Acceptance

By using Coinome website www.coinome.com or Coinome mobile app (collectively the “Website”) and further by registering with Coinome and creating your account (“Account”) to use the live trade engine (“Trade Engine”) for trading in cryptocurrencies such as Bitcoins, Ethereum and such other cryptocurrencies that Coinome may trade in from time to time (collectively “Cryptocurrencies” and each individually a “Cryptocurrency”), you (“User”) are hereby agreeing to be bound by these terms and conditions (“Trading Terms and Conditions”). Coinome reserves the right to update and change, from time to time, these Trading Terms and Conditions, and any other document without any notice to or re-acceptance from the User and any such change/updation shall be effective from the date of posting on the Website. The User’s continued use of the Website following the posting of a notice of changes to the Trading Terms and Conditions signifies that the User’s acceptance to such changes and that all subsequent transactions by the User will be subject to the amended Trading Terms and Conditions.

As used herein, Coinome refers to Hatio Innovations Private Limited, a private limited company incorporated under the laws of India and having its registered office at 801, Supreme Chambers, 17/18, Shah Industrial Estate, Andheri (W), Mumbai – 400053.

Disclaimer

1. Coinome provides a platform for trading in Cryptocurrencies. The User hereby expressly agrees and warrants that:

   • The User is aware that the prices of Cryptocurrencies are extremely volatile in nature whose prices are subject to sharp changes (Cryptocurrencies may even become worthless) which may cause huge losses to the User. There may also be additional risks and uncertainties that have not been mentioned in these Trading Terms and Conditions. The User has sole responsibility to assess whether the User can manage the risk associated with trading in Cryptocurrencies.

   • Coinome has in no way induced or lured the User into opening an Account with Coinome to trade in Cryptocurrencies;

   • The User is legal owner of the money used to purchase and trade Cryptocurrencies and the same has been received by the User through legal means and channels and is not in any way connected with any illegal or fraudulent activity;

   • The User is the legitimate owner and is allowed to use all Cryptocurrencies deposited on his/her Account and that the transactions being carried out by the User do not infringe the rights of any third party or any applicable laws;

   • All information provided by the User to Coinome including all identity and personal information as well as documents are true and accurate in all respects;

   • The User shall use the Account with Coinome only for trading of Cryptocurrencies;

   • The User is above 18 years of age, is of sound mind, and has the legal and mental capacity to enter into legally binding contracts with third parties;

   • The User is a resident citizen of the Republic of India; and

   • The User is aware that Coinome may change these Trading Terms and Conditions at any time and the User hereby provides consent to any such changes.

2. Coinome and its owners/affiliates are not liable for any damages caused by any performance, failure of performance, error, omission, interruption, deletion, defect, delay in transmission or operations, computer virus, communications line failure, and unauthorized access to the personal accounts or Account. Coinome is not responsible for any technical failure or malfunction of the software or delays of any kind. Coinome is not responsible for non-receipt of registration details or e-mails. Users shall bear all responsibility of keeping any password secure. Coinome is not responsible for the loss or misuse of the password.

3. Coinome is not responsible for the content of any of linked or external third party sites. By providing access to other web-sites, Coinome is neither recommending nor endorsing the content available in the linked or external third party websites.

4. Coinome and the User are aware that Cryptocurrencies are as yet unregulated in India. It is not backed by any government or central bank backed currencies. Regulation in future may limit or prohibit the usage of Cryptocurrencies in India. New legislation may also affect the operations of Coinome, which, as a registered company in India, will comply with all relevant laws and regulation. The User understands the current legality of Cryptocurrencies and shall not hold Coinome liable for any proceedings against the User in any Court of law or before any governmental, administrative, regulatory, judicial or quasi-judicial authority for using the Website or Account. The usage of the Website is subject to applicable laws and is available to only those Users who are permitted to use the services of the Website as per applicable laws. The Users undertake that by using the Website, the User is permitted to do so under applicable laws.

5. The Users are hereby duly cautioned that while there have been no legal restrictions till date in India against trading in ‘virtual currencies’ (including in Cryptocurrencies) Cryptocurrencies have not been recognised or authorised as legal tender, medium for payment, as a commodity for trade, or in any form, by central bank, monetary authority, or governmental or regulatory body in India. The Reserve Bank of India (“RBI”) has currently issued three press release viz. dated December 24, 2013, February 1, 2017 and December 5, 2017 respectively, cautioning users, holders and traders against the use of, and trading in, Cryptocurrencies and regarding the potential economic, financial, operational, legal, customer protection and security related risks associated in dealing with such Cryptocurrencies. RBI vide press release dated February 1, 2017, has also clarified that it has not given any licence/authorisation to any entity/company to operate such schemes or deal with Cryptocurrencies. Copies of these circulars are available on the website of RBI. Users are further cautioned that any transactions in Cryptocurrencies through Coinome are subject to the regulations, orders etc that may be made, passed or implemented by Indian governmental, regulatory and judicial bodies. Users shall therefore avail of the services offered by Coinome taking into account and being fully aware of the said cautionary advice and of the regulatory and financial risks inherent in dealing with Cryptocurrencies in any manner whatsoever.

6. Coinome has drafted a Privacy Policy which is available on the Website and the User hereby specifically agrees to the terms contained in the Privacy Policy.

7. For the purposes of section 43A of the Information Technology Act, you agree that: (a) “reasonable security practices and procedures” means the Privacy Policy of Coinome; and (b) accordingly, the rules of the Government of India notified under section 43A of the Information Technology Act, 2000 are hereby excluded.

