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The electronic platforms, comprising the mobile application and/or website, known as "SunCrypto: Cryptocurrency App", www.suncrypto.in and referred to as the "Platform or SunCrypto Platform," are owned and operated by Angelic Infotech Private Limited [CIN no. U74999RJ2021PTC077075], a company incorporated under the Companies Act, 2013. These Terms of Use apply to the access and use of the Platform. The registered office of Angelic Infotech Private Limited is situated at Plot No C-26(D), RIICO Industrial Area, Malviya Nagar, Jaipur-302017 (Rajasthan, India).
By accessing or using the SunCrypto Platform, utilizing any of the Services provided through the Platform, or clicking "I agree" to these Terms of Use, you acknowledge and agree to comply with all the terms and conditions set forth in these Terms of Use (the “Terms”), in addition to our Privacy Policy, our Trading Policy, our Refund Policy, and our Anti-Money Laundering (AML) Policy (collectively, the "Policies") read along with Risk Disclosure.
The Company, Angelic Infotech Private Limited, reserves the right to modify, change, add, or remove any part of the SunCrypto Platform, the Services, these Terms, the Privacy Policy, the Refund Policy, the AML Policy, or any content contained therein, at any time and at its sole discretion, with or without prior notice. The Company may, but is not obligated to, provide you with notice of such changes, additions, removals, or modifications. You agree to regularly and periodically review these Terms, the Privacy Policy, the Refund Policy, and the AML Policy, including before engaging in any transactions on the SunCrypto Platform. The Company shall not be held liable or responsible for any damages, losses, or consequences arising from such changes, additions, removals, or modifications to the aforementioned Terms or Policies.
For the purposes of these Terms of Use:
(i) "Company," "SunCrypto," "SunCrypto Platform," "Ourselves," "Us," and "We" all refer to Angelic Infotech Private Limited, including its successors and assigns.
(ii) "User," "You," and "Your" refer to any person who accesses or uses the SunCrypto Platform or Services, including their successors, heirs, receivers, and permitted assigns.
(iii) "Party" refers to either You or Us, and "Parties" refers to You and Us collectively, as required by the context.
(iv) "Cryptos" refers to cryptographically secured digital representations of value or contractual rights that use distributed ledger technology and can be transferred, stored, or traded electronically using the Platform, including, but not limited to, Bitcoin, Ether, and other similar digital assets.
(v) "SunCrypto" refers to the website and mobile application owned and operated by Angelic Infotech Private Limited, which is designed to provide SunCrypto Services to its Users as described herein.
By continuing to access or use the SunCrypto Platform and Services, you agree to be bound by these Terms of Use, along with the Policies.
The SunCrypto Platform is an online cryptocurrency trading platform that provides a range of services to its users. These services include, but are not limited to, enabling users to engage in online trading of cryptocurrencies by placing buy and/or sell orders through third-party cryptocurrency exchanges, as well as facilitating the online storage of cryptocurrencies transacted by users via such third-party exchanges. The SunCrypto Platform aggregates the last traded prices of cryptocurrencies across various third-party exchanges and executes transactions for buying and selling cryptocurrencies on behalf of users, based on the specific instructions of the users, through such third-party exchanges. Additionally, the Platform acts as a duly appointed payment collection agent for users, facilitating payments for cryptocurrency transactions conducted on third-party exchanges and holding users' Indian Rupees balances in trust within their SunCrypto Platform account.
Furthermore, the SunCrypto Platform stores and holds in custody, in trust, the cryptocurrencies purchased by users through the Platform. However, it is expressly understood that the SunCrypto Platform is neither the creator nor the administrator of any cryptocurrency, and it acts solely as an intermediary between the user and various third-party cryptocurrency exchanges.
The SunCrypto Platform is a service provider, an information intermediary, a facilitator of user transactions on third-party exchanges, and a technology provider. By using the SunCrypto Platform, you are granted a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable, and limited right to access and use the Platform and its services within India, in accordance with these Terms of Use.
