Legal and Compliance
Table of Contents
Other Applicable Terms…………………………..3
Definitions and Interpretations…………………..4
Changes To These Terms and Services……………….5
Changes To The Online Platforms…………………..6
Accessing The Online Platforms……………………6
Your Account and Passwords……………………….6
Terms of Trdo Wallet…………………………….8
Terms of Coins Wallet……………………………9
User Representations, Covenants and Obligations…….9
Intellectual Property Rights……………………..13
No Reliance of information……………………….13
Disclaimer of Warranties…………………………14
Limitation of Liability………………………….15
Linking and Framing……………………………..17
Release and waiver………………………………18
Right of Set Off………………………………..18
Suspension and Termination……………………….19
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE ONLINE PLATFORMS
These User terms and conditions (together with the documents referred to in it) (“Terms”) are the terms on which you may make use of our website www.mobicryp.io and the associated mobile and software applications (either existing or available in the future) and our digital assets trading services (“Online Platforms”) whether as a guest or a registered user. Use of the Online Platforms includes accessing, browsing, or registering to use the Online Platforms. Please read these Terms carefully before you start to use the Online Platforms. We recommend that you print a copy of these Terms for future reference.
By using the Online Platforms, you confirm that you accept these Terms and that you agree to comply with them.
If you do not agree to these Terms, you must not use the Online Platforms If you do not agree with any amendments made by these Terms at any time in future, you must stop using the Online Platforms with immediate effect.
Other Applicable Terms
These Terms refer to, incorporate, and include the following additional terms, which also apply to your use of the Online Platforms:
Our Anti-Money Laundering Policy, which sets out the terms regarding identity verification of our Users and the procedures followed for early identification and reporting of prohibited/illegal activities which may be committed by using our services. When using the Online Platforms, you must comply with the terms of the AML Policy. We may require further documentation for verifying your identity and the source of funds used to trade using the services prior to any confirmation of a trade. You further agree to provide us, at any time, with such information as we determine to be necessary and appropriate to verify compliance with the anti-money laundering regulations of any applicable jurisdiction or to respond to requests for information concerning your identity from any governmental authority, self-regulatory organization or financial institution in connection with its anti-money laundering compliance procedures, and to update such information as necessary.
Our Beta Testing Terms & Conditions, which sets out the terms and conditions you must agree to in order to participate as a Beta tester and/or Licensee.
The Online Platforms provide access to an online digital assets exchange/profit sharing/trading/holding that currently facilitates the:
online trading of Digital Assets including their sale and purchase (either using fiat currency or another form of Digital Assets),
transfer of Funds from a User’s Bank account/Fiat Wallet into its Linked Bank Account/Company’s bank accounts and vice versa, and
online storage of Digital Assets owned by the Users (collectively the “Services”).
All users of the Online Platforms who are residents of Dubai (“Dubai Users”) will be serviced by the Crypque IT Solutions L.L.C (“Company” or “Crypque”) incorporated under the Dubai Companies Act having its registered office at Building no. RESIDENCE 1072 AL MUTEENA PLOT NO. 346 LAND DM NO. 123-1072, MAKANI NO. 31665 96615 PROPERTY NO. OFFICE 8C-0441.
All users other than Dubai Users will be serviced by Crypque Private Limited (“Crypque”) incorporated under Companies Act, 2013, which is an affiliate of the Company, having its office at 257, JMD Megapolis Sector 48, Sohna Road Gurgaon, India.
Definitions and Interpretations
“Coin Wallet” means an online address accessible through the Online Platforms and operated by a User for storage of its Digital Assets;
“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 cryptocurrencies including but not limited to Bitcoin, Litecoin, Ethereum, Ripple, etc., as well as proprietary coins and tokens (including Non-Fungible 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;
“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 as mentioned herein;
“Sanctions Lists” has the meaning given to it under the AML Policy;
“Wallet(s)” refers to a User’s Coin Wallet/cashback wallet/income wallet/TRDO wallet and/or its Fiat Wallet, as the case maybe;
Any reference to “you” or “your” or “user” refers to you as a user of the Online Platforms and the Services and any reference to “we”, “our” and “us” shall refer to the Company, its subsidiaries, affiliated entities, permitted assigns (as and when applicable) as the provider of the Services.