Risks

1. The User acknowledges that he is fully aware of the risks involved in online trading activities, including the risk involved due to unauthorized access or any technical difficulties. Furthermore, in a technical environment, should an error occur with respect to the tracking of any account holding or order entry, the true, actual and correct transaction or position may not be restored. It is the User’s responsibility to ensure account correctness and accuracy and to contact Coinome immediately in respect of any discrepancies.

2. Users are advised to use the content and data on the Website for the purpose of information only and rely on their own judgment while making investment decisions. In case Coinome gives any information on the Website, such information shall not be considered as advice of any kind and the User shall use its own judgment to make all decisions.

3. Coinome does not make any personal recommendations. The information on our Website is provided solely to enable Users to make their own investment decisions and does not constitute a recommendation to buy, sell or otherwise deal in Cryptocurrencies.

4. The User understand that Coinome is only a trading platform to enable purchasing or selling of Cryptocurrencies between Users. The value of Cryptocurrencies may vary drastically depending on the market conditions for trading the Cryptocurrencies.

5. The User undertakes that the prices of the Cryptocurrencies as displayed on the Website are binding on the Users and the Users waive all their rights and claims against Coinome in relation to any dispute with respect to the prices of the Cryptocurrencies as determined and displayed by Coinome.

6. The User undertakes to not dispute the methodology used by Coinome to determine the prices of the Cryptocurrencies. The User acknowledges and agrees that the prices of the Cyrptocurencies are extremely volatile and may vary within a matter of seconds. Coinome is absolved from any liability on account of any loss suffered by the User while using the Website and trading in Cryptocurrencies.

7. The price and value of investments in Cryptocurrencies and the income derived from them can go up or down and you may not get back the capital invested. Changes in the rate of exchange may have an adverse effect on the value, price and value of your investment. Past performance is not necessarily an indicator of future performance. The services and investments in Cryptocurrencies may have tax consequences and it is important to bear in mind that Coinome does not provide any tax advice regarding Cryptocurrencies and the increase or decrease in their value. The level of taxation depends on individual circumstances and such levels and bases of taxation can change. You should consult your own tax advisor in order to understand any applicable tax consequences.

8. Cryptocurrency trading has specific risks, which may not be shared with other official currencies, goods or commodities in a market. Unlike most currencies, which are supported by government reserves or other legal entities, as well as commodities such as silver and gold, Cryptocurrency is not backed by any Government authority. Cryptocurrency is only backed by mathematics, technology and trust. The currency is absolutely decentralized, which means there is no authority that can take corrective measure to protect the Cryptocurrency value in a crisis or issue more currency. When using Cryptocurrencies, Users put their trust in the digital, decentralized and mostly anonymous system, which relies on P2P networking and cryptography to maintain its integrity. Trading in Cryptocurrencies is susceptible to irrational or rational bubbles or absolute loss of confidence, which could collapse demand/supply. Any actions, even remotely connected to Cryptocurrencies can crash confidence in this currency, such as unexpected changes imposed by the currency developers, a government crackdown, the creation of a superior competing Cryptocurrency alternative, or even a deflation or inflation spiral. Confidence might also collapse because of various technical problems: if the anonymity of the system can be compromised, funds lost or stolen, or in the event that hackers or governments become able to prevent Cryptocurrency transactions from settling. Coinome shall not be liable for any loss caused to the User due to any of the risks related to trading in Cryptocurrencies, whether currently known or unknown.

9. Cryptocurrencies purchased using a bank account or credit card or any other deposit method may be reversed at a later time, for example, if such a payment is subject to a chargeback, reversal, claim or is otherwise invalidated. A Cryptocurrency transaction may be unconfirmed for a period of time and never complete if it is in a pending state.

10. Price and availability of products and services offered on the site are subject to change without prior notice. Coinome may provide information about the availability of products or services to a certain extent but the Users should not rely on such information. Coinome will not be liable for any lack of availability of products and services the User may order through the site.

Registration

1. General: The User hereby agrees and warrants that all information and particulars provided by the User has been provided voluntarily without any inducement or pressure and is true to the best of his/her knowledge and belief. In case any particulars provided by the User are incorrect or fraudulent, Coinome shall be at liberty to terminate the User’s Account. Coinome further reserves the right, at its sole discretion, to deny the User access to the Trade Engine or any portion thereof without notice for any reason it deems fit, including: (a) any unauthorized or illegal access or use by the User; (b) any assignment or transfer (or attempt to do the same) of any rights granted to the User under these Trading Terms and Conditions; (c) any violation of these Trading Terms and Conditions.

2. Using Google ID, Facebook ID or Twitter ID: Users may be given the option of signing in using their Google ID, Facebook ID or Twitter ID. Logging on to Coinome with the Google ID, Facebook ID or Twitter ID gives the User the convenience of not having to remember yet another password - without compromising on privacy, or the safety of the individual email account. Coinome does not store the User’s Google/Facebook/Twitter password information. The password of every User who chooses to log in using the Google ID/Facebook ID/Twitter ID is sent to Google/Facebook/Twitter for verification, and is not saved on our systems.

3. Single Registration: Each individual is allowed to register only once and no person is allowed to create multiple Accounts. For the sake of abundant clarity, a User who uses the Website for (a) its wallet service to store Cryptocurrencies; and (b) for the trading platform for trading in Cryptocurrencies, is also allowed to register only once and the same Account must be used for both purposes. If any User is found to be using or registered with multiple Accounts, such User’s access to the Trade Engine may be terminated. The use of scripts or any automated system to register is strictly prohibited. Coinome assumes no responsibility for lost, late, incomplete, incorrect, or misdirected registrations. Coinome is not responsible for technical, hardware or software malfunctions, misdirected entries, lost or unavailable network connections, or other communications or other technical problems related to the registration.