Unless otherwise specified, all prices of cryptocurrencies, content, logos, materials, designs, graphic symbols, and other intellectual property displayed on the SunCrypto Platform are the property of the SunCrypto Platform or its licensors and third parties, and are protected by applicable laws including patents, copyright, trademark, and other intellectual property rights. The SunCrypto Platform may provide links or references to other websites or resources that are not under its control. The Company is not responsible for the content, practices, or services provided by any third-party websites or resources, and you acknowledge and agree that your use of such third-party websites is at your own risk.
(1) Before using the SunCrypto Platform or Services and creating a User's SunCrypto Platform Account, you must meet certain Eligibility Criteria, including being at least 18 years old and legally competent to form a binding contract in India, having full legal capacity and authority to enter into these Terms, not having been suspended or removed from using the Services or SunCrypto Platform, being an Indian citizen and a resident of India as defined by the Citizenship Act, 1955 and the Foreign Exchange Management Act, 1999, and physically situated in India during your use of the SunCrypto Platform or Services. Failure to meet these criteria means you cannot use the SunCrypto Platform or Services.
(2) If you are not a natural person or human, reside outside of India, or are physically situated in a restricted jurisdiction, you are not permitted to use the SunCrypto Platform or Services. You must also confirm that you are not on any trade or economic sanctions lists and are not designated as a "Specially Designated National" by OFAC or placed on the "Denied Persons List" by the U.S. Commerce Department. Further, you also confirm that you are not prohibited to use the services of SunCrypto Platform as per the law in force in India.
(3) If you breach any of the above clauses, the SunCrypto Platform may restrict or terminate your access to the SunCrypto Platform or Services. You are responsible for ensuring compliance with these obligations and applicable laws. You may only have one User's SunCrypto Platform Account at a time and must provide current, truthful, authentic, complete, and accurate information to create your account. You may delete your account at any time, but the SunCrypto Platform may retain your information for compliance with applicable laws and law enforcement cooperation.
(4) You are responsible for maintaining the confidentiality and security of your User's SunCrypto Platform Account and password, and for restricting access to your account and device. The SunCrypto Platform is not liable for any unauthorized use of your account. Transactions initiated or authorized from your account are deemed to be authorized by you and the SunCrypto Platform is not liable for any such transactions
The SunCrypto Platform maintains strict policies regarding the illegal or prohibited use of its services. Any user found engaging in suspicious, malicious, or abusive activities on the Platform may face immediate suspension or restriction of access to their account, as well as their Indian Rupees and cryptocurrency balances. The Platform reserves the right to report such activities to the relevant regulatory and statutory authorities as required by applicable laws.
Users are required to comply with the terms and conditions set forth in these Terms of Use, as well as the Privacy Policy, Trading Policy, and Anti-Money Laundering (AML) Policy, in addition to any applicable laws and regulations. Prohibited activities include, but are not limited to:
1. Transaction Fees: When using the SunCrypto Platform to buy or sell cryptocurrencies, you acknowledge that you will be required to pay a fee, which includes the actual exchange fee paid to third-party cryptocurrency exchanges and a service fee for using the SunCrypto Platform. These fees may change from time to time, and such changes will be indicated on the SunCrypto Platform.
2. Current Fee Structure: As of the current fee structure, SunCrypto charges a fee (inclusive of 18% GST) on the transaction amount, which includes the fee paid by SunCrypto to the third-party exchanges for executing trades on behalf of the user. The SunCrypto Platform reserves the right to offer discounts or modify the fee structure at its sole discretion.
3. Additional Transaction Fees: Transactions involving fiat currency, including but not limited to those made via credit card, debit card, net banking, or other payment methods, may attract additional transaction fees. Similarly, transfers and withdrawals of cryptocurrencies or fiat currency may also be subject to transaction fees, as determined by the relevant payment method or exchange.