Any reference to “MOBICRYP” shall mean a collective reference to Crypque IT Solutions L.L.C and Crypque Pvt. Limited and its affiliates/agents/promoters.
Product guidelines for MOBICRYP:
UPI Payment Services
Changes To These Terms And Services
We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes that are made, as they shall be binding on you. If you do not agree with any part of these Terms or any amendments thereof, we insist that you stop using the Online Platform and Services with immediate effect.
We may, without prior notice, change the Services; add or remove functionalities or features; stop providing the Services or features of such Services, to you or to users generally; or create usage limits for the Services.
Changes To The Online Platforms
We endeavour to update the Online Platforms and any Content therein from time to time and may also change, replace or remove the Content at any time. However, the information provided herein is on an “as is” basis and we do not make any representation and/or warranty with respect to the accuracy, completeness and legality. In regards to the foregoing, we hereby disclaim all and any liability.
We do not guarantee that the Online Platforms, or any Content on it, will be free from errors or omissions.
Accessing The Online Platforms
We do not guarantee that your use of the Online Platforms will always be available/ uninterrupted. Access to the Online Platforms is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Online Platforms without notice. We will not be liable to you including without limitation for any losses incurred due to volatility of prices of the Digital Assets if for any reason the Online Platforms are unavailable at any time or for any period.
You are also responsible for ensuring that all persons who access the Online Platforms through you/ your internet connection or network are aware of these Terms and other applicable terms and conditions, and that they comply with them.
Your Account And Password
If you choose to register with us through the Online Platforms, an account will be created for your use on the Online Platforms and you will be provided with required Account Information to enable your access to the Account. In order to access any Services, you must activate your account (“User Account”) by following the identity verification process specified in the AML Policy. Failure to complete the User Account activation process as per the AML Policy will entitle the Company to terminate the said User Account. The term “Account Information” refers to a password and such information which may be provided by you as part of our security and verification procedures.If you register on the Online Platforms through any third-party website like Gmail etc., the login information of such a third-party account, as the case may be, shall be considered part of the Account Information. You must always treat Account Information as confidential and must not disclose it to any third party. Any access to the Online Platforms through your Account shall be considered as access by you or on your behalf and you shall be solely responsible for any activity carried out in, by or through your Account either on the Online Platforms or any other website accessed by you through the Online Platforms.
You represent and warrant that:
you are competent to contract i.e.
if you are an individual, that you are over eighteen years of age, or
that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms and register for the Services, in accordance with the applicable laws including applicable laws of Dubai; and
not included in any Sanctions Lists; and
a non-U.S user;
your membership has not been suspended or terminated by us for any reason whatsoever; and
your use of Services will not violate any and all laws and regulations applicable to you, including but not limited to our AML Policy, and applicable regulations on anti-money laundering, anti- corruption, and counter-terrorist financing
if you are a user who cannot be qualified as a ‘Dubai User’ or are serviced by Crypque Private Limited, you hereby agree to comply with all the applicable laws in India with respect to the Services and the Online Platforms.
If we change the eligibility criteria to be registered with the Online Platforms and you no longer comply with the new eligibility criteria, as determined by us in our sole discretion, you accept that we may close your Account without any liability for us. You are solely responsible for ensuring that you are in compliance with these Terms and with all laws, rules and regulations applicable to you. If your right to access the Services is revoked or use of the Services is in any way prohibited, in such circumstances, you agree not to use or access the Online Platforms or use the Services in any way.
We have the right to disable your access to the User Account or any part of it, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms, including without limitation the AML Policy.
You hereby agree, acknowledge and grant your consent enabling us to retain any information provided by you for our compliance under applicable laws including but not limited to the Prevention of the Money Laundering Act, 2002 or the Prevention of Money Laundering (Maintenance of Records) Rules, 2005 as amended, modified/ reenacted from time to time and/ or any other guidelines/policies issued by government/ statutory authorities or any regulatory bodies in this regard. This clause shall be of utmost importance when the user is serviced by Crypque Private Limited or is covered under the Indian jurisdiction.
