TERMS AND CONDITIONS

Last updated: October 10, 2018

A. INTRODUCTION

Coindelta is brought to its Users by Bitfair Technologies Private Limited, a company incorporated under the Companies Act, 2013 and having its registered office at Ground B, Plot No 44, Midas Tower, RGIP, Phase 1, Hinjewadi, Pune, Maharashtra, 411057 (“Coindelta”).

These terms of use (together with the documents referred to herein) Terms govern the use of the Services (defined below) provided on the Website, the application for mobile and/or any other devices (collectively, the Platform). In consideration of the use of the Services, the users of the Platform (Users) agree to comply with all the provisions of these Terms.

Please read these Terms carefully before starting to use the Platform. If Users do not agree to these Terms, Users must not use the Platform. If Users do not agree with any amendments made by Coindelta to these Terms at any time in future, Users must stop using the Platform with immediate effect. Coindelta recommends that Users print a copy of this for future reference.

By using the Platform and the Services provided thereon, Users acknowledge that they have read, understood and agree to be bound by these Terms, along with the Privacy Policy and Know Users Customer and Anti-Money Laundering Policy, which are incorporated herein by way of reference. The Privacy Policy sets out the terms on which Coindelta processes any personal data collected from Users, or that Users provide to Coindelta. By using the Platform, Users consent to the processing and Users represent and warrant that all data provided by Users is accurate. The KYC Policy sets out the terms regarding the verification of a User’s identity. Further, it provides the process for early identification and reporting of prohibited/illegal activities which may be committed by using the Platform or the Services.

B. ACCESS TO PLATFORM AND REGISTRATION OF ACCOUNT

  • Registration. In order to access the Services (defined below) made available on the Platform, Coindelta may request certain registration details from Users to register a user account. If Users wish to access any Services, Users must activate User account by following the verification procedure set forth in the KYC Policy (as may be applicable). Users represent and warrant that all details Users provided during the registration process will be correct, updated and complete. In case Users are unable to complete the verification process or Users provide details which are incorrect, not updated or are incomplete, Coindelta shall have the right to terminate and/or suspend User Account. Every User shall have the right to create 1 (one) Account. If Users choose to register with Coindelta using the procedure specified on the Platform, an account will be created for Users and Users will be provided with required Account Information (defined hereinafter) to enable access to the User Account.

    For the purposes of the Terms, Account Information refers to a password and such information which may be provided by Users as part of Coindelta security and verification procedures. In case Coindelta permits registrations on the Platform through any third-party website such as Gmail, the login information of such third-party account, as the case may be, shall be considered part of the Account Information.

    When logging onto the Platform, Coindelta may also permit Users to use Google Authenticator being provided by Google Inc. for creation of a two-step authentication settings or any other similar service as may be notified by Coindelta from time to time. Coindelta shall not be obliged to explain the reason for denial to any person requesting registration as a user of the Platform; and Coindelta will not be obligated to return documents submitted by Users.

    Confidentiality of Account Information. Users must always treat Account Information as confidential and must not disclose it to any third party; and are responsible for safeguarding the password for accessing the User Account. Coindelta encourages Users to use “strong” passwords preferably using a combination of upper and lower-case letters, numbers and symbols. Coindelta will not be liable for any loss or damage whatsoever arising from Users failure to comply with this instruction. Once Coindelta has verified User and created a User Account for User, any access to the Platform through the User Account shall be considered as access by Users or on Users behalf, even if the registered Account Information has been forged, altered, stolen, or otherwise illegally used, or if it has been a case of some sort of accident. Users shall be solely responsible for any activity carried out in, by or through User Account either on the Platform or any other website accessed by Users through the Platform. Users shall not allow a third-party to use the User Account, loan or transfer the User Account to a third party, change the holder of any Account, or sell or purchase the Account. Users agree and acknowledge that Users shall not hold Coindelta liable for any losses or other consequences arising on account of any unauthorized use of the User Account (including but not limited to any third-party use of the Account as mentioned above). If Users know or suspect that anyone other than Users have unauthorized access to the Account Information, or any part of it, Users must notify Coindelta by contacting here. Coindelta is not liable for any unauthorized use of the User Account.

    For the purposes of this clause, third party includes without limitation a relative as defined under the Companies Act, 2013 of India and the rules made thereunder.