4. Issuance of Contract Note: Upon the completion of a trade on your instructions, the SunCrypto Platform will issue a comprehensive Contract Note, which will include details of the transaction, such as the price of the cryptocurrency, transaction type, quantity, Tax Deducted at Source (TDS), and the final amount of the transaction (inclusive of the service fee). For your convenience, the price of the cryptocurrency listed on the SunCrypto Platform is inclusive of the platform’s service fee.
5. Reporting Irregularities: You are required to report any irregularities or discrepancies in transactions made through the SunCrypto Platform in writing within 15 days of the relevant transaction date. Failure to report within this period will be deemed as acceptance of the transaction as accurate. All records maintained by the SunCrypto Platform, whether in electronic or documentary form, of your instructions and other transaction details, including payments made or received, shall be deemed conclusive evidence of such instructions and details in the event of any dispute.
1. Tax Responsibility: As a user of the SunCrypto Platform and its services, you are solely responsible for determining, collecting, reporting, and submitting any applicable taxes arising from payments made or cryptocurrencies received in connection with the use of the SunCrypto Platform to the relevant tax authorities in India or any other applicable jurisdiction. The SunCrypto Platform assumes no responsibility for identifying whether taxes are applicable to your transactions or cryptocurrencies held in the SunCrypto Platform’s Crypto Custody Wallet, nor for collecting, reporting, or remitting any taxes resulting from any transactions carried out on the Platform or through its Services.
2. Tax Deductions: The SunCrypto Platform reserves the right to deduct any applicable taxes from the executed transaction in compliance with the Income Tax Act, 1961, or any other applicable tax laws. Such deductions may be made at the time of executing the transaction or at any other point in accordance with the requirements of relevant tax authorities.
3. Additional Taxes and Fees: In addition to the commission or service fee charged by the SunCrypto Platform on executed trades, you are required to pay any applicable indirect taxes (such as GST) on transactions carried out on the Platform. The total price communicated to you on the SunCrypto Platform prior to confirming the execution of a trade will include the SunCrypto Platform’s commission/fee, any network and third-party fees, and any applicable taxes.
1. Termination by User: You may terminate your agreement with the SunCrypto Platform at any time, provided that you have settled any pending transactions, withdrawn any Indian Rupees (INR) balance from your SunCrypto Platform account, and sold any cryptocurrency held in the Platform’s Crypto Custody Wallet. The SunCrypto Platform shall not be liable for any losses incurred if you fail to complete these actions prior to terminating your account.
2. Closing Your Account: You may close your SunCrypto Platform account by selecting the relevant option on the Platform or by sending an email to help@suncrypto.in.
3. Termination or Restriction by SunCrypto: The SunCrypto Platform reserves the right to, at its sole discretion, restrict or terminate your access to the Platform and/or Services, including suspending or terminating the Service, blocking access to your SunCrypto Platform account and Crypto Custody Wallet, removing hosted content, and taking technical or legal actions to prevent further use of the Platform if it reasonably perceives that you are causing any issues, infringing on intellectual property rights, or acting in violation of these Terms of Use or applicable laws. The SunCrypto Platform is not obligated to notify you of such actions and may do so in compliance with instructions from law enforcement, judicial, or governmental authorities.
4. Grounds for Termination: The SunCrypto Platform may initiate the above actions at its sole discretion for any reason, including but not limited to attempts to gain unauthorized access to the Platform, illegal activities, violation of these Terms of Use or the Privacy Policy, failure to pay or fraudulent payment for transactions, unexpected operational difficulties, or at the request of law enforcement or other governmental authorities.
5. Suspension or Termination Without Cause: The SunCrypto Platform may suspend, restrict, or terminate your User account or access to the Services/Platform at any time, for any reason, or without any reason, at its sole discretion.
6. Suspension Due to Fraud or Legal Violations: If your account is suspended or terminated due to fraud, illegal activity, or a violation of these Terms or applicable law, any remaining balance in your SunCrypto Platform account or Crypto Custody Wallet may be frozen or confiscated and delivered to the appropriate governmental, law enforcement, or other authorities, where applicable.