If you know or suspect that anyone other than you know or has unauthorized access to your Account Information or any part of it, you must promptly notify us by sending us an email at email@example.com. We are not liable for any losses or other consequences of unauthorized use of your account.
Upon activation of your User Account, we will provide you with a Trdo Wallet, Cashback wallet and income Wallet. These Wallets enable you to purchase investment package, 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. We 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.
You are responsible for withdrawing the funds from your Trdo Wallet, Cashback and income Wallet and it shall be your responsibility to disclose the proper source of funds. You declare that withdrawals and deposit by you in your Trdo Wallet, Cashback and income Wallet or Company’s Bank Accounts does not constitute violation of any anti money laundering laws, rules and regulations of Dubai and/or India. You shall indemnify and hold harmless us, our affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or any government or regulatory or statutory body due to or arising out or relating to violation under relevant anti money laundering laws of Dubai and India.
Terms of Trdo Wallet
Trdo Wallet has been provided to store your Trdo holdings. Funds held herein can only be used to purchase Investment Packages, Digital Assets through the Online Platforms and the commissions earned as per the package, sale proceeds of any Digital Assets will be credited into this Trdo Wallet, less the applicable Transaction Fee. You are not entitled to any interest on the Funds held in the Trdo Wallet.
In case you wish to acquire Digital Assets using fiat currency you will be required to transfer Funds from your Bank Account to Company’s bank accounts/ your Fiat Wallet to purchase any Digital Assets/Investment packages. Your Fiat Wallet will reflect funds transferred to it within 3 working days of such transfer being initiated, subject to any delays in the relevant banking channels.
You may withdraw the Funds held in your Trdo Wallet, Cashback and income Wallet, by making a formal request to transfer such Funds into the Linked Coin wallet, through the Online Platforms at any time (“Withdrawal Request”). The Company will endeavor to settle each Withdrawal Request within 3 working days of such request being made, subject to any delays in the relevant banking channels.
Users who are non-residents in India (as defined under the Foreign Exchange Management Act, 1999) (“Foreign Users”) might only have access to limited features of the Mobicryp platform. Foreign Users are not entitled to withdraw or redeem any balance maintained with Mobicryp in Indian Rupee (“INR Balance”). Foreign Users shall not make any payments in Indian Rupees while using our Services.
Terms of Coins Wallet
A Coin Wallet has been provided to you wherein Digital Assets may be stored. Funds held in this Wallet may be used to purchase another Digital Asset, and any sale proceeds obtained in the form of Digital Assets will be credited only into this Wallet. You are not entitled to any interest on the Funds held herein.
You are permitted to withdraw Funds held in this account, provided such Funds can only be transferred to another digital asset wallet (“External Wallet”). You may be required to verify that you own and operate the External Wallet before your withdrawal request is accepted.
In case you transfer any Funds to a recipient who is not a User of our Online Platforms, we will invite such recipient to open a User Account, and transfer the Funds back to your Coin Wallet in case of such recipient’s failure to open a User Account within 30 days.
You are not permitted to transfer, store or receive any digital assets not supported by our Online Platforms. You acknowledge that the Company shall not be liable for any losses suffered by you in connection with your attempt Clause.
User Representations, Covenants, and Obligations
These Terms govern your behaviour on the Online Platforms and set forth your obligations. You agree, confirm, and represent the following:
You shall comply with all the obligations set forth in these Terms, including without limitation the AML Policy. Pursuant to the economic sanctions programs administered or enforced by any country or government or international authority, including the US Department of the Treasury’s Office of Foreign Assets Control, the US Department of State, the United Nations Security Council, the European Union, Her Majesty’s Treasury, the Hong Kong Monetary Authority or the Monetary Authority of Singapore, we are prohibited from providing services or entering into relationships with certain individuals and institutions. In the event that we are required to block funds or Digital Assets associated with your User Account or Linked Bank Account in accordance with a sanctions program, or other similar government sanctions programs, we may:
(i) suspend your User Account or Linked Bank Account;
(ii) terminate your User Account or Linked Bank Account;
(iii) return funds or Digital Assets to the destination of their origin or to an account specified by authorities; or (iv) require you withdraw funds or Digital Assets from your User Account or Linked Bank Account within a certain period of time. We are not responsible for any losses, whether direct or indirect, that you may incur as a result of our complying with Applicable Laws, the guidance or direction of any regulatory authority or government agency, or any writ of attachment, lien, levy, subpoena, warrant, or other legal order.
