Terms & Conditions


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TERMS OF USE AND SERVICE

These terms of use and service (“CXIHUB Web Terms”) along with the CXIHUB Web Privacy Policy and CXIHUB Web KYC and AML Policy, together constitute a legally binding agreement (“CXIHUB Web Agreement” or this “Agreement”) between the You and Crypto Secure Solutions Private Limited (“CXIHUB”, “Our”, “We”, “Us”) with respect to Your use of Our Platforms and Services.

1. DEFINITIONS AND INTERPRETATION

1.1 For purposes of this Agreement, all the capitalized terms will have meanings assigned below, unless defined within respective Clauses of this Agreement:

(a) “Cryptocurrency” means digital assets created by a software, including bitcoins, altcoins and such other kind of digital assets as may be available from time to time on Our Platforms.
(b) “Government” or “Governmental Authority” means any statutory authority, Government department, agency, commission, board, tribunal, court or other entity in India, or abroad, as applicable and authorized to make Laws.
(c) “Law” or “Laws” means and includes all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives, and orders of any Governmental Authority, tribunal, board or court, in India or abroad, as applicable.
(d) “My Trade Book” shall mean a User specific virtual book which displays an account of all the Cryptocurrency trading activity with respect to such User, including pending Trade Requests, executed Trade Requests and history of Trade and Transactions.
(e) “Person” means any natural person, or a limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, society, foundation, Government or any agency or political subdivision thereof or any other entity that may be treated as a person under applicable Laws.
(f) “Platforms” means the online platform www.cxihub.com; or mobile platform(s) (whether android or IOS) downloadable from third party platforms, including any updates thereof, as CXIHUB may provide from time to time.
(g) “Registered User” shall mean such User who has a Registered Account.
(h) “Services” means services provided by CXIHUB through the Platforms, including provision of access to the Platforms, maintenance of Platforms and/or provision of Registerable Services.
(i) “Trade” shall mean trading of one form of Cryptocurrency against another form of Cryptocurrency.
(j) “Trade Engine” shall mean a live Cryptocurrency listing whereby the Users may view the costs of Cryptocurrencies for Trade and/ or Transactions.
(k) “Trade Request” shall mean a request placed on the Platforms by a Registered User for a Trade or a Transaction at the Buy Price, Sale Price, Bid Buy Price or Bid Sale Price, as the case may be.
(l) “Transaction” shall mean purchase or sale of Cryptocurrency against INR.
(m) “User” or “You” or “Your” means any Person who or which uses and/or accesses the Services as per Clause 2.3 below.

1.2 Any reference to the singular includes a reference to the plural and any reference to one gender includes a reference to the other gender(s), unless explicitly provided for.

1.3 Headings are used for convenience only and not for interpretation.

1.4 Use of terms “includes”, “including”, “such as”, and similar terms, will not be deemed to limit what else might be included.

1.5 Certain parts of Services may be subject to certain specific terms (as applicable), in addition to this Agreement, and such additional terms shall constitute a part of this Agreement and shall always be interpreted in a manner that is harmonious with this Agreement, however, in case of any conflict between such additional terms and this Agreement, the additional terms shall prevail.

2. APPROVAL OF THIS AGREEMENT

2.1 We don’t want You to access the Services if You do not understand, approve of and accept each and every term specified in this Agreement.

2.2 You can accept this Agreement only if:

(a) You are of the legal age, eligibility and mental capability to form a binding contract, if You are a natural Person.
(b) You are lawfully existing and have all the authorizations, permits and allowances to form a binding contract, if You are a juristic Person; and
(c) You are not legally barred or restricted from entering into this Agreement or using the Services.

2.3 You may approve of and accept this Agreement by accessing any of the Services offered by Us, including by:

(a) Trade Cryptocurrencies from or to other Users through the Trade Engine;
(b) buy and/ or sell Cryptocurrencies from or to other Users by undertaking Transactions through the Trade Engine; and
(c) Compare rate of exchange for Trade and Transactions.
We only offer Platforms to Users for rendering the Services set out herein do not advise purchase or sale of Cryptocurrencies. Neither do we guarantee returns from any Trade or Transactions made on Our Platforms.

3.2 In order to provide most parts of Services We require You to register on the Platforms by providing certain information (“Registrable Services”). Registrable Services cannot be provided to You unless You register on the Platforms in the form and manner required by Us. All information provided by You in order to access the Registrable Services should always be true, accurate, complete and updated as provision of Registrable Services is dependent on the information provided by You.

3.3 Access to certain features, functions, and/or part of Platforms and/ or Services may be subject to payment of a monetary consideration by You. However, You may be provided other limited-functionality or limited-access to the Platforms without consideration. Please note that providing Platforms for sending and receiving Cryptocurrency does not in any way constitute gambling, betting, wager, speculation, lottery, raffle or sweepstakes in any form whatsoever and there is no collection of any money, cash or other valuable thing from the User by Us for any such purpose. We only charge a service fee from Our Users for provision of Services as per this Agreement.