4. Know Your Customer (KYC) process: Coinome may undertake any KYC process on the Users prior to providing access to the Users to use the Website or Account. The User undertakes to provide all information and disclosures as required by Coinome. KYC process may require an updation from time to time and the Users may be directed to furnish additional documents to Coinome. The Users agree that Coinome may disclose any KYC information received from the Users to any entity if requested by any Government authority, court of law, or otherwise at the sole discretion of Coinome.

Linking of Bank Account

1. The User may link his/her Indian Bank Account with Coinome in the following manner: Click on the “Bank” link on the web page after logging into your Account. Fill in the bank details requested on the web page including bank account number, IFSC Code, etc. and submit the same. Your Coinome Account will, after verification, automatically get linked to your Bank Account.

2. Coinome expressly disclaims all responsibility for any loss caused to the User due to the linking of the User’s Coinome Account with the User’s bank account or while executing any trades using Coinome, for whatever reason, unless the same has been caused due to the gross negligence of Coinome.

3. Know Your Customer (KYC) process: Coinome may undertake any KYC process on the Users prior to providing access to the Users to use the Website or Account. The User undertakes to provide all information and disclosures as required by Coinome. KYC process may require an updation from time to time and the Users may be directed to furnish additional documents to Coinome. The Users agree that Coinome may disclose any KYC information received from the Users to any entity if requested by any Government authority, court of law, or otherwise at the sole discretion of Coinome. The Users hereby expressly agree and confirm that they have no objection in authenticating themselves with Aadhaar based authentication system and consent to providing their Aadhaar number, biometric and/or one time pin/password (OTP) data (and/or any similar authentication mechanism) for Aadhaar based authentication for the purposes of registering themselves with Coinome. The Users understands that the Aadhaar number, biometrics and/or OTP and/or any other authentication mechanism they may provide for authentication shall be used only for authenticating their identity through the Aadhaar authentication system for completing the KYC process of Coinome and for no other purposes. The Users agree that Coinome may have access to the Users personal data while using the Aadhaar based authentication.

Rules

1. The Trade Engine: The Trade Engine is a live Cryptocurrency trading platform whereby the Users can use real money to buy and sell actual Cryptocurrencies from their Accounts with Coinome. Users can also trade between various Cryptocurrencies.

2. Opening Account and Starting: Once the User creates an Account by registering with Coinome, the User will be allowed to enter the exchange area. Each Account will be linked with the User’s bank account as per the details provided by the User who can use the money in such linked bank account and start trading with other users. Once the User enters the trading area the User will see the following displays:

   • Buy Price – This is the current price at which the Users can purchase a specific Cryptocurrency. This is the exchange rate based on the last trade that has been completed (“Buy Price”). A User can also choose to input his/her own specific bid price when the User places a trade request.

   • Sell Price – This is the current price at which a specific Cryptocurrency can be sold. This is the exchange rate based on the last trade that has been completed (“Sell Price”). A User can also choose to put in his/her own specific ask price when the User places a trade request.

   • 24 Hr High – Is the highest price of a Cryptocurrency on the exchange in the last 24 Hours

   • 24 Hr Low – Is the lowest price of a Cryptocurrency on the exchange in the last 24 Hours.

   • 24 Hr INR Volume – This is the total amount of Rupees that have been transacted on the exchange in the last 24 Hours.

   • 24 Hr Cryptocurrency Volume – This is the total amount of a specific type of Cryptocurrency that have been transacted on the exchange in the last 24 Hours.

3. Coinome Price Comparison Chart: The Coinome Price Comparison Chart displays the various “ask prices” and “bid prices” data over various periods which can be selected by the User. The data can be modified by the User upon changing the data range, i.e. Users will be able to select options such as last 10, 15, 50, etc. bids or the time frame eg: one year, one month, one week, etc and be able to view the trades that have taken place on the exchange for such chosen time period. This is merely a pictorial representation for the benefit of the Users.

4. Account Balance: The Users will also be able to view the current balance in their Account at all times. A Users account balance shall display the balance of each Cryptocurrency currently in the User’s Account. The User agrees that the balance provided in the Account is only a trading advance which shall be utilised for the convenience of the User to trade Cryptocurrencies. The monies lying in the User’s account shall not be construed to be a deposit of any nature with Coinome. The User shall always be the owner of the monies lying in the User’s account.

5. My Order Book: “My Order Book” displays all of the User’s pending trade requests (Both Buy and Sell transactions) that are yet to be executed/ completed. In the event that a User’s trade has not been completed, the User can choose to cancel the order by clicking on the ‘X’ icon corresponding to such trade request that is pending. Please note that a trade request can only be cancelled when it’s still pending and reflecting under ‘My Order Book’. Once a transaction has been executed/ completed, it may no longer be cancelled.

6. All Completed Orders: In the “All Completed Orders” Section the Users will be able to see all the trades (both Buy and Sell transactions) pertaining to the User.

7. Buy Transaction

   Buying Cryptocurrencies at current exchange rate

   • Step 1: In the event that User intends to purchase Cryptocurrencies, the User is required to place a trade request with the exchange platform for the same. This can be done by specifying the amount of the Cryptocurrencies (each Cryptocurrency should be specified separately) that the User intends to buy and thereafter clicking “Buy”.