You will use the Services rendered by us for lawful purposes only and 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 Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act and Terrorism (Suppression of Financing) Act; and all applicable judicial orders and precedent (“Applicable Laws”) while using and transacting on the Online Platforms.
Creation and maintenance of all Content in your Account shall be your sole responsibility.
You are responsible for safeguarding the password that you use as a part of your Account Information to access the Services and for any activities or actions under your Account. We encourage you to use “strong” passwords preferably using a combination of upper- and lower- case letters, numbers and symbols with your Account. The Company will not be liable for any loss or damage arising from your failure to comply with this instruction. You acknowledge that you will irreversibly lose your Digital Assets if you delete your Account.
You shall provide us with only such information (including without limitation Identification Documents submitted by you) that is true and accurate to the best of your knowledge.
You shall not cancel any orders initiated but not executed on the platform. In case any order is partially executed, we may in our sole discretion permit cancellation of the unexecuted order. You acknowledge that all orders and/or transactions are irreversible once executed.
You must maintain sufficient Funds in your Wallets before initiating any order and/or transaction. In case you have insufficient funds in your Wallet then the Company may either cancel your order or execute a partial transaction using the Funds available in your Wallet.
You understand that certain taxes may be applicable upon the trading of Digital Assets and you would be required to determine your tax liability under the Applicable Laws. You acknowledge that you’re solely responsible for payment of any taxes that may arise in connection with your use of Services.
As the price of Digital Assets are very volatile and subject to fluctuation, you acknowledge that the actual market rate at which an order and/or transaction is executed may vary.
The Company may be required to suspend trading in cases of a force majeure event. You acknowledge that:
your access to the Services and/or the Funds during such periods may be limited or restricted; and
the market conditions may differ significantly, following the completion of such Force Majeure Events.
We do not control the underlying technology which governs the mining, creation, sale of any Digital Assets. You acknowledge the Company does not exercise any control over the market price or circulation or volatility of the Digital Assets and that the contract for sale of any of the Digital Assets shall be a strictly bipartite contract between the seller and the buyer.
It is illegal in Dubai and all relevant jurisdictions (save where the proper licenses are obtained) to require a person to pay money, give something of value, or expend significant effort (in legal terms, “consideration”) to enter or participate in an activity or promotion in which he or she may win a prize/ cashbacks if there is a significant degree of chance involved (e.g., a random drawing to determine winners) (“Illegal Gambling”). Accordingly, that prohibits the use of Online Platforms or our Services for storing, sending, or receiving wagers or proceeds of Illegal Gambling. Proceeds derived from trading contracts for differences and spread bets on licensed and regulated platforms do not constitute Illegal Gambling or a violation of any gambling laws of India and Dubai. You agree and understand that we have the right to immediately
suspend your User Account and any related User Account,
freeze/lock the funds and Digital Assets in all such User Accounts, and
suspend your access to the Online Platforms or our Services, if we suspect, in our sole discretion, any such User Account to be in violation of applicable gambling laws of India & Dubai, which is a direct violation of these Terms.
You agree and understand that if your User Account or any related User Account is determined, in our sole discretion, to be in violation or which is in direct violation of these Terms, we have
the right to terminate any such User Accounts and take any and all necessary and appropriate actions pursuant to these Terms and/or Applicable Laws.