3.4 Subject to applicable Law, We may stop provision of Services, in part or in full, permanently or temporarily, to You or to Users generally or may modify or change the nature of Services without any prior notice to You. Your continued use of Services after such modification will constitute Your deemed acceptance to use the modified Services. We may temporarily cut or restrict Your access to the Services to update the Platforms and/or for improving Your experience.

3.5 Provision of certain Platforms may require You to download one or more software on one or more devices and such software may update automatically on Your device once a new version or feature is made available by Us, unless You adjust Your automatic update settings.

3.6 Subject to your agreement to comply with this Agreement, We grant you a personal, non-exclusive, non-transferable, non-sublicensable limited right to enter into and use Our Platforms for such lawful purposes.

3.7 We may suspend Your use of Platforms and Services for maintenance and shall make best efforts to give a reasonable prior notice to You in this regard. However, You agree and acknowledge that in cases of any emergency such prior notice may not be feasible and absence of such notice shall not amount to deficiencies of any nature in performance of Our responsibilities. In the event that CXIHUB shall cease its operations pursuant to change in regulations or applicable Law, the same shall not amount to any willful act of deficiency or otherwise om part of CXIHUB and You shall not hold CXIHUB responsible or liable for any direct or indirect consequences of the same.

3.8 You agree and acknowledge that the scope of Services provided by Us is limited to this Agreement and, for avoidance of any doubt, it is hereby clarified that:

(a) We do not provide any investment advice in connection with or related to Cryptocurrencies. Any data or details including of the value, range, volatility of Cryptocurrencies, and events that may affect/ have affected the value of Cryptocurrencies, that may be provided on the Platforms is for information purpose only. You shall not rely on the same either as advice or inducement to invest in Cryptocurrencies. We shall not be liable for any loss suffered by You in connection with any Trade or Transaction involving Cryptocurrencies;
(b) We are not the creators or developers of any Cryptocurrencies and have no control over creation or issuance of any Cryptocurrency. Accordingly, We shall not be held responsible or liable for the fluctuation or volatility in value of any Cryptocurrency at any point in time. We do not advise any Users to invest or speculate in any Cryptocurrency and do not guarantee any returns or profits on such investments or speculations.

3.9 We use our banking service providers only for the receipt of Our service fee and making Our payments. Our banking service providers do not transfer, exchange or provide Cryptocurrencies or any details thereof to Users.

4. USE OF SERVICES BY YOU

4.1 You agree to use Services only for such purposes as permitted by:

(a) this Agreement; and
(b) Law, regulation or generally accepted practices or guidelines applicable in the country of which You are a citizen or a resident or from where You access the Services, if You are a natural Person; or
(c) Law, regulation or generally accepted industry practices and guidelines applicable in the country where You are registered, maintain Your p

4.2 You agree and acknowledge that the Laws applicable in certain countries completely prohibit or restrict the use of any online tool which provides services similar to Services or part of Services offered by CXIHUB. You agree that You will not violate any such Laws and will refrain from using Platforms or Services or parts thereof if the applicable Law so requires. We cannot be held responsible for violation of Laws by You as It is Your duty and responsibility to abide by the Laws applicable to You.

4.3 You agree that it is Your responsibility to determine, collect, report and submit all taxes to the appropriate tax authority, as applicable on the payments You make or receive in connection with Your activities on the Platforms. We shall not be responsible for determining whether any form of taxes apply to the Trade or Transaction made by You, directly or indirectly.

4.4 You agree and understand that while certain parts of Platforms and Services are available to Users free of cost, other parts of Platforms and Services may be provided at a cost. CXIHUB reserves the right to amend these Terms and impose a cost on free parts of Services in future. We will use reasonable efforts to give You a prior intimation as and when any part of free Service becomes a paid Service. If, after being so intimated, any User access paid parts of Services, cost for such paid Services shall become due and payable by such User and We shall have the right to recover the cost for provision of such paid Service from the User

4.5 If You register for accessing Registrable Services, You will be provided access to an online account on the Platforms through which You may access the Registrable Services. It shall be the sole responsibility of the Users to maintain the privacy and confidentiality of their access details (user ID, password etc.) with respect to Registrable Services. Any access to or use of Registrable Services from the registered account of a User shall be construed as access to or use of such Registrable Services by such registered User. With respect to getting and disposing of Cryptocurrencies through the Platforms, Users shall be bound by Service specific obligations detailed in Clause 6 of these Terms, in addition to other obligations contained elsewhere in the Agreement.