   • Step 2: Once the User inputs the amount and clicks on “Buy”, the trade engine would automatically pick up the current “Buy Price” on the exchange and place the User’s trade request at that price

   • Step 3: In the event that there is a pending “Sell Order” for the price at which the User’s bid has been placed, the order would be executed immediately and the User’s balance would reflect the updated statistics. This can be achieved by matching the User’s order with a single order of such quantity and price, if available or if a single order with the required price and amount is not pending, the trade engine will complete the User’s order by matching it with multiple orders and then complete the User’s order in multiple tranches.

   • Step 4: If a User’s trade request does not match with any of the existing requests on the trading platform, then such request shall automatically move into the waiting list of pending transactions for it to be matched with an appropriate “Sell Order” as and when such a request is received. In this case, the User’s balance would remain intact until the transaction is completed. While the transaction is pending, the User may cancel the transaction through the “My Order Book” tab as explained above.

   Buying Cryptocurrencies at specific price determined by the User

   • Step 1: The User can also choose to input the specific value at which the User intends to buy Cryptocurrencies. This value can be entered when placing the Buy Order by manually changing the amount at which the User intends to buy the Cryptocurrencies in the field provided and clicking the “Buy” button to place the trade request. Each Cryptocurrency that the User intends to buy should be specified separately.

   • Steps 2 to 4 shall remain the same as with a normal Buy Order without the specific price, as explained above.

   Buying Cryptocurrencies from pending orders

   The User also has the option to buy Cryptocurrencies from the orders pending on the exchange platform. In order to buy Cryptocurrencies in this manner the User is required to scroll to the “Last Sell Orders” tab of the specific Cryptocurrency that the User intends to buy. The User will be able to browse all the unfulfilled Sell Orders of the said Cryptocurrency that are pending on the exchange platform. The User can then choose the Sell Order that the User intends to fulfil and click on the “+” symbol on the corresponding line and click Buy to complete the transaction. The “Sell Orders” of each Cryptocurrency being traded by Coinome is listed from top to bottom based on the price which has been quoted in each “Sell Order”, with the “Sell Order” quoting the least price, being at the top. The “Last Sell Orders” of each Cryptocurrency tab displays the cumulative quantity of the said type of Cryptocurrency that is available for sale and if a Buyer buys a specific type of Cryptocurrency from the “Last Sell Orders” tab of that Cryptocurrency, the exchange will automatically execute the sale for the said Cryptocurrency available for sale at the lowest price for the said Cryptocurrency first, followed by the next highest price and so forth.

   Selling Cryptocurrencies using pending orders

   The User also has the option to sell Cryptocurrencies from the orders pending on the exchange platform. In order to sell Cryptocurrencies in this manner the User is required to scroll to the “Last Buy Orders” tab of the specific Cryptocurrency that the User intends to sell. The Users will be able to browse all the unfulfilled Buy Orders of that specific Cryptocurrency that are pending on the exchange platform. The User can then choose the Buy Order for the specific Cryptocurrency that the User likes and intends to fulfil and click on the “+” symbol on the corresponding line and click “Sell” to complete the transaction. The “Buy Orders” for a specific Cryptocurrency is listed from top to bottom based on the price which has been quoted in each “Buy Order” with the “Buy Order” quoting the maximum price for the said Cryptocurrency being at the top. The “Last Buy Orders” tab of a specific Cryptocurrency displays the cumulative quantity of the said Cryptocurrency available for sale and if a Seller sells the said Cryptocurrency at the “Last Buy Orders” tab for the same, the exchange will automatically execute the sale for the said Cryptocurrency available for sale at the maximum price first, followed by the next lower price and so forth.

Fees

The participation by the User in the exchange platform does not in any way constitute any gambling, betting, wagering, speculation, lottery, raffle, sweepstakes, etc. in any form whatsoever. There has been no collection of any money, cash or other valuable thing from the User by Coinome for any such purpose. Coinome shall charge a fee from its Users for the services of providing the Trade Engine and/or usage of the Website which may be a percentage of the transaction amount or a fixed fee, at the sole discretion of Coinome. The fees are subject to change from time to time at the sole discretion of Coinome. The fees charged may be in the form of Cryptocurrencies or any INR, decided at the sole discretion of the Coinome. The Users shall bear all applicable taxes and any other statutory levies over and above the fees charged by Coinome.

The User acknowledges and agrees that Coinome may set off any amounts owed to it by the User by usage of the Website against any sums provided in the Account of the User. If the obligations are in Cryptocurrencies, Coinome may convert the obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.

General indemnity and waiver

1. Coinome shall be under no liability whatsoever in respect of all actions, claims, demands, proceedings, losses, damages, personal injury (including actual or perceived loss of reputation, defamation or the like) (hereinafter ‘Dispute’) and costs, charges and expenses whatsoever, arising directly or indirectly out of:

   1. any Disputes from third parties relating to any loss suffered or alleged to have been caused by the User in relation to the usage of the Website. The settlement of this Dispute shall be the sole responsibility of the User;

   2. the exercise by Coinome of its right to terminate the Website or the User’s rights to use the Website or Account;

   3. any breach of the User’s warranties as set out in these Trading Terms and Conditions, mis-statement, mis-representation, error or omission in any details disclosed to Coinome while setting up the Account or while using the Website thereafter;

   4. late, lost, delayed, damaged, misdirected, incomplete, undelivered, inaccurate, illegible or unintelligible transactions;

   5. any error made (inadvertently or otherwise) by the User or anyone acting through him while making deposits, withdrawals from or transferring cash or Cryptocurrencies into or from the User’s Coinome Account or bank account.

