Zeb IT Service Pvt Ltd, is a private limited company incorporated under the laws of India and having its registered office at, B-10, Siddhi Vinayak Business Tower, S. G. Highway, Makaraba, Ahmedabad 382210, Gujarat, India.) (herein after referred to as “Zebpay”, which term shall refer to and include its owners, directors, investors, employees, officers, representatives, affiliates, or other related parties). Zeb Ventures Pte Limited, a company incorporated in Singapore and having its registered office at 10 Anson Road, #26-10 International Plaza, Singapore 079903 hereinafter referred to as “Zeb Venture” which expression shall unless repugnant to the context or meaning thereof shall mean and include its successors and assigns. Zeb Venture is engaged in the service of providing a platform for the buying and selling of bitcoins and other cryptocurrencies through its mobile application known as Zebpay App, being listed on Android and iOS platforms;
Zebpay provides facilitation services,inter alia, the Zebpay Android App, Zebpay iPhone App (collectively, “Zebpay App”) and the Zebpay website at “www.zebpay.com”(“Zebpay Website”, and collectively with the Zebpay App, the “Zebpay Platform”), in addition to other current or future services, products,features, technologies, and functionalities across a variety of platforms (collectively “Zebpay Offers”). Zebpay App, Zebpay Website, Zeb Venture and Zebpay Offers are collectively referred to hereunder, as “Zebpay Services”, and any account opened by a User with Zebpay to avail of the Zebpay Services in any form shall be referred to as a “User Account”. The terms governing such offer of services, the consideration payable, limitations applicable thereto and the representations and warranties of Zebpay are more fully set out herein. Zeb Venture reserves a right to collect from Users of Zebpay a fee by whatsoever name called for facilitating transfer of cryptocurrencies amongst the wallets including but not limited to blockchain network.
Users are required to read, review, understand and agree to the terms hereunder for using or availing of the Zebpay Services, by clicking on the “I Accept” option in the Zebpay App. Upon clicking “I Accept” in the Zebpay App, or upon availing of any part of the Zebpay Services, or upon applying for the opening of a User Account on the Zebpay Platform, a User indicates their acceptance of the terms of this Agreement and their intention to be bound by it. By executing this agreement, Users are deemed to have understood the technology behind the creation and circulation of cryptocurrencies, including “Bitcoins”, are deemed to have understood and accepted the risks inherent in dealing in cryptocurrencies and in availing of the Zebpay Services, and are deemed to have expressly given their consent to be bound by the terms herein, including the representations, warranties and disclosures set out hereunder. Once the terms contained hereunder are accepted by a User, the same shall be binding on such User while availing of the Zebpay Services in any manner whatsoever, and subsequent to such User’s use of the Zebpay Services. Every User shall ensure that no third party uses its account on the Zebpay Platform, and that such User uses the Zebpay Services only for its own account and for its own benefit. Further, 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”, as stipulated by the issuers thereof. Users shall be permitted to avail of the Zebpay Services including the User Account only after reading the terms herein and in the policy documents set out hereunder and after accepting the same.
I LIMITATIONS ON USE OF ZEBPAY SERVICES
a) Zebpay offers a platform for trading in cryptocurrencies through the Zebpay Platform. Presently the platform offers trading in Bitcoins, although the Zebpay Services may extend to other cryptocurrencies as well in the future (for which all of the terms contained herein will apply). Zebpay is neither the creator nor the administrator of any cryptocurrencies including Bitcoins, and is not in any way responsible for the global pricing of any cryptocurrency, the operation of any blockchain with respect to any cryptocurrency, or the mining process in relation to any cryptocurrency. It merely facilitates the tradingin cryptocurrency by Users on the Zebpay Platform, and does not engage in such trading itself, or buy or sell any cryptocurrency for its own account or for its own benefit. Zebpay has no control over the generation, distribution, retention (except in its wallets), verification, termination, or market volatility of any cryptocurrencies. It merely acts as an intermediary for the trading in cryptocurrencies by User, and provides other ancillary services in relation thereto, which are more fully set out hereunder.
b) Zebpay does not provide any warranty of any kind, either express or implied, in relation to the Zebpay Services. The Zebpay Services and the products offered therein, including facilitation services for the trading ofcryptocurrencies between Users, are provided on an “as-is”and “as available” basis. Users avail of the Zebpay Services, and deal in cryptocurrencies at their own risk and with full awareness of the risk of the possiblediminishment, devaluation and (potentially) complete loss of the entire holding or valuation of the User Account and all cryptocurrencies held therein, in the event of the occurrence of any of the risk factors outlined in this Agreement (as well as other risk factors inherent in any transactions involving cryptocurrencies), including, but not limited to, changes in the regulatory or legal regime in India and/or outside India,andany legal, regulatory, contractual or other restrictions that may be placed on Zebpay. It is hereby expressly declared that Zebpay offers no warranty of any kind regarding the Zebpay Services.
c) Zebpay Services are strictly available for use only within India, to the extent (and till such time) that transactions or trading in cryptocurrencies are permitted and not been curtailed in such parts of India. In the event that a User resides in any such jurisdiction within India where any transactions in cryptocurrencies may be prohibited (“Prohibited Jurisdiction”), Users are not permitted to usethe Zebpay Services in any form (“Prohibited Jurisdiction Use”). Any Prohibited Jurisdiction Use will amount to a breach of this Agreement, and Zebpay shall forthwith be entitled to terminate this Agreement and the use and operation of the relevant User Account, shall extend all cooperation to the relevant governmental and enforcement authorities, and shall not be liable in any manner whatsoever for any Loss arising out of such, in relation to, or subsequent to such Prohibited Jurisdiction Use. Users are therefore duly warned against availing of the Zebpay Services in any manner whatsoever in or from a Prohibited Jurisdiction, or from anywhere outside India. Users shall be solely responsible for ensuring compliance with this requirement, and for compliance with the laws and regulations of the jurisdiction in or from where they are availing of the Zebpay Services. Subject to confirmation by the User to be bound by the terms contained herein, and compliance with the terms contained herein at all times, Zebpay hereby grants to the User a personal, revocable, non-exclusive, non-transferable, non-sub-licensable, and limited right to use the Zebpay Services.
d) Users are hereby duly cautioned that presently in India, ‘virtual currencies’(including all cryptocurrencies) have not been recognised or authorised as a medium for payment, as a commodity for trade, or in any form, by central bank, monetary authority, or governmental or regulatory bodyin India. The Reserve Bank of India (“RBI”) has currently issued threepress release viz.dated 24th December 2013, 1stFebruary 2017and 5th December 2017 respectively, cautioning users, holders and tradersagainst the use of, and trading in,virtual currencies. Copies of these circulars are available on the Zebpay Website at www.zebpay.com/legal. Users hall therefore avail of the Zebpay Services subject to the above caution issued by the RBI, and should be aware of the regulatory and financial risks inherent in dealing with cryptocurrencies in any manner.
e) Zebpay may use third party service providers to render some or all of the Zebpay Services, or for facilitating the same. User agrees to the use of such third parties, and hereby provides consent for collection, analysis, use, dissemination and retention by such third parties of any and all personal data, or and sensitive personal data and information, of the User. User shall be bound by the terms of service of such third parties to the same extent as Zebpay would be bound. Zebpay shall however not be responsible or liable for any act, inaction, commission or omission by such third parties, including with respect to data protection, privacy, security practices, or compliance with applicable laws and regulations with respect thereto, including (but not limited to) the Information Technology Act 2000.
f) These terms shall be applicable to all existing and new Users. Zebpay reserves the right to modify or amend the terms herein, and an intimation thereof shall be sent to existing Users, who may decide to opt out of the Zebpay Services at such time by intimating Zebpay of such intention in writing. Continued use of the Zebpay Services shall be deemed to amount to confirmation and acceptance of the modified or altered terms hereof.
g) The Parties agree that the terms set out hereunder arein consideration of good and valuable consideration, and shall be and are intended to be binding on both Parties.