7. Service Suspension or Modification: The SunCrypto Platform may suspend, withdraw, discontinue, or modify all or any part of its Services, including your User account and/or Crypto Custody Wallet, without prior notice. The SunCrypto Platform shall not be liable for any losses arising from the unavailability of any Service or Platform or any part thereof at any time or for any period.
8. Suspension for Non-Compliance: The SunCrypto Platform may disable your access to your account or any part of the Platform, or suspend the provision of Services, at any time, if it reasonably believes that you have failed to comply with these Terms or applicable laws.
9. Suspension Due to Force Majeure or Legal Changes: The SunCrypto Platform may suspend your account or any of its services due to unforeseen circumstances, changes in law, force majeure events, maintenance, or for any other reason deemed appropriate at its sole discretion. You acknowledge that in such cases, your access to funds, cryptocurrencies, your SunCrypto Platform account, or services may be limited, restricted, or suspended partially or fully. The SunCrypto Platform shall not be liable for any liabilities or obligations arising from such events.
10. Suspension for Fraudulent Activity: Upon verification, the SunCrypto Platform may block, suspend, or close your access to the Crypto Custody Wallet or any aspect of the Platform if it receives information indicating fraudulent, misleading, or suspicious activity, or any violation of these Terms. The SunCrypto Platform will not be liable for any inconvenience, damages, or losses caused to you in such circumstances.
11. Suspension for Business or Security Reasons: At any time, the SunCrypto Platform may restrict, terminate, or suspend your access to the Crypto Custody Wallet or fiat currency facilities without prior notice if it reasonably believes such action is necessary for business, operational, or security reasons, or as required by applicable law.
12. Post-Termination Consequences: Upon termination of this Agreement, the rendering of the Services shall immediately cease. You will no longer have access to the SunCrypto Platform or any related services. However, the SunCrypto Platform will continue to retain your information and data in accordance with its Privacy Policy for purposes of legal compliance, audits, and record-keeping.
1.Risk Disclosure: The use of the SunCrypto Platform and its associated services may entail several risks, including but not limited to those detailed below.
2.Unregulated Nature of Crypto Products: Cryptocurrencies are unregulated and can be highly speculative and risky. Users should be aware that there may be no regulatory recourse in the event of a loss from cryptocurrency transactions. The Reserve Bank of India ("RBI") and the Government of India have issued multiple advisories and warnings cautioning users about the risks associated with cryptocurrencies. By accessing and using the SunCrypto Platform, users acknowledge and accept these risks and agree to use the platform subject to the advisories issued by the RBI and the Government of India, and solely at their own risk.
3.Irreversibility of Crypto Transactions: Crypto transactions are irreversible. Once a transaction is initiated by you, it cannot be cancelled, modified, or reversed by the SunCrypto Platform upon your request. The values of cryptocurrencies are highly volatile and tend to fluctuate significantly. Therefore, there may be an increase or decrease in the value of the cryptocurrency you receive or transfer after initiating a transaction. Cryptocurrencies are subject to large swings in value and may even become worthless. You acknowledge that there is an inherent risk of loss associated with buying, selling, or trading cryptocurrencies. The value of a cryptocurrency may change during or after a transaction, and under no circumstances will the SunCrypto Platform be liable for such fluctuations or changes, whether they occur before, during, or after the transaction, including any applicable service fees.
4.Lack of Regulation and Legal Tender Status: Cryptocurrencies are not specifically regulated by any government, including India, and are not recognized as legal tender in India. They are not categorized as regulated investments, securities, commodities, or goods under Indian law and may be subject to risks not typically associated with other forms of investments. The legal status and regulatory framework surrounding cryptocurrencies in India remains ambiguous and is constantly evolving.