  • Representations and warranties for registration. Each User hereby represents and warrants that:

    • User is competent to contract, that is, (i) in case of an individual, such User is over 18 (eighteen) years of age, or (ii) in case registration is on behalf of an entity, that such User is legally authorized to enter into, and bind the entity to, these Terms and register for the Services, in accordance with the laws of India;
    • User has carefully reviewed the contents of these Terms and understands and agrees to the Terms;
    • User’s name is not included in any Sanctions Lists (Sanctions Lists are lists maintained for the purposes of complying with anti-money laundering laws as provided by the law enforcement authority in the Republic of India and include, without limitation, the Sanctions List maintained by the United Nations Security Council (the ISIL and Al-Qaida Sanctions List and the 1988 Sanctions List available at https://www.un.org/sc/suborg/en/sanctions/1988/materials);
    • User is a resident of India, as defined under the Foreign Exchange Management Act, 1999 and the rules and regulations framed there under;
    • User is not part of any organized crime group, group affiliated with an organized crime group or member of an organized crime group, criminal group posing as social movements, group engaging in illegal acts under the pretext of political activities or any other similar group (or member thereof) or individual that uses statements of violence, intimidation, threats and fraudulent methods in order to make unreasonable demands and pursue economic gain (collectively, Anti-social Forces); or have any sort of relationship and/or involvement with any Anti-Social Forces by providing funds and/or other benefits to it to help or otherwise involved in the maintenance, operation, and/or management of such Anti-Social Force;
    • There are no actions, suits, claims, proceedings or investigations pending or threatened against and/or by User, before any court, arbitrator or governmental authority under the Prevention of Money Laundering Act;
    • The User Account does not contain misleading, inaccurate or fraudulent information, including, but not limited to a fake phone number, fake reputation information for the User Account, fake residence or fraudulent identification documents;
    • User does not use the User Account to act as an intermediary or broker for any other person or entity;
    • User maintains adequate security and control of any and all usernames, passwords, two-factor authentication codes or any other codes or credentials that User uses to access the Services;
    • User is not an employee, founder and/or board member of any other Digital Assets (defined below) exchange; and/or
    • User’s registration has not been previously suspended or terminated by Coindelta for any reason whatsoever.
  • Access to the Platform. Access to the Platform is permitted on a temporary basis. Coindelta may suspend, withdraw, discontinue or change all or any parts of the Platform, without notice. Coindelta does not guarantee that the usage of the Platform will always be available, error-free or be uninterrupted. Coindelta is not responsible for any malfunction, breakdown, delay or interruption of the internet connection, or any reason why the Platform is unavailable at any given time. Coindelta will not be liable to Users for any losses incurred due to volatility of prices of the Digital Assets (defined below) if for any reason the Platform are unavailable at any time or for any period. Users are also responsible for ensuring that any and all persons accessing the Platform through a User’s internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

  • Disabling access to Account. Coindelta has the right to disable any User’s access to the Account or any part of it, at any time, if in Coindelta’s reasonable opinion a User fails to comply with the Terms.

  • Changes in criteria for Account registration. In case Coindelta changes the eligibility criteria for registration with the Platform, and Users no longer comply with the new criteria, Users accept that Coindelta shall have the right to deactivate the User Account without any liability to Coindelta. Users are solely responsible for ensuring their compliance with these Terms and all applicable laws. If a User’s right to access any Service is revoked or use of any Service is in any way prohibited, in such circumstances, such User agrees not to use or access the Platform or use the Services in any way.

C. SERVICES

  • Wallet. Upon activation of the User Account, Coindelta shall provide its Users with a wallet feature (Wallet). This Wallet shall enable Users to purchase, sell, send, receive and store all Digital Assets supported by the Platform.
    For the purposes of these Terms, Digital Assets shall mean any digital assets supported on the Platform, whether or not such digital assets are blockchain-based.
  • Services. Coindelta shall provide to its Users the services as may be listed on the Platform, and updated from time to time (Services).
  • Restrictions on Use of Digital Assets. Users are not entitled to any interest on their Digital Asset holdings stored in the Wallet. Coindelta may ask Users to verify their Account at the time of placing a request on the Platform. Coindelta may refuse to execute transactions until such User has verified their details. Users cannot transfer, store or received any Digital Assets which are not supported by the Platform. Coindelta shall not be liable for any losses suffered by the Users for acting in contravention of this provision.
  • Restrictions on Use the Services. Users shall not use the Services to transmit or exchange Digital Assets which are the direct or indirect proceeds of any criminal or fraudulent activity, including but not limited to terrorism and/or tax evasion. Coindelta reserves the right to deny, delay, or cancel a transaction it perceives as a risk of criminal or fraudulent activity. Coindelta reserves the right to refuse to execute any request and/or transaction initiated by Users, if they are in contravention to the KYC Policy or to comply with directions of appropriate enforcement authorities. In the event Coindelta determines that a transaction may be related to criminal activity/ies, Coindelta shall have the right to freeze such User Account and take action in accordance with the KYC Policy.

D. FEES

  • Account creation. Coindelta does not charge any fees for the creation of an Account on the Platform or for verification of the User Account.
  • Service Fee. Availing the Services on the Platform may be subject to payment of a fee , as specified on the Platform from time to time (Service Fee).Please check out the Platform for information on the fee for availing the Services on the Platform.

