person of an entity registered in India under Applicable Laws;
3. You are an Indian resident under the ITA (as amended) and the Foreign Exchange Management Act, 1999;
4. you are not a minor and you are capable of entering into these Terms and having this Terms being enforced against you;
5. you are not included in any Sanctions Lists or subject to any adverse media;
6. your User Account has not been suspended or terminated by us in the past for any reason whatsoever;
7. your use of Services does not violate the Terms;
8. your use of Services does not violate any Applicable Laws including foreign exchange laws including but not limited to the (Indian) Foreign Exchange Management Act, 1999 and tax laws including but not limited to the ITA;
9. you are not a citizen or resident of a country where VDA activities are prohibited;
10. 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;
11. your registration as a User and all your activities on the Platforms are being undertaken 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;
12. the Linked Bank Account and the User Account is owned and operated exclusively by you and no other person has any rights to own or operate it;
13. all Digital Assets owned by you or delivered to us by you are free and clear of all prior liens, claims and encumbrances, and you have full and valid title over the same;
14. all information provided by you (including identification documents) is true, complete, accurate and not misleading;
15. 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
16. you have full knowledge and disclosure of the current regulatory status with respect to Digital Assets in India (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.
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 submit or execute any document to CoinDCX as required under Applicable Law at any time, or as CoinDCX may require you to submit in good faith, such as documents for KYC purposes, background checks, risk mitigation checks, indemnity documents, taxation documents, past transaction reports, etc.
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 all Content in 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.

Fees and Taxes

For availing the Products and Services, you shall pay such fees as may be indicated on the Platforms or otherwise communicated to you from time to time.
The indicative fee schedule available on our website sets out the charges to which any trading on the Platforms and top-up/withdrawal of Assets are subject to, from time to time.
Orders and payments may be subject to the terms and conditions of services of the remitter banks or payment service providers. You shall address any issues relating to Assets transfer with your respective remitter banks or payment service providers only.
As owners of the Assets, 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.
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. Further, in case where you withhold taxes pursuant to Applicable Law, you shall furnish to us a statement detailing such withholding and deposit of withheld taxes.
It is notified to the users that CoinDCX acts as an exchange / broker for all the trades with respect to spot market transactions and shall deduct and pay applicable taxes under Section 194S of the ITA within the prescribed due dates in terms of the Circular. It is further clarified that with respect to all other transactions undertaken by the User with CoinDCX (apart from the trading of Futures described in paragraph H (Futures) of Part IV of these Terms of Use) either on its platform or otherwise (for example earn product, staking product, over the counter product, referral fees, User VDA fees, withdrawal charges, etc), CoinDCX does not act as a broker or an exchange and all such transactions are undertaken by the User with CoinDCX or any third party service provider on a principal to principal basis (like peer to peer transactions) and CoinDCX shall not have any liability to deduct and deposit taxes under the Circular read with Section 194S of the ITA on such transactions on behalf of the users as the Circular is not applicable in such cases, in accordance with Applicable Law.
All fees, commissions, interests, and other charges of CoinDCX are exclusive of any applicable GST which shall be borne by you and separately charged. In case any further GST is made applicable on the Services or the transactions on the Platforms in the future, we reserve the right to separately charge such GST which shall be borne by you.
You agree and understand that to procure/ sell/ dispose Digital Assets for you, CoinDCX may be required to place similar orders on your behalf with other exchanges/ entities.

C. Disclaimers and clarifications

You agree that you have read our Risk Disclosure; understand the same; and will use the Services & Platform judiciously. You further agree that you will not take any additional 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. CoinDCX 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

Limitation of Liability

We will not be liable in any way for any loss or damage suffered by you through use of or access to the 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.
Subject to Clause 12.1, the aggregate liability of CoinDCX (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 fees paid by the concerned User in three months preceding the date of claim by the User.
CoinDCX 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.
Notwithstanding the fact that some services may be offered by Partner Entities, any claims by you under the Terms shall lie only against CoinDCX.
We do not warrant that your use of the Platforms will always be available or that you will have uninterrupted access thereto, and we 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 if for any reason the Platforms are unavailable at any time or for any period.
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).

Indemnity and Remedies

You agree that any violation of these Terms will cause irreparable harm to us and/ or Partner Entities, as the case may be, for which monetary damages may be inadequate. Hence, you consent to CoinDCX obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that we may have at law, contract, or in equity. If we take any legal action against you as a result of your violation of these Terms, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.
Without prejudice to the above, to the maximum extent permitted by Applicable Law, you shall hereby agree to indemnify and hold harmless the Specified Persons from and against and in respect of any liabilities, losses, charges, 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, (e) any fraud, wilful negligence, or wilful misconduct.