   6. any error made (inadvertently or otherwise) by the User or anyone acting through him while making deposits, withdrawals from or transferring cash or cryptocurrencies into or from the User’s Coinome Account or bank account.

   7. telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures or difficulties of any kind;

   8. failed, incomplete, garbled, or delayed computer transmissions;

   9. the downloading of any material in connection with the Website;

   10. the cancellation of the User’s Account due to cancellations, delays or interruptions due to acts of God, acts of war (declared or undeclared), natural disasters, weather, acts of terrorism, riot or civil disturbance, satellite or equipment failure, federal, state or local law, order or regulation, public health crisis, or order of any court or any condition caused by events beyond the reasonable control of Coinome that may cause the Website to be disrupted or corrupted;

   11. any injuries, losses or damages of any kind arising in connection with or as a result of the usage of the Website, or acceptance, possession, or use of Cryptocurrencies;

   12. any loss of the monies lying the Account of the Users;

   13. any printing or typographical errors in any materials associated with the Website.

   14. RBI or any another regulatory or Government authority or agency directing, the closure of all accounts on Coinome’s platform, or declaring Cryptocurrencies as illegal and/or unenforceable.

2. The User further agrees that it will not be compensated by Coinome for “lost opportunity” viz., notional profits on buy/sell orders which could not be executed.

3. COINOME MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND EXPRESS OR IMPLIED, REGARDING THE USAGE OF THE WEBSITE. BY USING THE WEBSITE, EACH USER AGREES TO RELEASE AND HOLD COINOME AND EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES OF SPONSOR, ITS AFFILIATES, SUBSIDIARIES, ADVERTISING, PROMOTION AND FULFILLMENT AGENCIES HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY KIND IN CONNECTION WITH THE USGAGE WEBSITE OR RESULTING FROM ACCEPTANCE, POSSESSION, OR USE OF CRYPTOCURRENCIES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH, AND PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY. EACH PARTICIPANT ALSO AGREES TO RELEASE AND HOLD COINOME HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY KIND IN CONNECTION WITH THE USE OF THE WEBSITE OR RESULTING FROM ACCEPTANCE, POSSESSION, OR USE OF CRYPTOCURRENCIES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH, AND PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY.

4. COINOME SHALL NOT BE LIABLE TO THE USER OR ANY THIRD PARTY FOR DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF SAVINGS, LOSS OF BUSINESS OPPORTUNITY, REGARDLESS OF THE FORM OF THE ACTION OR THE THEORY OF RECOVERY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5. The total aggregate liability of Coinome, for claims asserted by a User or any third party in relation with the contest, regardless of the form of the action or the theory of recovery, shall be limited to the amount of the commission charged by Coinome for the particular transaction.

6. The User hereby agrees to indemnify and keep Coinome indemnified from and against all actions, claims, demands, proceedings, losses, damages, personal injury, costs (including legal costs) (hereinafter ‘Claim’), charges and expenses whatsoever which Coinome may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising out of:

   1. any violation, breach or alleged breach of the terms by the User including but not limited to breach of any warranty or mis-statement, mis-representation, error or omission in any details disclosed to Coinome.

   2. the negligence, mistake or misconduct of the User (directly or indirectly);

   3. any Claim relating to infringement or alleged infringement of any intellectual property rights;

   4. any action, suit or claim by any third party arising out of the usage of the Website by the User;

   5. any Claim from third parties relating to the credit, character and reputation (including actual or perceived loss of reputation, defamation or the like), alleged to have been caused by the User in relation to usage of the Website. The liability arising under this Claim shall be the sole responsibility of the User;

   6. any issues arising out of spyware/viruses/malware in the Cryptocurrencies or information submitted by the Users.

7. Any tax or other liabilities or charges payable to the government or any other statutory authority/body or any establishment, which may arise or accrue to the usage of the Website by the User, shall be to the sole account of the User. Tax deducted at source, if any, shall be payable by the User directly.

8. By using the Website, entrants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the usage of the Website, or any Cryptocurrencires, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with using the Website, but in no event attorneys’ fees; and (c) under no circumstances will any User be permitted to obtain any award for and the User hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses.

No inducement of the User

The User hereby expressly acknowledges and agrees that the User has initiated the act of registering on Coinome entirely of his/her own free will and Coinome has not caused, induced, urged, prompted, instigated, drawn, compelled, persuaded or engendered the User to open an Account and trade in Cryptocurrencies in any manner or form.

Downtime

1. The User acknowledges and agrees that Coinome may from time to time need to make structural changes to the trading platform that could result in system downtime, i.e. the Website and the trading platform being unavailable for access. Any such changes will (where possible or necessary) be broadcast in advance to all Users, and carried out at times which Coinome considers will cause the least disruption.

2. Coinome shall have no liability to the Users for any downtime to the trading platform for any reason whatsoever, nor for any downtime caused by general Internet failure, the failure of any Internet connection or the failure of any User equipment.

Grievance Redressal

In case of any grievance or complaints with the Website or its performance please contact our Grievance Officer. The name and contact details of the grievance office appointed by the Company as per the Information Technology Act, 2000 and the rules made thereunder is as follows:

Grievance Officer
Hatio Innovations Private Limited
801, Supreme Chambers, 17/18,
Shah Industrial Estate, Andheri (W),
Mumbai – 400053

Email: grievances@coinome.com

Time: Mon - Friday (9:00 A.M. - 6:00 P.M.)