E. TAXES

  • Users acknowledge and agree that certain taxes may be applicable upon the use of the Services, and that Users would be required to determine their tax liability under applicable laws. Users are solely responsible for payment of any taxes that may arise in connection with Users use of the Services.
  • Coindelta shall not be liable for any damage that a User may suffer as a result of enactment of or amendment to any law, decree, rule, order notification, circular notice, ordinance, guideline, or other regulation on the Services in the future, or as a result of enactment of or amendment to any relevant taxation rule including that pertaining to the consumption tax in the future.
  • If a User suffers any damage due to enactment of or amendment to any enactment of or amendment to any law, cabinet order, decree, rule, order notification, circular notice, ordinance, guideline, or other regulation on the Services or relevant taxation rule pertaining to the consumption tax in the future due to the enactment or amendment being enforced retroactively, Coindelta shall be exempted from any responsibility for retroactively compensating the registered User for such damage.

F. USAGE OF THE PLATFORM

  • Email use and threat policy. Coindelta encourages its Users to be professional, courteous and respectful when communicating with us or any other User. Any private communications, including email correspondences, are not regulated by Coindelta. Coindelta shall have the right to investigate and take action against any emails which are in violation of Coindelta’s policies. Any violation of the policy may result in a range of actions including, without limitation, Account suspension and removal of published requests for the Services. The following types of e-mails are considered objectionable as per the policy of Coindelta.
    • Threats of bodily harm - Coindelta does not permit its Users to send other Users explicit threats of bodily harm.
    • Misuse of Coindelta system - Coindelta allows its Users to facilitate transactions and avail the Services made available on the Platform but will investigate any misuse thereon.
    • Spam - Users are not allowed to send any unsolicited commercial messages to other Users.
    • Request to buy and sell outside Coindelta - Coindelta prohibits email offers to buy or sell Digital Assets outside of the Platform. There is potential for fraud risk for Users in such cases.
  • Interactive Services. Coindelta may, from time to time, provide interactive services on the Platform, including, without limitation and chat rooms and bulletin boards. Coindelta will do its best to assess any possible risks for Users from third parties when they use such interactive services on the Platform. Coindelta shall have the discretion to decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks.
    However, Coindelta is not under an obligation to oversee, monitor or moderate any interactive service provided on the Platform, and expressly disclaims its liability for any loss or damage arising from the use of such services by a User in contravention of Coindelta’s Content standards, whether the service is moderated or not.
  • Viruses. User should use its own virus protection software. Users must not actually or attempt to introduce any trojans, worms, logic bombs, viruses or other material which is malicious or technologically harmful to the Platform; or attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, or computer or database connected to the Platform. In case Users breach this clause, Users will be considered to have committed a criminal offence under the Information Technology Act, 2000. Any such breach will be reported to the relevant law enforcement authorities. Coindelta will co-operate with the authorities by disclosing Users identity to them. In the event of such a breach, Users right to use the Platform will cease immediately.
    In no event shall Coindelta be liable for any loss or damage caused by a virus, denial-of-service attack, distributed denial-of-service attack, or other technologically harmful material that may infect Users computer equipment, computer programs, data or other proprietary material due to Users use of the Platform or Users downloading of any Content on it, or on any website linked to it. Coindelta cannot and does not guarantee or warrant that files available for downloading from the Platform will be free of infection by viruses, worms, trojan horses or other code that manifest contaminating or destructive properties.
  • Restrictions on use of the Platform. Users shall not reverse engineer or disassemble any part of the Platform for any reason whatsoever. Any such action shall amount to a material breach of the Terms and may result in Coindelta terminating the defaulting User’s Account.

G. DISCLOSURE OF RISKS

  • By creating the Account, Users acknowledge that Users have carefully assessed their financial standing and risk tolerance confirm that the same is suitable for availing the Services on the Platform.
  • Risks related to use of Digital Assets. Users may be subject to considerable loss while using Digital Assets. Users are thereby advised to determine their risk tolerance and assess the following risks:
    1. Digital Assets are unregulated and trading, holding and transferring some or all Digital Assets may be deemed illegal in India in the future. Users are encouraged to obtain appropriate legal counsel regarding the same before using the Platform;
    2. The value of any Digital Asset is very volatile and Users may sustain a loss. Coindelta cannot and does not guarantee that the value of Digital Assets held by the Users;
    3. Due to the market being in a nascent stage, during a market disruption or during a force majeure event, Users may face difficulties or impossibility in liquidating their holdings under certain market conditions;
    4. Digital Assets are not backed by a central bank or any other financial regulator and as such there is no third party that may take any corrective action upon the occurrence of a global/regional crisis; and
    5. Since Digital Assets are held online, they are susceptible to security breaches and government crackdowns that may end up compromising the integrity or anonymity of the system that produce such Digital Assets.
  • Users acknowledge that the aforementioned is not an exhaustive statement of risks associated with the using the Digital Assets and that there may be additional risks not listed or foreseen by Coindelta.