E. Miscellaneous

Release and Waiver

You release and waive all claims against CoinDCX, 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.
If we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
Nothing contained in the Terms constitutes a waiver to our equitable rights and remedies and any other rights and remedies provided under Applicable Law.

Set off

In the event that there are outstanding amounts owed to us, by you, hereunder or under Applicable Law (including any liabilities or damages), we reserve the right to debit the same from your Assets and/or to withhold amounts from Assets you may transfer.

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.

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 CoinDCX. Force Majure Event includes any events suffered by us or Partner entities that are beyond reasonable control, including acts of God, labour disputes or other industrial disturbances, electrical, telecommunications, hardware, software or other utility failures, cyber-security incidents, network delays, software failure, smart contract failure, system bugs/ weaknesses, earthquakes, storms or other nature-related events, blockages, embargoes, riots, acts or orders of government, actions of the government, change of laws, introduction of new law, acts of terrorism or war, epidemic, pandemic, technological change, changes to any blockchain-related protocol or network, any actions or inactions of third parties and/or events experienced by third parties (e.g., bankruptcy of service providers information security attacks, bugs or system issues, and fraud conducted by third parties), crystallisation of risks and disclaimers highlighted in the Terms, and such other similar events.

Governing law and dispute resolution

The Terms are governed by the laws of India.
In case of any claims, controversies or disputes relating to the Terms (including any question regarding their existence, validity, termination, or any services or products provided, and any representations made by us) or any other claims involving you and CoinDCX (“Claim(s)”), the User and CoinDCX 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 the Clause 18.3 below.
You and CoinDCX agree to resolve any Claims through final and binding arbitration. The arbitration tribunal shall consist of a sole arbitrator, appointed by both the Parties. In the event the Parties are unable to appoint a mutually acceptable arbitrator, then the tribunal shall consist of three arbitrators wherein each Party shall appoint one arbitrator and both the appointed arbitrators shall mutually appoint the third arbitrator. The language of the arbitration hearings shall be English, and the seat and venue of arbitration shall be Mumbai. The arbitration procedure shall be in accordance with the ‘Arbitration Rules of the Mumbai Centre for International Arbitration’, which rules are deemed to be incorporated by reference in this clause. The law governing the arbitration shall be the laws of India. The Parties shall bear the costs of the arbitrators and the venue equally.
Subject to Clause 18.2 & 18.3, courts at Mumbai (or such higher courts where an appeal may statutorily reside), shall have exclusive jurisdiction over the Claims.
You shall keep all aspects of the dispute or arbitration proceedings, including but not limited to the award of the arbitrator and compliance therewith, strictly confidential unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law, any information necessary to enforce the Terms, to enforce an arbitration award, or to seek injunctive or equitable relief.
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.

Electronic Communications

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

Amendments, severability.

We may revise the 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.
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.

Survivability

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

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 and 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

General

Upon activation of your User Account, a INR Balance and a Digital Asset Wallet is created for effecting transactions, and you are required to maintain a minimum balance of Assets in your Wallets before you initiate an order and/or transaction.
You are solely responsible for effecting any transactions involving the Wallet and it shall be your responsibility to disclose the proper source and destination of Assets.
You agree that your Assets may be kept in custody along with the Assets of other Users’, and such pooling does not change the position that each User owns the Assets in their respective Wallets.
Any delay in transfer of Assets for any reason whatsoever should not be treated as a loss / profit for the User, given that transfers through banking or blockchain network channels as well as reflection of Assets in Wallets are subject to various banking and network issues.

Terms of INR Balance

The INR Balance has been provided to you to store your Fiat Currency. Assets in the INR Balance can only be used on the Platform. If you sell Digital Assets to receive Fiat Currency proceeds from the sale, the same may be credited into the INR Balance after deducting the applicable taxes, fees and charges.
With respect to your INR Balance, we are acting as your duly appointed agent to whom the payment is due, and you hereby appoint us to act in such capacity.
The INR stored in the INR Balance is a non-interest bearing amount held in trust on your behalf and/or an advance received in the ordinary course of business for the purpose of carrying out transactions on the Platform, as applicable.
In case you wish to acquire Digital Assets using Fiat Currency you will be required to transfer Fiat Currency from your Linked Bank Account to your INR Balance first. Your INR Balance may take time to reflect such transferred Fiat Currency, subject to any delays in the relevant banking channels. You agree that if Fiat Currency is transferred through any account except Linked Bank Account, the Fiat Currency topped-up by you could be lost and you shall not hold CoinDCX responsible for any consequences arising from such attempted transfers.
You may withdraw the Assets held in your INR Balance, by making a formal request through the Platforms to transfer such Assets into the Linked Bank Account. This may take time and is subject to any delays in the relevant banking channels.

