Terms & Conditions (USER AGREEMENT)
This User Agreement (this “Agreement”) sets forth the legally binding terms and conditions your access to and use of any websites, mobile sites, mobile applications, desktop applications, products or services (the “Services”) offered by I-Block Technologies Private limited (‘Company’), incorporated under the laws of India and having its registered office at Suit no-405, 4th floor H-221 SECTOR-63, Noida Gautam Buddha Nagar UP 281301 Noida(Uttar Pradesh), India its owners, directors, investors, employees or other related parties, which owens and operate the BuyUcoin Platform. Where the context so permits and “BuyUcoin (to the extent further described below) (“BuyUcoin”, “us”, “our”, and “we”). The “User”, “you”, “your” shall refer to any natural person or entity and its authorized users that subscribes or uses the Services. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.
As this is a legally binding contract, the User is cordially requested to carefully read through this agreement and related notices before using any of BuyUcoin’s Services.
DEFINITIONS AND INTERPRETATION
In this agreement the following terms, unless the context otherwise indicates, will have the following meanings:
AML Regulations means India’s Prevention of Money Laundering Act, 2002 and the Rules framed thereunder.
AML Policy means the policies and programs maintained by BuyUcoin to comply with the AML Regulations.
Business Day means a day that is not a Saturday, Sunday or Public holiday in Noida, Uttar Pradesh, India.
BuyUcoin Platform shall collectively mean and include BuyUcoin Android App, BuyUcoin iOS App (collectively, “BuyUcoin App”) or BuyUcoin Web app (“Web version”) and BuyUcoin website “www.BuyUcoin.com” (“BuyUcoin Website”), BuyUcoin OTC Trading Platform (OTC desk ) and other web assets on the BuyUcoin.com domain, together with the BuyUcoin Developer Portal, Public APIs and secure authentication for Users.
BuyUcoin Services or Services means the services made available from time to time on the BuyUcoin Platform.
BuyUcoin Wallet means an online address accessible through the Online Platforms and operated by a User for storage of its Digital Assets;
Company means I-Block technologies private limited company having its registered office at Infinity Business Tower, 4th floor Suite:405, H-221 Sector63, Noida.
Competent Authority means the relevant government authority in India, as notified or may be notified, depending on the context.
Content means any information, text, graphics, or other materials uploaded by the Company or the users, which appears on the Online Platforms for other users to access.
Digital Assets refers to blockchain based Crypto Assets such as Bitcoins, Litecoin, Ethereum, Ripple, etc., as well as proprietary coins and tokens.
Fiat Wallet means an online address accessible through the Online Platforms and operated by a User for the storage of the User’s fiat currency holdings.
Funds refers to both Digital Assets and fiat currency, as the case maybe
Force Majeure shall mean and include any cause arising from or attributable to acts, or events, beyond the reasonable control of BuyUcoin , 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.
KYC means Know Your Customer requirements as determined by BuyUcoin or under the AML Regulations.
Linked Bank Account refers to any bank account owned and operated by the User and held with a Scheduled Commercial Bank, whose details were provided by the User during the activation process.
User or Customer shall mean persons availing of the BuyUcoin Services (as defined below), directly or indirectly, and are referred to herein as “Users”.
The Service operated by Company in the name of BuyUcoin allows buyers (“Buyers”) and sellers (“Sellers”), to buy and sell digital assets (for more information on digital assets, please refer to http://www.bitcoin.org).
The Service provided BuyUcoin also allows all registered users of the Service (“Members”) to:
1. transfer digital assets to other Members or other users of digital assets outside the Website,
2. send and receive digital assets,
3. purchase and sell digital assets, and
4. use digital assets for purchasing goods *
It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Services, and to withhold, collect, report and remit the correct amount of tax to the appropriate tax authorities. Your transaction history is available through your User Account. BuyUcoin is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
In addition to providing this information, to facilitate compliance with global industry and government standards for data retention, the user agrees to permit BuyUcoin to keep a record of such information for the lifetime of the User’s Digital Asset Account plus five (5) years after closing that account or the minimum period required by applicable law (India), whichever is later.
The user also authorizes BuyUcoin to make inquiries, either directly or through third parties, that are deemed necessary to verify the user’s identity or to protect the user and/or BuyUcoin against financial crimes such as online fraud, etc.