A considerable loss may be sustained/incurred while investing / trading in Digital Assets, hence you are advised to determine your financial circumstances and risk tolerance before investing/ trading and carefully consider the following risks:
Digital Assets are currently unregulated and trading, holding and transferring some or all Digital Assets may be deemed illegal in Dubai in the future. You are encouraged to obtain appropriate legal counsel regarding the same before using the Online Platforms;
The value of any Digital Asset is very volatile and you may sustain a total loss of your Funds; Due to the market being in a nascent stage, during a market disruption or during a force majeure event, you may face difficulties or impossibility in liquidating your funds, position under certain market conditions;
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;
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 produces such Digital Assets.
You acknowledge that the aforementioned is a non-exhaustive statement of risks associated with the investment / trade of Digital Assets and that there may be additional risks not listed or foreseen by the Company.
By creating a User Account, you acknowledge that you have carefully assessed your financial standing and risk tolerance and you confirm that the same is suitable for investment/ trading in Digital Assets.
You should be aware that the risk of loss in investing, trading or holding Digital Assets can be substantial. By making use of Services. You acknowledge and agree that: (i) You are aware of the risks associated with the transactions/trading of Digital Assets; and (ii) You shall assume all risks related to investment / trading of Digital Assets and We shall not be liable for any such risks or adverse outcomes. Elaborated risk disclosure can be accessed here.
Creation of an Account on the Online Platforms and usage of the Online Platforms is free.
Trading on the Online Platform is subject to payment of a fee on each transaction executed (“Transaction Fee”).
Deposit of Digital Assets in the Coin Wallet / TRDO Wallet is free of charge. Deposit of fiat currency in Company’s bank accounts / Fiat Wallet through credit card, debit card or net banking will be subject to a transaction fee of 2%. Fee applicable on withdrawal of Digital Assets or fiat currency shall be as provided in the Fee Schedule available on the withdrawal dashboard. Deposits and withdrawals on Digital Assets or fiat currency will be subject to withdrawal limits available on withdrawal dashboard.
Company hold the right to change the applicable fee structure and withdrawal limits for the user anytime without prior information.
Intellectual Property Rights
Unless otherwise specified, all Content on the Online Platform is the property of the Company and are protected under copyright, trademark and other applicable laws.
All logos, trademarks, service marks and logos of the Company and others used on the Online Platforms, displayed on the website, (“Trademarks”) are the property of the Company and their respective owners. You may not copy, imitate or use them without our prior written consent.
Users shall not reverse engineer or disassemble any part of the Online Platforms for any reason whatsoever. Any such action shall amount to a material breach of the Terms and may result in the Company terminating the defaulting Users’ User Account
The Online Platforms may in places include third party intellectual property including the software used for creating or distributing Digital Assets. The Company does not own any rights to such third-party IP and is bound by the license terms for such IP and by virtue of these terms the Users shall also be bound by the said license terms.
No Reliance on Information
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. All trades on the Online.
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. Notwithstanding anything in these Terms, you agree and understand that we accept no responsibility whatsoever for and shall in no circumstances be liable to you in connection with your decisions relating to the Online Platforms. You agree and understand that under no circumstances will the operation of the Online Platforms and your use of the Online Platforms be deemed to create a relationship that includes the provision of or tendering of investment advice.
We display some content that is not ours. This content is the sole responsibility of the person/ entity who makes it available. The content of the Online 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. For the avoidance of doubt, it is clarified that the Company does not provide investment and financial advice to its Users. Reliance on any information appearing on the Online Platforms, whether provided by the Company, its content providers, visitors to the Online Platforms or others, is solely at your own risk, and the Company shall not bear any liability for any loss/ injury that may arise due to your reliance on any information published on the Online Platforms. You further acknowledge and agree that should any claim/ damage/ liability arise as a result of any reliance placed by you on any information published on the Online Platforms, the Company shall have no liability in relation to the same. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
We assume no responsibility for the content of websites linked on the Online Platforms. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Although we make reasonable efforts to update the information on the Online Platforms, we make no representations, warranties or guarantees, whether express or implied, that the Content on the Online Platforms is accurate, complete or up to date.