Terms of Digital Asset Wallet

A Digital Asset Wallet has been provided to you wherein your Digital Assets may be stored. You agree and understand that Digital Asset Wallet Services are provided by third party custody service providers, with their own applicable terms, policies, cyber security and data protection norms which may apply to you and you must familiarize yourself with them. You shall not hold CoinDCX liable, for any loss caused to you, due to a fault/ malfunction in the services of such third-party custody service providers.
Digital Assets held in this Digital Assets Wallet may be used to acquire another Digital Asset, and any acquired proceeds obtained in the form of Digital Assets will be credited only into this Digital Assets Wallet.
We may, based on our sole assessment and subject to such diligence as we may require, permit you to withdraw Digital Assets held in the Digital Assets Wallet, provided such Digital Assets can only be transferred to another Digital Asset wallet (“External Wallet”) owned and operated by you. In the event you need to make aforesaid transfer to any third party External Wallet, you shall seek our prior written consent.
You shall provide additional documentation (including proof of ownership) as we may request for any transfer of Digital Asset made by you to your Digital Assets Wallet. By making a request for any such transfer, you give your consent and authorize the Company to obtain your credit information, as your authorised agent (if so required by the Company in accordance with its internal policies and in accordance with Applicable Law) on your behalf from credit bureaus for the purpose of confirming such transfer. You also acknowledge that the Company shall not be liable in relation to such duly authorised obtaining of credit information on your behalf.
You shall be responsible for any consequences arising out of your transactions with External Wallets and shall ensure that all such transactions are compliant with these Terms and Applicable Law.
You are not permitted to transfer, store or receive any Digital Assets not supported by our Platforms. CoinDCX shall not be liable for any losses suffered by you in connection with such attempts to so transfer Digital Assets.
You remain the owner of the Digital Assets held by you in the Digital Asset Wallet at all times, whether the Digital Assets are deposited by you in the Digital Asset Wallet, purchased by you through the Online Platforms, or otherwise. Further, Digital Assets held by you in the Digital Asset Wallet are not recorded in our books of accounts as assets under our ownership. Without prejudice to the foregoing, to enable your use of the Online Platforms, we may act as a custodian of your Digital Assets held by us for you, and we may act on your instructions to execute trades and transfers of such Digital Assets on your behalf.
You are not permitted to use Digital Assets as Fiat Currency.

G. BUYING AND SELLING OF DIGITAL ASSETS / INSTANT BUY / SPOT

These terms are applicable for buying and selling of Digital Assets across the Online Platforms including through various interfaces on the apps, CoinDCX Insta, Spot, Systematic Investment Plans (SIP), etc., (“Buy/Sell Digital Assets”).
Across several interfaces, the Platforms may permit you to:
1. buy/ acquire Digital Assets on the Online Platforms, by deducting your INR Balance, or by exchanging your existing Digital Assets from your Digital Asset Wallet; and
2. sell Digital Assets held by you in your Digital Asset Wallets, in exchange for receiving INR in your INR Balance or in exchange for receiving other Digital Assets which will be credited only to your Digital Asset Wallet.
In order to provide you with the best buying or selling options for Digital Assets, CoinDCX may place corresponding orders on third-party exchanges and you hereby authorise and instruct CoinDCX to do so in order to fulfil your order with the best available options.
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 our operational mechanics from time to time, your Assets may be locked in your Wallet until the order is matched / cancelled / expires. All Buy/Sell Digital Assets orders placed through the Online Platforms will be subject to such order execution mechanisms as may be implemented from time to time.
By submitting an order through the Online Platforms, you will have authorised us (and our Partner Entities) to execute the transaction as per your instructions and to charge or deduct the applicable fees for our Services from your Wallets.
Notwithstanding the foregoing, in the event we determine, at our sole discretion, that as a result of a technical issue an executed order did not reflect the fair market value for the applicable trade, we may cancel or correct such order.
Orders initiated by you are final, irreversible, non-refundable and non-cancellable to the extent such orders are executed whether fully or partially. Once a transaction is initiated by you, the said transaction is absolute and unconditional. You cannot seek or claim or demand refund or reversal for any reason whatsoever nor can it be cancelled, modified or reversed by us/ anyone else upon your/ third-party request. We reserve the right to cancel/negate any orders if such orders are placed during scheduled or unscheduled downtime or violates any terms. We reserve the right at our sole discretion whether or not to accept any order or instruction and we are not responsible for any losses incurred as a result of our decision to cancel or refuse an order placed by you. There may be delays in matching and settling orders based on market activity.