II SCOPE OF SERVICES
a) Zebpay offers a platform for its registered Users to buy or sell Cryptocurrencies on the Zebpay Platform. Presently Zebpay offers its services in facilitating and providing a platform for Users to buy and sellcryptocurrencies to and from each other (and not to or from Zebpay, directly or indirectly).
b) Subject to the conditions set out above, Users may utilize the Zebpay Services to purchase and/or sell cryptocurrencies to and from each other, using the Zebpay Platform. The authentication of such buyers and sellers is the sole responsibility of the concerned User(s), and Usersare required to ensure that all of the Zebpay Services are availed of only for legal purposes and through legal means.
III ZEBPAY ACCOUNT
User may open a User Account subject to the following conditions:
a) Opening of User Account.
i. User may create a User Account by first downloading and installing the Zebpay App on their Android smartphone or iPhone by using the Play Store or App Store, as applicable, subject to the terms contained herein.
ii. User shall comply with the procedures prescribed for opening the User Account, including providing a valid and subsisting email address and completing the verification process and providing all requisite details and documents.
iii. Zebpay reserves the right to reject opening, registration or validation of a User Account on any grounds it deems suitable, at its sole discretion, with due regard to legal and regulatory considering concerning cryptocurrencies.
b) Data Disclosures & Consent.
i. User hereby allows access to and consents to Zebpay availing of and using the personal data and sensitive personal data and information of the User including but not limited to:
1. name, address, contact informationidentification documents and details contained therein;
2. mobile numbers and IP addresses from which the Zebpay Services are being accessed; and
3. identity numbers and details of all equipment utilised to access or avail of the Zebpay Services, including devices from which the Zebpay Services are accessed; the device numbers, model and such or other details that may be culled out through automated processes; IMEI, ISMI, operating system, device model, RAM, CPU and other details for computers and mobile phones,unique installation number, iCloud device or email id for Apple products, fingerprinting details and other sensitive personal information required for allowing or completing the transactions envisaged herein, as Zebpay’s sole discretion.
ii. Zebpay may call upon User to furnish additional details and / or documents, either pursuant to governmental or regulatory compliance or due to modifications in any terms contained herein. User hereby agrees and undertakes to comply with the same within the timelines prescribed.
C) Know Your Customer Compliance.
In addition to the terms contained herein, Users shall be bound by the terms of Zebpay’s Anti-Money Laundering Policy (“AML Policy”), which is available at https://www.zebpay.com/aml-policy/. By virtue of using any part of the Zebpay Services, and/or by virtue of accepting and entering into this Agreement, Users are deemed to have accepted, and to have agreed to comply at all times with, the terms ofthe AML Policy. Only Users complying with the following Know Your Customers (“KYC”) procedures, as well as all terms and procedures contained in the AML Policy, would be allowed to avail of the Zebpay Services:
i. Users shall provide the following details,along with digitized copies of supporting documents for such details, simultaneously with the application for a User Account on the Zebpay Platform, failing which the User Account shall not be activated:
1. Name in Full, as in the PAN card / Bank Account;
2. Contact Number;
3. Email Address;
4. Digitized copy of the PAN card;
5. Bank Account Details including the Bank Account Number; Account Holder’s Name in full.
ii. User hereby consents to retention of the above details and documents by Zebpay for its own use, for as long as Zebpay deems necessary. Zebpay shall be entitled to retain the above details and documents even for of those Users whose registration has been rejected by Zebpay.
iv. An Aadhaar card must be provided by all prospective Users, as Zebpay will use Aadhaar details to carry out verification procedures for each such User’s identity and residence. However, Zebpay may call for additional documents as well during the KYC process, at its discretion.
d) Verification Process.
ii. Zebpay may, at its sole discretion, send to the User intimation of reasons for non-activation of a User Account. Zebpay is not under any obligation, however, to provide such notice.
iii. Only natural or legal persons with a valid Indian PAN Card and an Aadhaar card may apply for a User Account and avail of any part of the Zebpay Services. Upon verification, if the PAN Card details furnished by a User are found to be falsified, invalid or otherwise inaccurate, Zebpay shall forthwith terminate the relevant User Account without notice to the concerned User.
iv. Existing Users may be called upon to comply with the KYC and verification process contained in this Agreement and in the AML Policy. In the event of termination or deactivation of an existing User Account, Users shall be duly intimated by Zebpay, along with reasons for such deactivation and the procedures for redress (if any). Delay in termination of such User Accounts shall not amount to a waiver of the mandatory information and documentary requirements contained in this Agreement and in the AML Policy.
IV TERMS OF PAYMENT
a) Users shall be bound by the policies, rules and User Guidelines prescribed by Zebpay periodically, the terms of which shall form part of this Agreement.
b) User is hereby cautioned that Zebpay does acceptany payments in cash and has not authorised any person whatsoever to accept any payments in cash. User is advised not to give cash to any person, irrespective of any representations that such person may make with respect to creating an account or depositing suchamounts with Zebpay or with another User on behalf of such User. User is also hereby cautioned that each User Account is intended only for the use of that single User, and no other person. Hence no User is permitted to either offer or accept from any another person, services in relation investing in any cryptocurrencies through another User Account.
c) Users are required to conduct all transactions in relation to the Zebpay Services only through their own, duly authenticated, and legally opened and maintained bank accounts in India. All payments shall be made in Indian Rupees (INR) for purchase or sale of cryptocurrencies on the Zebpay Platform. Subsequent to any transaction on the Zebpay Platform, User shall ensure that immediate intimation of payments made, the bank details from which such payment was made and the Zebpay account to which such payment to be credited,is made to Zebpay through the Zebpay App. Any payments made without furnishing these details shall be deemed to be unaccounted payments, and Zebpay shall not be liable for any non–accounting, non-crediting or other treatment of such sums, or of the cryptocurrencies pertaining to such sums, to the relevant User Account. Zebpay shall also not be responsible for any Loss that may be caused to the User due to such non–crediting of the said sum, including losses from any fluctuations in the price of cryptocurrenciesthat occur during the time it takes Zebpay to verifythe above details, or on account of the non–transfer or non-credit thereof. User shall be solely responsible for ensuring prompt intimation of the above details to Zebpay to ensure immediate completion of the transaction of the purchase of the concerned cryptocurrencies. Zebpay shall not be responsible or liable in any way for any unaccounted payments deposited to anybank account from unregistered or anonymous Users. Zebpay shall be entitled to appropriate such unaccounted payments to its account, and User shall forfeit the same, if the verification details sought for above are not furnished to Zebpay by the relevant User within seven days of the date on which the transaction is effected by the User.
