Coinzzy Technologies Private Limited, is a private limited company incorporated under the laws of India and having its registered office in Jaipur, Rajasthan, India (hereinafter referred to as “Coinzzy”, which term shall refer to and include its owners, directors, investors, employees, officers, representatives, affiliates, or other related parties). Coinzzy is engaged in the service of providing a platform for cryptocurrency portfolio management to keep track of cryptocurrency investments through its Coinzzy mobile application and website. Coinzzy mobile application and website also offers market data on cryptocurrencies, information on ICOs (Initial coin Offerings), latest cryptocurrency news updates and other additional information related to cryptocurrencies.
Coinzzy provides facilitation services,inter alia, the Coinzzy Android App, Coinzzy iPhone App (collectively, “Coinzzy App”) and the Coinzzy website at “www.coinzzy.com ” (“Coinzzy Website”, and collectively with the Coinzzy App, the “Coinzzy Platform”), in addition to other current or future services, products,features, technologies, and functionalities across a variety of platforms (collectively “Coinzzy Offers”). Coinzzy App, Coinzzy Website, Coinzzy Venture and Coinzzy Offers are collectively referred to hereunder, as “Coinzzy Services”, and any account opened by a User with Coinzzy to avail of the Coinzzy 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 Coinzzy are more fully set out herein. Coinzzy reserves a right to collect from Users of Coinzzy a fee by whatsoever name called for providing Coinzzy Services.
Users are required to read, review, understand and agree to the terms hereunder for using or availing of the Coinzzy Services, by clicking on the “I Accept” option in the Coinzzy web / app. Upon clicking “I Accept” in the Coinzzy web / app, or upon availing of any part of the Coinzzy Services, or upon applying for the opening of a User Account on the Coinzzy 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, ICOs and in availing of the Coinzzy 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 Coinzzy Services in any manner whatsoever, and subsequent to such User’s use of the Coinzzy Services. Every User shall ensure that no third party uses its account on the Coinzzy Platform, and that such User uses the Coinzzy 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 Coinzzy Services including the User Account only after reading the terms herein and in the policy documents set out hereunder and after accepting the same.
Coinzzy offers a platform for portfolio management and does not advise Users on the merits of any particular transactions or their taxation consequences. By using the Coinzzy Services, Users represent they have been, are, and will be solely responsible for making their own independent appraisal and investigations into the risks of any transaction and the underlying currencies involved in such transactions. Coinzzy gives the users no warranty as to the suitability of the cryptocurrency transactions in their portfolio(s) and assumes no fiduciary duty in its relations with them. Users agree that the Company is not responsible for determining whether or which taxes apply to their transactions. Users further agree that they are solely responsible for reporting and paying any taxes arising from your cryptocurrency transactions listed in their portfolio(s) on the Coinzzy web and app.
All the information provided by Coinzzy Services on ICOs(Initial Coin Offerings), cryptocurrency pricing, trading recommendations, market commentary, news updates on particular cryptocurrency coins, advertisements about new cryptocurrencies, or any other information, the act of doing so is incidental to Users relationship with Coinzzy and imposes no obligation of due diligence on behalf of Coinzzy or its representatives. All such information is provided to user for informational purposes only and is not intended for trading or investment purposes. Coinzzy does not endorse or promote any particular cryptocurrency and gives no representation, warranty, or guarantee as to the accuracy or completeness of any such information or as to the tax consequences of any transaction that user may enter into based on such information. Coinzzy shall not be responsible or liable for any trading or investment decisions the user makes based on such information. User is solely responsible for determining whether any investment or transaction is appropriate for user based on their own independent research, their own personal investment objectives, their financial situation, and risk tolerance.
All the reviews and ratings of ICOs or other cryptocurrency related products published on Coinzzy serve informational purposes only. The reviews and ratings published on Coinzzy solely represent the opinions of the experts providing it. The experts conduct the ratings based on their professional experience, publicly available information (whitepapers, roadmaps, interviews, reports) and possibly dialogues with the ICO project management team. And while Coinzzy hold itself and the experts accountable to high professional standards, Coinzzy keeps the right to have human errors and misjudgement based on the personal circumstances of experts and the company. Coinzzy highly recommends users to conduct independent analysis or turn to professional services for making any investment decision. Thus, neither coinzzy, nor the experts can be hold responsible for the user’s investment decisions.
