Terms Of Use
These Terms of Use govern the access and use of the electronic platform, including the mobile application and/ or website, known as “CoinSwitch” collectively referred to as “Platform”, which are owned by Bitkuber Investments Private Limited, a private limited company registered in India under the Companies Act, 2013 (CIN U65990KA2021PTC145060).
By clicking “I agree” to these Terms of Use, or by accessing or using the Platform in any manner, You agree that You have read, understood and accepted all of the terms and conditions contained in these Terms of Use (Terms/ Terms of Use’), and Our privacy policy available at https://coinswitch.co/bk/privacy-policy/ (“Privacy Policy”), and Know-Your-Customer (“KYC”) and Anti-Money Laundering (“AML”) Policy available at https://coinswitch.co/bk/aml-policy (“KYC-AML Policy“). If, now or at any time, You do not accept or agree with any of the Terms or any of the aforesaid terms, You shall not access or use the Platform and We may immediately terminate Your availing of the Platform.
If You have previously registered on the ‘CoinSwitch’ platform provided by Bitcipher Labs LLP (prior to the effective date of these Terms of Use), Your continued usage of the said platform, after the effective date of these Terms of Use, shall deem that You accept and agree to Your usage and access to the Platform, being subject to Our Terms, Privacy Policy, and KYC – AML Policy.
We reserve the right to change, add, remove or modify the Platform, these Terms, Privacy Policy, KYC and AML Policy or any content or part thereof, at any time, with or without prior notice, at Our sole discretion. You shall regularly and periodically check these Terms, Privacy Policy, KYC and AML Policy, including before You register with the Platform and/or view any of the TPSP Services (as defined hereinafter) through the Platform. We shall have no liability or responsibility whatsoever due to any such changes, additions, removals or modifications. Your continued use of the Platform following the changes means that You accept and agree to the changes, additions, removals or modifications. If You do not agree with any such change, additions, removals or modifications, Your sole and exclusive remedy is to terminate Your use of the Platform. Your continued use of the Platform following the changes, additions, removals or modifications will mean that You accept and agree to the changes, additions, removals or modifications.
By accessing and using the Platform, You are deemed to have understood, agreed to and accepted the risks, losses, and costs with respect to the same.
Certain definitions: As used herein:
“Company”, “Ourselves”, “Us”, “Our” and “We” refers to Bitkuber Investments Private Limited which expression shall include its successors and assigns.
“Party” refers to either You or Us and “Parties” refers to You and Us collectively, as the context may require.
“TPSPs” means any third-party(s) who offer one or more TPSP Services.
“TPSP Services” refers to the services described in Clause 1.1 of these Terms, offered by the respective TPSP.
“User”, “You” and “Your” refers to any person who uses the Platform which expression shall include receivers, liquidators, successors and legal heirs.
1. About the Platform, TPSP Services, and certain related terms:
1.1 The Company, an electronic intermediary, is making available the Platform, an online technology platform, enabling its Users to avail information on the below mentioned services from TPSPs in the manner as described below. It is clarified that the Company does not offer any of the TPSP Services. The TPSP Services are only offered by the respective TPSP. The Company may, at its sole and absolute discretion, amend the table below:
| S. No. | Description |
| 1. | Buy and sell Cryptos (one variant or category of virtual digital assets) by:
The services described herein are being provided by Bitcipher Labs LLP, and such services being governed by the terms of use, privacy policy and all other applicable policies of Bitcipher. You can also generally browse various information or content about Cryptos even without registering or placing any buy or sell orders with Bitcipher Labs LLP. As an unregistered user, Bitcipher Labs LLP will still be capturing, storing, processing and sharing Your usage and other data as per its Visitor/ Cookie Policy provided under Its Privacy Policy. |
| 2. | Execution platform for the purchase and sale of direct schemes of the mutual funds, being provided by Matdev Investment Advisers Private Limited (via its execution services department) (“Matdev”), and such services being governed by the terms of use, privacy policy and all other applicable policies of Matdev.
You can also generally browse various information or content about Mutual Funds on the MF Product App even without registering on the MF Product App or without placing any buy or sell orders on the MF Product App. As an unregistered user, Matdev Investment Advisers Pvt Ltd will still be capturing, storing, processing and sharing Your usage and other data as per its Visitor/ Cookie Policy provided under its Privacy Policy. |
| 3. | Execution platform for investment in fixed deposit schemes of banks and non-banking financial institutions being provided by Hudo Financial Services Pvt Ltd. (“Hodu”). In these fixed deposit schemes, You invest a fixed amount for a fixed tenure and get the interest either at maturity or at a defined frequency. This execution platform of Hodu enables the management of fixed deposit schemes with the banks and non-bank financial institutions viz. renewal, withdrawal, add nominee etc and such services being governed by the terms of use, privacy policy and all other applicable policies of Hodu.