d) Zebpay offers the Zebpay Services for consideration in the form of transaction fees, as intimated to User prior to completion of the transaction. User hereby agrees to make the payment of such transaction fees, on terms set out on the Zebpay Website. All payments due to Zebpay shall be automatically debited from the relevant User Account, and User consents to such debit on a periodic basis. Any transaction fees due from a User, which cannot be debited from the concerned User Account on account of an insufficiency of funds, or for any other reasons whatsoever, shall be charged to such User through an invoice issued by Zebpay to the User, which shall be paid by the User in accordance with the terms set forth in such invoice. All payments to Zebpay shall be in INR.
e) Any payments to be made by Zebpay to any User in relation to any transaction entered into between Users (and facilitated by Zebpay on the Zebpay Platform) shall be made after all appropriate deductions and withholding is made, as per applicable Law.
Zebpay has zero tolerance towards use of any portion of the Zebpay Services for or in connection with any illegal or unlawful purpose. Any such use of the Zebpay Services by any User shall result in forthwith termination of the relevant User Account, and Zebpay shall cooperate with governmental and regulatory authorities in the reporting and investigation of such actions (including by providing any information and details that such User has provided to Zebpay).
a) Users shall be bound by the terms of the AML Policy at all times, in addition to the terms contained herein. The terms of the AML Policy shall be read as part and parcel of this Agreement.
b) Users shall ensure that the terms of the AML Policy are strictly complied with at all times, both during and after the User’s use of the Zebpay Services. Zebpay shall not allow the Zebpay Services to be used for any illegal or criminal purposes, including (but not limited to) money laundering and the funding of terrorist activities.
c) Zebpay shall report all suspicious activities to the concerned authorities to ensure initiation of investigation and prosecution. Users are therefore strongly cautioned against misuse of the Zebpay Services in any manner for illegal activities.
d) Acceptance of the terms herein shall be tantamount to acceptance of the AML Policy and the terms contained therein. Users are required to read, understand and affirm the AML Policy before clicking the “I Accept” button to these Terms of Service. Zebpay may periodically review and revise, modify or update the AML Policy to ensure that it complies with all requirements of applicable Law, and for any other reason that it may deem suitable at its sole discretion. By accepting the terms contained herein and by continued use of the Zebpay Services, Users are deemed to have agreed to such revised terms of the AML Policy and shall be bound by the same. Non-receipt of such intimation shall not exonerate User from complying with the revised AML and KYC Policies. Users who do not wish to abide by the same may decide to opt out of the Zebpay Services at such time by intimating Zebpay of such intention in writing, and such Users shall not be permitted to avail of the Zebpay Services in any way after such intimation.
e) Zebpay reserves the right to decline or discontinue, as the case may be, any User Account, at its discretion, with present as well as prospective Users at all times. In the event of any suspicious activity being disclosed, or if a User is suspected of abusing the Zebpay Services in any way, Zebpay shall have the right to suspend or terminate the relevant User Account of a User, and this Agreement shall stand terminated forthwith.
f) Where applicable, intimation of such suspension or termination shall be duly sent to the User and the accumulated monies or cryptocurrencies in the account of such User shall be duly secured and shall accrue in favour of such User, unless otherwise appropriated by Zebpay towards dues owed to it, or retained pending confirmation from a regulatory or statutory authority or in compliance with an order from a governmental or regulatory authority, court, or quasi-judicial body. Amounts lying in any User Account suspected of being associated with anyactivity that contravenes any applicable Law, or of abusing the Zebpay Services, shall not be released in favour of any User until an appropriate order is received from a governmental, regulatory, judicial or quasi-judicial body that is competent to pass such an order.
VI USER GUIDELINES
a) Users shall ensure strict compliance with the following user guidelines set out hereunder (“User Guidelines”), as well as the terms of the AML Policy:
i. Users shall ensure that they provide current, accurate, and complete information during the process of opening the User Account, and shall ensure that all such information is updated immediately upon any change of circumstances, or when prompted to do so by Zebpay.
ii. User shall not divulge their account details to any third parties, including other Users. Users shall be solely responsible for ensuring the confidentiality and protection of the data pertaining to their User Account.
iii. Users shall not share their account passwords with any third parties, including other Users.
iv. Users shall not allow any third parties (including any other Users) to use their User Account in any manner, or to derive any benefit whatsoever from such User Account. Each UserAccount is intended for the use of a single User, who has registered with Zebpay in the manner prescribed under this Agreement and in the AML Policy. Each User is only permitted to have one User Account, and cannot open or maintain multiple User Accounts, or attempt to operate or gain access to another User Account (irrespective of whether the consent of such User has been obtained for such use or access).
v. User shall be wholly responsible and liable for all activities that occur in relation to, or in connection, their User Account, irrespective of whether the User has personal knowledge or controlin relation to such activities.
vi. Users shall utilise the Zebpay Services only for their personal purposes, and not for any commercial, industrial or professional purposes whatsoever.
vii. Users shall use the Zebpay Services only for lawful purposes and shall not use any part of the Zebpay Services, for or in connection with any action or conduct which may amount to a violation of any applicable Law. Users shall be solely liable for all consequences (whether under applicable Law or otherwise) of any activities in connection with their User Accounts that contravene applicable Law in any manner whatsoever.
viii. Without prejudice to the generality of the above, Users shall not use the Zebpay services for any unlawful purpose, including but not limited to money laundering, terrorism or any other illegal activity. Users shall also not use or avail of the Zebpay Services to convert illegal or wrongful gains, including those from criminal activities.
ix. Users shall comply with the IPR policy set out herein and shall not violate the proprietary rights of Zebpay, or of any third party.
xi. Users shall ensure that true and correct details are furnished to Zebpay including allinformation required for the account opening process and the KYC process (both during User onboarding and on an ongoing basis); transactional details and such or other information, details and clarifications thatZebpay may require from time to time;
xii. Users shall not make any misrepresentation in any communication to Zebpay, or with respect to any information or details rendered to Zebpay at any time, and shall not otherwise attempt to misinform or misguide Zebpay in any manner. Users are hereby duly informed that Zebpay shall share all such details with regulatory or legal authorities, as required under applicable Law, and the User shall be solely responsible for the correctness and veracity of the contents thereof. Zebpay shall have no liability whatsoever for any inaccuracy or falsehood in any information, document or communication from a User.