Once a complaint has been received, all endeavors will be made to address the complaint as soon as possible.

General Conditions

1. The content of the Website cannot be copied, reproduced, republished, uploaded, posted, transmitted or distributed for any non-personal use without obtaining prior permission from Coinome. We reserve the right to terminate the accounts of Users who violate the proprietary rights, in addition to necessary legal action.

2. Users agree that the information gathered from the Users’ profiles may be used to enhance their experience on the Website. Coinome will not rent or sell the profile to any third party other than in accordance with the Privacy Policy. In case of a contest or a promotion scheme, Coinome reserves the right to share the User profiles with the sponsors. In the event of necessary credit checks and collection of payments, Coinome can disclose such information to other authorities in good faith.

3. Coinome may prohibit any User, if Coinome is of the opinion that the User is showing a disregard for these Trading Terms and Conditions, or acts (1) in an unfair or fraudulent manner; (2) with an intent to annoy, abuse, threaten, or harass any other User or Coinome; or (3) in any other disruptive manner.

4. The use of software, machines, computers, scripts or any automated system is strictly prohibited. If any User tries to influence the rate of exchange of Cryptocurrencies or gain an unfair advantage in any manner whatsoever, such User shall be liable to be prohibited from conducting any further transactions on the Trade Engine and may be reported to the appropriate authorities. Any decision in this regard or in any regard shall be taken at the sole discretion of Coinome and shall be final.

5. Any attempt by a User or any other individual to deliberately damage the Website or undermine the legitimate operation of Coinome is a violation of criminal and civil laws and should such an attempt be made, Coinome reserves the right to seek damages from any such User to the fullest extent permitted by law.

6. Completion of a transaction may be stopped by Coinome at any time, if Coinome in good faith, believes that such transaction may be fraudulent or may adversely impact the Cryptocurrency economy, or may adversely impact the exchange rate of Cryptocurrencies, etc.

7. The Website is for the exclusive purpose of transactions to be carried out within the territorial jurisdiction of India.

8. The User agrees that, whenever a transaction is made, the Trade Engine sends and receives the monetary sums and/or Cryptocurrencies from the User’s Account in the User’s name and on the User’s behalf, through the system.

9. The User is responsible for maintaining the confidentiality of information on his/her Account, including, but not limited to the password, email, wallet address, wallet balance, and of all activity including transactions made through the Account. If there is suspicious activity related to the User’s Account, Coinome may request additional information from the User, including authenticating documents, and freeze the Account for the review time. The User is obligated to comply with these security requests, or accept termination of the Account.

10. The User shall be solely responsible for ensuring that any transfer of Cryptocurrencies to a transferee shall be a valid and legal transaction not infringing any laws including money-laundering laws and regulations of India or any other applicable jurisdiction.

11. Coinome reserves the right to cancel unconfirmed Accounts or Accounts that have been inactive for a period of six (6) months or more, and/or to modify or discontinue exchange platform or the Trade Engine. The User agrees that Coinome will not be liable to them or to any third party for termination of their Account or access to the Website. The suspension of an Account shall not affect the payment of the commissions due for past transactions. Upon termination, Users shall communicate a valid bank account to allow for the transfer of any currencies credited to their account. Cryptocurrencies may be transferred to a valid bank account only after conversion into a currency. It can be transferred through Cryptocurrency too at the sole discretion of Coinome, if it feels such a transfer is more convenient.

12. The User hereby undertakes that the User shall forthwith refund Coinome any amount or Crytocurrency which have erroneously been transferred to the User’s Coinome account or bank account. The User’s Account shall be suspended until such amount or Cryptocurrency has been rightfully transferred back to Coinome and may even be terminated at Coinome’s discretion, in the event of failure by the User to refund such wrong credits, without prejudice to Coinome’s rights under law or equity to recover the said wrongful credits.

13. The User hereby confirms and agrees that Coinome shall have the right to set off any amount or Cryptocurrency due from any User against any amount or Cryptocurrency owed by that User to User, without the prior consent of such User. If the obligations are in different currencies, Coinome may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off. Coinome shall have the right to lien mark the amount or Cryptocurrency maintained in the User’s Coinome account in addition to the right of set off as provided herein.

14. The Users hereby agree, confirm and undertake to pay Coinome any withdrawal expense levied by Coinome, at such rate at the sole discretion of Coinome, towards the expense incurred for withdrawal of Cryptocurrencies from the Coinome Account and transfer of such Cryptocurrencies to another third party account. Such withdrawal expense shall be deducted or set-off from the Cryptocurrency which is being withdrawn from the Coinome Account.

15. Order Sizes and Rounding Off

    Orders are defined using (1) the type (buy/sell), (2) the volume of coins to be traded and (3) the rate at which to trade. 1 INR = 100 Paise.

    Rate Range: The Trade Exchange will also execute orders within a specified rate range so as to avoid manipulation and undue volatility.

No Liability

1. Coinome is not responsible for any incorrect or inaccurate registrations, whether caused by the User or by any of the equipment or programming associated with or utilized in the Trade Engine or by any technical or human error which may occur in the operation of the Trade Engine. The User expressly understands and agrees that under no circumstances shall Coinome be liable to any User on account of that User’s use or misuse of and reliance on the Website. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages (even if Coinome has been advised of the possibility of such damages), whether the damages arises from use or misuse of or reliance on the Trade Engine, from inability to use the Trade Engine, or from the interruption, suspension, of the Trade Engine (including such damages incurred by third parties), or from a sudden loss in the price of Cryptocurrencies, or any technical failure or hacking attacks on the Coinome servers, or any change in law or regulatory framework in India.