5. RESTRICTIONS ON YOUR USE OF SERVICES

5.1 You will not use Services for any purpose that is illegal, unlawful or prohibited by this Agreement. Services are provided to You for Your non-commercial and/ or personal use only. Unless authorized by Us in writing, You will not resell or lease the Services. You will not access (or attempt to access) the Services, or any part thereof, by any means other than as provided by Us.

5.2You will not circumvent or disable any digital rights management, usage rules, or other security features of Our Platforms; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Platforms; and not use Services in any manner that threatens or is likely to threaten the integrity, performance or availability of Services to You or to users generally

5.3You will not attempt to or engage in any activity that may:

(a) reverse engineer, decompile or otherwise extract the source code(s) related to the Platforms or any part thereof, unless it is required by applicable Law;
(b) use any robot, spider, retrieval application, or other device to retrieve or index any portion of the Platforms;
(c) collect content, including information about other users, in any illegal or unlawful manner for any illegal or unlawful purpose;
(d) register on the Platforms to access Registrable Services or create any online accounts, by automated means or under false or fraudulent pretense for using the Services;
(e) transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the Platforms;
(f) use the Platforms in any manner that can damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Platforms, or interfere with any other third party’s access to and/or enjoyment of the Platforms or the Services;
(g) carry out any denial of service (DoS, DDoS) or any other harmful attacks on the Platforms or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the Platforms or any part of the Platforms or any user;
(h) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Platforms; or
(i) obtain any materials or information through any means not intentionally made available by Us, through the Platforms.
(e) transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the Platforms;

5.4 You will not impersonate another Person or impersonate, guide or host on behalf of, or falsely state or otherwise misrepresent Your own affiliation with any Person, including, Our officials, employees, agents, partners, affiliates, dealers and franchisees.

5.5 You will not purchase, use, or access the Services to, directly or indirectly, solicit or attempt to solicit, induce or recruit, engage or in any other way encourage Our employees or consultants to terminate their respective agreements with Us and/or engage with You and/or any third party.

5.6 You acknowledge that it is Your responsibility to comply with Our KYC and AML Policy and not use Our Services for any illegal purposes, including money laundering or other financial crimes. Any action, including those that might not have been foreseen or included in this Agreement, and has the effect of the abusing the bonafide Services provided to you shall be restricted under this Agreement.

6. GETTING AND DISPOSING OF CRYPTOCURRENCIES

6.1 Registered Account: In order to access the Registerable Services, You shall provide such details as CXIHUB may require and register on Our Platforms to create an account (“Registered Account”). You may access the Registerable Services through a Registered Account in such form and manner as further detailed in this Agreement.

6.2 Account Balance: Each Registered Account will be linked with the respective User’s bank account as per the details provided by the User. The Registered Users shall have an option to recharge their Registered Accounts for availing the Services. Users will also be able to view the current balance in their Registered Account, at all times, including the Cryptocurrency balance currently in the User’s account.

6.3Trade Engine: Registered User will be allowed to access the Trade Engine for making Trade and Transactions. Once the User enters the Trade Engine, the User will be able to view/ access the following:

(a) The price at which a Cryptocurrency is available for purchase (“Buy Price”) and sale (“Sale Price”) as per the exchange rate based on the last Trade or Transaction completed on the Platform.
(b) Irrespective of the Buy Price or the Sale Price, the Registered Users shall have the option to input a price while placing a Trade Request to buy (“Bid Buy Price”) or sell (“Bid Sale Price”) a Cryptocurrency.
(c) The Trade Engine shall also display (i) the highest and the lowest price of Cryptocurrencies on in the last 24 (twenty-four) hours; (ii) the total amount of Indian Rupees (“INR”) that has been transacted through the Platforms in the last 24 (twenty-four) hours; and (iii) the total amount of each of the Cryptocurrencies that have been transacted through the Platform in the last 24 (twenty-four) hours.

6.4 Trade Request: You may, using the Trade Engine, place a Trade Request on the Platforms. If in Your Trade Request, Your Bid Buy Price or Bid Sale Price matches with the Bid Sale Price or the Bid Buy Price, respectively, of another User, the Trade or Transaction will be completed. You can choose to cancel any such Trade Requests which have not been completed within [timeline?], by clicking on the ‘X’ icon corresponding to such pending Trade Request. Upon completion of a Trade or a Transaction or a part thereof, the Trade Request cannot be cancelled.

6.5 My Trade Book: My Trade Book shall display all Your (a) Trades and Transactions completed during last [timelines?], under the “All Completed Trades” section; and (b) pending Trade Requests made by You, by indicating “Pending” against such Trade Requests. You agree and acknowledge that You will have the option to cancel a Trade Request only if it is being reflected as ‘pending’ under the My Trade Book and not otherwise.