xiii. User shall ensure that the source of the monies used for purchase or transfer of cryptocurrencies on the Zebpay Platform is entirely lawful, and that such transfer is made from a legal Indian bank account of such User. User shall be solely liable for any illegality with respect to the source of funds used for transactions on the Zebpay Platform, or for any other illegality with respect to such transactions.
xiv. User shall not misuse or abuse the Zebpay Services in any manner. In particular, User shall not:
1. Violate these terms or the terms of the policies and guidelines prescribed by Zebpay;
2. Upload or share any information belonging to another person which the User does not have any right to share;
3. Impersonate another person, including any other User;
4. Upload or share any information that is invasive of another person’s privacy;
5. Upload or share any information that is grossly harmful, harassing, blasphemous, defamatory, libellous, obscene or pornographic;
6. Put forth any information that is hateful, or racially, ethnically objectionable, disparaging;
7. commit any act relating to or encouraging money laundering or gambling;
8. Do any act that is paedophilic or harming minors in any way;
9. Infringe any patent, trademark, copyright or any other proprietary rights of Zebpay or of third parties;
10. Violate any law in India for the time being in force;
11. Deceive or mislead or communicate any information, which is grossly offensive or menacing in nature or about the origin of messages containing such information;
12. Upload any information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
13. Do any act that 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 prevent investigation of any offence or insult any other nation;
14. Knowingly host or upload any information or initiate the transmission of any information mentioned above from points (ii) to (xiii):
15. User shall take reasonable measures to secure personal devices and information contained on it. User will ensure not circumvent any law in force by changing the technical configuration of personal devices, which has the capability to change their normal course of operation other than what it is supposed to perform.
xv. User shall not induce or entice other persons to avail of the Zebpay services or to open accounts.
xvi. Zebpay does not encourage Users to promote or advertise its services. Participation in its referral program is limited to Users sharing their experience with peers and the same should not be to misrepresent or mislead any third parties. Users shall not make any representations or any warranties with respect to Zebpay services to any third parties. Users are not allowed to represent Zebpay in any manner whatsoever and shall be solely liable for any third parties acting on their representations or statements.
xvii. Users shall bear all responsibility for maintaining the confidentiality of their account information, including User Name, password / PIN, safeguarding their User Accounts including the cryptocurrencies stored therein; undertaking / implementing reasonable security measures to protect the same from malicious attacks or inadvertent losses and for any activity including transactions that are undertaken from the User Account.
xviii. Zebpay shall take reasonable measures to ensure security of their infrastructure but shall not be responsible or liable for any Loss arising due to breach or violation of third party infrastructure.
xix. User shall be responsible for the confidentiality of the transactions in their account. Users have been duly notified that their transactions are not anonymous and that transaction activity will be shared if called upon by any legal, governmental or regulatory authority.
xx. User shall notify Zebpay through “ticket.zebpay.com” immediately upon noticing any suspicious activity on their User Account, or any unauthorized use of the User Account or their password or login details, or any breach of security in relation to the User Account. Zebpay shall not be liable for any Loss caused to the User as a result of such unauthorised use or access, if such Loss occurs pursuant toa failure to notify Zebpay in a timely manner.
xxi. Users are cautioned against undertaking any suspicious activity or suspicious transactions on their User Accounts. In the event of any suspicious or large transactions being undertaken on a User Account, Zebpay shall have the right (but not the obligation) to verify such activity and carry out further KYC procedures, and if required, to suspend the transactions or freeze the relevant User Accounts, till compliance by the User with Zebpay’s authentication processes (as described in this Agreement or in the AML Policy) to Zebpay’s satisfaction. Zebpay shall be entitled to call for all such transaction details, as it deems fit. Zebpay shall not be liable for either taking such action to suspend or terminate such accounts, or for any inaction on its part, in the event a suspicious transaction is undertaken with respect to a User Account.
xxii. User shall not be entitled torequest or claim any reversal of transactions that have been confirmed by the User, as cryptocurrency transactions cannot be reversed;
xxiii. User shall ensure that they do not wilfully or erroneously interfere or tamper with, or alter in any unauthorised manner, the Zebpay Platform. Any loss or deletion of cryptocurrencies on account of such unauthorised use is permanent and cannot be reversed. Zebpay shall not be responsible or liable for any Loss caused due to such tampering, interference or use.
xxiv. Before making any direct transfers or sale of cryptocurrencies to another User on the Zebpay Platform,User shall carefully verify the particulars of such transaction, including the sum and quantum of cryptocurrency involved, and the recipient. Any errors in any transaction entered into on the Zebpay Platform is irreversible,and User will not be able to retrieve such cryptocurrencies once they are transferred. Zebpay shall not be responsible for effecting any such reversals and will not be liable for any Loss arising from any error, omission, misapprehension or misconception on the part ofthe User.
xxv. User shall not invest in cryptocurrencies under any assumption of high earnings or profits. Cryptocurrencies being digital assets issued by private entrepreneurs are subject to market risks and volatile pricing, which may even render them worthless. Users are therefore cautioned of the inherent risks involved in procuring cryptocurrencies;
xxvi. In the event that any transfers of cryptocurrencies are erroneously credited to the User Account, the User is bound to report the same and to arrange to refund or transfer it to Zebpay or to the rightful owner, as confirmed by Zebpay. Failure to do so would amount to a material breach and in addition to remedies available through court processes, Zebpay shall be entitled to block the such amounts lying in the User Account and debit the same for remedying the erroneous transfer.
b) The above requirements are mandatory to ensure security of the User accounts and to ensure authenticity of the same. Failure to comply with any of the above shall amount to a material breach, which may result in suspension, cancellation and / or termination of the User account and Zebpay shall be entitled to claim compensation for anyLoss due to such material breach by a User.
VII USER RIGHTS
a) Subject to compliance of the above User Guidelines, User is entitled to the benefits of the Zebpay Services;
b) Zebpay shall take all measures to ensure rendering of its services to User. Zebpay shall however not be responsible or liable for disruption or cessation of Zebpay Services due either to Regulatory, Governmental or Judicial actions or technical issues or due to circumstances beyond their control.
c) Users shall bear all liabilities towards taxes, as applicable.
VIII REPRESENTATIONS AND WARRANTIES
a) User understands that Zebpay is not the creator or developer of any cryptocurrency. Zebpay has no control over the generation, issuance, recording, verification or storage of any cryptocurrency, the maintenance of any ledger entries with respect to any cryptocurrencies, or any operations with respect to the blockchain for any cryptocurrency. Zebpay cannot be held responsible or liable for the fluctuation or volatility of the price of any cryptocurrency, and does not have any control over the price fluctuations in any cryptocurrency. Zebpay does not provide any advisory services with respect to any investment, including any potential investment in any cryptocurrency, and does not guarantee any returns or profits on such investment. Zebpay does not extend any warranties with respect to any of the products or cryptocurrencies which are made available by Users on the Zebpay Platform.
b) User hereby confirms that it has not been canvassed, solicited or encouraged by Zebpay to invest in any cryptocurrency, or to otherwise avail of the Zebpay Services, in any manner whatsoever, and that User has arrived at an independent decision to avail of the Zebpay Services of their own volition.
c) User has reviewed and understood the following, and has decided to engage in cryptocurrency transactions and to avail of the Zebpay Services in full knowledge of the following:
1. Cryptocurrencies like “Bitcoins” are merely software, as reflected in the relevant blockchain and in the public addresses of Users, that creates a digital asset, which is not regulated by any central authority and has no independent existence.
