1.1 For purposes of this Agreement, all the capitalized terms will have meanings assigned below, unless defined within respective Clauses of this Agreement:
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.
2.1 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:
2.3 You may approve of and accept this Agreement by accessing any of the Services offered by Us, including by:
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:
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.
4.1 You agree to use Services only for such purposes as permitted by:
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.
5.1 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:
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.
6.1 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:
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:
6.7 Disposing of Cryptocurrency at Sale Price:
6.8 Getting Cryptocurrency at Bid Buy Price:
6.9Disposing of Cryptocurrency at Bid Sale Price:
6.10 Non-fulfilment/ partial fulfilment of Trade Requests:
6.11 Getting Cryptocurrency through unfulfilled Trade Requests:
6.12 Disposing of Cryptocurrency through unfulfilled Trade Requests:
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.
8.2 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.
9.1 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:
9.5 You agree and understand that We shall not, directly or indirectly, be liable for:
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
10.1 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:
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.
11.1 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.
11.6 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.
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:
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.
14.1 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.
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.
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 firstname.lastname@example.org.
Last Updated on: 09/02/2018.