· All Users must register for a BuyUcoin user Asset Account before using the BuyUcoin Platform via our standard application procedure. To register for an account, the user must provide his or her real name, email address and such other requested information including KYC documents with due diligence in accordance with the AML regulations and FEMA guidelines (in case user is NRI )
The identity verification information which may be requested can generally include but not limited to:
1 Full Name
2 Email Address,
4 Telephone Number
5 Government Issued ID/Passport
6 Date of Birth
7Proof of address
8 Bank account details
9 Photographs and images.
10 Government Issued Tax Identification Number
In providing this required information, the user confirms that all such information is accurate and authentic. Post-registration, the user guarantees at all times that the information is truthful, complete and updated in a timely manner with any changes. If there is any reasonable doubt that any information provided by you is wrong, untruthful, outdated or incomplete, BuyUcoin shall have the right to send you a notice to demand corrections, remove relevant information directly, suspend or terminate all or part of the BuyUcoin Services to the user.
The user may only start trading with BuyUcoin on the BuyUcoin Platform after the initial transfer of funds is credited to the user's Asset Account and such transfer has been cleared.
Depending on certain conditions and at its sole discretion, BuyUcoinmay refuse to open an account for you for any reason whatsoever or without assigning any reason to the User.
Upon activation of your User Account, BuyUcoin will provide you with a Fiat Wallet and a BuyUcoin Wallet. These Wallets enable you to purchase, send, receive or store Digital Assets supported by the Online Platforms. You are required to maintain a minimum balance of Funds in your Wallets before you initiate an order and/or transaction. BuyUcoin reserve the right to refuse to execute any order and/or transaction initiated by you, if they are in contravention to the AML Policy or to comply with directions of appropriate enforcement authorities.Values indicated in your BuyUcoin Wallet are indicative only. This may fluctuate while placing a sell/buy order. Please Ensure Market Price before placing an order. BuyUcoin will not be responsible for your trading losses.
The use of the Website and the Service may entail multiple risks including but not limited to the following risks:
1. Digital Asset transactions are technically irreversible once it hits the network. The digital Assets you buy will be sent to your BuyUcoin wallet or to your own digital Asset address provided. If you lose or delete your own digital Asset wallet, you will lose your digital Asset in it and the same cannot be restored. The digital asset wallet address provided to you by BuyUcoin is only a way for you to deposit or accept digital assets into your BuyUcoin wallet. The owner of these digital asset wallet addresses will be BuyUcoin and the outgoing transactions from these digital asset wallet addresses will not be related to you or to your BuyUcoin account. When you send out digital asset from BuyUcoin wallet to other digital asset address, the “From” address for such digital asset transaction will be a temporary address and it won’t be same as the digital asset wallet address provided to you. If there are any chances of reversals or pay-back for a digital asset transaction you initiated from BuyUcoin, it will be your responsibility to explicitly provide your digital asset address provided by BuyUcoin to receive such digital asset transaction payment. Any digital Asset that is not send to your BuyUcoin provided digital asset wallet address cannot be claimed to be from you. You also can neither request any reversals of such transactions nor request for the credit of those digital assets into the digital asset balance in your account at BuyUcoin.
2. Digital asset value tends to fluctuate on a minute to minute basis, due to which there may be an increase or decrease in the value of the digital assets. Digital assets are subject to large swings in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling or trading in digital assets.
3. Digital asset is an as-yet autonomous and largely unregulated worldwide system of value transfer between individuals. It is not backed by any government or commodities and hence may be susceptible to risks not generally associated with government or central bank backed currencies.
4. There is also the risk of loss of confidence in digital asset trading, which could collapse demand relative to supply. For example, confidence might collapse in digital assets because of unexpected changes imposed by the software developers, the creation of superior competing alternatives, a deflationary or inflationary spiral, or due to governmental actions. Confidence might also collapse because of technical problems, for instance, if the anonymity of the system is compromised, or if any entity is able to prevent any transactions from settling.