6.6 Getting Cryptocurrency at Buy Price:

(a) You may place a Trade Request on the Platform through a Registered Account to get a Cryptocurrency from another User, by specifying the amount and nature of Cryptocurrency that You intend to get and thereafter clicking “Buy”. The Trade Engine shall then, automatically pick up the current Buy Price and place Your Trade Request at such Buy Price.
(b) In the event that there is a pending Trade Request for disposing the Cryptocurrency You intend to get at the Buy Price at which Your Trade Request has been placed, Your Trade Request shall be executed immediately and Your Registered Account balance shall reflect the updated statistics accordingly.

6.7 Disposing of Cryptocurrency at Sale Price:

(a) You may place a Trade Request on the Platform through a Registered Account to dispose of a Cryptocurrency, by specifying the amount and nature of Cryptocurrency that You intend to dispose of and thereafter clicking “Sell”. The Trade Engine shall then, automatically pick up the current Sale Price and place Your Trade Request at such Sale Price.
(b) In the event that there is a pending Trade Request for getting the Cryptocurrency You intend to dispose of at the Sale Price at which Your Trade Request has been placed, Your Trade Request shall be executed immediately and Your Registered Account balance shall reflect the updated statistics accordingly.

6.8 Getting Cryptocurrency at Bid Buy Price:

(a) While placing a Trade Request to get a Cryptocurrency, You may choose to input a specific Bid Buy Price which shall be different from the Buy Price. Such input with respect to the Bid Buy Price shall be provided by You when placing the Trade Request, by manually changing the amount in the field displaying Buy Price, and clicking the “Buy” button to place the Trade Request.
(b) In the event that there is a pending Trade Request to dispose of Cryptocurrencies at the Bid Buy Price at which Your Trade Request to get has been placed, Your Trade Request shall be executed immediately and Your Registered Account balance shall reflect the updated statistics accordingly.

6.9Disposing of Cryptocurrency at Bid Sale Price:

(a) While placing a Trade Request to dispose of Cryptocurrency, You may choose to input a specific Bid Sale Price which shall be different from the Sale Price. Such input with respect to the Bid Sale Price shall be provided by You when placing the Trade Request, by manually changing the amount in the field displaying Sale Price, and clicking the “Sell” button to place the Trade Request.
(b) In the event that there is a pending Trade Request to get Cryptocurrencies at the Bid Sale Price at which Your Trade Request to dispose of has been placed, Your Trade Request shall be executed immediately and Your Registered Account balance shall reflect the updated statistics accordingly.

6.10 Non-fulfilment/ partial fulfilment of Trade Requests:

(a) Your Trade Request shall be executed as per Clause 6.6(b) or 6.7(b) or 6.8(b) or 6.9(b), as applicable, by matching Your Trade Request with a corresponding single Trade Request of another User, if available or if a single Trade Request of the corresponding nature, matching Your Trade Request, is not pending, the Trade Engine shall complete Your Trade Request, by matching it with multiple corresponding Trade Requests made by other Users such that Your Trade Request shall be executed in multiple tranches.
(b) In the event Your Trade Request does not correspond with any of the existing Trade Requests made by other Users on the Trade Engine, then Your Trade Request shall automatically move into the list of Trade Requests pending to be matched with an appropriate corresponding Trade Request as and when such request is received.
(e) Until Your Trade Request has been executed, Your Registered Account balance would remain unchanged. In case a part of Your Trade Request has been executed, your Registered Account balance shall reflect updated statistics only with respect to such part execution of Your Trade Request.
(f) While a Trade Request or a part of Trade Request is pending execution, You shall have an option to cancel the Trade Request (or such part of Trade Request as is pending execution) through the My Trade Book tab.

6.11 Getting Cryptocurrency through unfulfilled Trade Requests:

(a)You shall have access to the unfulfilled Trade Requests made by other Users to dispose of Cryptocurrency on the “Last Sell Orders” tab of the Trade Engine. You may choose an unfulfilled Trade Request to dispose of, that You intend to fulfil by disposing of, click on the corresponding “+” symbol and click “Buy” to execute such Trade Request.
(b) The pending Trade Requests placed by the other Users to dispose of Cryptocurrencies shall be listed from top to bottom on the “Last Sell Orders” tab based on the price asked in respect of each such pending Trade Request, with the Trade Request quoting the least price being at the top.
(c) The “Last Sell Orders” tab shall also display the cumulative quantity of Cryptocurrencies made available by the Users through the Trade Engine and if You get Cryptocurrency from the “Last Sell Orders” tab, the Platform shall automatically execute the Trade Request available at the lowest price first, followed by the second lowest price and so on.