2. The price or value of such cryptocurrency is not set or regulated by any central or governmental authorities.
3. Cryptocurrencies such as bitcoins do not even have an identified creator.
4. Zebpay only offers a platform to users for rendering the Zebpay Services set out herein, and performs only the role of an intermediary. Zebpay does not advise on the purchase or sale of any cryptocurrencies, does not guarantee returns from any investment or transactions, and does not itself buy or sell any of the cryptocurrencies that are made available for purchase or sale by Users on the Zebpay Platform.
5. Users are cautioned against speculative investments in cryptocurrencies, in the light of the above and are directed to avail these services, including purchase or sale of cryptocurrencies or investing therein, upon fully understanding the technology that has created cryptocurrencies and subject to the risks that arise from such an unregulated asset, which only exists in digital form.
ii. Risk Factors
1. Cryptocurrencies being a digital asset are subject to loss, harm or damage arising due to unforeseen circumstances inadvertent errors, offensive attacks, or closure of business;
2. These risks set out herein above include possibility of either servers on which cryptocurrencies are hosted going out of service; or the Zebpay servers becoming dysfunctional; disruption of services; inadvertent deletion of an asset class; offensive attacks including through hacking, virus, denial of service, or technology induced attacks on either the infrastructure hosting the cryptocurrencies or on the user’s personal devices.
3. Cryptocurrencies also run the risk of destruction through unforeseen circumstances i.e., technology induced or other forms of disruptions, which have not come to the fore till date.
4. Bitcoin is an as on date an autonomous and largely unregulated worldwide system of value transfer between individuals. It is not backed by any government or central bank backed currencies. India has issued cautions against dealing in the said cryptocurrency, as well as other cryptocurrencies and ‘virtual currencies’;
5. There is also the risk of loss of confidence in cryptocurrency trading, which could collapse demand relative to supply. For example, confidence might collapse in cryptocurrenciesbecause of unexpected changes imposed by the software developers, the creation of superior competing alternatives, a deflationary or inflationary spiral, or due to governmental actions. Confidence might also collapse because of technical problems, for instance, if the anonymity of the system is compromised, or if any entity is able to prevent any transactions from settling;
6. Trading in cryptocurrenciesrequires some effort on the part of the User to ensure that his / her privacy is maintained. Cryptocurrency transactions are stored publicly and permanently on the network. This means that a User’s balance and transactions is viewable by the public.
7. However, the identity of the user behind a cryptocurrency address remains unknown until information is revealed during a purchase or in other circumstances.
8. Users have to therefore full care and precautions to adopt good practices in order to protect their own privacy. Additionally, all Users must also be cautious and aware of the following:
a. User should carefully assess whether their financial situation and tolerance for risk is suitable for buying, selling or trading cryptocurrencies;
b. Zebpay uses banking service providers only for the receipt of client money and making payments. The said banking service providers do not transfer cryptocurrencies, exchange cryptocurrencies, or provide any services in connection with cryptocurrencies;
c. Zebpay does not entertain Refund and Cancellation in any circumstances;
d. Zebpay Website does not store, send or receive cryptocurrencies. cryptocurrenciesexist only by virtue of the ownership record maintained in the blockchain network;
e. Any transfer of title in cryptocurrenciesoccurs within a decentralized nodalnetwork, and not on the Zebpay Website.
1. Zebpay has taken all reasonable efforts to secure its infrastructure. Zebpay however has no control over the infrastructure in which cryptocurrencies are hosted outside of its own network or over the personal devices of users.
2. Cryptocurrencies being a digital asset are subject to known and unknown risks, malicious attacks and inadvertent losses. Such digital assets require very high security measures to be undertaken for protection at all levels, including by the User.
1. Cryptocurrencies are subject to high volatility and price fluctuations. Market forces decide the value of such digital assets and Zebpay cannot be held responsible or liable for price fluctuations or volatility of any Cryptocurrency. There is no guarantee of assured profits to Users from procuring or trading in cryptocurrencies and there is high possibility of heavy losses including the depletion of the entire valuation of cryptocurrencies;
2. There is no guarantee of liquidity of such forms of digital assets;
3. Cryptocurrencies being decentralised with no governmental or regulatory control are high risk investments and users are cautioned against indulging in speculative trading;
1. Engaging in transaction including buying, selling, receiving or retaining cryptocurrencies are subject to local laws of each jurisdiction. India currently has no regulatory regime in place for cryptocurrencies, and there is a risk that cryptocurrencies will be subject to regulation (or even an outright ban) from one or more of India’s regulatory authorities with respect to fiscal operations, securities, etc. Various regulatory authorities are currently discussing and considering regulatory changes, which may be introduced in the near future and may adversely affect the legality and enforceability of transactions involving cryptocurrencies.
2. Presently in India, RBI has issued 3press release viz. dated 24th December 2013, 1stFebruary 2017 and 5thDecember 2017 respectively (available on the Zebpay Website at www.zebpay.com/legal), wherein RBI has cautioned users against transacting in cryptocurrencies. In the event that the RBI or another regulatory authority so directs, intermediaries including Zebpay will be required to close all accounts on their platforms, and transactions pertaining to cryptocurrencies will become illegal and unenforceable. Such regulation may come into force at any time, and it is not possible to determine how cryptocurrencies will be treated under applicable Law in future. Users are hereby cautioned that any transactions in cryptocurrencies using the Zebpay Services are subject to the regulations, orders etc that may be made, passed or implemented by Indian governmental, regulatory and judicialbodies.
vi. Irreversible Errors
1. Most cryptocurrency transactions, and “Bitcoin” payments in particular, are irreversible.
2. Users are cautioned that erroneous or inadvertent transfers of any cryptocurrencies (or other cryptocurrencies) cannot be reversed irrespective of the reasons for such error. This is applicable for both direct transfers by User of any cryptocurrenciesto other cryptocurrencyusers or through the Zebpay Services. This is so even if the transfer is to another Zebpay User.
3. User may therefore exercise due care and caution before completing any transaction of cryptocurrencies. Zebpay shall not be responsible or liable for any loss arising from any such transactions by Users.