H. NO RELIANCE ON INFORMATION

  • Accuracy of information. Although Coindelta makes reasonable efforts to update the information on the Platform, Coindelta makes no representations or warranties, whether express or implied, that the Content on the Platform is accurate, complete or updated.
    For the purposes of these Terms, Content shall mean any information, text, graphics, or other materials uploaded by Coindelta or Users, which appears on the Platform, which may or not be accessible by other Users.
  • General information. Any and all Content on the Platforms is provided for Users general information only. It is not intended to amount to investment advice for Users to rely on. Users must obtain specialist advice before taking, or refraining from, any action on the basis of the Content provided on the Platform. The Content of the Platform, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional investment advice, tips or recommendations of any kind.
  • Review of Content. Coindelta may review content to determine whether it is illegal or violates Coindelta’s policies, and may remove or refuse to display content that Coindelta reasonably believe violates its policies or the law. This does not necessarily mean that Coindelta reviews content, so please don’t assume so.
  • No endorsement. Coindelta shall not be responsible for the content of websites linked on the Platform. Such links should not be interpreted as endorsement by Coindelta of those linked websites. Coindelta will not be liable for any loss or damage that may arise from Users use of them.
  • Content on the Platform. Coindelta displays some content on the Platform which is not Coindelta’s own content. This content is the sole responsibility of the person/entity who makes it available. Reliance on any information appearing on the Platform, whether provided by Coindelta or not, is solely at Users own risk and expense. Coindelta shall not bear any liability for any loss or injury that may arise due to Users reliance on any information published on the Platform. Further, Users acknowledge and agree that in case any claim, damage or liability arises as a result of any such reliance by Users, Coindelta shall have no liability in relation to the same.