You can also generally browse various information or content about Fixed deposits on this execution platform of Hodu even without registering on the execution platform of Hodu or without placing any buy or sell orders on the execution platform of Hodu. As an unregistered user, Hodu will still be capturing, storing, processing and sharing Your usage and other data as per its Visitor/ Cookie Policy provided under its Privacy Policy |
Additional TPSPs may from time to time use the Platform to offer their respective services, and We shall provide a brief description of the same by modifying the above table. Similarly, the TPSPs identified in the above table may cease providing their services on the Platform, and We shall update the above table.
(individually and collectively referred to as the “TPSP Services”). TPSPs may in their sole discretion provide their respective TPSP Services to select or all the users of the Platform, and You shall not have any right to claim or assert receiving of a particular TPSP Services. In this regard, we may
1.2 You acknowledge that the Company being an electronic intermediary allows You to avail the TPSP Services directly from the respective TPSP providing such product and services through this Platform at that time and the Platform may enable communication with them for such services, and other related information.
1.3 We are neither the creator nor the originator nor the administrator of any of the TPSP Services. We only act as an electronic intermediary between the User and various TPSPs providing the TPSP Services on the Platform. The User while instructing the Platform (which is electronic in nature) in order to avail any particular TPSP Services, authorizes Us to redirect such User to the respective TPSP providing the said TPSP Services.
1.4 In case of any technical or manual error, including but not limited to downtime and /or unavailability of the Platform, We will take reasonable steps of correction to restore the Platform. If such correction creates a liability on You or You suffer any losses or damages, You will be required to incur that liability, loss or damages. We hereby disclaim liability for any such error or correction or unavailability thereof, and no recourse may be had by User against Us for any such error or correction or unavailability.
1.5 Save and except as required under any applicable law or Force Majeure (as defined and more specifically described in these Terms), as long as You agree to and comply with these Terms of Use, We grant You a limited personal, non-exclusive, non-transferable, non-sub-licensable, and revocable right to access and use the Platform in India (subject to other terms) as per these Terms. We may deploy technologies or processes to enforce the above grant of rights. We may from time-to-time, with or without any notice to You, enable the entire Platform or any one or more feature of the Platform to be used outside of India (we may restrict the access or use of Platform in one or more countries / jurisdiction to comply with certain legal or contractual requirements, or in Our sole and absolute discretion) on a temporary, transient or permanent basis, and may decide to suspend, disable or cease such enablement at any point of time, at Our sole and absolute discretion, with or without informing You.
1.6 Unless otherwise specified, content, logo, material, design, graphic symbols etc (“Materials”) on the Platform are Our property or the licensors / third parties (including but not limited to TPSPs) and are protected by patents, copyright, trademark, and other applicable laws. You may view such Materials on any single computer or electronic device solely for Your own internal use, provided You keep intact all copyright and other proprietary information. The trademarks, service marks, and logos of the Platform or its licensors / third parties (including but not limited to TPSPs) and others used on this Platform (“Trademarks”) are Our property and their respective licensors / third parties/ TPSPs, as the case may be. The software, text, images, graphics, data, prices, trades, charts, graphs, video, and audio used on this Platform belong to Us. The Trademarks and Materials should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, whether manual or automated. The use of any such Materials on any other website, mobile application or networked computer environment for any other purpose or other commercial / non-commercial reasons is strictly prohibited, and any such unauthorized use may violate copyright, trademark, and other applicable laws and could result in criminal or civil legal actions and penalties. Nothing on the Platform confers any right on the User (express or implied) that would allow the User to use or display a trademark that such User does not own, regardless of whether the trademark is currently registered or not.
1.7 The Platform may have links or other forms of reference to other websites / mobile apps/electronic assets or platforms or resources (“External Platforms”) over which We have no control. You acknowledge that the Platform is enabling such links or references of External Platforms or resources to You, including APIs to other third parties (including but not limited to TPSPs and TPSP Services of TPSPs), only as a convenience to You and that We make no representations whatsoever about any External Platforms which You may access through or via this Platform, including such External Platforms being free of such items as viruses, worms, trojan horses, and other items of a destructive nature. We are not responsible for the availability of, and content provided on, any External Platforms. You are requested to review the terms of use and various other policies posted by such External Platforms such as privacy and other policies before use. We are not responsible for any third party content accessible through the Platform, including opinions, information, infotainment, edutainment, advice, statements, prices, activities, and advertisements, and You shall bear all risks associated with the use of such content on such External Platforms.
1.8 If You have not previously undergone KYC process by Us or any TPSP, You agree that to avail any services provided on the Platform and/or make any transaction on any of the TPSP Services, You will be required to provide certain basic KYC details as stipulated on the Platform in accordance with Our applicable policies and provide true and complete information. For availing various TPSP Services, You hereby grant Your consent and permit Us to share Your basic KYC details available with Us with the TPSPs to enable them to respond to Your queries / interests and offer You the TPSP Services including facilitation of the KYC process, provided that each TPSP shall also require You to undergo KYC to use any TPSP Services, as may be prescribed in the relevant terms for such TPSP Services and as required by applicable law as that may apply to such TPSP. Our collection, processing, storage, and sharing of Your personal information is further governed by the Privacy Policy.
