Limitations of Liability Release
THE SERVICES, THE SITE AND THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO THE SITE, THE APP, THE SERVICES, AND/OR ANY PART OR MATERIALS MADE AVAILABLE THEREIN, WILL BE COMPLETE, ERROR FREE, CONTINUOUS, UNINTERRUPTED, ACCURATE, THAT DEFECTS WILL BE CORRECTED, AND/OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES AND BUGS, AND MAKES NO REPRESENTATION PERTAINING TO THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS AND/OR AS TO RESULTS, OR THE ACCURACY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SERVICES, THE SITE AND/OR THE APP. THE ENTIRE RISK AS TO THE USE, QUALITY, AND PERFORMANCE OF THE SERVICES, THE SITE AND/OR THE APP LIES WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE TO YOU OR ANYONE ON YOUR BEHALF FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, INTANGIBLE, OR CONSEQUENTIAL DAMAGES OR LOSS
OF ANY KIND, INCLUDING WITHOUT LIMITATIONS, LOSS OF BUSINESS, PROFITS, REVENUES, DATA, CONTRACTS OR ANTICIPATED SAVINGS, AND./OR LOSS OR ANY DAMAGE ARISING FROM YOUR USE OF THE SITE, THE APP OR SERVICES OR SOFTWARE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE,
ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SITE, THE APP AND/OR SERVICES.
The Company specifically makes no warranties, representations or guarantees regarding the time required to complete processing any request provided by you, including electronic debit or credit using credit cards, bank accounts or checks, which are dependent upon many factors beyond the Company’s control. Without derogating from the aforementioned, the Company makes
commercially reasonable efforts to process your requests in a timely manner.
Although the Company intends to provide accurate and timely information on the Site and the App (including, without limitation, the Content), the Site and/or the App may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site and the App are your sole responsibility and we shall have no liability for such decisions.
You further agree that the Company shall not be liable to you or any third party for any amendment or termination of the Company Services and/or Terms & Conditions, or suspension of your access to the Company Services, except to the extent otherwise expressly set forth herein. Indemnification You agree to defend, indemnify and hold harmless the Company, its affiliates and service providers, and any of their respective employees, officers, directors, agents, joint ventures, and representatives, from any claims, demands, liabilities, damages, or costs (including attorneys’ fees, fines, or penalties) suffered by the Company and arising out of or related to (i) breach by you of the Terms & Conditions; (ii) your use of the Site, the App or Services or use by any other person accessing the Site, the App or the Services using your user identification, whether or not with your knowledge and/or authorization; or (iii) any violation by you of any law, rule, regulation, or the rights of any third party.
Modifications to the Terms & Conditions
The Company may amend, modify, update and change any of the terms and conditions of the Terms & Conditions from time to time, including without limitation, as a result of legal and regulatory changes, security reasons and changes to our Services.
The Company will notify you of any such amendment, update, modification or change by publishing a new version of the Terms & Conditions on the relevant page of the Site and/or the App or by notifying you by email. Any new version of the Terms of Use will take effect twenty-four (24) hours after its publication on the Site/App (or earlier if required by any law, regulation or directive which applies to either us or you), and your use of the Site/App and/or the Services after this period will be deemed to constitute your acceptance of such new version of the Terms & Conditions.
Please check for updates to the Terms & Conditions on a regular basis.
If you do not agree with any modification to the Terms & Conditions, your sole and exclusive remedy is to terminate your use of the Site, App and/or Services and close your Account.
External Websites
The Company makes no representations, and takes no responsibility whatsoever regarding any third party websites, services, or content that you may access through the Site or App. The Site and App may present links or other forms of reference to other websites (the “External Websites”) or
resources over which the Company has no control. You acknowledge that the Company may present such links or references to you only as a convenience and that Company does not endorse any of the External Website services or offerings made to you or any content provided therein. The Company is not responsible for the availability of, and content provided on External Websites. You are requested to review the policies posted by the External Websites regarding privacy and other topics before use. The Company is not responsible for third party content accessible through the Site or the App, including opinions, advice, statements, prices, activities, and advertisements, and you
shall bear all risks associated with the use of such content. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. If you access any such External Websites you agree that you do so at your own risk and you agree that we will have no liability arising from your use of or
access to any External Websites.
General Provisions
Entire Agreement. These Terms & Conditions, comprise the entire understanding and agreements between you and the Company as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation
any prior versions of this Agreement), and every nature between you and the Company.
Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.
Relationship of the Parties. Both you and the Company are independent contractors, and nothing in these Terms & Conditions shall be deemed to create between you and the Company any other form of relationship, and the parties shall not be deemed to be partners, joint ventures or agents. You are not authorized to make any obligations on behalf of the Company.
Assignment
You may not assign any rights and/or licenses granted under these Terms & Conditions, including without limitation, the right to use the Account which is exclusively for your personal use. The Company reserves the right to assign our rights without restriction, including without limitation to any Company affiliates or subsidiaries, or to any successor in interest of any business associated with the Company Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, these Terms & Conditions will bind and inure to the benefit of the parties, their successors and permitted assigns.
Severability
If any provision of these Terms & Conditions shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other
provision of these Terms & Conditions shall not be affected.
Absence of Waiver
Any failure or delay by the Company to enforce the Terms & Conditions
or exercise any right therein will not be construed as a waiver to any extent of the rights of the Company. The Company cannot therefore be held liable in the case of non-performance or improper performance of the Terms and Conditions by you, a third party or in case of Force Majeure.
Evidence
All exchanges and communications including the history of Transactional and/or Spending Functions carried out on the Site and/or the App may be recorded, stored and archived. It is agreed that such recordings have evidentiary value between the Parties. In addition, buying and selling of Digital Currency is recorded on the blockchain, in accordance with the protocol for the
Digital Currency offered on the site and/or the App.
Change of Control
In the event that the Company is acquired by or merged with a third party
entity, the Company reserves the right, in any of these circumstances, to transfer or assign the information that the Company has collected from you, including any personal information, as part of such merger, acquisition, sale, or other change of control.
Survival
All provisions of these Terms & Conditions which by their nature extend beyond the expiration or termination of these Terms & Conditions, including, without limitation, sections pertaining to suspension or termination, Company Account cancellation, debts owed to the Company, general use of the Company Site and/or the App, disputes with Company, and general provisions.
Disputes and Governing Law
You and the Company agree that any dispute arising and relating to these Terms & Conditions shall first be resolved by contacting the other party directly in the attempt to reach an amicable resolution. The Company shall contact you using the information you provided in your Account, and you shall contact the Company according to the information provided on the Site or the App.
You and the Company agree that any and all controversies and claims that cannot be resolved amicably will submitted to the exclusive jurisdiction of the competent courts located in Hyderabad, India and shall be governed by the laws of India without giving effect to its principles or rules of conflict of laws, to the extent such principles or rules are not mandatorily applicable by statute and would permit or require the application of the laws of another jurisdiction.
The parties agree to keep confidential all matters relating to the arbitration, including related court proceedings, if any, to the greatest extent practicable. For purposes of this arbitration provision, references to the parties also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as Members or beneficiaries of the Company’s Services.
Force Majeure
Company shall not be liable for delays, failure in performance or interruption of service which results directly or indirectly from any cause or condition beyond its reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, global or local pandemic, epidemic or other form of major national or cross-border health threat, 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 Company’s reasonable control and shall not affect the validity and enforceability of any remaining provisions.
English Language Controls
Any translation of the Terms & Conditions, if provided, is provided for your convenience alone. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.