6.12 Disposing of Cryptocurrency through unfulfilled Trade Requests:

(a) You shall have access to the unfulfilled Trade Requests made by other Users to get Cryptocurrencies on the “Last Buy Orders” tab of the Trade Engine. You may choose an unfulfilled Trade Request to get, that You intend to fulfil by getting, click on the corresponding “+” symbol and click “Sell” to execute such Trade Request.
(b) The pending Trade Requests placed by other Users to get Cryptocurrencies shall be listed from top to bottom on the “Last Buy Orders” tab based on the price offered in respect of each such pending Trade Request, with the Trade Request offering the maximum price being at the top.
(c) The “Last Buy Orders” tab shall also display the cumulative quantity of Cryptocurrencies made available by the Users through the Trade Engine and if You dispose of Your Cryptocurrency using the “Last Buy Orders” tab, the Platforms shall automatically execute the Trade Request offering the maximum price first, followed by the second highest price offered and so on.
7. OUR KYC AND AML POLICY

7.1 CXIHUB KYC and AML Policy explains how we identify Our Users and ensure that Our Platforms and Services are not used to facilitate money laundering or for funding of any criminal or terrorist activities. By accessing Our Platforms and/ or using Our Services, You agree to abide by Our KYC and AML Policy.

7.2 CXIHUB reserves the right to decline access to Platforms or Services or any part thereof, at its sole and absolute discretion, to its unregistered or Registered Users or to suspend or terminate any such access until a reasonable and satisfactory explanation with supporting documents is provided by a User, as per the CXIHUB KYC and AML Policy, from time to time.

8. YOUR PRIVACY

8.1 CXIHUB Privacy Policy explains what data We collect from You, how We treat such data and protect Your privacy when You use Our Platforms and Services. By using Our Platforms and Services, You agree that We can use Your data according to the CXIHUB Privacy Policy.

8.2 You shall maintain the confidentiality of passwords associated with any device or online accounts that You use to access Our Platforms or Services. You shall solely be responsible for all activities that occur on Our Platforms with use of Your online account or Your device. If You become aware of any unauthorized use of Your Registered Account or Your device, then You shall immediately notify Us.

9. LIMITATION OF LIABILITY AND NO WARRANTY

9.1 Except as expressly provided in this Agreement and to the extent permitted by applicable Law, the Platforms and Services are and shall be provided “as is” and We do not make warranties of any kind, express, implied, or statutory, including those of merchantability, fitness for a particular purpose, and non-infringement or any representations regarding availability, reliability, or accuracy of the Platforms or Services.

9.2 Your use of Services is entirely at Your own risk and We shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, monetary or any other damages, fees, fines, penalties or liabilities whatsoever arising out of or relating to Your use of Platforms or Services, unless expressly agreed to the contrary. You shall be responsible for any breach of Your obligations under this Agreement ot under applicable Law and for any consequences thereof.

9.3 While accessing the Platforms and Services, You may have access to third party links or resources. Since We do not have any control over such links and resources, We are not and shall not be responsible for the availability of such external sites or resources, and do not endorse and are not and shall not be responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party content, goods or services available on or through any such third-party link or resource.

9.4 We disclaim all warranties in relation to access to or provision of Services, whether express or implied, including but not limited to:

(a) Services being constantly available or available at all;
(b) Services being successfully executed in all cases;
(c) Services being always functional without any disruption, delay or error;
(d) Your ability to use the Services, directly or indirectly;
(e) Your satisfaction with the Services;
(f) accuracy of data provided in the course of Services;
(g) security and privacy of Your data at all times;
(h) that all bugs or errors in relation to Services will be fixed or corrected;
(i) that Services will be compatible with all devices, all networks and all browsers;
(j) use of Services will be fit for a particular purpose or use; or
(k) that Services will be accessible in every location at all times.

9.5 You agree and understand that We shall not, directly or indirectly, be liable for:

(a) any failure or delay in the provision of Services due to reasons beyond Our reasonable control, including acts of war, acts of God, earthquake, flood, riot, embargo, sabotage, act of Government, change in policy or applicable Law or failure of the internet;
(b) any loss, harm or damage caused to the User due to discontinuation of any Cryptocurrency offered through Our Platforms;
(c) any disruption of Service, whereby the User is denied access to the Cryptocurrencies, including those stored in the Registered Account on the Platforms;
(d) any loss, harm or damage caused to the User through loss of any Cryptocurrency stored in the Registered Account for any reason whatsoever, save and except due to a wilful and malicious commission or omission by CXIHUB directly resulting in such loss;
(e) any loss caused to the User due to fluctuations in the price or value of Cryptocurrencies. CXIHUB does not guarantee profits from Trade or Transactions involving Cryptocurrencies;
(f) any loss, harm, damage caused to the User due to suspension, cancellation or termination of a Registered Account of the User for, inter alia, User’s violations or non-compliance with the applicable Law, judicial, regulatory or Government orders; or
(g) termination of the Registered Account or restricting access to the Platforms or Services or suspension or cession of Platforms or Services.