1.9 You understand that except for information, products or services clearly indicated as being supplied by the Platform, We do not operate, control, or endorse any information, products or services on the internet in any way.
1.10 You also understand that the Company cannot and does not guarantee or warrant that files available for download on the External Platform available through the Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy Your particular requirements of internet security and for accuracy of data input and output.
1.11 Any External Platform accessible via or on the Platform may collect, store, process, and share Your information. We are not responsible for any data-processing activities carried out by any such External Platform, and We disclaim any and all liability in respect of the same. You should check the privacy policy of any such TPSP or other parties providing the External Platform to establish how they may use Your information before You decide to use the External Platform and its features.
2. User Registration:
2.1 Before You register on the Platform by creating a User’s account with the Platform (“User’s Platform Account”) or use the Platform at any time and from time to time, You represent and warrant that You (a) are at least 18 years old and competent to form a binding contract in India, (b) are an individual with full legal capacity and authority to enter into these Terms, (c) have not previously been suspended or removed from using the Platform and /or any other TPSP Services available on the Platform, (d) are an Indian citizen, as contemplated under the Citizenship Act, 1955, (e) are a person resident in India, as contemplated under the Foreign Exchange Management Act, 1999 (together, the “Eligibility Criteria”). If You do not meet the Eligibility Criteria, You shall not register on or use the Platform. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity to create a User’s Platform Account.
2.2 By registering on the Platform, You agree to the single-sign-in ID (“SSID“) mechanism that may allow You to log-in to use the Platform operated by Us and the TPSP Services operated by TPSPs without going through a separate login for each TPSP Service. The SSID mechanism will be governed by these Terms, whereas for availing the TPSP Services, the User will need to comply with the service-specific terms and conditions made available by TPSPs. Subject to any applicable laws, the TPSPs may implement their own sign-in and/or authentication processes including without limitation 2FA (second factor authentication), electronic signatures, digital signatures, or other technological measures, and such additional measures are not controlled by the Company.
2.3 Subject to other provisions of these Terms, in the event a User is not a natural person / human, , the User shall not register on and use or access the Platform during such periods.
2.4 By accessing and using the Platform and / or any part thereof, You represent and warrant that You are not on any trade or economic sanctions lists, such as the UN Security Council Sanctions list, designated as a “Specially Designated National” by OFAC (Office of Foreign Assets Control of the U.S. Treasury Department) or placed on the U.S. Commerce Department’s “Denied Persons List” or on the National Investigation Agency’s Most Wanted List or other similar lists or a resident of Cuba, Iran, North Korea, Crimea, Sudan, and Syria. We may, in Our sole and absolute discretion, with or without any intimation to You, add additional countries or jurisdiction to the restricted or prohibited list. In the event that You are not permitted to use or access the Platform by applicable law, You are required to discontinue the use of the Platform immediately.
2.5 If any breach of the foregoing clauses 2.1, 2.2, 2.3 and/ or 2.4 or any other provision of these Terms is brought to Our notice, in addition to any rights and remedies that We have under these Terms or under any applicable laws, We may forthwith restrict / terminate Your access and use of the Platform. The Parties agree that the Users shall be solely responsible for ensuring compliance with these Terms, TPSP Service terms and with the obligations to follow applicable laws.
2.6 You hereby undertake and acknowledge that You currently do not have more than one User’s Platform Account and shall only maintain one User’s Platform Account at all times.
2.7 In order to create a User’s Platform Account, the User will be required to provide certain data, information or details as may be required by the Platform (which may include Your proof of identity and address, financial information), through the Platform or otherwise, from time to time which could be during the time of registration, post registration, or before, during or after You undertake any activity or transaction on the Platform. In order to avail any of the TPSP Services, You may be required to furnish any such additional information as required by such entity providing said TPSP Services under Your agreement with the respective TPSP. You represent and warrant that: (a) all required data, information or details You provide to the Platform is current, truthful, authentic, complete and accurate; and (b) You will keep the data, information and details current and maintain the accuracy of such information.
2.8 You may delete Your own User’s Platform Account at any time, for any reason, by following the instructions on the Platform provided. However, the data and information provided by You may be retained by Us or the entity providing the TPSP Services (in accordance with Your agreement with the respective TPSP) for compliance with applicable laws and for cooperation with statutory, administrative, judicial, quasi-judicial, state bodies, or law enforcement authorities. Please review the Privacy Policy and FAQ of the Platform and that of the TPSP providing said TPSP Services for more details.