H. OPTIONS

These terms are applicable for the ‘Options’ product (“Options”).
Users may opt to trade in Options if eligible.
You may be provided access to a wallet to enable you to trade Options on the Online Platforms (“Options Wallet”). You are permitted to add Assets to your Options Wallet only by way of transferring certain identified Assets only from permissible Wallets to your Options Wallet. Likewise, you are permitted to withdraw such Assets from your Options Wallet only to your permitted Wallets on the Platform.
Options contracts are subject to the margins set by CoinDCX. To start trading, you may select the contract you are interested in, specify the number of contracts that you wish to buy or sell, choose the order type (e.g., limit or market), and place the order. Limit Orders enable you to enter a position at a price determined by you, with no actual guarantee of execution (“Limit Orders”). Market Orders execute immediately upon placement, although the execution price may differ from the price at the time of order placement (“Market Orders”).
You are required to maintain a minimum balance of Assets in your Options Wallet before initiating any transaction. In the event of insufficient funds or margins in your Options Wallet, the order shall be automatically rejected, and no position shall be created. It is your sole responsibility to ensure that adequate funds are maintained in your Options Wallet at all times to support your trading activity.
All orders placed through the Online Platforms will be subject to such order execution mechanisms as we, in our discretion, may choose and deploy. You understand that we act as a broker on your behalf in connection with Options and place corresponding orders with third-party exchanges, which will be fulfilled on such third-party exchanges, and you hereby authorise and instruct us to do so.
By submitting an order through the Online Platforms, you will have authorised us to execute the transaction as per your instructions and to charge or deduct the fee for our Services from your wallets/holdings. Notwithstanding the foregoing, in the event we determine, at our sole discretion, that as a result of a technical issue an executed order did not reflect the fair market value for the applicable Digital Asset or Options contract, we may cancel or correct such order.
Orders initiated by you are final, irreversible, non-refundable and non cancellable to the extent such orders are executed whether fully or partially. Depending on our operational mechanics from time to time, we may permit Limit Orders to be cancelled until the point of execution. As a general rule, once a transaction is initiated by you, the said transaction is absolute and unconditional. You cannot seek or claim or demand refund or reversal for any reason whatsoever nor can it be cancelled, modified or reversed by us/ anyone else upon your/ third-party request. We reserve the right to cancel/negate any orders if such orders are placed during scheduled or unscheduled downtime or violate any terms. We reserve the right at our sole discretion whether or not to accept any order or instruction and we are not responsible for any losses incurred as a result of our decision to cancel or refuse an order placed by you.
You are responsible for monitoring your Options Wallet and Assets. Any failure to satisfy a margin call or to maintain sufficient margins may lead to your positions being subject to liquidation. Upon liquidation, you shall be subjected to a liquidation fee, which may not remain restricted to the margin amount locked at the time of placing the order. Any additional obligations arising out of such liquidation may be directly debited from your Options Wallet. The risk of loss may thereafter extend to the Assets maintained in your Options Wallet. CoinDCX shall have no liability to you or any third party in connection with any failure by you in this regard. You further agree that we are under no obligation to liquidate your Assets or send margin calls, and you shall not hold us liable for any delays in this regard.
1. By using the Options product, you are creating, in favour of CoinDCX, a continuing first priority security interest in, lien on and right of set off against all of your right, title and interest, present of future, over your balances, contracts, proceeds, accounts, Assets, Options Wallet, INR Balance and Digital Assets Wallet (“Collateral”) to secure payments to be made by you, and to discharge all of your obligations to CoinDCX. You represent, warrant and undertake that the Collateral is and shall be free and clear of all prior liens, claims and encumbrances except in favour of CoinDCX. You shall execute any documents and take such actions as may be requested by CoinDCX in connection with the perfection, preservation and enforcement of CoinDCX’s security interest over the Collateral. CoinDCX shall be entitled to invoke security interest and appropriate the Collateral if and to the extent any amounts are due from you.
1. Options involve unlimited risk. Losses may exceed the margin blocked for a position, and your entire Options Wallet balance may be at risk. We may debit any resulting obligations directly from your Options Wallet, and in case of a negative balance, recover any outstanding amounts beyond the wallet.
2. CoinDCX reserves the right to list or delist any Options contracts, and all contracts shall be subject to their respective expiry terms on a daily basis.
3. There is no guarantee of liquidity or of maintaining specific bid/ask spreads for any Options contracts. Market conditions may result in limited availability of counterparties, which could lead to delays in execution, partial fills, or outright rejection of your orders. You acknowledge that in such circumstances, you may be unable to enter or exit positions at your desired price or time, and CoinDCX shall not be responsible for any losses, missed opportunities, or other consequences arising from limited or no liquidity.
4. We may require you to top-up some Assets as margin with us for availing the Options Services. We may set off or sell the margin against any dues owed by you to us or to any other person pursuant to your use of the Services. We may determine the value of such margin in our sole discretion and have the right to utilize such Assets as appropriate (and have exclusive right over any interest paid on such Assets), subject to Applicable Laws. You shall ensure that at all times, the value of the margin is above any thresholds prescribed by us and in case of any shortfall, you shall replenish the same. If due to market volatility, the collective margin of Users is less than required, we may suspend trading without any notice, and we are not liable for any losses caused due to such suspension.
5. You shall indemnify us against all losses arising from failures or delays in any fund transfers while using the Options service, including in case of bank delays or any technical issue at our end that may lead to the delay of the fulfilment of an order and the resultant change in the value at which the order is placed.