Coinzzy Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Coinzzy, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Any Prohibited Jurisdiction Use will amount to a breach of this Agreement, and Coinzzy 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 Coinzzy Services in any manner whatsoever in or from a Prohibited Jurisdiction. 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 Coinzzy 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, Coinzzy hereby grants to the User a personal, revocable, non-exclusive, non-transferable, non-sub-licensable, and limited right to use the Coinzzy Services.
Coinzzy may use third party service providers to render some or all of the Coinzzy 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 Coinzzy would be bound. Coinzzy 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.
These terms shall be applicable to all existing and new Users. Coinzzy 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 Coinzzy Services at such time by intimating Coinzzy of such intention in writing. Continued use of the Coinzzy Services shall be deemed to amount to confirmation and acceptance of the modified or altered terms hereof.
User shall comply with the procedures prescribed for opening the User Account, including providing a valid and subsisting email address and providing all requisite details.
Coinzzy reserves the right to reject opening or registration of a User Account on any grounds it deems suitable, at its sole discretion, with due regard to legal and regulatory considering concerning cryptocurrencies.
Data Disclosures and Consent
User hereby allows access to and consents to Coinzzy availing of and using the personal data and sensitive personal data and information of the User including but not limited to:
name, address, contact information identification documents and details contained therein;
mobile numbers and IP addresses from which the Coinzzy Services are being accessed; and
identity numbers and details of all equipment utilised to access or avail of the Coinzzy Services, including devices from which the Coinzzy 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, and other details for computers and mobile phones,unique installation number, iCloud device or email id for Apple products and other sensitive personal information required for allowing or completing the transactions envisaged herein, at Coinzzy’s sole discretion.
Coinzzy 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.
Users are responsible for maintaining the confidentiality of their account and password and restricting access to their mobile device and computer. Users further agree to accept responsibility for all activities that occur using your account or password. Users may not assign or otherwise transfer their account to any other person or entity. Users acknowledge that Company is not responsible for third party access to their account that results from theft or misappropriation of their account.
Users shall be bound by the policies, rules and User Guidelines prescribed by Coinzzy periodically, the terms of which shall form part of this Agreement.
User is hereby cautioned that Coinzzy does not accept any 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 such amounts with Coinzzy 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.
Subscriptions: Some parts of the Service are billed on a subscription basis ("Subscription(s)"). Users will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan that users select when purchasing a Subscription. At the end of each Billing Cycle, users Subscription will automatically renew under the exact same conditions unless cancelled by user or coinzzy cancels it. User may cancel its Subscription renewal either through their online account management page or by contacting Coinzzy customer support team.
A valid payment method, including credit card, debit card, bank transfer, netbanking, or PayPal, is required to process the payment for Subscription by user. User will also be allowed to make payments in virtual currencies and tokens. User shall provide Coinzzy with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, users automatically authorize Coinzzy to charge all Subscription fees incurred through their account to any such payment instruments.
Should automatic billing fail to occur for any reason, Coinzzy will issue an electronic invoice indicating that users must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Each User is responsible for all mobile device usage charges (including but not limited to data and text messaging charges) that such User may incur while using the Coinzzy Services.
Fee Changes- Coinzzy, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Coinzzy will provide users with a reasonable prior notice of any change in Subscription fees to give them an opportunity to terminate their Subscription before such change becomes effective.
User’s continued use of the Service after the Subscription fee change comes into effect constitutes their agreement to pay the modified Subscription fee amount.
Refunds - Certain refund requests for Subscriptions may be considered by Coinzzy on a case-by-case basis and granted in sole discretion of Coinzzy.
Coinzzy has zero tolerance towards use of any portion of the Coinzzy Services for or in connection with any illegal or unlawful purpose. Any such use of the Coinzzy Services by any User shall result in forthwith termination of the relevant User Account, and Coinzzy 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 Coinzzy).
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.
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 Coinzzy Services. Coinzzy shall not allow the Coinzzy Services to be used for any illegal or criminal purposes, including (but not limited to) money laundering and the funding of terrorist activities.
Coinzzy 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 Coinzzy Services in any manner for illegal activities.
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. Coinzzy 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 Coinzzy 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 Policies. Users who do not wish to abide by the same may decide to opt out of the Coinzzy Services at such time by intimating Coinzzy of such intention in writing, and such Users shall not be permitted to avail of the Coinzzy Services in any way after such intimation.