2.9 You are responsible for maintaining the confidentiality and security of Your User’s Platform Account, password, SSID, log-in credentials, activities that occur in or through Your User’s Platform Account and for restricting access to Your computer or electronic device (including mobile device), as the case may be, and at all times, to prevent unauthorized access to / misuse of Your User’s Platform Account. You agree to accept responsibility for all activities that occur under Your User’s Platform Account or due to Your failure to protect the credentials / password or Your device. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform Us immediately by emailing Us at support@coinswitch.co if You have any reason to believe that Your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Without accepting any liability, We may at Our sole discretion use reasonable endeavours to reset or restrict Your User’s Platform Account within a reasonable time: provided that You understand that any such endeavour is on a good-faith basis and We assume no responsibility or liability towards any losses, frauds, or unauthorized transactions that may happen or You may suffer as a result of any unauthorized use of Your User’ Platform Account.
2.10 Any data, information, instructions or transactions initiated, originated, transmitted or published from Your User’s Platform Account shall deem to be duly originated, undertaken or authorized by You, and We shall not be liable for acting on any such data / information / instruction / transaction / sale / purchase / other request on the Platform. Any records created and maintained by the Platform or other third parties (including but not limited to TPSPs) of the communications, transactions, instructions or operations made or performed, processed or effected through or in relation to Your using of the Platform including from Your User’s Platform Account or any person purporting to be You, acting on behalf or purportedly acting on Your behalf, with or without Your consent, shall be binding on You for all purposes whatsoever and shall be conclusive evidence of such communications, transactions, instructions or operations.
3. Electronic communications:
3.1 You agree to receive electronically all communications, agreements, documents, notices, and disclosures (collectively, “Communications”) that We provide in connection with Your use of the Platform. We may provide these Communications to You by posting them on the Platform, including through in app notification or notification via Your mobile operating system or app store provider, emailing them to You at the email address You provide in Your User’s Platform Account, sending them through any instant messenger chat service, or through other forms of electronic communication such as SMS or text message to the mobile phone number that You provide in Your User’s Platform Account. Your mobile carrier’s standard mobile messaging and data rates will apply.
3.2 It is Your responsibility to provide Us with accurate and complete contact information and to provide updates to You as necessary. You understand and agree that if We send You an electronic Communication, but You do not receive it because (i) Your contact information on file with Your User’s Platform Account is incorrect, blocked by Your service provider, or out of date, (ii) the Communication was re-routed to Your spam folder, or (iii) You are otherwise not able to receive or access the Communication, We will be deemed to have provided the Communication to You and will be binding on You. If any email communication is returned as undeliverable, We retain the right to block Your access to the Platform or to Your User’s Platform Account until You provide and confirm a new and valid email address and, if required, any additional checks or diligence required by Us.
3.3 You authorize Us and Our affiliates to contact You and communicate with You for any Platform-related services or offer(s). The Company or its affiliates may use third party service providers to send alerts or communicate with You. Notwithstanding any Do Not Disturb (DND) setting, You hereby grant explicit consent to Us and Our affiliates to contact You over calls, SMS, emails and any other mode of communication.
3.4 In the event that You observe any error in the information provided in the Communication, the Company shall be immediately informed about the same by You.
3.5 You shall not hold the Company liable for any loss, damages, claim, expense including legal cost that may be incurred / suffered by You on account of the Communication.
3.6 With regard to Communications, You will indemnify and hold harmless Us and the SMS / e-mail / other third-party service provider (including but not limited to the TPSP) including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which We or such SMS / e-mail / other third-party service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misuse by You or improper or fraudulent information provided by You; and/or (ii) incorrect contact details or contact details that belongs to a third party provided by You.
4. Activities Prohibited on the Platform:
4.1 We have zero tolerance towards use of the Platform for any illegal purpose. Any such abuse or any suspicious or malicious activities by any User may result in forthwith restriction of access of the Platform and User’s Platform Account and We may at Our sole discretion report such activities to the concerned regulatory and statutory authorities, if so required or deemed appropriate by Us in Our sole discretion.