2. All information is provided on an “as is” basis, with no warranties whatsoever. A possibility exists that the Website could include inaccuracies or errors. Additionally, a possibility exist that unauthorized additions, deletions or alterations could be made by third parties to the Website. Although Coinome attempts to ensure the integrity, correctness and authenticity of the Website, it makes no guarantees whatsoever as to its completeness, correctness or accuracy. In the event, that such an inaccuracy arises, please inform Coinome so that it can be corrected.

3. All express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Coinome disclaims any warranties for (i) the security, reliability, timeliness, and performance of the Trade Engine; (ii) other services or goods, as well as for any information or advice received through Coinome or through any links provided herein.

4. The User agrees that Coinome shall inter alia not be liable for:

   • the deletion, failure to store, misdelivery, or untimely delivery of any information or material;

   • any harm resulting from downloading or accessing any information or material through Coinome;

   • financial loss due to wallet data being “Bruteforced”;

   • financial loss due to server failure or data loss;

   • financial loss due to forgotten passwords;

   • financial loss due to corrupted wallet files;

   • financial loss due to incorrectly constructed transactions or mistyped Cryptocurrency addresses;

   • financial loss due to “phishing” or other websites masquerading as Coinome

5. Coinome cannot and does not guarantee or warrant that the files available for downloading through the Trade Engine or the Trade Engine itself will be free from infection by software viruses or other harmful computer code, files or programs. Coinome shall not be responsible for any software viruses or other harmful computer code, files or programs that the user may encounter due to your visiting this trade engine.

6. Coinome has not reviewed all of the sites linked to its Trade Engine and is not responsible for the contents of any such linked sites. The inclusion of any link does not imply Coinome’s endorsement of the site. Use of any such linked website(s) is at your own risk.

7. If the User has a dispute with one or more users, the User hereby releases Coinome (and our parent company, subsidiaries and affiliates, officers, directors, agents, joint ventures, employees and suppliers) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. In addition, the User waives any protection available to such User under any law in the User’s jurisdiction, which says that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.

General Prohibitions

1. The User agrees not to do any of the following:

   • access the Website via anonymous networks for view and information purpose;

   • use anonymous service, networks such as TOR to do business with Coinome. Any orders placed to our Website via anonymous networks such as TOR etc will be canceled and may be subject to Order Cancellation fees;

   • open multiple Accounts with Coinome;

   • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

   • publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;

   • upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;

   • upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;

   • upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;

   • host, display, upload, modify, publish, transmit, update or share any information that belongs to another person and to which the user does not have any right to and must not be capable of giving rise to legal action whether against you or the Company or a third party under any applicable law;

   • host, display, upload, modify, publish, transmit, update or share any information that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

   • host, display, upload, modify, publish, transmit, update or share any information that impersonate another person;

   • host, display, upload, modify, publish, transmit, update or share any information that violates any law for the time being in force;

   • host, display, upload, modify, publish, transmit, update or share any information that harm minors in any way;

   • take any action that imposes an unreasonable or disproportionately large load on Coinome’s infrastructure; or detrimentally interfere with, intercept, or expropriate any system, data, or information;

   • use any Account other than his/her own, or access the Account of any other User at any time, or assist others in obtaining unauthorized access;

   • conduct or forward surveys, contests, or chain letters; or

   • download any file posted by another user of a forum that you know, or reasonably should know, cannot be legally distributed in such manner.

2. The usage of the Coinome platform by the User shall not relate to sales of:

   • narcotics, research chemicals or any controlled substances;

   • Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services;

   • Alcohol which includes Alcohol or alcoholic beverages such as beer, liquor, wine, or champagne;

   • Body parts which includes organs or other body parts;

   • Bulk marketing tools which includes email lists, software, or other products enabling unsolicited email messages (spam);

   • Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free;

   • Child pornography which includes pornographic materials involving minors;

   • Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection;

   • Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials;

   • Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software;

   • Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods;

   • Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms;

   • Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items;

   • Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction;

   • Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrollment in online gambling sites, and related content;

   • Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles;

   • Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property;

   • Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts;

   • Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes;

   • Offensive goods which includes literature, products or other materials that: a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors b) Encourage or incite violent acts c) Promote intolerance or hatred;

   • Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals;

   • Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner;

   • Pyrotechnic devices and hazardous materials which includes fireworks and related goods; toxic, flammable, and radioactive materials and substances;

   • Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications;

   • Securities which includes stocks, bonds, or related financial products;

   • Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products;

   • Traffic devices which includes radar detectors/jammers, license plate covers, traffic signal changers, and related products;

   • Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments;

   • Wholesale currency which includes discounted currencies or currency exchanges;

   • Live animals;

   • Multi-Level Marketing collection fees;

   • Matrix sites or sites using a matrix scheme approach;

   • Work-at-home information;

   • Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of India; or

   • any services which compete with Coinome.

3. The User’s usage of the Coinome platform shall not relate to transactions that:

   • show the personal information of third parties in violation of applicable law;

   • support pyramid, Ponzi, or other “get rich quick” schemes;

   • are associated with purchases of annuities or lottery contracts, lay-away systems, banking, off-shore banking, foreign exchange, transactions to finance, investing, investment related products, or refinancing debts funded by a credit card;

   • provide credit repair or debt settlement services; or

   • are in any manner whatsoever prohibited by applicable law.

4. Acceptable use

   • The User must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent, misleading, deceptive, causes annoyance or is harmful, or in connection with any unlawful, illegal, fraudulent, misleading, deceptive or harmful purpose.