Coinzzy 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 Coinzzy Services in any way, Coinzzy shall have the right to suspend or terminate the relevant User Account of a User, and this Agreement shall stand terminated forthwith.
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 Coinzzy 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 any activity that contravenes any applicable Law, or of abusing the Coinzzy 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.
Users shall ensure strict compliance with the following user guidelines set out hereunder (“User Guidelines”), as well as the terms of the AML Policy:
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 Coinzzy.
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.
Users shall not share their account passwords with any third parties, including other Users.
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 User Account is intended for the use of a single User, who has registered with Coinzzy 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).
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 controlling relation to such activities.
Users shall use the Coinzzy Services only for lawful purposes and shall not use any part of the Coinzzy 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.
Without prejudice to the generality of the above, Users shall not use the Coinzzy 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 Coinzzy Services to convert illegal or wrongful gains, including those from criminal activities.
Users shall comply with the IPR Policy set out herein and shall not violate the proprietary rights of Coinzzy, or of any third party.
User shall not misuse or abuse the Coinzzy Services in any manner. In particular, User shall not:
Violate these terms or the terms of the policies and guidelines prescribed by Coinzzy;
Upload or share any information belonging to another person which the User does not have any right to share;
Impersonate another person, including any other User;
Upload or share any information that is invasive of another person’s privacy;
Upload or share any information that is grossly harmful, harassing, blasphemous, defamatory, libellous, obscene or pornographic;
Put forth any information that is hateful, or racially, ethnically objectionable, disparaging;
Commit any act relating to or encouraging money laundering or gambling;
Do any act that is paedophilic or harming minors in any way;
Infringe any patent, trademark, copyright or any other proprietary rights of Coinzzy or of third parties;
Violate any law in India for the time being in force;
Deceive or mislead or communicate any information, which is grossly offensive or menacing in nature or about the origin of messages containing such information;
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;
Do any act that threatens the unity, integrity, defence, security or sovereignty of any country, 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 nation;
Knowingly host or upload any information or initiate the transmission of any information mentioned above from points (ii) to (x):
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.
User shall not induce or entice other persons to avail of the Coinzzy services or to open accounts
Coinzzy 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 Coinzzy services to any third parties. Users are not allowed to represent Coinzzy in any manner whatsoever and shall be solely liable for any third parties acting on their representations or statements.
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.
Coinzzy 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.
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.
User shall notify Coinzzy through “coinzzy.freshdesk.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. Coinzzy 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 to a failure to notify Coinzzy in a timely manner.
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, Coinzzy 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 Coinzzy’s authentication processes (as described in this Agreement or in the AML Policy) to Coinzzy’s satisfaction. Coinzzy shall be entitled to call for all such transaction details, as it deems fit. Coinzzy 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.
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;
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 Coinzzy shall be entitled to claim compensation for any Loss due to such material breach by a User.
Subject to compliance of the above User Guidelines, User is entitled to the benefits of the Coinzzy Services;
Coinzzy shall take all measures to ensure rendering of its services to User. Coinzzy shall however not be responsible or liable for disruption or cessation of Coinzzy Services due either to Regulatory, Governmental or Judicial actions or technical issues or due to circumstances beyond their control.
Users shall bear all liabilities towards taxes, as applicable.
User may choose to enter the details of their cryptocurrency transactions into their portfolio(s) on the Coinzzy platform (the "User Portfolio Entries"). If the exchange that handled Users cryptocurrency transaction allows synchronizing with the Coinzzy, the User may also choose to synchronize data from these other third party sites into their portfolio(s) on the Coinzzy platform (the "Synced Entries" and collectively with the User Portfolio Entries, the "Portfolio Data"). User hereby certifies to Coinzzy that any information in User Portfolio Data is owned by the User or that the user is validly authorized to carry out transactions regarding such Portfolio Data. The Company does not verify the accuracy of Portfolio Data. Coinzzy provide a summary of the Portfolio Data for users to manage their portfolio(s) in one location within the Coinzzy Platform.
Users shall retain all their ownership rights in any other content submitted to the Coinzzy Services, including but not limited to text (collectively, the "User Content"). However, by submitting User Content to Company, the user hereby grants Coinzzy a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with providing the Coinzzy services to user and for Coinzzy (and its successors’ and affiliates’) business purposes, including without limitation for promoting and redistributing part or all of the Coinzzy Services, in any media formats and through any media channels. User understands and agrees that, Coinzzy may retain, but not display, distribute or perform, server copies of User Content that have been removed or deleted.