9.6 The User shall only be entitled to refund / recovery of the amounts credited to the Registered Account, subject to deductions towards dues owed to CXIHUB and other legal, regulatory or statutory dues or those stipulated by a court of Law. In the event that Cryptocurrencies lying in Registered Accounts are seized or CXIHUB is unable to access or convert the same into INR for payment to User, CXIHUB shall not be held liable or responsible for the same. User is cautioned to avail of the Services subject to the above risk. At no point in time shall CXIHUB, its directors, shareholders, employees, representatives or assigns be held liable for any claims whatsoever for cessation of services or termination thereof. All claims shall be limited to the amounts lying in the account of the User, subject to the abovementioned deductions

10. RISKS

10.1 You agree and understand that You need to be aware of and evaluate a wide range of risk factors in respect of the Trade and Transactions to be made through the Platforms, including the following:

(a) Irreversibility: The Cryptocurrencies that You may get through Our Platform shall be sent to Your CXIHUB wallet or to the Cryptocurrency specific address provided by You. In the event that You lose or delete Your own Cryptocurrency wallet, You shall lose Your Cryptocurrency in it and the same shall not be restored.
(b) Capital Risk: It is necessary for You to consider Your own risk taking capacity before entering into a Trade or Transaction as You may lose part or all of Your capital invested through a Trade or Transaction rather than receiving any returns. Value of Cryptocurrencies is often volatile and subject to large swings in value such that they may even become worthless. There is an inherent risk that losses will occur as a result of Trade or Transactions involving Cryptocurrencies.
(c) Pay-out Risk: You agree and understand that even successful Cryptocurrencies may be unlikely to provide any return on the capital or profit for a number of years after executing a Trade Request to get such Cryptocurrency.
(d) Market Risks: Availability of favorable market and economic conditions are the essential elements contributing to success of any Cryptocurrency. Accordingly, success of any Trades or Transactions may depend on multiple external factors and general economic and political conditions. Cryptocurrencies are subject to high volatility and price fluctuations. Market forces decide the value of such digital assets and We cannot be held responsible or liable for price fluctuations or volatility of any Cryptocurrencies.
(e) Performance Risk: While we understand that You may choose to enter into a Trade or Transaction based on certain projections and/ or forecasts, You agree and understand that any future statements are by their very nature uncertain and susceptible to any changes in the circumstances. Accordingly, financial performance of the Cryptocurrencies cannot be guaranteed. There is risk of loss of confidence in Cryptocurrency Trade and Transactions, which could collapse demand relative to supply. For example, confidence might collapse in Bitcoin because of unexpected changes imposed by the software developers, the creation of superior competing alternatives, a deflationary or inflationary spiral, or due to Governmental actions.
(f) Valuation Risk: You agree and acknowledge that there is generally no market for objectively valuing the Cryptocurrencies and/ or the magnitude of risk involved while entering into a Trade of a Transaction in respect of Cryptocurrencies. There is no guarantee of assured profits to Users from Trade or Transaction in Cryptocurrencies and there is high possibility of heavy losses including the depletion of the entire valuation of Cryptocurrencies.
(g) Information Paucity: Due to the very nature of Cryptocurrencies, it may not be possible for You to get access to all the requisite information or a particular desired information in respect of the origin or owner or creation of Cryptocurrencies. Consequently, You may not have complete, accurate and updated information about the current value and risks associated with a Cryptocurrency.
(h) Restricted Liquidity: Users may not have multiple exit options in respect of purchase of Cryptocurrencies and may be able to realize the returns only in a limited form and manner. Accordingly, investment made by the Users by means of Trade or Transactions may generally be against private, illiquid digital assets. There is no guarantee of liquidity of such forms of digital assets;
(i) Legal, Tax and Regulatory Risks: Users understand that Trade and Transactions are subject to certain legal, tax and regulatory risks and consequences applicable pursuant to a User’s country of residence or country of registration. Users are advised to consult and seek adequate tax and legal advice in this regard and understand the consequences, prior to using the Platform. Cryptocurrencies are, as-yet, an autonomous and largely unregulated worldwide system of value transfer between individuals and is not backed by any Government or central bank backed currencies. Cryptocurrencies being decentralised with no Governmental or regulatory control are high risk investments and Users are cautioned against indulging in speculative trading;
(j) RBI Circulars: Engaging in Trade or Transactions involving Cryptocurrencies are subject to local Laws of each jurisdiction. Presently in India, Reserve Bank of India has issue 2 (two) circulars dated December 24, 2013 and February 1, 2017 to caution Users against transacting in Cryptocurrencies, pending a decision by the regulator. In the event that the regulator so directs, intermediary platforms and facilitators, including CXIHUB, may be required to close all Registered Accounts, Trade and Transactions pertaining to Cryptocurrencies. Users are therefore cautioned that any Services provided by CXIHUB are subject to final decision by Government of India and/ or its regulatory authorities, with respect to the legality of the same.
(k) Technology Risk: Users agree and understand that technology of any nature is susceptible to redundancy, cyber-attack and security breach. Accordingly, any Trade or Transactions made in specific technologies involves a high degree of market and/or performance risk. Confidence in Cryptocurrencies might collapse because of technical problems, for instance, if the anonymity of the system is compromised, or if any Persons are able to prevent any Trade Requests from settling.
(l) Privacy Risk: Users shall take full care and precautions to adopt good online privacy practices in order to protect their own privacy while entering into any Trade or Transaction involving Cryptocurrency.
(m) Unforeseen Risk: Since Trade and Transactions involving Cryptocurrencies is still at a nascent stage, there may be additional risks that might not have been foreseen or identified in this Agreement at this point in time.