I. FUTURES

These terms are applicable for the ‘Futures’ product (“Futures”).
Users may opt to trade in Futures if eligible.
You may be provided access to a wallet to enable you to trade Futures on the Online Platforms (“Futures Wallet”). You are permitted to add Assets to your Futures Wallet only by way of transferring certain identified Assets only from permissible Wallets to your Futures Wallet. Likewise, you are permitted to withdraw such Assets from your Futures Wallet only to your permitted Wallets on the Platform.
Futures contracts are subject to margins set by CoinDCX. To start trading, you may select the contract you are interested in, specify the number of contracts that you are looking to buy/sell, decide on the order type (e.g. limit or market) and place the order. Limit orders enable you to enter a position at a price determined by you, with no actual guarantee of execution (“Limit Orders”). Market orders execute upon your order immediately, but the price may be different by the time your order is executed (“Market Orders”). You are required to maintain a minimum balance of Assets in your Futures Wallet before you initiate any transaction, else your transaction may be rejected. All orders placed through the Online Platforms will be subject to such order execution mechanisms as we, in our discretion, may choose and deploy. You understand that we act as a broker on your behalf in connection with Futures and place corresponding orders with third party exchanges which will be fulfilled on such third party exchanges and you hereby authorise and instruct us to do so.
By submitting an order through the Online Platforms, you will have authorised us to execute the transaction as per your instructions and to charge or deduct the fee for our Services from your wallets/holdings. Additionally, in case of trading of perpetual contracts, periodic payments known as ‘funding fees’ will take place, which are either paid to you or owed by you based on the difference between the spot price and the contract price. The transfer of the funding fee brings the price of the perpetual contract back to the spot.
Notwithstanding the foregoing, in the event we determine, at our sole discretion, that as a result of a technical issue an executed order did not reflect the fair market value for the applicable Digital Asset or Futures contract, we may cancel or correct such order.
Orders initiated by you are final, irreversible, non-refundable and non-cancellable to the extent such orders are executed whether fully or partially. Depending on our operational mechanics from time to time, we may permit Limit Orders to be cancelled or amended until the point of execution. As a general rule, once a transaction is initiated by you, the said transaction is absolute and unconditional. You cannot seek or claim or demand refund or reversal for any reason whatsoever nor can it be cancelled, modified or reversed by us/ anyone else upon your/ third-party request. We reserve the right to cancel/negate any orders if such orders are placed during scheduled or unscheduled downtime or violate any terms. We reserve the right at our sole discretion whether or not to accept any order or instruction and we are not responsible for any losses incurred as a result of our decision to cancel or refuse an order placed by you.
We shall be entitled, but shall have no obligation, to make margin calls to you in respect of your transactions. You are responsible for monitoring your Futures Wallet and Assets. Any failure to satisfy a margin call or to maintain sufficient margins may lead to your positions being subject to liquidation. Upon liquidation, you shall also be subjected to a liquidation fee and you may risk losing your margin component. CoinDCX shall have no liability to you or any third party in connection with any failure by you in this connection. You agree that we are under no obligation to liquidate your Assets or send margin calls, and you shall not hold us liable for any delays in this regard.
By using the Futures product, you are creating, in favour of CoinDCX, a continuing first priority security interest in, lien on and right of set off against all of your right, title and interest, present of future, over your balances, contracts, proceeds, accounts, Assets, Futures Wallet, INR Balance and Digital Assets Wallet (“Collateral”) to secure payments to be made by you, and to discharge all of your obligations to CoinDCX. You represent, warrant and undertake that the Collateral is and shall be free and clear of all prior liens, claims and encumbrances except in favour of CoinDCX. You shall execute any documents and take such actions as may be requested by CoinDCX in connection with the perfection, preservation and enforcement of CoinDCX’s security interest over the Collateral. CoinDCX shall be entitled to invoke security interest and appropriate the Collateral if and to the extent any amounts are due from you.
We may require you to top-up some Assets as margin with us for availing the Futures Services. We may set off or sell the margin against any dues owed by you to us or to any other person pursuant to your use of the Services. We may determine the value of such margin in our sole discretion, and have the right to utilize such Assets as appropriate (and have exclusive right over any interest paid on such Assets), subject to Applicable Laws. You shall ensure that at all times, the value of the margin is above any thresholds prescribed by us and in case of any shortfall, you shall replenish the same. If due to market volatility, the collective margin of Users is less than required, we may suspend trading without any notice, and we are not liable for any losses caused due to such suspension.
You shall indemnify us against all losses arising from failures or delays in any fund transfers while using the Futures service, including in case of bank delays or any technical issue at our end that may lead to the delay of the fulfilment of an order and the resultant change in the value at which the order is placed.