Disclaimer of Warranties
You expressly acknowledge and agree that use of the Services and the Online Platforms is at your sole risk. The Services and the Online Platforms are provided on an “as is” and “as available” basis. Although we make best efforts to provide high quality Services to all our users, to the fullest extent allowed by law, we expressly disclaim and waive all warranties and conditions of any kind, whether express or implied, including, but not limited to the warranties of merchantability, title, fitness for a particular purpose and/or non-infringement. The Online Platform(s) may contain bugs, errors, problems, or other limitations. We assume no liability or responsibility for any errors or omissions in Services and/or in Content.
We are not responsible for the Content on the Online Platforms. We are not responsible for any direct or indirect damages or losses caused to you, including without limitation, lost profits, business interruption or other loss resulting from use of or reliance in any way on anything available on the Online Platforms. It is solely your responsibility to evaluate the accuracy, reliability, completeness and usefulness of Content available on the Online Platforms that is used by you.
We make no warranty that the Services or the Online Platforms will meet your requirements or that the Services or your access to the Online Platforms will be uninterrupted, timely, accurate or reliable; nor do we make any warranty as to the permanent availability of any information and/or that may be stored or transferred through the Services or the Online Platforms.. In case there is any defect in any software being used for the provision of the Services, we do not make any warranty that defects in such software will be corrected. 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.
No advice or information, whether oral or written, obtained by you from the Services or the Online Platforms shall create any warranty not expressly made herein.
You will be responsible for introduction of any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Online Platforms, the server on which the Online Platforms is stored, or any server, computer or database connected to the Online Platforms. By breaching this provision, you would commit a criminal offence under relevant applicable laws including the Computer Misuse Act (Cap. 50A of Singapore). We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Online Platforms will cease immediately.
We will not 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 your computer equipment, computer programs, data or other proprietary material due to your use of the Online Platforms or your downloading of any Content on it, or on any website linked to it.
You should use your own virus protection software. We cannot and do not guarantee or warrant that files available for downloading from the Online Platform will be free of infection by viruses, worms, trojan horses or other code that manifest contaminating or destructive properties.
Limitation of Liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Online Platform or any Content on it including any information or the Online Platform itself or Services, whether express or implied.
Subject to applicable law, we, our subsidiaries, affiliates, its shareholders, its directors, officers, employees, representatives, contractors, suppliers shall not be liable for any incidental, special, punitive, consequential or similar damages or liabilities whatsoever arising out of Services, any performance or non-performance of Services or any product provided by us, whether under contract, statute, strict liability or other theory even if we, our subsidiaries, affiliates are advised of the possibility of such damages.
Our aggregate liability (including our subsidiaries, affiliates, its shareholders, its directors, officers, employees, representatives, contractors, suppliers)to any user in no event shall exceed the transaction/ admin fees paid 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 Online Platforms; or
use of or reliance on any Content and/or information displayed on the Online Platforms; or
from errors, mistakes, omissions, or deletion of files; or use of the Services provided through the Online Platforms;
whether or not resulting from any communication failure, theft, unauthorised access or a force majeure event.
If you are a business user, please note that, we will not be liable for:
loss of profits, sales, business, business opportunity or revenue.
business interruption; outages ; stoppage of any services.
loss of anticipated savings;
loss of business opportunity, goodwill or reputation
Please note that all Services provided through the Online Platforms are only for domestic and private use. You agree not to use the Online 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, we shall not be obligated to make any payment or take any other action under these Terms if we believe in good faith that such action may constitute a violation, or contribute to any violation, of any applicable law and we shall not be liable to you for any claims, losses, or damages arising from our exercise of its right provided herein.
When you visit the Online Platforms or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We will communicate with you by e-mail or by posting notices on this Online Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that in case there are any changes in any information provided by you to us, including your e-mail address and other contact details, you will be solely responsible to update them regularly. If we send any communication by e-mail, it shall be sent to your e-mail address available on the records created by you on the Online Platform and it shall be deemed to have been received by you once it is reflected as sent in the outbox of our e-mail id. You may opt-out of receiving any electronic communications from us at any time by sending us an email at firstname.lastname@example.org
You acknowledge that by sending any communication or information to you either through email or the Online Platforms, we are not providing you with any ‘investment advice’.