10.2 Users agree and acknowledge that the foregoing risks enumerated in Clause 10.1 above are only indicative and illustrative in nature. Users should seek independent legal, tax, financial and technical advice before making Trade or Transactions involving Cryptocurrencies.

11.INTELLECTUAL PROPERTY RIGHTS AND DATA OWNERSHIP

11.1 Use of Services shall, at all times, be governed by and subject to the applicable Laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property and Users agree to abide by such Laws. A User shall solely be responsible for any violation of any Law or for any infringement of any intellectual property rights caused by such User’s use of Services.

11.2 The User shall retain ownership of any intellectual property rights that such User holds with respect to any intellectual property that such User uploads, submits, stores or sends through the Services. Users shall ensure that they have the necessary rights to grant Us the license to provide the Services pursuant to the terms of this Agreement.

11.3 When a User uploads, submits, stores or sends any Intellectual Property through the Services, such User gives CXIHUB a worldwide license to use, copy, transmit, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly display, print, edit, translate, reformat and distribute such intellectual property for the purpose of provision of Services. The rights Users grant in this license are for the limited purpose of efficiently providing Services. This license shall continue to operate even if a User stops using Services.

11.4 Unless specified to the contrary and subject to applicable Law, ownership of all intangible and/or intellectual property developed or existing (including any data generated as a result of Services) shall ab initio rest with CXIHUB. Nothing in these Terms shall be construed as granting of any implied licenses by Us and all rights not expressly granted to a User are reserved solely by Us unless specified otherwise.

11.5 Notwithstanding anything else contained herein and subject to applicable law, ownership of any data generated pursuant Our engagement with Users and/or provision of Services shall rest solely with Us and We may use such data for any purpose in accordance with the CXIHUB Privacy Policy.

11.6 Users acknowledge that certain underlying technology or software used by Us in connection with Services may contain rights of a third party and for use of any such third party’s intellectual property, Users may need to get permission directly from the owner of such intellectual property. All third parties owning any intellectual property have a right to take appropriate actions against any User for any violation, infringement or passing off by such User.

11.7 CXIHUB respects the intellectual property rights of Persons and does not hold any responsibility for any violations of any intellectual property rights by any User.

12. INDEMNIFICATION
12.1Users shall defend, indemnify and hold CXIHUB, and CXIHUB’s officers, directors, employees, representatives, consultants and agents harmless from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitation, reasonable legal fee that may result from or alleged to result from (a) such User’s access to or use of the Services; (b) such User’s breach of any rules, regulations and/or orders under any applicable Law; or (c) such User’s breach of any obligation under this Agreement.
13. TERMINATION

13.1 Each User is bound by the Agreement from the time such User commences using the Services till the time such User ceases to use Services. All the rights and obligations of Users under this Agreement, which either expressly or by their nature survive the termination of this Agreement (such as CXIHUB’s right to be indemnified), shall not be extinguished by termination of this Agreement.

13.2 User may terminate this Agreement by ceasing access to Services in any manner, including disabling access to Registered Services. We may terminate this Agreement with respect to any User by suspending or permanently barring access to Services.

13.3 CXIHUB reserves the right to terminate Users’ access to Services or any part of Services, at any time if:

(a) such User, knowingly or unknowingly, causes direct or indirect breach, as ascertained by CXIHUB, of these Terms or CXIHUB Privacy Policy or CXIHUB KYC and AML Policy or any part of the Agreement;
(b) such User does not pay the requisite cost of using such part of Services which is not provided by Us free of cost;
(c) a third party (if any) with whom We offer Services has terminated its relationship with Us or ceased to offer the related services to Us or to such User;
(d) provision of Services or any part of Services is no longer commercially viable or feasible for Us;
(e) We believe that such User is a repeat infringer of the terms of this Agreement; or
(f) We are required to terminate this Agreement by applicable Law, Government order or order of a court with requisite jurisdiction.