I. DISCLAIMERS

  • Transactions. Users shall be allowed to only perform transactions on the Platform being operated by Coindelta, by placing requests and/or orders on the Platform and by following the procedure as specified by Coindelta. Any other terms and conditions pertaining to transactions that will take place at the Platform being operated by Coindelta shall be specified by Coindelta on the Platform from time to time.
  • Bipartite Contract. Coindelta shall not become a party that is directly involved in purchase and sales transactions of Digital Assets, unless in exceptional cases. The role of Coindelta is limited to providing a platform where Digital Assets can be bought and sold based on the requests/orders placed by the Users. Every request/order shall be a strictly bipartite contract between Users. Coindelta shall have no obligations or liabilities in respect of such contract. Further, Coindelta shall not have any rights, title or interest in the Digital Assets. Any unsatisfactory or delayed performance of User, including delays as a result of the actions or omissions by third parties including but not limited to payment gateway providers, pre-paid instruments and wallet providers and any other entities facilitating transfer/remittance of payments in INR, shall not be the responsibility of Coindelta.
  • Erroneous or Disruptive Transactions. Users shall not engage in any trading, practice, or conduct any Erroneous and Disruptive Transactions on Coindelta Platform or any such practice which demonstrate intentional or reckless disregard for the orderly execution of transactions. For the purposes of these Terms, Erroneous and Disruptive Transactions shall mean any transactions which are not placed for the purpose of executing bona fide transactions, and includes:
    • any transaction which causes any disruption or malfunction in the operation of any electronic communications, trading facilities, storage facilities, recording mechanisms, or other components of Coindelta network; or
    • any transaction which causes any other significant business disruption to the Coindelta network, or Coindelta believes that the nullification of any transaction may be necessary for the maintenance of a fair and orderly market and/or the protection of Users interests and/or the public interest.
  • Insufficient balance. Coindelta shall have the right to refuse requests or partly execute the same, if the Wallet has insufficient balance. Users understand that Coindelta shall not be responsible for any delay in executing transactions due to the late arrival or insufficient balances.
  • Pre-arranged Transactions. No User will be allowed to perform or initiate any transaction which has been prearranged prior to being placed on the Platform except with the prior consent of Coindelta and in accordance with the procedure prescribed by Coindelta. If permitted by Coindelta, many such facility of initiating pre-arranged transactions shall not be used for the purpose of creating an artificial price, fictitious trade, or other disruptive, fraudulent, non-competitive, or unfair impact on the market.
  • Disclaimer of Warranties. Each User:
    • expressly acknowledges and agrees that use of the Services and use the Platform at User’s sole risk;
    • acknowledges and agrees that all purchase decisions are made solely by the Users and Coindelta bears no responsibility or liability for the outcome of any User’s decisions;
    • the Platform and all the Services provided thereon are provided on an "as is" and "as available" basis;
    • although Coindelta makes commercially reasonable efforts to provide high quality Services to all Users, Coindelta expressly disclaims and waives all warranties and conditions of any kind, whether express or implied, including, but not limited to the warranties of merchantability, fitness for a particular purpose or title;
    • the Platform may contain bugs, errors, problems or other limitations. Coindelta assumes no liability or responsibility for any errors or omissions in the Content available on the Platform;
    • in case User store or transfer any information and/or data through the Platform, User is strongly advised to make back-up duplicate copies and are solely responsible for any loss;
    • Coindelta is not responsible for the Content uploaded by User on the Platform. Coindelta is not responsible for any direct or indirect damages or losses caused to User, including without limitation, lost profits, business interruption or other loss resulting from use of or reliance in any way on anything available on the Platform. It is solely User’s responsibility to evaluate the accuracy, reliability, completeness and usefulness of Content available on the Platform that is used by User;
    • the Digital Assets available on the Platform are not securities and Users should not expect profits from the purchase of any Digital Assets;
    • User acknowledges that the Reserve Bank of India (RBI) through a Circular dated 6th April, 2018, has directed entities regulated by the RBI (Regulated Entities) not to deal in Digital Assets or provide services for facilitating any person or entity in dealing with or settling Digital Assets. User agrees and acknowledges that Regulated Entitles may temporarily or permanently (A) suspend User’s bank account and/or (B) withdraw any/all Services being rendered to User by such Regulated Entities for executing transactions related to Digital Assets through the Platform. In light of the Circular, User agrees that Coindelta shall have no responsibility and/or liability whatsoever (whether arising directly or indirectly) on account of any (A) delay in and/or suspension of any services provided by the Regulated Entities to User including but not limited to suspension of User’s bank account for trading in Digital Assets; and (B) any other actions or omissions by the Regulated Entities;
    • Coindelta makes no warranty that the Services or the Platform will meet User’s requirements or that access to the Platform will be uninterrupted, timely, accurate or reliable; nor does Coindelta make any warranty as to the permanent availability of any information and/or that may be stored or transferred through the Platform.
    • in case there is any defect in any software being used for the provision of any Services, Coindelta does not make any warranty that defects in such software will be corrected. User understands and agrees that any material and/or data downloaded or otherwise obtained through use of the Platform is done at User’s own discretion and risk and User will be solely responsible for any damage to User’s computer system or loss of data that results from the download of such material or data;
    • no advice or information, whether oral or written, obtained by User from the Platform shall create any warranty not expressly made herein;
    • User agrees that the money transfer facility provided by Coindelta is not a banking or a financial service; and
    • Coindelta does not endorse or recommend any particular Digital Asset, transaction, or purchasing strategy.

J. USER REPRESENTATIONS, WARRANTIES AND COVENANTS

User hereby acknowledges, agrees, represents and warrants that:
  • User is acting for himself/herself (in case of business Users, for such entity alone) and not for any other person;
  • any information provided by User (including without limitation Account Information) is complete, accurate, and not misleading in any respect;
  • User has not relied upon any other person while transacting (including Coindelta);
  • User shall comply with the obligations set forth in these Terms, including without limitation the KYC Policy;
  • User will use the Services for lawful purposes only and shall comply with these Terms and all applicable laws, statutes, by-laws, acts of legislature or parliament, rules, regulations, orders, ordinances, protocols, codes, guidelines, or policies of any governmental authority, including without limitation the Prevention of Money Laundering Act 2002, the Unlawful Activities (Prevention) Act 1967, and all applicable judicial orders and precedents while using and transacting on the Platform;
  • sufficient Digital Assets should be maintained in the User’s Wallet before initiating any request/order and/or transaction. In case the User has insufficient funds in their Wallet, Coindelta may either cancel the request/order or execute a partial transaction. User acknowledges that all orders and/or transactions are irreversible once executed;
  • as the price of Digital Assets are very volatile and subject to fluctuation, User shall acknowledge that the actual market rate at which a request/order and/or transaction is executed may vary;
  • creation and maintenance of all Content in User Account shall be User’s sole responsibility;
  • Coindelta may be required to suspend trading in cases of a force majeure events. Users acknowledge that: (i) access to any of the Services available on the Platform during such periods may be limited or restricted; and (ii) the market conditions may differ significantly, following the completion of such force majeure events;
  • User acknowledges that all requests and/or transactions are irreversible once initiated, and that Coindelta cannot control, confirm, cancel, or reverse any transactions after they are initiated. User shall not have the right to cancel any requests initiated;
  • Coindelta does not control the underlying technology which governs the mining, creation, or sale of any Digital Assets. User acknowledges that Coindelta does not exercise any control over the market price or circulation or volatility of any Digital Assets. The blockchain-based Digital Assets are independently operated by decentralised networks and Users are solely responsible for verifying, confirming, and completing any transactions successfully executed through the Platform; and
  • User agrees to not commence, maintain, initiate, or prosecute, or cause, encourage, assist, volunteer, advise or cooperate with any other person to commence, maintain, initiate or prosecute, any action, lawsuit, proceeding, charge, petition, complaint or claim before any court, agency or tribunal against Coindelta or any of its affiliate, employee, agents, directors, shareholders arising from, concerned with, or otherwise relating to, in whole or in part, delay in and/or suspension of any services provided by the Regulated Entities and/or other any action(s) or omission(s) by the Regulated Entities.