J. MARGIN

These terms are applicable for the ‘Margin’ / ‘DCXMargin’ product (“Margin”) wherein CoinDCX acts as a broker.
Users may opt to avail Margin trading Services.
You may open a long or short margin position on the trading page of the Online Platforms. You may place various orders in accordance with the Margin Trading Rules.
You may be required to maintain a minimum balance of Assets in your wallet – or place appropriate margins with us – before you initiate any transaction, else your transaction may be rejected. All orders placed through the Online Platforms will be subject to such order execution mechanisms as we, in our discretion, may choose and deploy. We may revise the required margins from time to time.
By submitting an order through the Online Platforms, you will have authorised us to execute the transaction as per your instructions and to charge or deduct the fee for our Services from your Wallets. In order to provide you with the best transaction options, CoinDCX may place corresponding orders on third-party exchanges and you hereby authorise and instruct CoinDCX to do so in order to fulfil your order with the best available options.
Notwithstanding the foregoing, in the event we determine, fairly or reasonably, that as a result of a technical issue an executed order did not reflect the fair market value for the applicable Digital Asset or Margin trade, we may cancel or correct such order.
Orders initiated by you are final, irreversible, non-refundable and non-cancellable to the extent such orders are executed whether fully or partially. Depending on our operational mechanics from time to time, we may permit Limit Orders to be cancelled or amended until the point of execution. As a general rule, once a transaction is initiated by you, the said transaction is absolute and unconditional. You cannot seek or claim or demand refund or reversal for any reason whatsoever nor can it be cancelled, modified or reversed by us/ anyone else upon your/ third-party request. We reserve the right to cancel/negate any orders if such orders are placed during scheduled or unscheduled downtime or violates any terms. We reserve the right at our sole discretion whether or not to accept any order or instruction and we are not responsible for any losses incurred as a result of our decision to cancel or refuse an order placed by you.
We shall be entitled, but shall have no obligation, to make margin calls to you in respect of your transactions. You are responsible for monitoring your orders and Assets. Any failure to satisfy a margin call, failure to pay any dues including interest, failure to maintain sufficient margins, breach of any other rules or Terms, may lead to your positions being subject to liquidation / enforcement. Upon liquidation, you shall be subjected to a liquidation fee. CoinDCX shall have no liability to You or any third party in connection with any failure by you in this connection. Without prejudice to the above, we reserve the right (but do not have an obligation to) require you to immediately make good any shortfall in the margins and / or to adjust any Assets in your wallets against any margin requirement or other dues.
By using the Margin product, you are, creating in favour of CoinDCX, a continuing first priority security interest in, lien on and right of set off against all of your right, title and interest, present of future, over your Collateral to secure to secure payments to be made by you, and to discharge all of your obligations to CoinDCX. You represent, warrant and undertake that the Collateral is and shall be free and clear of all prior liens, claims and encumbrances except in favour of CoinDCX. You shall execute any documents and take such actions as may be requested by CoinDCX in connection with the perfection, preservation and enforcement of CoinDCX’s security interest over the Collateral. CoinDCX shall be entitled to invoke security interest and appropriate the Collateral if and to the extent any amounts are due from you.
We may require you to top-up some Assets as margin with us for availing the Margin Services. We may set off or sell the margin against any dues owed by you to us or to any other person pursuant to your use of the Services. We may determine the value of such margin in our sole discretion, and have the right to utilize such Assets as appropriate (and have exclusive right over any interest paid on such Assets), subject to Applicable Laws. You shall ensure that at all times, the value of the margin is above any thresholds prescribed by us and in case of any shortfall, you shall replenish the same. If due to market volatility, the collective margin of Users is less than required, we may suspend trading without any notice, and we are not liable for any losses caused due to such suspension.