User affirms, represents and warrants that user owns or has the necessary licenses, rights, consents, and permissions to publish the User Content that is submitted by user; and user licenses to Company all patent, trademark, trade secret, copyright or other proprietary rights in and to such material for publication on the Coinzzy Services pursuant to these Terms. User further agrees that material submitted by user to Coinzzy will not contain third party copyrighted material unless user has permission from the owner. Coinzzy will remove User Content if properly notified that such content infringes on another’s intellectual property rights. Company reserves the right to move User Content without prior notice.
User understands that Coinzzy services do not offer actual transactions of cryptocurrencies and Coinzzy Services is not a platform for the creator or developer of any cryptocurrency. Coinzzy 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. Coinzzy 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. Coinzzy 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.
User hereby confirms that it has not been canvassed, solicited or encouraged by Coinzzy to invest in any cryptocurrency or ICO, or to otherwise avail of the Coinzzy Services, in any manner whatsoever, and that User has arrived at an independent decision to avail of the Coinzzy Services of their own volition.
Coinzzy takes best efforts to provide uninterrupted services to its customers but it shall not be responsible or liable for disruptions or cessation of Coinzzy Services beyond the control of Coinzzy. Coinzzy does not give any guarantee for uninterrupted access or against any delay, failure, errors, omissions or loss of transmitted information.
Coinzzy may suspend use of Coinzzy App and Web 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.
If Coinzzy is required to cease its operations, or to cease to offer any part of the Coinzzy Services, in the event of any change in applicable Law, Coinzzy shall not be liable for any such cessation or suspension in any manner whatsoever.
Coinzzy 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. Coinzzy will not be liable for any Loss suffered by User in connection with any transaction involving any cryptocurrencies.
Coinzzy services are offered only on the digital domain, which is subject to risks including offensive attacks. Coinzzy shall not be liable for any Loss caused to the User’s account or the User’s Content therein if the same arises due to any Force Majeure event, including commissions or omissions by third parties, forces of nature, offensive attacks on Coinzzy servers or on the personal devices of the users, changes in applicable Law, or any Loss caused by conditions or events beyond the reasonable control of Coinzzy.
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 Coinzzy; 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.
Coinzzy 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. Coinzzy shall also not be liable or responsible for any disclosure by User of any User Account details, including on account of a phishing attack or other third-party disruption.
"Force Majeure" shall mean and include any cause arising from or attributable to acts, or events, beyond the reasonable control of Coinzzy, 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.
Coinzzy 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 Coinzzy. This indemnity is subject to the representations and warranties set out herein above i.e., Coinzzy 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 User by virtue of their use of the Coinzzy Services, or for actions initiated by Coinzzy against User for suspension, cancellation or termination of their User Account for any reason.
These provisions shall survive the expiration or termination of this Agreement.
Unless otherwise specified, all materials on Coinzzy App and Web Services are the property of Coinzzy and are protected under copyright, trademark and other applicable laws;
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;
The trademarks, service marks and logos of Coinzzy and others used in Coinzzy and Services ("Trademarks") are the property of Coinzzy and their respective owners;
The software, text, images, graphics, data, prices, trades, charts, graphs, video, and audio used on this Website belong to Coinzzy;
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 Coinzzy in any form or by any means, whether manual or automated;
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;
Users shall not reverse engineer or disassemble any aspects of the Coinzzy App or Coinzzy Web Services for any reason whatsoever. Any such action shall amount to violation of the Coinzzy IPR in and to such software;
Coinzzy Services may include third party IPs. Coinzzy does not own any rights to such third-party IPs and is bound by the license terms for such IPs. Users shall also be bound by the license terms and shall not violate any third-party IPs that resides on or is accessible through the Coinzzy Services.
User recognises that Coinzzy will be given and have access to confidential including sensitive personal information of the User. Coinzzy 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;
The provisions of this clause shall survive the termination of this Agreement.
Users may submit their complaints to Coinzzy in the form available at coinzzy.freshdesk.com . Such complaints may be either with respect to Coinzzy Services or any problems faced by Users in connection with their accounts with Coinzzy. Coinzzy shall revert, as soon as possible to such complaints.