K. INVESTIGATIONS

Coindelta reserves the right to investigate suspected violations of these Terms, including without limitation, any violation arising from any submissions, postings or e-mails that Users make or send to any other forum. Coindelta may seek to gather information from the User who is suspected of violating these Terms, and from any other User. Coindelta may suspend any Users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If in Coindelta’s sole discretion, it is believed that a violation of these Terms has occurred, Coindelta may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn Users, suspend Users and passwords, terminate accounts or take other corrective action as it deems appropriate. Coindelta will fully co-operate with any law enforcement authorities or court order requesting or directing Coindelta to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms.

L. INTELLECTUAL PROPERTY RIGHTS

  • All Content on the Platform is the property of Coindelta, unless otherwise specified in these Terms, and is protected under copyright, trademark and other applicable laws.
  • The trademarks, logos and service marks of Coindelta and any other persons used on the Platform (Marks) are the property of Coindelta and their respective owners.
  • The Platform may in places include third party intellectual property including without limitation, the software used for creating or distributing Digital Assets. Coindelta does not own any rights to such third-party intellectual property and is bound by the license terms for such intellectual property. Hence, by virtue of these Terms, User shall also be bound by the said license terms.

M. INDEMNIFICATION

  • To the maximum extent permitted by applicable law, Users shall indemnify, defend and hold harmless Coindelta and its owners, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, representatives, predecessors, successors and assigns, from and against any claim or demand, actions, damages, costs and expenses including reasonable attorneys' fees, transaction fees, made by any third party or penalty imposed due to or arising out or relating to:
    (a). use of the Services on the Platform;
    (b). breach of these Terms, Privacy Policy and/or KYC Policy; or
    (c). violation of any law, rules or regulations or third-party rights (including, without limitation, infringement of intellectual property rights).
  • Coindelta shall be responsible for providing the Platform where Digital Assets can be purchased and sold, and shall not be obliged to ensure that all requests/orders placed by the registered Users are successfully executed as desired. In the event any request/order placed by a User could not be executed, or a request/order placed by a User has been executed but the contract on the request is subsequently nullified, revoked or there is a cause for challenging its execution or effectiveness, Coindelta shall be exempted from any responsibility for compensating User for the damage suffered.
  • User must investigate, on his/her own, whether the use of the Services by him/her violates applicable laws. Coindelta shall not be responsible for any costs incurred by Users in such an investigation and does not provide any warranty that the use of the Services by each User does not violate applicable laws.
  • Coindelta does not provide any warranty or otherwise take any responsibility as to any transactions, its value, functions, application, or usage (including warranty against defects). Further, in the event a User directly or indirectly obtains any information from Coindelta pertaining to any of the Services, Coindelta shall not provide any additional warranty to User beyond the extent stipulated in these Terms.
  • Coindelta shall take all reasonable measures to rectify any system malfunctioning including, but not limited to, preventing any requests placed by User from being executed or prevent the contracts on those requests from going into effect, or nullifying contracts that have already gone into effect. Coindelta shall have the sole discretion in regard to the procedure for nullifying or correcting any contracts which have gone into effect erroneously and also to determine the amounts to make necessary profit and loss adjustments for the aforementioned process. It shall notify User regarding its decision as soon as possible. Coindelta shall not be liable for compensating for damage suffered by any User in regard to the request or contract cancellation.
  • Coindelta reserves the right to exercise sole control over the defence, at User’s expense, of any claim subject to indemnification. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between User and Coindelta.