K. EARN

These terms are applicable for the ‘Earn’ product, being ‘Simple Earn’ and ‘Advanced Earn’, available on the Online Platforms (“Earn”) and must be read together with the Earn Risk Disclosure Statement and the FAQs posted on the Platforms from time to time.
Earn is a product available to you on an ‘opt-in’ basis, wherein you may opt to create Earn orders and deliver your Digital Assets to CoinDCX for a specific period (“Tenure”) for generating accretions denominated in the same Digital Assets that were delivered by you. You agree and acknowledge that in no circumstance would the accretion generated be delivered to you in Fiat Currency.
You acknowledge that you exercise complete control over selection of the Tenure prior to delivering any Digital Assets in Earn. Any modification of the Tenure subsequently will not be permitted. Minimum Tenure prescribed by CoinDCX will apply by default if no Tenure is selected by you.
You agree that once you voluntarily opt-in and deliver Digital Assets on Earn, CoinDCX may, on your request, but in our sole discretion permit any premature discharge of the Tenure subject to the condition that no accretions will be applicable for such Digital Assets delivered back to you prior to completion of the applicable Tenure.
CoinDCX, in its sole discretion, may provide for use of the Digital Assets delivered by you to CoinDCX on Earn either internally within its ecosystem or externally with any other exchange or custodial service provider or other third party service providers or DAOs for various purposes, including inter-alia for purposes such as (i) staking; (ii) DeFi; (iii) provided for use to professional asset managers through specially managed accounts, including to third party exchanges, (iv) custodial / non-custodial lending to counterparties; (v) provided for use as margin to other Users of the Online Platforms. You acknowledge that the risks of each of the above purposes may be materially different from each other and hereby authorize the use of the delivered Digital Assets in any or all of the above purposes and in such proportion as CoinDCX may determine in its sole discretion. You hereby authorize us to perform the necessary activities directly or through a third party. You hereby acknowledge that you understand (including after having sought professional advice as may be suitable for you) the risks involved in each of such provided for use asset out above, including without limitation the risks set out in the Earn Risk Disclosure Statement.
Notwithstanding anything to the contrary contained herein, Digital Assets delivered by you to CoinDCX through Earn may be delivered to third parties for the relevant Tenure that such Digital Assets are delivered by you to CoinDCX. In such cases, you bear the risk of loss.
You may, at the time of creating Earn orders receive an estimate of the potential accretions for a given Earn order including expressed as percentage per annum of the Digital Assets delivered by you to CoinDCX. Such estimates are purely indicative and are subject to change without notice. Any such estimate being provided to you does not constitute any promise for an assured or guaranteed accretion and the actual accretion received by you may substantially vary. Further, in the unfortunate incidence of loss of Digital Assets due to factors outside CoinDCX’s control, you agree to bear the risk of such loss and CoinDCX shall not be held responsible for the same.
The actual accretions generated by Digital Assets delivered by you to CoinDCX on Earn are dependent on multiple factors including but not limited to the accretions offered by any third-party exchanges/ custodial and non-custodial services/ staking or DeFi protocols and hence accretions under Earn are not guaranteed. You agree that you shall have no claim against CoinDCX for accretions not meeting the indicative estimate provided to you prior to the delivery of Digital Assets by you to CoinDCX on Earn.
You hereby agree and acknowledge that in respect of any Digital Assets delivered by you to CoinDCX on Earn, CoinDCX does not assure or guarantee the delivery of any Digital Assets that may be distributed for free by the issuer of such Digital Assets and/or additional Digital Assets created as a result of redenomination by an issuer (“Marketing/Redenomination Accretion“), whether or not such Marketing/Redenomination Accretion is received by CoinDCX or not from such issuer. CoinDCX may in its sole discretion, and without being bound to do so, distribute Digital Assets on account of any Marketing/ Redenomination Accretion to you.
You agree and acknowledge that CoinDCX is entitled to a share of the accretions generated from such Digital Assets being provided for use and delivered by you to CoinDCX on Earn, which share may be determined by CoinDCX in its sole discretion. Additionally, we reserve the right to levy or implement any fees/ charges under and for Earn.
You agree and acknowledge that Earn is not, nor is it akin to, a deposit, collective investment scheme financial product, or loan or advance as those terms may be defined under Applicable Law. Further, you agree to exercise day-to-day control over the same and understand that CoinDCX does not guarantee any accretions.