Linking and Framing
If you choose to authenticate your Account through a third-party service, like Google, you are linking that account to your Account.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to the Online Platforms in any website that is not owned by you.
Our website must not be framed on any other website, nor may you create a link to any part of the Online Platforms other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of Content on the Online Platforms other than that set out above, please send us an e-mail at email@example.com
To the maximum extent permitted by Applicable Law, you shall indemnify and hold harmless us, our affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out or relating to
your use of our Services,
your breach of these Terms, or
your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party. If you are obligated to indemnify us, our affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, we will have the right, in its sole discretion, to control any action or proceeding and to determine whether we wish to settle, and if so, on what terms.
Prohibition Of Use: Please note that not all Services are available in every country. We reserve the right to choose markets and jurisdiction to conduct business, and may restrict or refuse in its discretion, the provision of Services in certain countries or regions.
Release and Waiver
To the maximum extent permitted by Applicable Law, you hereby release and waive all claims against the Company, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of the Online Platforms, its services, content or use of the Digital Assets. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other national, state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Right of Set Off
You acknowledge and agree that we have the right to set off negative balances in your User Account or Trdo / Coin Wallet by buying the necessary amount of Digital Assets at the prevailing market price to set off such negative balances with any of the other Digital Assets in your User Account or Coin Wallet; and (iii) any and all debts owed to Mobicryp through the setting off of balances of your User Account or Trdo / Coin Wallet.
Please note that these Terms, its subject matter, and its formation, are governed by the laws of the Republic of Dubai and other Applicable laws.
Suspension and Termination
Your access to the Online Platforms may also be suspended, and your User Account may be terminated, deactivated or canceled your User Account with immediate effect if:
We detect unusual activities in the User Account;
We detect there is a violation of any terms of this user agreement and/or applicable laws.
We detect unauthorized access to the User Account; and/or
We are required to do so by an order by a court/ regulatory/government and/or statutory body or authority.
The Online Platforms are not available to persons whose name is included in any Sanctions Lists or whose membership has been suspended or terminated by us for any reason whatsoever.
Once a User Account is closed/withdrawn/cancelled/deactivated, all remaining account balance (which includes charges and liabilities owed to Us) will be payable immediately to us/ our subsidiaries/or affiliates. Upon payment of all outstanding charges to Us (if any), You will be provided with a reasonable number of business days to withdraw all funds from the account. Provided, we may maintain full custody of the funds, Digital Assets, and user data/information in the event of suspension/closure of any account arising from fraud, cyber investigations, investigations of violation of applicable law or violation of these Terms.
Relationship of the Parties: Notwithstanding any provision hereof, for all purposes including without limitation execution of any order and/or transaction initiated by you through the Online Platforms, you and the Company shall be and act independently and not as a partner, joint ventures, agent, intermediary, broker or in any other fiduciary capacity. You shall not have any authority to assume or create any obligation for or on behalf of the Company, express or implied, and you shall not attempt to bind us to any contract.
Invalidity of Specific Terms: 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.
Assignment: You shall not assign or transfer any right or obligation that has accrued to you under these Terms, and any attempt by you to assign or transfer such rights and obligations, shall be null and void. We may assign, novate, or transfer any or all rights and obligations that accrued in our favor under these Terms, at our sole discretion, to our subsidiaries, affiliated entities, or any other third party without any restriction.
Taxes. 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.
Unclaimed Property. If we hold Digital Assets, and we are unable to contact you and have no record of your use of the Services for several years, applicable law may require us to report the Digital Assets as unclaimed property to the authorities in certain jurisdictions. We will try to locate you at the address shown in our records, but if we are unable to, we may be required to deliver any such Digital Assets to the authorities in certain jurisdictions as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
Dispute Resolution: Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Mobicryp and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration as follows:
In the case of disputes, controversies or claims involving Crypque IT Solutions L.L.C: You and Crypque IT Solutions L.L.C agree to resolve any claims relating to this Agreement (including any question regarding their existence, validity, termination, or any services or products provided and any representations made by us) through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. You agree to first give us an opportunity to resolve any claims by contacting us on our website / mobile / desktop applications. If we are not able to resolve your claims within 90 days of receiving the notice, you may seek relief through arbitration or in the Tribunals of Dubai, as set forth below.