4.2 In connection with Your use or access of the Platform, You hereby agree that You will not:
4.2.1 violate (or assist any other party in violating) these Terms, Privacy Policy and KYC and AML Policy, and any applicable law, statute, ordinance, or regulation;
4.2.2 intentionally try to defraud (or assist in the defrauding of) the Company or any other User;
4.2.3 make any representations on behalf of the Company;
4.2.4 provide false, inaccurate, or misleading information including any KYC information or any other document or information as sought by the Company;
4.2.5 use the Platform for any illegal, unlawful or fraudulent activities including without limitation money laundering, gambling, child trafficking, child porn, drugs or narcotics, counterfeiting, or terrorist financing;
4.2.6 take any action that interferes with, intercepts, or expropriates any system, data, or information;
4.2.7 partake in any transaction involving the proceeds of illegal activity or proceeds of crime;
4.2.8 attempt to gain unauthorized access to other user accounts, the Platform, or any related networks or systems;
4.2.9 use the Platform on behalf of any third party or otherwise act as an intermediary between the Company and any third parties or acting for benefit of any third party;
4.2.10 use the Platform to engage in conduct that is detrimental to the Us or to any other user or any other third party or the public at large;
4.2.11 collect any user information from other users, including, without limitation, email addresses or other personal information;
4.2.12 use the Platform to violate public morale, any third party/ public interest or for any act being not permitted by the law of the land;
4.2.13 use multiple devices to access or log into Your User’s Platform Account at a given point of time, i.e. You shall not access Your User’s Platform Account through multiple devices simultaneously, unless approved by the Company, nor shall You ever use or try to gain access to any other third party User’s Platform Account not belonging to You;
4.2.14 duplicate, distribute, create derivative works of display or commercially exploit the Platform or any of its content, features or facilities, directly or indirectly, without Our prior written permission nor would You have access to the Platform in source-code form;
4.2.15 without Our prior written consent, modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sub-license, sell, mirror, design, rent, lease, private label, grant security interest in the properties, Trademarks and/ or Materials available on the Platform or any part of such properties, Trademarks and/ or Materials, or create their derivative works or otherwise take advantage of any part of the properties, Trademarks and/ or Materials;
4.2.16 defame, harass, or violate the privacy or intellectual property rights of the Company or any other user or other third parties;
4.2.17 upload, display or transmit any messages, photos, videos or other media that contain illegal goods, pornographic, violent, obscene or copyrighted images or materials for use as an avatar, in connection with Your use of Platform;
4.2.18 host, display, upload, modify, publish, transmit, store, update or share any information that,— (i) belongs to another person and to which the User does not have any right; (ii) is, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence, 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 misinformation or information which is patently false and untrue or misleading in nature; (vii) impersonates another person; (viii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; and (ix) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
4.2.19 impersonate any person or entity, falsely claim or otherwise misrepresent Your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s information or digital signature, misrepresent the source, identity, or content of information transmitted via the Platform, perform any other similar fraudulent activity or otherwise use or access Platform in what We reasonably believe to be a fraudulent manner;
4.2.20 refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provided by You to the Company; or
4.2.21 use the Platform in a manner that results in or may result in any manner of loss to Us or third party claims against Us.
4.3 Furthermore, You agree not to:
a) use circumvention or obfuscating technologies to mask their IP addresses or to hide transaction details;
b) create or circulate any technologies which violate, or which would facilitate other users to violate the terms hereof including for masking IP addresses or to obfuscate transaction details;
c) misrepresent, misinform or misguide the Company in any manner;
d) upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the Platform, Our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content;
e) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law;
(f) use the Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Platform in an automated manner, imposes an unreasonably or disproportionately large load on the Platform’s infrastructure/network;
(g) use any robot, spider, device, software or other automatic device, or manual process to monitor or copy the Platform without prior written permission or interfere or attempt to interfere with the Platform;
(h) send automated request of any kind to the Platform without express permission in advance from Us;
(i) reverse look-up, trace or seek to trace any information of any other User, or visitor of the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform; or
(j) disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked websites or mobile applications.
4.4 We reserve the right to investigate and / or take appropriate action against You in Our sole discretion if You engage in prohibited or illegal activities or violate any other provision of these Terms or otherwise create liability for Us or any other person or there is any reasonable suspicion or allegation or complaint from any legal / public / regulatory / statutory authority. Such action may include, in Our sole and absolute discretion, terminating and / or restricting access to Your User’s Platform Account, reporting You to law enforcement authorities without providing any notice to You about any such report.
4.5 Users are cautioned against undertaking any suspicious activity on or through the Platform.
5. Fee:
5.1 We currently do not charge any fee for accessing the Platform, the services provided herein and/ or for creation of any User’s Platform Account. However, We reserve the right to change this fee policy from time to time. We may at Our sole discretion introduce new services. In such an event, We reserve the right to introduce fees for the new services offered on the Platform, as the case may be. Changes to the fee shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees, if any, shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws for making any payments to Us or using the Platform.
5.2 You might be subjected to a certain fees to avail the TPSP Services as may be levied by the TPSP providing such TPSP Services. For more information, please refer to the terms & conditions of the respective TPSP Services, as applicable.
5.3 You agree that Your mobile device, mobile service provider, internet service provider or any other third-party services that You may avail from anybody to access the Platform, may levy charges and You are solely responsible for such charges, terms of use, fees as per Your agreement with the third party service provider.
6. Taxes:
It is Your responsibility to determine, collect, report, and submit any / all taxes applicable in connection with the use of the Platform to the appropriate tax authority in India or under any other applicable laws.
7. Risks and Disclaimers:
7.1 The use of the Platform may entail the following risks:
7.1.1 You should carefully assess whether Your financial situation, Your knowledge, Your expertise, Your experience, Your technical capabilities, and tolerance for risk are suitable for accessing the Platform.
7.1.2 The Company is not responsible for the outcome, whether positive or negative, of any action performed by any of its Users within or related to the Platform.
7.1.3 It is reiterated that Users shall not use or access the Platform under any assumption of high earnings or profits or of guaranteed returns.