   • The User must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

   • The User must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without Coinome’s express written consent.

   • The User must not use the Website to transmit or send unsolicited commercial communications.

No waiver

No omission or delay on the part of Coinome in enforcing any of its rights or powers hereunder shall be deemed to constitute a waiver of any of Coinome’s rights to exercise such rights and powers and, in any event, shall not constitute or be construed as a continuing waiver.

Anti-Money Laundering

The Users agree, confirm and undertake that they shall not directly or indirectly attempt to indulge or knowingly assist or knowingly be a party or actually be involved in any process or activity connected with the proceeds of crime including its concealment, possession, acquisition or use and projecting or claiming it as untainted property. The Users undertake that they shall not be in violation of any applicable law, including but not limited to Prevention of Money Laundering Act, 2002, relating to money laundering, while availing the services of Coinome. The Users agree that Coinome may store data of all transactions undertaken by Users and share such information with any regulatory authority as when directed by such authority or by its own volition.

Governing Law and Jurisdiction

These Trading Terms and Conditions and any action related hereto will be governed by and construed in accordance with the laws of the Republic of India and any legal action or proceedings arising out of these Trading Terms and Conditions may be brought in any competent court, tribunal or other appropriate forum having jurisdiction. Any dispute or difference, if not resolved amicably, shall be referred to a sole arbitrator to be jointly appointed by the parties. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The place of arbitration shall be Mumbai, India, and the language of arbitration shall be English. Notwithstanding anything to the contrary herein, the parties shall be entitled to the issuance of injunctive or equitable relief by any court of competent jurisdiction relating to breach or threatened breach of any obligations by the other party under this contest and for any other relief such court deems appropriate. This right shall be in addition to any other remedy available to the parties.

Suspension, Termination and Cancellation

1. The User may terminate this agreement with Coinome, and close the Account at any time, following the settlement of any pending transactions.

2. The User agrees that Coinome may, by giving notice, in its sole discretion, terminate the User’s access to the Website and to the Account and take such technical and legal actions as Coinome deems appropriate to keep the User off the Website if Coimone reasonably perceives that the User is creating any problems, including without limitation, possible legal liabilities, infringement of the intellectual property rights, or acting inconsistently with the letter or spirit of these Trading Terms and Conditions.

3. Notwithstanding anything contained herein, Coinome may, in appropriate circumstances and at Coinome’s sole discretion, suspend or terminate Accounts of Users for any reason, including without limitation (1) attempts to gain unauthorized access to the Website or another User’s Account or providing assistance to others’ attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) usage of the Website to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, (4) violations of these Trading Terms and Conditions, (5) failure to pay or fraudulent payment for transactions on the Website, (6) the User’s ineligibility and unauthorised use of the Website, including but not limited to the User being below the age of 18 years, (7) unexpected operational difficulties, or (8) upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by Coinome, acting in its sole discretion.

4. The User hereby agrees that the suspension/termination of an Account shall not affect the payment of the commissions due for past transactions on the Website or User’s obligation to refund amounts which are due to Coinome owing to wrongful transfers made to the User’s Coinome Account or bank account as set out in Section General Conditions (12) above. Upon termination, Users will receive any monies owed to them via their registered bank account with Coinome. A User whose Account has been suspended or terminated may at the sole discretion of Coinome be banned from opening fresh Accounts and/or from trading on/using the Website in future.

Communication

Under these Trading Terms and Conditions, you agree to receive electronic or any other form of communication and notifications from Coinome or any other third parties with whom Coinome may share your contact details. Email messages sent over the Internet are not always secure and Coinome is not responsible for any damages incurred by the result of sending email messages over the Internet.

Severability

In case any provision/s of these Trading Terms and Conditions is / are rendered invalid or unenforceable or void by operation of any law, rule or regulation, then such an event would not affect the validity or enforceability of any other provision of these Trading Terms and Conditions.

Force majeure

It is hereby expressly declared that neither Coinome nor User will be liable for any delay or failure caused by conditions or events beyond the reasonable control of the respective party, including but not limited to any delay or failure due to any act 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 the respective party and the validity and enforceability of any remaining provisions shall not be affected by any such condition.

Assignment

The User acknowledges and agrees that the Company can freely assign these Trading Terms and Conditions or any of its rights under these Trading Terms and Conditions to any person without your consent. User shall however, not be entitled to assign these Trading Terms and Conditions, in whole or in part, to another person without the prior written approval of Coinome.

Prohibited Usage / Limited Right of Use / Limited Licence

Unless otherwise specified, all materials on the Website and in the various services provided by Coinome are the property of Coinome and are protected under copyright, trademark and other applicable laws. The User may view, print, and/or download a copy of such materials on any single computer solely for personal, informational, non-commercial use, provided the User keeps intact all copyright and other proprietary notices. The trademarks, service marks and logos of Coinome and others used in on the Website and in connection with the services provided by Coinome (“Trademarks”) are the property of Coinome and their respective owners. The software, text, images, graphics, data, prices, trades, charts, graphs, video, and audio used on this Website belong to Coinome. The Trademarks and materials should not be copied, reproduced, modified, republished, uploaded, transmitted, collected or distributed in any form or by any means, whether manual or automated. Any unauthorized use of such property may violate copyright, trademark, and other applicable laws and could result in criminal or civil legal actions and penalties.

By clicking on the “I Accept” button or check box presented with these Trading Terms and Conditions you, the User, hereby give your informed consent to the terms and conditions contained herein.