Either you or Crypque IT Solutions L.L.C may submit a dispute (after having made good faith efforts to resolve such dispute) for final and binding resolution by arbitration under the arbitration rules of the Dubai International Arbitration Centre (“DIAC”), which are deemed to be incorporated into these Terms by reference. The arbitration tribunal shall consist of a sole arbitrator to be appointed by the Arbitration Court’s Approval of DIAC. The language of the arbitration hearings shall be English and the seat, or legal place, of arbitration shall be Dubai. JUDGMENT ON ANY ARBITRAL AWARD MAY BE GIVEN IN ANY COURT HAVING JURISDICTION OVER THE PARTY (OR OVER THE ASSETS OF THE PARTY) AGAINST WHOM SUCH AN AWARD IS RENDERED.
iii. Exceptions. Either party may instead choose to assert the claims in the SCT if the claims fall within the jurisdiction of the SCT, and either party may seek injunctive relief or other urgent equitable relief in a court of competent jurisdiction. However, for the avoidance of doubt, where the claims fall outside of the jurisdiction of the SCT, the claims will be referred to and finally resolved by DIAC arbitration.
In the case of disputes, controversies or claims involving Crypque Private Limited, you and Crypque Private Limited agree to resolve any claims relating to this Agreement (including any question regarding their existence, validity, termination, or any services or products provided and any representations made by us) through final and binding arbitration. You agree to first give us an opportunity to resolve any claims by contacting us on our website / mobile / desktop applications. If we are not able to resolve your claims within 90 days of receiving the notice, you may seek relief through arbitration as set forth below.
Either you or Crypque Private Limited may submit a dispute (after having made good faith efforts to resolve such dispute) for final and binding resolution by arbitration under the arbitration rules of the Dubai International Arbitration Centre (“DIAC”), which are deemed to be incorporated into these Terms by reference. The arbitration tribunal shall consist of a sole arbitrator to be appointed by the Arbitration Court’s Approval of DIAC. The language of the arbitration hearings shall be English and the seat of arbitration shall be Dubai.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, as applicable, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Mobicryp in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND MOBICRP WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
vii. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Duties and Obligations of the Customer in lieu of Payment Services:
For processing of payment orders with Mobicryp, the customer shall be subject to terms & conditions of service, of their respective Remitter banks or payment service providers.
The Payment Order issued by the Customer, in the form as prescribed by the Remitter Bank or payment service providers, should be complete in all particulars & details. The Customer shall be responsible for the accuracy or inaccuracy of the details & particulars provided in the Payment Order for UPI / IMPS /NEFT / RTGS or any other payment services and shall comply with the terms & conditions of the remitter banks or payment service providers for the issuance of the Payment Order.
The Customer shall provide correct beneficiary details to the Remitter Banks or payment service providers at the time of availing the UPI / IMPS / NEFT / RTGS services. The Customer shall be solely responsible for entering incorrect beneficiary details, including but not limited to incorrect mobile number and/or incorrect account number, which may result in funds being transferred to an incorrect beneficiary.
The Customer agrees that in the event of any delay in the completion of the funds transfer OR any loss on account of error in the execution of the funds transfer pursuant to a Payment Order OR on account of error in relation to any of the payment services, customer shall connect to the respective Remitter Bank or payment service providers only.
UPI / IMPS / NEFT / RTGS & all or any other kinds of payment services are processed as per appropriate laws, rules & regulations under the regulatory purview of Reserve bank of India (RBI).
For general inquiries, complaints and/or giving any feedback, please email us at firstname.lastname@example.org
In case you do not want to continue using our Services and want to deactivate your Account with us, please contact us at email@example.com
If you do not agree with any provision of these Terms and wish to opt out of such provision, please write to us at firstname.lastname@example.org (“Opt-out Request”). You agree that you are not entitled to use the Online Platforms or the Services unless your Opt-out Request is accepted by us in writing.