7.2 The Company expressly disclaims as under:
7.2.1 NOTWITHSTANDING ANY OTHER PROVISION, PLATFORM AND INFORMATION AND SERVICES THEREIN ARE PROVIDED ON “AS IS”, “AS-AVAILABLE” BASIS, AND WITHOUT WARRANTY, REPRESENTATION OR INDEMNITY OF ANY KIND, EXPRESS, IMPLIED, ORAL, WRITTEN, STATUTORY, OR OTHERWISE, INCLUDING WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, OR NON- INFRINGEMENT; OR FOR THE USE, SUFFICIENCY, RELIABILITY, TIMELINESS, QUALITY, SECURITY, SAFETY, SUITABILITY, AVAILABILITY, COMPLETENESS OR ACCURACY OF PLATFORM AND INFORMATION AND SERVICES THEREIN. THE COMPANY , ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, AGENTS AND THIRD PARTIES IS / ARE NOT LIABLE FOR ANY LOSS OF REVENUE, PROFITS, FUNDS, ASSETS, DATA OR FOR ANY DAMAGES, DIRECT (TO THE FULL EXTENT COULD BE EXCLUDED UNDER ANY APPLICABLE LAW), INDIRECT, PROXIMATE, REMOTE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY, RESULTING FROM USE OR ATTEMPTED USE OF THE PLATFORM OR ANY INFORMATION AND SERVICES THEREIN, WHETHER OR NOT SUCH LOSSES OR DAMAGES WERE FORESEEABLE OR THE COMPANY WAS ADVISED OF THE POSSIBILITY THEREOF. THE COMPANY DISCLAIMS LIABILITY FOR ANY PARTY’S ACT OR OMISSION IN USE OF OR RELIANCE UPON PLATFORM OR ANY INFORMATION OR SERVICES THEREIN INCLUDING WITHOUT LIMITATION INACCURACY IN OR THE OMISSION OR INTERRUPTION OF THE PRICE DATA OR AN ERROR OR DELAY IN THE TRANSMISSION OF PRICE DATA. PLATFORM AND INFORMATION AND SERVICES THEREIN MAY BE SUBJECT TO RESTRICTIONS, LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR A BUSINESS WHERE THERE ARE REGULATORY UNCERTAINTIES. WE DO NOT GUARANTEE THAT YOUR USE OF THE PLATFORM OR ANY PART THEREOF WILL ALWAYS BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE.
7.2.2 PLATFORM MAY BE SUBJECT TO MALWARE ATTACKS, DISTRIBUTED DENIAL OF SERVICE, CONSENSUS-BASED ATTACKS, SYBIL ATTACKS, PHISHING, SMURFING AND HACKING ETC. AND NOTWITHSTANDING ANY OTHER PROVISION, THE COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, AGENTS AND THIRD PARTIES SHALL NOT BE LIABLE TO THE USER OR ANY THIRD PARTY FOR THE SAME.
8. Limitation of Liability:
8.1 Notwithstanding anything to the contrary contained in these Terms, the Parties unconditionally agree that in no event shall the Company or its affiliates, and their respective officers, partners, directors, agents, employees, third parties and suppliers be liable for lost revenue, receipts, profits, lost opportunity, loss of fiat currency, data or any remote, proximate, special, incidental or consequential damages arising out of or in connection with the Your use of the or otherwise in connection with the operation of the Platform, whether or not such loss or damages were foreseeable or the Company and/or its affiliates were advised of the possibility thereof.
8.2 Notwithstanding anything contained in these Terms, in no event shall the Company or its affiliates, and their respective officers, partners, directors, agents, employees, third parties and suppliers be liable or responsible for any damages, claims, applications, losses, injuries, delays, accidents, costs, business interruption costs, or other expenses (including, without limitation, attorneys’ fees or the costs of any claim or suit), nor for any incidental, indirect, general, special, punitive, exemplary, or consequential damages, including without limitation loss of goodwill or business profits, loss of money or other assets, work stoppage, data loss, computer failure or malfunction, or any other commercial or other losses arising out of or related to any third party’s use of Your User’s Platform Account whether or not authorized by You (collectively, all of the foregoing items shall be referred to herein as “Losses”). The Company and its affiliates, and their respective officers, partners, directors, agents, employees, third parties and suppliers are hereby released by You and anyone claiming under You from liability for any and all Losses. The foregoing limitation of liability shall apply whether the alleged liability or Losses are based on contract, negligence, tort, strict liability, or any other basis, even if the Company and/or its affiliates have been advised of or should have known of the possibility of such Losses, and without regard to the success or effectiveness of other remedies. Notwithstanding anything else in these Terms of Use or any other document, in no event shall the combined aggregate liability of the Company for any Loss exceeding INR 100/- (Rupees One Hundred Only).