5. BuyUcoin reserves the right to delist any coin or token. Our team of researchers periodically review each digital asset we list to ensure that it continues to meet the high level of standard we expect. When a coin or token no longer meets this standard or the industry changes. Delisting of coins or currency pairs can be voluntary delisting, if the coin issuer decides on its own to delist the Coin and applies to BuyUcoin for delisting of its coin. It can be compulsory if BuyUcoin does Suo-motu as a penal measure in the interest of investors. For more info read the listing/delisting policy available at BuyUcoin website.
You should carefully assess whether your financial situation and tolerance for risk is suitable for buying, selling or trading digital Assets.
BuyUcoin uses its banking service providers only for the receipt of user money and making payments. Our banking service providers do not transfer digital assets, exchange digital assets, or provide any services in connection with digital assets.
LIMITED RIGHT TO USE
Unless otherwise specified, all Materials on this Website are the property of the Company and are protected by copyright, trademark, and other applicable laws. You 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 BuyUcoin and others used in this Website (“Trademarks”) are the property of the Company and their respective owners. The software, text, images, graphics, data, prices, trades, charts, graphs, video, and audio used on this Website belong to the Company. The Trademarks and Materials should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, whether manual or automated. The use of any such Materials on any other website or networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, trademark, and other applicable laws and could result in criminal or civil legal actions and penalties.
MAINTAINING YOUR USER ACCOUNT
BuyUcoin platform is for your personal and non commercial use only, for using BuyUcoin platform a user should be competent to contract under the Indian Contract Act (1872) and his/her conduct will not be in violation of the law, public interests, public ethics or other’s legitimate interests.
If the user is an individual he/she should be at least 18 years old and if the user is a body corporate, unincorporated association, trust or other legal structure, the user is validly existing in accordance with applicable law and regulations. The user should have obtained all necessary consents, licenses and authorisations and has full power and authority (in accordance with its constitutional and organisational documents, where relevant) to enter into this agreement and all transactions at BuyUcoin platform.
Each user shall have one user asset account only. Multiple accounts for the same user shall not be allowed.
TERMINATION AND SUSPENSION
You may terminate this agreement with the Company, and close your User Account at any time, following settlement of any pending transactions.
BuyUcoin reserves the right to suspend, block, cancel or reverse a transaction and/or refuse to continue providing you with access to the Online Platforms are (even if even after funds have been debited from your User Account)if BuyUcoin discovers that you are: (a)incompetent to contract by virtue of your age or otherwise under these Terms or the applicable law and/or (b) in breach of the Terms and applicable law.
BuyUcoin also reserves the right to cancel unverified Accounts or Accounts that have been inactive for a period of 6 months or more, and/or to modify or discontinue our Website or Service. Members agree that BuyUcoin will not be liable to them or to any third party for termination of their Account or access to the Website.
You hereby agree that the suspension of an Account shall not affect the payment of the commissions due for past Transactions. Upon termination, Members will receive any monies owed to them via their registered bank account with BuyUcoin.
ASSIGNMENT OF RIGHTS
AVAILABILITY OF SERVICES
You understand and agree that any material and/or data downloaded or otherwise obtained through use of the Services or Online Platforms is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material or data. In case you store or transfer any information and/or data through the Services or the Online Platforms, you are strongly advised to make back-up duplicate copies and are solely responsible for any loss.
The Website may provide links or other forms of reference to other websites (“External Websites”) or resources over which we may not have control. You acknowledge that BuyUcoin is providing any such links or references of External Websites or resources to you only as a convenience and that BuyUcoin makes no representations whatsoever about any External Websites which you may access through this Website, including such External Websites being free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. BuyUcoin is not responsible for the availability of, and content provided on any External Websites. You are requested to review the policies posted by such External Websites regarding privacy and other topics before use. BuyUcoin is not responsible for third party content accessible through the Website, including opinions, advice, statements, prices, activities, and advertisements, and you shall bear all risks associated with the use of such content.
The Content on the Online Platforms is provided for general information only. It is not intended to amount to investment advice on which you should rely. You must obtain specialist advice before taking, or refraining from, any action on the basis of the content provided on the Online Platforms. Platforms are executed automatically, based on the parameters of your order instructions and in accordance with our trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. BuyUcoin will not be liable for any loss suffered by you in connection with any transaction involving digital assets.