1. Zebpay does not guarantee the privacy of User details or transactions;
2. Whilst Zebpay takes all care and caution to ensure protection of User information, when called upon, Zebpay is mandated to and shall provide details to government or regulatory authorities;
3. Users are therefore cautioned against using any circumventing or obfuscating methods to hide their personal details including IP address and from providing any incorrect or misleading or false details or documents.
d) Zebpay takes best efforts to provide uninterrupted services to its customers but it shall not be responsible or liable for disruptions or cessation of Zebpay Services beyond the control of Zebpay. Zebpay does not give any guarantee for uninterrupted access or against any delay, failure, errors, omissions or loss of transmitted information.
e) Zebpay may suspend use of Zebpay App and Services for maintenance and will take best efforts to give reasonable notice. However, in cases of emergency such prior notice may not be feasible and absence of such notice shall not amount to deficiencies of any nature, which User is hereby required to acknowledge.
f) If Zebpay is required to cease its operations, or to cease to offer any part of the Zebpay Services, in the event of any change in applicable Law, Zebpay shall not be liable for any such cessation or suspension in any manner whatsoever.
g) Zebpay does not provide any investment advice in connection with or related to cryptocurrencies. Any data or details including of the value, range, volatility of any cryptocurrencies, and events that may affect/have affected the value of any cryptocurrencies, is for information purposes only. User shall not rely on the same either as advice or inducement to invest in cryptocurrencies. Zebpay will not be liable for any Loss suffered by User in connection with any transaction involving any cryptocurrencies.
IX ZEBPAY COVENANTS
Subject to compliance by the User of the User Guidelines and the terms contained herein, Zebpay covenants to comply with the following:
a) Zebpay shall continue to render its services to the User. This is subject to orders or directions that may be passed by the Government or RBI or a Court with respect to cryptocurrencies;
b) Zebpay shall take all reasonable security practises to ensure the safety of its infrastructure;
c) Zebpay shall ensure compliance with requisite laws and regulations;
d) Zebpay shall take best efforts to secure the rights of the User including the cryptocurrencies in the User accounts.
X LIMITATION OF LIABILITY
a) Zebpay shall not be liable for any Loss caused to the User due to discontinuation of any cryptocurrency that is being offered through the Zebpay Services.
b) Zebpay shall not be liable for any disruption of service, whereby the User is denied access to their cryptocurrencies, including those stored on the User Account.
c) Zebpay shall not be liable for any Loss caused to the User through loss of any cryptocurrency stored on the User’s account for any reason whatsoever, save and except due to a wilful and malicious commission or omission by Zebpay directly resulting in such loss. Zebpay shall not be liable for any discontinuation, alteration, suspension or termination of any part of the Zebpay Servicescaused or occasionedany Force Majeure event (as defined below) or any change in applicable Law with respect to cryptocurrencies.
d) Zebpay shall not be liable for any Loss caused to User due to fluctuations in the price of cryptocurrencies. Zebpay does not guarantee profits from sale or purchase or transfers of cryptocurrencies.
f) User agrees that Zebpay will not be liable to User or to any third party for termination of the User Account or for restricting access to the Zebpay Services, which shall be at the sole discretion of Zebpay.
g) User shall not be entitled to any damages for any reason whatsoever including for consequential or compensatory damages against Zebpay for any reasons including suspension, cancellation or termination of the User Account or for cessation of Zebpay Services. The User shall only be entitled to refund / recovery of the amounts credited to the User Account, subject to deductions towards dues owed to Zebpay and other legal, regulatory or statutory dues or those stipulated under applicable Law, and to the permissibility of such refund or recovery under applicable Law. In the event that any cryptocurrencies lying in any UserAccount are seized, or Zebpay is unable to access or convert the same into INR for payment to User, Zebpay shall not be held liable or responsible for the same. User is cautioned to avail of the Zebpay Services subject to the above risk. At no point of time will Zebpay, its directors, shareholders, employees, representatives, officers, affiliates or assigns be held liable for any Claims whatsoever for cessation of services or termination of any part of the Zebpay Services or any disruption with respect to access to any User Accounts. All Claims shall be limited to the amounts lying in the relevant User Account, subject to the abovementioned conditions.
h) The liability of Zebpay in any event, for any Claim, shall be limited to the amounts actually received from the User, in INR, as consideration for the services rendered by Zebpay in relation to the transaction to which the Claim relates. If the Claim does not relate to any transaction in particular, then Zebpay’s liability shall be limited to the amounts actually received from the User, in INR, as consideration for the services rendered by Zebpay in relation to the three transactions immediately preceding the date on which the Claim is made by the User.
XI FORCE MAJEURE
a) Zebpay services are offered only on the digital domain, which is subject to risks including offensive attacks. Zebpay shall not be liable for any Loss caused to the User’s account or the monies or cryptocurrencies accrued therein if the same arises due to any Force Majeure event, including commissions or omissions by third parties, forces of nature, offensive attacks on Zebpay servers or on the personal devices of the users, changes in applicable Law, or any Losscaused by conditions or events beyond the reasonable control of Zebpay.
b) The above limitation on liability includes any Force Majeure event set out hereunder including acts of god; fire, act of terrorists, act of civil or military authorities, civil disturbance, war, strike or other labour dispute, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond reasonable control of Zebpay; offensive attacks including virus attack, hacking, denial of service attack or theft of the personal devices of the User resulting in Loss to the account.
c) Zebpay shall not be liable for any Loss caused to User due to a data breach of confidential information of the User, including of the User account details or User password, including when such breach has occurred due to the User sharing such details with third parties or due to the User’s failure to follow reasonable due diligence. Zebpay shall also not be liable or responsible for any disclosure by User of any UserAccount details, including on account of a phishing attack or other third-party disruption.
d) “Force Majeure” shall mean and include any cause arising from or attributable to acts, or events, beyond the reasonable control of Zebpay, including natural calamity, strikes, terrorist action or threat, civil commotion, riot, crowd disorder, invasion, war, threat of or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural disaster, calamity, attacks including through computer viruses, hacking, denial of service attacks, ransomware or other manmade disruptions or any law, order enactment, statutory direction, legislation, regulation, rule or ruling of government or any court of law or of a Government or regulatory authority.
b) Zebpay shall indemnify User and hold harmless against and in respect of any Losses incurred or suffered by the User solely due to any proven wilful and malicious act or default on the part of Zebpay. This indemnity is subject to the representations and warranties set out herein above i.e., Zebpay shall not be liable for any Losses arising out of risks or consequences set out in the representations and warranties, which have been read, acknowledged and understood by the Userby virtue of their use of the Zebpay Services, or for actions initiated by Zebpay against User for suspension, cancellation or termination of their User Account for any reason. The liability of Zebpay in any event shall be limited to the amounts actually received from the User, in INR, as consideration for the services rendered by Zebpay in relation to the transaction to which the indemnity claim relates. If the claim does not relate to any transaction in particular, then Zebpay’s liability shall be limited to the amounts actually received from the User, in INR, as consideration for the services rendered by Zebpay in relation to the three transactions immediately preceding the date on which the claim is made by the User.
c) These provisions shall survive the expiration or termination of this Agreement.