8.3 The Company shall not be liable for a breach and will not be required to fulfil its obligations, and the User shall assume any and all risks and liability, where such breach or inability arises in connection with any force majeure event, including acts of God, labor disputes or other industrial disturbances, electrical, telecommunications, hardware, software or other utility failures, software or smart contract system bugs or weaknesses, hacking, 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, any actions or inactions of third parties and/or events experienced by third parties, e.g., bankruptcy of service providers, information security attacks on service providers, and fraud conducted by third parties, and such other similar events which are beyond reasonable control of the Company (“Force Majeure“)
8.4 The User acknowledges that the Company may engage the services of third party service providers or partner with other third parties in connection with the operation of the Platform and facilitate access to the TPSP Services, and agrees that the Company shall not be liable to the User for any suspension, halt or interruption of the Platform and/ or TPSP Services where such circumstances arise or result from any interruptions, errors, default or otherwise by any third party service providers or partner with other third parties of its services in connection with the operation of the Platform and access to the TPSP Services.
9. Financial Regulation and Advice:
9.1 We do not provide any investment advice or financial advice in connection with the Platform and / or TPSP Services. While You may be able to view information about the TPSP Services and about the value, range, volatility etc. of the asset and/or products as listed therein, such information, is at all times being provided by the TPSP responsible for provisioning of such TPSP Services, either directly or through its third party service providers. Such display shall at no point of time be construed as an investment advice or financial advice or relied on as such. The Company will not be liable for any loss suffered by You in connection with the TPSP Services. .
9.2 You are solely responsible for availing the TPSP Services through the Platform, and all orders placed by You while availing such TPSP Services are processed by the entity providing such TPSP Services are unsolicited by Us and based on Your own research and decisions. You understand and acknowledge that You have not received and do not expect to receive any investment advice from Us or from any of Our affiliates in connection with Your use of the TPSP Services. You further understand and acknowledge that under no circumstances will Your use of the Platform and/ or TPSP Services be deemed to create a relationship that includes the provision or tendering of investment advice.
10. Assignment; Entire Agreement; Waiver:
10.1 You acknowledge and agree that the Company can freely assign these Terms of Use or any of its rights under these Terms of Use to any person or entity without Your consent.
10.2 You shall, however, not be entitled to assign these Terms of Use, in whole or in part, to another person (subject to the rights of inheritance of any legally entitled heirs of the User upon the User’s death) without the prior written approval of the Company which can be withheld or denied by the Company in its sole and absolute discretion.
10.3 These Terms, along with the other guidelines, rules, additional / ancillary terms and conditions, and policies of the Platform as made available on the Platform, contain the entire understanding of the parties in respect of their subject matter and supersede all prior agreements, representations, warranties, covenants and understandings (oral or written) between or among the parties with respect to such subject matter. These Terms are not intended to confer upon any person, other than the Parties hereto, any rights or remedies hereunder.
10.4 No waiver hereunder can be granted, except as explicitly agreed in writing by the parties. No failure to exercise and no delay in exercising, any right, power or privilege under these Terms shall operate as a waiver, nor shall any single or partial exercise of any right, power or privilege hereunder preclude the exercise of any other right, power or privilege.
11. Termination and Suspension:
11.1 You may terminate these Terms of Use with Us, at any time, upon settling of all dues and transactions through the Platform, with the TPSP providing the TPSP Services and/ or upon sale/ transfer of all assets purchased by You while availing the TPSP Services, or such other terms as may be imposed by TPSPs in connection with the termination of TPSP Services to You. The Company shall not be liable for any loss incurred to You in case You fail to execute these actions as mentioned above required to terminate Your User’s Platform Account.
11.2 You can choose to close down Your User’s Platform Account by choosing the relevant option on the Platform or by writing to support@coinswitch.co.
11.3 You agree that the Company may, by giving notice, in its sole and absolute discretion, restrict or terminate Your access to the Platform; including without limitation, suspending or terminating Your User’s Platform Account, prohibiting access to Your User’s Platform Account, and/or the Platform and its content, services and tools, delaying or removing hosted content, and taking technical and legal actions to keep You off the Platform if We, in Our sole and absolute discretion, reasonably perceive that You are creating any problems, including without limitation, possible legal liabilities, infringement of the intellectual property rights, or acting inconsistently with the letter or spirit of these Terms of Use or applicable law. The obligation to provide notice as aforesaid shall not be applicable and notice shall not be given if so instructed by any law enforcement, judicial or government agency.
11.4 We may, in appropriate circumstances and at Our sole discretion, initiate the above actions for any reason, including without limitation, and in addition to the reasons as mentioned elsewhere in the Terms:
11.4.1 Attempts to gain unauthorized access to the Platform or providing assistance to others’ attempting to do so;
11.4.2 Usage of the Platform to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities;
11.4.3 Violations of these Terms of Use / Privacy Policy or any other policy of TPSP;
11.4.4 Failure to pay or fraudulent payment for transactions;
11.4.5 Unexpected operational difficulties; or
11.4.6 Upon the request of law enforcement or other government agencies.
11.5 The Company may terminate Your User’s Platform Account or suspend Your access to the Platform or any part thereof at any time and with immediate effect for any reason or no reason, in Our sole discretion.