Our business model, and our Service, consists of facilitating the buying, selling, sending and receiving of digital assets and their use to purchase goods in an unregulated yet responsible, international open payment system. The Service provided is currently unregulated within India.
Email messages sent over the Internet are not always secure and BuyUcoin is not responsible for any damages incurred by the result of sending email messages over the Internet. It is recommended to submit sensitive information by using the form provided in the URL https://www.buyucoin.com/contact where the information passes under the security layer and is encrypted.
You are solely responsible for ensuring that your use of the Services is in compliance with all laws, rules and regulations applicable to you and the right to access the Services is automatically revoked where use of the Services is prohibited or to the extent that the offering, sale or provision of the Services conflicts with any law, rule or regulation applicable to you.
All users of the BuyUcoin Platform and any of its services acknowledge and declare that the source of their funds come from a legitimate manner and are not derived from illegal activities. BuyUcoin maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate the user account and user fiat which are flagged or investigated by legal mandate.
If the user has any complaints, feedback or questions, the user shall contact us by using the form provided in the URL https://www.buyucoin.com/contact and BuyUcoin shall make our best efforts to resolve the issue with expediency. BuyUcoin shall not provide any support services to walk-in users.
DISPUTE, GOVERNING LAW AND JURISDICTION
LIMITATION OF LIABILITY
Users of this website are responsible for their actions in connection with the use of the Website, Service, and their Accounts. Users are also responsible for protecting access information to the Website including, but not limited to, user names, passwords, and bank account details. BuyUcoin is not responsible for the outcome, whether positive or negative, of any action performed by any of its users within or related to the Website. Some deposits and withdrawal methods require BuyUcoin to use personal details of the user including, but not limited to, name, address, email, phone number, and bank account number, IFSC code, etc. and you agree that BuyUcoin can use these information to facilitate deposits and withdrawals.
Please note that all Services provided through the BuyUcoin Platforms are only for domestic and private use. You agree not to use the Buyucoin Platforms for any commercial or business purposes without obtaining a legally valid license to do so in accordance with these Terms.
Notwithstanding anything to the contrary, BuyUcoin shall not be obligated to make any payment or take any other action under these Terms if it is believed to be in good faith that such action may constitute a violation, or contribute to any violation, of any applicable law and BuyUcoin shall not be liable to you for any claims, losses, or damages arising from our exercise of its right provided herein.
BuyUcoin will neither be liable for any loss caused to the User due to discontinuation of any crypto/digital asset that is being offered through the BuyUcoin platform nor for any discontinuation, alteration, suspension or termination of any part of the services offered at BuyUcoin Platform caused or occasioned by any Force Majeure event or any change in applicable law with respect to crypto/digital assets.
FORCE MAJEURE ·
BuyUcoin Services are offered only on the digital domain, which is subject to risks including offensive attacks. BuyUcoin shall not be liable for any loss caused to the User’s account or the user fiat or crypto/digital asset accrued therein if the same arises due to any Force Majeure event, including commissions or omissions by third parties, forces of nature, offensive attacks on BuyUcoin 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 BuyUcoin.
· 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 BuyUcoin; offensive attacks including virus attack (You should use your own virus protection software), hacking, denial of service attack or theft of the personal devices of the User resulting in loss to the account.
To the maximum extent permitted by law BuyUcoin 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. BuyUcoin shall also not be liable or responsible for losses caused due to any disclosure by User of any User account details, including on account of a phishing attack or other third-party disruption.
MODIFICATION TO THESE TERMS AND SERVICES
It may be done individually or generally without prior notice that the services shall be changed, modified, limited, stopped or truncated; functionalities and features may be added or removed.
A notice given under this clause will be deemed to be received:
1. if hand delivered, at the time of delivery;
2. if sent by prepaid post, three Business Days after the date of posting;
3. if sent by electronic message to [email protected], when the sender receives an automated message confirming delivery or eight business hours after the message has been sent (as recorded on the device from which the sender sent the message) unless the sender receives an automated message that the electronic message was not delivered or the sender knows or reasonably should know that there is a network failure and accordingly knows or suspects that the electronic message was not delivered, unless a notice is received after 5.00 PM on a Business Day in the place of receipt or at any time on a non Business Day, in which case, that notice is deemed to have been received at 10:30 AMon the next Business Day.