XIII INTELLECTUAL PROPERTY RIGHTS (“IPR”)
a) Unless otherwise specified, all materials on Zebpay App and Services are the property of Zebpay and are protected under copyright, trademark and other applicable laws;
b) Users may view, print, and/or download a copy of such Materials on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices;
c) The trademarks, service marks and logos of Zebpay and others used in Zebpay and Services (“Trademarks”) are the property of Zebpay and their respective owners;
d) The software, text, images, graphics, data, prices, trades, charts, graphs, video, and audio used on this Website belong to Zebpay;
e) User or visitor to our website or any persons using or viewing our Apps are strictly prohibited from copying, reproducing, publishing, republishing, circulating, modifying, uploading, transmitting, collecting and / or distributing the trademarks and materials of Zebpay in any form or by any means, whether manual or automated;
f) Any unauthorized use of such property will be in direct violation of copyright, trademark, and other applicable laws and will result in criminal and / or civil legal actions and penalties;
g) Users shall not reverse engineer or disassemble any aspects of the Zebpay App or Zebpay Services for any reason whatsoever. Any such action shall amount to violation of the Zebpay IPR in and to such software;
h) Zebpay Services includes third party IP including the software used for creating or distributing Cryptocurrencies. Zebpay does not own any rights to such third-party IP and is bound by the license terms for such IP. Users shall also be bound by the license terms and shall violate any third-party IP that resides on or is accessible through the Zebpay Services.
i. User recognises that Zebpay will be given and have access to confidential including sensitive personal information of the User. User hereby agrees and consents to use by Zebpay of such confidential data and information for their commercial use. Zebpay shall take best efforts to keep such information confidential and not to disclose to any third parties except in the course of its business or for marketing, analytical and for processing of such data. This limitation shall however not apply to (a). data already in the public domain; (b). furnishing of data in pursuance of a request from a legal or regulatory authority or order from a Court;
ii. The provisions of this clause shall survive the termination of this Agreement.
a) Users may submit their complaints to Zebpay in the form available at ticket.zebpay.com. Such complaints may be either with respect to Zebpay Services or any problems faced by Users in connection with their accounts with Zebpay. Zebpay shall revert, as soon as possible to such complaints.
b) Zebpay will not be able to resolve the following complaints, or provide any of the following remedies to any User:
i. Reversal of wrongful or erroneous transfers of Cryptocurrencies;
ii. Reversal of transfers from User Accounts due to any of the risk factors set out above, including on account of hacking, virus attacks, denial of service attacks, ransomware, phishing attacks or other data breaches, as well as any fluctuations in the price of cryptocurrencies or any volatility thereof, or on account of any change in applicable Law;
iii. Disruption or cessation of services by any cryptocurrency creator, developer, distributor, miner, server operator or other network participants; or
iv. Any technical problems caused to the User due to reasons beyond the control of Zebpay;
XVI TERM & TERMINATION
a) User and Zebpay agree and confirm the following terms for continuation, suspension, cancellation or termination of this agreement.
b) This Agreement shall come into effect upon confirmation of the terms by the User herein and subsist till termination of the same upon any of the reasons set out hereunder (“Term”).
c) c) Zebpay reserves the right to suspend or terminate a User account for the following reasons (“Termination”).
d) Zebpay shall be entitled to suspend, and after due verification, and its sole discretion, terminate a User Account immediately upon the occurrence or detection of any of the following:
i. Use of a User Account for any suspicious activities, or any activities that are not consistent with applicable Law;
ii. Failure of User to comply with the KYC norms contained in this Agreement or in the AML Policy;
iii. Misrepresentations or misstatements by a User, or any inaccuracy, falsehood or misrepresentation in any of the information, documentation or details provided by a User;
iv. Failure of User to update KYC details, when called upon;
vi. A User Accounts lying dormant or inactive for a period of over six months.
e) In addition to the above the following actions or circumstances shall give the right but not the obligation for Zebpay to suspend and / or terminate a User Account:
i. attempts to use in an unauthorised manner, or gain unauthorized access to, the Zebpay Services or to another User’s User Account, or providing assistance to any other person’s attempt to do so;
ii. attempts to overcome or circumvent any software security features on the Zebpay Platform;
iii. if Zebpay has reasonable apprehension that User may be misusing the Zebpay Services for any unlawful activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, or if there are unaccounted for amounts retained in the relevant User Account, or if the User Account has been used for inordinately large transactions or transactions with an unclear or indeterminate purpose;
iv. Failure to pay dues owed to Zebpay including any commissions fees payable to it; or
v. If the User undertakes fraudulent transactions through the Zebpay Services, or any unaccounted for or suspicious transactions, for which the User fails to provide suitable explanation despite service of notice by Zebpay in this respect.
f) Zebpay may also suspend and thereafter terminate any User Accounts for the following reasons:
i. Technical errors or glitches resulting in suspension of Zebpay Services, in part or full;
ii. Any change in applicable Law;
iii. If continuation of Zebpay Services is difficult or impossible due to technical or operational issues or due to change in the legal, regulatory or statutory provisions;
iv. In the event of unexpected operational difficulties; or
v. Upon receipt of requests from governmental, regulatory, judicial, quasi-judicial or law enforcement authorities.
g) Each of the instances set out above may be invoked to suspend and thereafter terminate this Agreement, or to directly terminate this Agreement.
h) In addition to the above, this Agreement shall stand automatically terminated if either party (a). becomes insolvent; (b). makes an assignment for the benefit of its creditors; (c) files a petition for bankruptcy; (d) takes steps towards dissolution or liquidation; or (e) appoints a trustee or receiver for all or any part of its assets.
i) The terms of this Agreement, which by their very nature survive termination of this Agreement shall subsist. Without prejudice to the generality of the above, provisions pertaining to IPR, Confidentiality, Privacy, Indemnity, Limitation of Liability, Governing Law, Dispute Resolution and choice of jurisdiction shall survive termination or cancellation of this Agreement.
j) Process for Termination Zebpay may terminate the Agreement forthwith for any of the reasons set out above or first suspend the account pending verification and thereafter issue a communication of termination, where Zebpay determined that it is practicable to do so. Each of the instances set out above may be invoked for instantaneous termination or cancellation of the User Account. The onus of proving bad faith shall be on the User. In any event damages shall not exceed the amounts credited in the User Account, as on the date of suspension, cancellation or termination, whichever is earlier. User may terminate this Agreement with written notice to Zebpay, but such termination shall only be effective once such notice is accepted and acknowledged by Zebpay.
k) Consequences of Termination
Upon termination of this Agreement or earlier determination, the following consequences shall ensue:
i. The User Account and rendering of the Zebpay Services shall stand immediately terminated. User shall not be entitled to access or use the User Account or avail of any of the Zebpay Services;
ii. Zebpay shall cease to be liable or responsible to User except to the extent of any amounts in INR lying in the User Account. In the event that Zebpay is unable to effect a refund of these amounts to the User due to applicable Law, User shall bear any and all Losses arising from termination of the Agreement and loss of all amounts and all cryptocurrencies lying in the User Account.