Coinzzy will not be able to resolve the following complaints, or provide any of the following remedies to any User:
Reversal of wrongful or erroneous transfers of Cryptocurrencies;
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;
Disruption or cessation of services by any cryptocurrency creator, developer, distributor, miner, server operator or other network participants; or
Any technical problems caused to the User due to reasons beyond the control of Coinzzy;
User and Coinzzy agree and confirm the following terms for continuation, suspension, cancellation or termination of this agreement.
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").
Coinzzy reserves the right to suspend or terminate a User account for the following reasons ("Termination").
Coinzzy 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:
Use of a User Account for any suspicious activities, or any activities that are not consistent with applicable Law;
Misrepresentations or misstatements by a User, or any inaccuracy, falsehood or misrepresentation in any of the information, documentation or details provided by a User;
Failure of User to furnish or update KYC details, when called upon;
A User Accounts lying dormant or inactive for a period of over twelve months.
In addition to the above the following actions or circumstances shall give the right but not the obligation for Coinzzy to suspend and / or terminate a User Account:
attempts to use in an unauthorised manner, or gain unauthorized access to, the Coinzzy Services or to another User’s User Account, or providing assistance to any other person’s attempt to do so;
attempts to overcome or circumvent any software security features on the Coinzzy Platform;
if Coinzzy has reasonable apprehension that User may be misusing the Coinzzy 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;
Failure to pay dues owed to Coinzzy including subscription fees payable to it; or
If the User undertakes fraudulent transactions through the Coinzzy Services, or any unaccounted for or suspicious transactions, for which the User fails to provide suitable explanation despite service of notice by Coinzzy in this respect.
Coinzzy may also suspend and thereafter terminate any User Accounts for the following reasons:
Technical errors or glitches resulting in suspension of Coinzzy Services, in part or full;
Any change in applicable Law;
If continuation of Coinzzy Services is difficult or impossible due to technical or operational issues or due to change in the legal, regulatory or statutory provisions;
In the event of unexpected operational difficulties; or
Upon receipt of requests from governmental, regulatory, judicial, quasi-judicial or law enforcement authorities.
Each of the instances set out above may be invoked to suspend and thereafter terminate this Agreement, or to directly terminate this Agreement.
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.
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.
Process for Termination - Coinzzy 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 Coinzzy 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 Coinzzy, but such termination shall only be effective once such notice is accepted and acknowledged by Coinzzy.
Consequences of Termination - Upon termination of this Agreement or earlier determination, the following consequences shall ensue:
The User Account and rendering of the Coinzzy Services shall stand immediately terminated. User shall not be entitled to access or use the User Account or avail of any of the Coinzzy Services;
Coinzzy shall cease to be liable or responsible to User except to the extent of any amounts in fiat currency lying in the User Account. In the event that Coinzzy 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.
Parties shall be entitled to the rights and dues already accruing to them.
Coinzzy 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 and refund shall be in Indian Rupees.
User agrees that Coinzzy will not be liable to User or to any third party for termination of the User Account or any restriction of access to the Coinzzy Services.
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, Coinzzy.
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 Coinzzy Services, or any rights or benefits in this respect, in any manner whatsoever.
User shall return to Coinzzy any of Coinzzy’s IPR, or affirm deletion thereof immediately upon termination of this Agreement.
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 Coinzzy. Email messages sent over the Internet are not always secure and Coinzzy is not responsible or liable for non – receipt of such communication by User. Once the email is dispatched by Coinzzy, it shall be deemed to have been served on the User. Coinzzy 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. Coinzzy 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.
All communications to Coinzzy shall be at: coinzzy.freshdesk.com . Coinzzy shall ensure that any change or modification to the same is uploaded on the Coinzzy Website.
All communications to User shall be at the electronic mail address provided by User, as part of the account creation 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 Coinzzy.
This Agreement shall be governed by and construed in accordance with the laws of India.
The parties agree to irrevocably submit to the exclusive jurisdiction of the courts in Jaipur, Rajasthan 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.
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.
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, and supersede and replace any prior agreements we might have between us regarding the Service
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 Coinzzy Services.
Coinzzy shall not be responsible for either determining the tax liability of the User or for collecting, reporting or remitting any taxes arising from availing any services offered by Coinzzy.
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 Coinzzy Services or to invest in any cryptocurrency.
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. Coinzzy 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.
These terms may be periodically reviewed and revised. The revised draft will be uploaded on the Coinzzy 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.
Continued use of the Coinzzy Services constitutes agreement of User to the terms contained herein and any amendments thereto.