L. OTC DESK

These terms are applicable for the over-the-counter (“OTC“) desk product available on the Online Platforms (“OTC Desk”) and must be read together the other Key Terms for Certain Products / Services.
OTC Desk is a product available to you on an ‘opt-in’ basis, wherein you may opt to avail private and personalised services of professional trading broker(s) and/or OTC Desk managers for large trades on the Online Platforms. OTC trades are buy/sell orders that are executed directly on or outside an exchange’s order book, and any withdrawal and deposit will directly happen through/to your wallet. Users may purchase or sell certain Digital Assets and/or Fiat Currency in exchange for another Digital Asset.
In order to provide you with the best buying or selling options for Digital Assets, CoinDCX may place corresponding orders with third parties and you hereby authorise and instruct CoinDCX to do so in order to fulfil your order with the best available options.
We may conduct additional KYC to allow you to conduct OTC trades. Once your additional KYC for OTC Desk is successful, CoinDCX may set up an OTC Desk account for you and add you to a direct communication channel such as through WhatsApp or Telegram.
Trades on the OTC Desk are subject to certain minimum and maximum limits that we may, in our sole discretion, decide and intimate to you from time to time.
OTC Desk Services may be applicable only in identified markets and in respect of identified Assets.
OTC Desk transactions will take place only after and through and subject to discussion with the OTC Desk team and price, quantity, requirements, etc. and your eligibility for the same is at our sole discretion.
We are not responsible for any delays or errors in the provision of the OTC Desk Services, including, but not limited to, delays in the transfer of Digital Assets or Fiat Currency to and from the User’s Digital Asset Wallet or INR Balance, if such delays or errors are caused by the User, User’s service provider (e.g., User’s bank), internet connection or internet service provider.

M. WEB3 SERVICES

The ‘CoinDCX Web3’ product available on the Online Platforms is governed by CoinDCX Web3 Terms of Use.

N. COINDCX VIP

These terms apply to the ‘CoinDCX VIP’ product available on the Online Platforms (“CoinDCX VIP”) and must be read together with the other Key Terms for Certain Products/Services
CoinDCX VIP offers certain benefits as may be notified from time to time to select Users who may qualify as CoinDCX VIP Users, in our sole discretion, and are enabled as “CoinDCX VIP User by CoinDCX”. The benefits accrued under CoinDCX VIP may differ from case to case and are offered on best efforts basis.
Users who have created the User Account or are otherwise using the Platforms pursuant to certain special referral links or promotions (including those shared by or on platforms of key opinion leaders and/or influencers), will not be eligible to avail CoinDCX VIP benefits and may instead be offered, at our sole discretion, a single preferred fee rate applicable to their spot and futures transactions irrespective of trading volume.

O. API TRADING

These terms apply to the ‘API Trading’ product available on the Online Platforms (“API Trading”) which permits certain Users to license application program interface software and market data from CoinDCX to perform various functions and can be used for Buy/Sell Digital Assets and Futures transactions.
API Trading is subject to the Terms along with the API License Terms and Conditions available on the Online Platform from time to time.

P. MESSENGER GROUPS

By accepting these Terms, you expressly agree that we, or our Partner Entities, may create messenger app chatrooms, groups, broadcasts, one-to-one chats or similar forums on our Platforms or on other platforms such as WhatsApp, Telegram, etc (collectively, “Groups”) through our representatives (“Group Admin”). The Groups shall be used only for communication in relation to the Services and use of the Platform.
Membership in the Groups is at the discretion of us or our Partner Entities, and is subject to these Terms, as well as any rules posted on such Groups from time to time.
The Groups form part of the “Platform”, and all your obligations under the Terms including on prohibited uses apply to the Groups.
The Group Admin reserves the right at all times to administer, monitor, and control the Group, in their sole discretion, including the right to regulate Content, add and remove persons, post or not post any information on the Group, or to terminate the Group. Some Groups may not allow any User Content and may be operated in the nature of broadcasts by the Group Admin only.
Any Content posted on a Group (including any recommendation for investment and/or disinvestment) by any User shall be the views and comments of that User; and if posted by the Group Admin are the personal views and comments of the Group Admin. No such Content shall be construed to be the views or comments of CoinDCX / Partner Entity or in any way endorsed by CoinDCX / Partner Entity.
You agree and acknowledge that your personal information including your mobile number disclosed in the Groups may be used by other Users and/or the Group Admin/ CoinDCX to communicate or establish contact with you or for any other purposes. You hereby further unconditionally consent that such communication by any other User, Group Admin/ CoinDCX is (a) upon your request and/or authorization, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ under Applicable Laws including under the guidelines issued by Telecom Regulation Authority of India (“TRAI”) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. You shall indemnify the Group Admin and/or CoinDCX and/or Specified Persons for any losses incurred by them or any persons associated with them due to any action taken by TRAI, access providers (as per TRAI regulations) or any other authority due to any erroneous complaint raised by you or anyone against the Group Admin and/or CoinDCX or any other persons associated with us or due to a wrong number or other contact details provided by you for any reason whatsoever.