N. LIMITATION OF Coindelta’s LIABILITY

  • Coindelta excludes all conditions, warranties, representations or other terms which may apply to the Platform or any Content on it including any information on the Platform itself or the Services, whether express or implied, to the maximum extent permitted by law.
  • In no event shall Coindelta aggregate liability towards any User exceed the fees paid (if any) by such user during the 6 (six) months immediately preceding the date of claim for any direct, indirect or consequential loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, including those arising under or in connection with:
    • use of, or inability to use, the Services or the delays in transmission or operation of the Platform; or
    • use of or reliance on any Content and/or information displayed on the Platforms;
    • errors, omission or deletion of files; or
    • use of the Services provided through the Platforms, whether or not resulting from any communication failure, theft, unauthorised access or a force majeure event.
  • In case User is a business user, User hereby agrees that Coindelta will not be liable for any:
    • loss of anticipated savings;
    • loss of profits, sales, business, business opportunity or revenue;
    • business interruption; and/or
    • loss of business opportunity, goodwill or reputation.
  • User shall not use the Platform for any commercial or business purposes without obtaining a legally valid license to do so from Coindelta in accordance with the procedure specified by Coindelta in this regard.

O. SUSPENSION OF SERVICES

  • Grounds for suspension. Coindelta shall have the right to entirely or partially suspend User’s access to the Platform or interrupt the use of Services by providing prior notice, if:
    • if it becomes impossible for Coindelta to continuously operate the Services due to any force-majeure event;
    • if Coindelta has determined it necessary to suspend or interrupt the Services;
    • any inspection or maintenance service (periodic or emergency) must be performed on any computer system that is related to the Services;
    • if there has been a reduction in the liquidity of Digital Assets or peer Users (where applicable);
    • if any related telecommunication or computer line has stopped properly functioning due to any reasons whatsoever;
    • if Coindelta’s assets have been stolen by hacking or other means;
    • if any investigation is to be carried out by Coindelta on unauthorized account usage or activity; and/or
    • if there is an abnormal situation making it necessary for Coindelta to stop providing the Services.
  • Consequences of suspension. If any User suffers damage as a result of Coindelta suspending, interrupting, or otherwise ceasing to provide the Services, Coindelta shall have no responsibility whatsoever pertaining to such damage.

P. TERMINATION OF ACCESS AND DELETION OF ACCOUNT

  • Grounds for termination. Coindelta shall have the right to: (a) delete or suspend the account of the registered User; (b) refuse to continue providing Users access to the Platform; and/or (c) take any other actions, without notifying Users in advance due to the following grounds:
    • breach of these Terms or any representation made by Users being untrue;
    • an act of depositing Digital Assets on the Wallet for any purpose other than to trade Digital Assets on the Platform;
    • incompetency to contract by virtue of User’s age or otherwise under these Terms or the applicable law;
    • holding more than 1 (one) Account;
    • an act of using another person’s name (including that of a temporary establisher) to open or attempt to open an Account;
    • an act that violates any applicable law, or internal rule or policy of Coindelta;
    • being named under any Sanctions Lists or membership being suspended or terminated by Coindelta for any reason whatsoever;
    • engaging in or have engaged in any act that infringes or harms any intellectual property right, likeness right, right to privacy, reputation, other right or benefit of Coindelta, any other User of the Services, or other third parties (including an act that could directly or indirectly evoke the aforementioned act;
    • if a User has interfered with the operation of the Services regardless of the means;
    • an act of transmitting information that includes a computer virus or other harmful computer program;
    • an act of selling, purchasing, transmitting or receiving Digital Assets to or from a party that is not a registered user, using a User Account; and/or
    • engaging in or have engaged in any act that is related to money laundering, or any similar act thereto, an act that is related to a criminal activity, or an act that violates public order and good morals.
  • Consequences of termination. In case User suffers any damage due to the actions taken by Coindelta under sub-clause (i) above, Coindelta shall not be responsible for compensating for such damage under any circumstances. If a User falls within the ambit of sub-clause (i) above, Coindelta shall have the right, at its sole discretion, to perform reversing transactions to settle any unsettled funds held by User in all outstanding leverage transactions. This may be done without providing any prior written notice to User. Upon deletion of Account, Coindelta shall not be under an obligation to return any documents or information provided by User prior to the deletion of the Account.
  • Survival of Terms. After deletion of the Account, User shall continue to be bound by such Terms which by their very nature survive termination. It is expressly agreed by the Parties that User shall not have any right to terminate the Terms. The only recourse available to User is to stop accessing the Platform and using the Services.

Q. RELEASE AND WAIVER

  • User hereby releases and waives all claims against Coindelta, and its subsidiaries, affiliates, officers, agents, licensors and/or other partners, and employees, to the maximum extent permitted under applicable law, from any and all liability, claims, damages, costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to User’s use of the Platform, the Services, Content or use of the Digital Assets.
  • User further acknowledges and understands that any fact in relation to any matter covered by this release may be found to be different from now; and User accepts and assumes the risk of such possible differences in fact. Further, User expressly waives and relinquishes all rights and benefits under statute or common law principles of similar effect, to the fullest extent permitted by law.
  • If Coindelta fails to insist that User perform any of its obligations under these Terms, or if Coindelta does not enforce its rights against User, or if Coindelta delays in doing so, that will not mean that Coindelta has waived its rights against Usersand will not mean that User does not have to comply with those obligations. If Coindelta does waive a default by User, it will only do so in writing.