13.4 Upon termination of this Agreement with respect to a User, all the legal rights, obligations and liabilities that such User and CXIHUB have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply to such rights, obligations and liabilities indefinitely.

13.5in the event of termination of this Agreement or closure of CXIHUB, We shall be responsible to account for only such Services, as is within Our control. This liability is also subject to applicable Laws and deductions including towards dues owed to CXIHUB or to any Government or regulatory authority.

14. GOVERNING LAW AND DISPUTE RESOLUTION

14.1 The Services may be provided from and the Platforms may be controlled and operated from and through any country and may be subject to the Laws of that country. When a User accesses the Services from any location, then, the User is responsible for compliance with the local Laws applicable to such User.

14.2 This Agreement shall be Governed by and shall be construed in accordance with the Laws of India. All disputes relating to this Agreement shall be settled in the courts located at Delhi, India.

14.3 Any cause of action arising out of a User’s use of Services must be commenced within 30 (thirty) days after (a) when such cause of action accrues; or (b) such User becomes aware of the facts giving rise to the cause of action, whichever is later, else, such cause of action shall be permanently barred.

15. NOTICES
15.1 We may post notices within the Platforms or send Users notices on the registered e-mail address or the telephone numbers as shared by the Users with Us. Users will deemed to have received such notices, if sent via e-mail, within 24 (twenty four) hours of Us sending the notice. Use of Services by any User after expiry of 3 (three) days from the day notice was sent, shall constitute receipt and acceptance of the notices sent to the User.
16. DISCLAIMER

16.1 The information, software, products, and services forming parts of the Services have been contributed by various Users and may include inaccuracies or typographical errors. Any advice received or inferred via the Services should not be relied upon by the Users for any personal, legal or financial decisions and Users should consult an appropriate professional for tailored advice, specific to such User’s situation.

15.2 We shall not be responsible for viruses, worms, trojan horses and other harmful or destructive content posted by third parties on Our Platforms. CXIHUB disclaims any responsibility for any harm resulting from the use of the Platforms, or from any downloading of content posted on the Platform by other Users.

15.3 Users are deemed to have understood the technology behind creation and circulation of Cryptocurrencies including “Bitcoins” and “Altcoins”. In addition to the terms contained herein, Users shall be bound by the terms and conditions Governing purchase, sale or trading of Cryptocurrencies (including “Bitcoins” and “Altcoins”) as stipulated by the issuers thereof.

17. MISCELLANEOUS

16.1 Confidentiality: Each of You and Us may be given and have access to confidential and proprietary information of the other pursuant to Services provided. None of You or Us will use any of such confidential information for our own corporate purposes or any other purpose without a prior written consent of the Person owning such information and will use our best efforts to keep confidential and not to disclose to any Person any such confidential and proprietary information, except as required by applicable Law.

16.2 Relationship: This Agreement will not be construed to create or imply any partnership, agency or joint venture, or employer-employee relationship between You and Us. You will solely be responsible for the actions and omissions of Your employees, consultants, and agents at all times, including their compliance with this Agreement.

6.3 Severability: If any provision of this Agreement is determined to be unenforceable then such provision will, to that extent, be deemed deleted and the legality, validity and enforceability of the remaining provisions/ part of the provision will not be affected in any way. Any act of either party, done prior to a provision/part of provision being held unenforceable will be deemed to be valid and binding.

16.4 Waiver: Waiver by any one party of any one default will not waive subsequent defaults of the same or different kind, and no failure or delay of either party to exercise or enforce any of its rights, will act as a waiver of those rights.

16.5 Third Party Beneficiaries: Unless agreed otherwise, no of this Agreement will be deemed to confer upon third parties any remedy, claim, liability, reimbursement, claim of action or other right in excess of those existing without reference to this Agreement.

16.6 Assignment: You will not assign or transfer any of Your rights or liabilities under this Agreement to any other Person, however, We may freely assign Our rights and benefits (in full or in part). We may deliver the Services either Ourselves, or, through Our affiliates or any third party.

YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU WILL NOT USE OR ACCESS THE SERVICES IF YOU DO NOT UNDERSTAND, AGREE TO BECOME A PARTY TO AND ABIDE BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. ANY VIOLATION OF THIS AGREEMENT OR APPLICABLE LAW BY YOU MAY RESULT IN A LEGAL LIABILITY UPON YOU. NOTHING IN THIS AGREEMENT SHOULD BE CONSTRUED TO CONFER ANY RIGHTS TO ANY THIRD PARTY.

We reserve the right to modify this Agreement. To review this Agreement, as may be updated from time to time, You may regularly visit Our Platforms.

If You have any questions, You may e-mail Us at support@cxihub.com.

Last Updated on: 09/02/2018.