iii. Parties shall be entitled to the rights and dues already accruing to them.
iv. Zebpay shall be entitled to retain / deduct amounts due to it from the User and transfer or refund the balance lying in the User Account, except when it is unable to do so in compliance with applicable Laws. Transfers shall be to any other cryptocurrency account or wallet specified by User, and refund shall be in Indian Rupees.
v. User agrees that Zebpay will not be liable to User or to any third party for termination of the User Account or any restriction of access to the Zebpay Services.
vi. User shall be entitled to recover the amounts lying in the User Account, as on the date of termination, subject to any deductions to be made by, or payments to be made to, Zebpay.
vii. Permissions and licenses granted to User under this Agreement shall cease immediately upon termination of this Agreement, and the User shall not be entitled to any access to the User Account or the Zebpay Services, or any rights or benefits in this respect, in any manner whatsoever.
viii. User shall return to Zebpay any of Zebpay’s IPR, or affirm deletion thereof immediately upon termination of this Agreement.
XVII Accuracy / Reliability of / Liability for Information published on website
a) Any notice or other communication provided for in this Agreement shall be sent only through electronic mail. User hereby agrees to receive electronic or any other form of communication and notifications from Zebpay. Email messages sent over the Internet are not always secure and Zebpay is not responsible or liable for non – receipt of such communication by User. Once the email is dispatched by Zebpay, it shall be deemed to have been served on the User. Zebpay shall be deemed to have received communications from the User only upon actual receipt into the Inbox of the account of the person to whom such communication is addressed and acknowledged. Zebpay shall not be liable or responsible for non – receipt of communications or for any damages incurred by the result of sending email messages over the Internet.
b) All communications to Zebpay shall be at: ticket.zebpay.com. Zebpay shall ensure that any change or modification to the same is uploaded on the Zebpay Website.
c) All communications to User shall be at the electronic mail address provided by User, as part of the KYC norms or via in – App messages or SMS to the User’s registered mobile number. User shall ensure that any change in the electronic mail address or communication option is duly intimated to Zebpay.
XIX GOVERNING LAW & JURISDICTION
a. This Agreement shall be governed by and construed in accordance with the laws of India.
b. The parties agree to irrevocably submit to the exclusive jurisdiction of the courts in Ahmedabad for the resolution of any disputes arising from this Agreement or in connection therewith or pursuant thereto.
This Agreement or any rights or obligations hereunder shall not be assigned by the Service Provider to any third party without the prior written consent of the Customer. The Customer may assign all or any of his rights without prior intimation or approval of the Service Provider to any third Party.
This Agreement shall bind and inure to the benefit of the parties, and their respective successors and permitted assigns.
a) The invalidity or unenforceability of any provision of this Agreement shall not in any way affect, impair or render unenforceable this Agreement or any other provision contained herein, which shall remain in full force and effect.
b) This Agreement shall be considered divisible as to such provision, which is deemed to be invalid or unenforceable and the remainder of this Agreement shall be enforceable and binding on the Parties.
No provision of this Agreement may be waived or changed except by a writing signed by the party against whom such waiver is sought to be enforced. The failure or omission by either party at any time to enforce or require strict or timely compliance to any provision of this Agreement shall not affect or impair that provision or any other provision in any way or the rights of such party hereof, to avail itself of the remedies it may have in respect of any subsequent breach of that or any other provision.
The Recitals, Schedules and Annexures in this Agreement shall form part of this Agreement and the contents thereof shall be read into this Agreement. Headings are for the purpose of easy reference and shall not affect the meaning or interpretation of this Agreement.
This Agreement, and the other agreements contemplated hereby, constitute the entire agreement.
a) User shall be solely responsible and liable for ensuring payment of all applicable taxes arising due to or pursuant to execution of these terms or availing of Zebpay Services.
b) Zebpay shall not be responsible for either determining the tax liability of the User or for collecting, reporting or remitting any taxes arising from any transaction undertaken on the Zebpay Platform.
c) The above is subject to any changes to the statutory or regulatory process under applicable Law.
None of the provisions of this Agreement shall be deemed to constitute a partnership between the parties hereto and no party shall have any authority to bind or shall be deemed to be the agent of the other(s) in any way. User shall not misrepresent or mislead or induce any person to avail of Zebpay Services or to invest in any cryptocurrency.
XXVIII GOVERNMENT APPROVALS
This Agreement is subject to confirmation by the Government of India of the legality of dealing in Cryptocurrencies, and in the event that the Government of India were to hold such dealing to be invalid or illegal in India, this Agreement shall stand automatically terminated without further notice to User. Zebpay has provided full disclosure of the current Government and regulatory status with respect to Cryptocurrencies in India under this Agreement, and the risk involved in dealing with or investing in the same. User is deemed to have understood, agreed to and accepted the risk and costs of such investment.
a) These terms may be periodically reviewed and revised. The revised draft will be uploaded on the Zebpay Website and will reflect the modified date of the terms. User is required to periodically visit the website and review terms and any changes thereto.
b) Continued use of the Zebpay Services constitutes agreement of User to the terms contained herein and any amendments thereto.
a) “Bitcoin” refers to a type of cryptocurrency, whose creator is identified only as “Satoshi Nakamoto” and which is created using open source software. Bitcoin is not issued by any centralised authority or Government but uses “peer-to-peer technology” to operate, manage transactions and ensure authenticity (for more information on Bitcoins, please refer to http://www.bitcoin.org).
b) “Claims” includes any and all charges, complaints, actions, agreements, amounts, damages, claims, liabilities, promises, controversies, damages, or causes of action, litigation, suits, rights, demands, costs, losses, debts, interest, indemnities, fines, penalties, and expenses (including attorneys’ consultants’, and statutory fees and costs incurred), and obligations of any nature or description whatsoever, past, present, or future, under applicable Law, contract, or in equity, known or unknown, suspected or unsuspected, existing or prospective, irrespective of whether the concerned Party proposes to appeal/challenge such claims.
c) “Cryptocurrency”, means virtual currencies, which are open instruments usable on any online platform and which may be acquired or disposed of only as a digital transaction.
d) “INR” shall mean Indian Rupees.
e) “Laws” means and includes (i) all applicable provisions of all constitutions, treaties, statutes, laws (including common law), codes, rules, regulations, ordinances, bye-laws or orders of, or any similar form of decision, interpretation or policy of, or determination by, any governmental or similar authority, (ii) governmental approvals, consents, licenses, registrations, etc., and (iii) orders, decision, injunctions, judgments, awards and decrees of or agreements with any governmental or similar authority.
f) “Loss” means includes all losses, Claims, demands, liabilities, obligations, fines, expenses, costs (including litigation costs and costs of remedying any default or damage caused), and damages (whether or not resulting from third party Claims), taxes, including interests and penalties with respect thereto and expenses, including reasonable attorneys’, consultants’, and accountants’ fees and disbursements.