11.6 We may suspend, withdraw, discontinue or change all or any part of the Platform including Your User’s Platform Account or any part thereof at any time or for any period.
11.7 We have the right to disable Your access to Your User’s Platform Account or any part of it or the Platform or any part thereof, at any time:
- if in Our reasonable opinion You have failed to comply with any of the provisions of these Terms or applicable laws.
- If TPSP shares any information about You committing any violations of any of its policies.
11.8 The Company may suspend Your access to the Platform, Your User’s Platform Account, or any other service extended by it due to unforeseen situations, change of law, Force Majeure, maintenance or any other reason as it deems fit in its sole discretion and You acknowledge that Your access to the funds/ assets/ Your User’s Platform Account/ Platform in case of such an instance may be limited or restricted or suspended, partially or fully. You accordingly understand and acknowledge that the Company shall have no liabilities or obligations arising from such events.
11.9 The Company shall, upon verification, block/suspend/close Your access to Your User’s Platform Account or any aspect of the Platform and/or terminate all facilities in relation thereto following the receipt of any information showing Your illegal, misleading, fraudulent, or suspicious activity or any activity by You which breaches these Terms, and We shall not be liable for any inconvenience, damages or losses caused to the User in this regard.
11.10 Consequences of Termination: In addition to the other consequences set out above in this Clause 11, upon termination of these Terms of Use or earlier determination or Your closing down of your User Platform Account, the rendering of the Platform (and consequently TPSP Services) shall stand immediately terminated and the User shall not be entitled to access or avail the Platform. The Company shall continue to retain Your information and data as per its Privacy Policy to ensure compliance with its legal obligations, and for audit and recording purposes as per applicable laws.
12. Indemnity:
To the full extent permitted by applicable law, You hereby indemnify, defend and hold- harmless the Company, and its affiliates, officers, directors, partners, agents, employees, and third party service providers (including but not limited to TPSPs) against any Losses, action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred from Your use of the Platform and/or Your User’s Platform Account and/or from Your violation of these Terms, Privacy Policy, KYC and AML Policy including but not limited to Your violation of applicable laws and other terms while using the Platform.
13. Contact:
If You have any questions relating to these Terms of Use, Your rights and obligations arising from these Terms of Use and/or Your use of the Platform, or any other matter, please contact Our Grievance Officer:
Name: Pradeep Kumar R
Email: support@coinswitch.co
Law enforcement, statutory or regulatory agencies / authorities should contact Our Nodal Officer:
Email: nodaldesk@coinswitch.co
14. Governing Law and Jurisdiction:
These Terms of Use shall be governed and construed in accordance with the laws of India without giving effect to its principles of conflict of laws. The Parties agree to irrevocably submit to the exclusive jurisdiction of the courts situated in Bengaluru, Karnataka, India for the resolution of any disputes or differences arising from these Terms of Use, Privacy Policy, KYC/AML Policy, or any other terms or policies between You and Us.
15. Further Assurances:
The User shall execute and deliver such additional instruments and other documents and shall take such further actions as may be necessary or appropriate to effectuate, carry out and comply with all of the terms of these Terms and applicable law.
16. Severability:
If any word, phrase, sentence, clause or provision of these Terms as applied to a Party or to any circumstance is adjudged by a court to be invalid or unenforceable, the same will in no way affect any other circumstance or the validity or enforceability of any other word, phrase, sentence, clause or provision of these Terms. If any provision of these Terms , or any part thereof, is held to be unenforceable because of the duration of such provision or the area covered thereby, the Parties agree that the court making such determination shall have the power to reduce the duration and/or area of such provision, and/or to delete specific words or phrases, and in its reduced form, such provision shall then be enforceable and shall be enforced.
17. Cumulative Remedies:
The rights and remedies of the Company provided by these Terms are cumulative and the use of any one right or remedy shall not preclude or waive its right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the Company may have under applicable law.
18. Confidentiality:
18.1 You acknowledge that, in the course of Your relationship with Us and/or in using the Platform, You may obtain confidential information relating to the Platform, Company and/or third parties (“Confidential Information”). Such Confidential Information belongs solely to the Company and includes, but is not limited to, the features and mode of operation of the Platform, information related to other users, and/or other technical, business, or product data. In regard to this Confidential Information:
18.1.1 You shall not use (except as expressly authorized by these Terms) or disclose Confidential Information without the prior written consent of the Company unless such Confidential Information becomes generally publicly available without Your breach of these Terms.
18.1.2 You agree to take reasonable measures to maintain the Confidential Information in confidence.
Disclaimer: The translated version of the Platform’s Terms of Use/Privacy Policy/Trading Policy/AML Policy is made available on a reasonable best-efforts basis and solely for Your convenience. For all legal purposes and for the purposes of interpretation or performance, the English version shall prevail over the version in any other Language.