R. MISCELLANEOUS

  • Third Party Phishing Scams. There may be fake websites pretending to be Coindelta. They often use misspelled URLs to trick User into sending them Digital Assets. DO NOT USE ANY SERVICE THAT ISN'T LOCATED EXACTLY AT https://coindelta.com/. Coindelta is not responsible for funds that have been sent to any fake websites. User is responsible to verify the accuracy of the domain and to search for the security certificate in the URL bar of the browser. In case User has any doubt, they must contact Coindelta directly and report any such fake websites through the Coindelta Support Team available at https://support.coindelta.com/. Users may also send Coindelta an e-mail at support@coindelta.com.
  • Linking and Framing. In case a User chooses to authenticate the User Account through a third-party service, like Google, User is linking that account to User Account. User may link to Coindelta home page, provided User does so in a way that is fair and legal and does not damage Coindelta reputation or take advantage of it. User must not establish a link in such a way as to suggest any form of association, approval or endorsement on Coindelta part where none exists. User must not establish a link to the Platform in any website that is not owned by User. Coindelta website must not be framed on any other website, nor may User create a link to any part of the Platform other than the home page. Coindelta reserves the right to withdraw linking permission without notice. If User wishes to make any use of Content on the Platform other than that set out above, they may do so by raising a support ticket at https://support.coindelta.com/support/how-to-create-submit-a-ticket.html.
  • Electronic Communications. When User visits the Platform or send e-mails to us, User is communicating with Coindelta electronically. User consents to receiving communications from Coindelta electronically. Coindelta will communicate with User by e-mail or by posting notices on this Platform. User agrees that all agreements, notices, disclosures and other communications that Coindelta provides to User electronically satisfy any legal requirement that such communications be in writing. User agrees that in case there are any changes in any information provided by User to Coindelta, including User’s e-mail address and other contact details, User will be solely responsible to update them regularly. If Coindelta sends any communication by e-mail, it shall be sent to User’s e-mail address available on the records created by User on the Platform and it shall be deemed to have been received by User once it is reflected as sent in the outbox of Coindelta e-mail id. User may opt-out of receiving any electronic communications from Coindelta at any time by raising a support ticket at https://support.coindelta.com/support/how-to-create-submit-a-ticket.html. User acknowledges that by sending any communication or information to User either through email or the Platform, Coindelta is not providing User with any ‘investment advice’.
  • Governing Law and Jurisdiction. The Terms, its subject matter and its formation, are governed by, construed under and enforced in accordance with the laws of India. The courts of India will have exclusive jurisdiction to deal with any dispute arising out of or in connection with these Terms or any other terms and conditions made applicable on User by us. User consents to the jurisdiction and venue of such courts and waives any objection as to inconvenient forum. In case User chooses to access the Platform from any jurisdiction not governed by the laws of India, User is solely responsible for compliance with local laws of that jurisdiction and all applicable laws of such jurisdiction.
  • Severability. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, other provisions of such the Terms shall remain in full force and effect.
  • Relationship of the Parties. Notwithstanding any provision of the Terms, for all purposes including, without limitation, execution of any request and/or transaction initiated by User through the Platform, User and Coindelta shall be and act independently and not as a partner, joint venture, agent, intermediary, broker or in any other fiduciary capacity. User shall not have any authority to assume or create any obligation for or on behalf of Coindelta, express or implied, and User shall not attempt to bind Coindelta to any contract. No communication or information provided by Coindelta to User shall be considered or construed as advice.
  • Entire Agreement. These Terms, the Privacy Policy and the KYC Policy (incorporated by way of reference herein) comprise the entire understanding and agreement between User and Coindelta 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 these Terms), and every nature between User and Coindelta. Section headings in these Terms are for convenience only and shall not govern the meaning or interpretation of any provision of these Terms.

S. CONTACT US

In case User has any queries, complaints and/or feedback, User can raise a support ticket at https://support.coindelta.com/support/how-to-create-submit-a-ticket.html).

In case User does not agree with these Terms and wishes to opt-out of any provision therein, User can raise a support ticket at https://support.coindelta.com/support/how-to-create-submit-a-ticket.html. User shall not have the right to use the Platform and/or the Services till such request made by User is accepted by Coindelta expressly in writing.

In case User does not wish to continue using any of the Services and wants to deactivate the User Account, User can raise a support ticket at https://support.coindelta.com/support/how-to-create-submit-a-ticket.html.



THANK YOU FOR VISITING THIS PAGE.