5.Decentralized Nature and Loss of Confidence: Cryptocurrencies rely on decentralized, peer-to-peer networks, which carry a risk of loss of confidence in crypto trading. Cryptocurrencies do not guarantee any assured returns, as their value is determined by a supply and demand-based economy model. The valuation of cryptocurrencies is subject to constant changes and fluctuations, and users should be aware that the value may not always align with their expectations.
6.Unforeseen Risks: There may be additional risks associated with the use of cryptocurrencies and the SunCrypto Platform that have not been anticipated or identified in these Terms of Use. The list of risks provided is not exhaustive, and users should exercise caution and conduct their own research.
7.Financial and Risk Assessment: You should carefully assess whether your financial situation and risk tolerance are suitable for buying, selling, or trading cryptocurrencies. Engaging in such activities may not be appropriate for all users, and you should ensure that you fully understand the risks involved.
8.Liability Disclaimer: The SunCrypto Platform is not responsible for the outcome, whether positive or negative, of any actions performed by users within or related to the use of the cryptocurrencies, the SunCrypto Platform, or its services. Users are solely responsible for their actions and decisions in relation to cryptocurrency transactions.
9.No Assumption of High Earnings: Users are advised not to buy, sell, or trade cryptocurrencies with the assumption of high earnings or profits. The value and performance of cryptocurrencies are inherently volatile, and past performance is not an indicator of future results. You acknowledge that you understand this risk and will not base any investment decisions on the expectation of guaranteed returns or profits.
By using the SunCrypto Platform, you acknowledge that you have read, understood, and accepted the risks associated with cryptocurrency transactions, as outlined in these Terms of Use.
(a) "As-Is" and "As-Available" Basis: The SunCrypto Platform, Services, Materials, and any other information or services provided by the SunCrypto Platform are provided on an “as-is” and “as-available” basis, without any express or implied warranty or indemnity of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. The SunCrypto Platform, its affiliates, and their respective directors, partners, officers, employees, agents, and third parties shall not be liable for any loss of Cryptos, revenue, profits, funds, fiat currency balances, assets, or data, or for any direct or indirect damages arising from the use or attempted use of the SunCrypto Platform, Services, Materials, or any information provided by the SunCrypto Platform. The SunCrypto Platform disclaims all liability for any acts or omissions of any party in relation to the use or reliance upon the SunCrypto Platform, Services, Materials, or any other information, including, but not limited to, inaccuracies or interruptions in price data, errors, or delays in the transmission of price data. The SunCrypto Platform also does not guarantee that the use of the SunCrypto Platform or Services will always be available, uninterrupted, or error-free.
(b) Risk of Cyber Attacks: Cryptocurrencies, including those stored on the SunCrypto Platform, may be targeted by hackers or malicious groups or organizations. Such attacks may attempt to interfere with the Cryptos and/or the sale or purchase of Cryptos or steal the Cryptos in various ways, including but not limited to malware attacks, distributed denial of service (DDoS) attacks, consensus-based attacks, sybil attacks, phishing, smurfing, and hacking. The SunCrypto Platform, Services, Materials, and/or third-party service providers may be subject to such attacks. The SunCrypto Platform, its affiliates, and their respective directors, partners, officers, employees, agents, and third parties shall not be liable to you or any third party for such attacks or losses.
(c) Regulatory Risks: You acknowledge that new regulations addressing blockchain technology, Cryptos, crypto exchanges, crypto exchange aggregators (such as the SunCrypto Platform), and related services may be introduced, or existing regulations may be modified. Such changes could prohibit, prevent, restrict, or otherwise negatively affect the SunCrypto Platform, Services, Materials, or any information provided by the SunCrypto Platform, and/or your use of the SunCrypto Platform, Services, or Materials. This may include a total loss of Indian Rupees (INR) and/or Cryptos held on the SunCrypto Platform, including those stored with third parties. The SunCrypto Platform, its affiliates, and their respective directors, partners, officers, employees, agents, and third parties will not be liable or responsible for any such losses.
(d) SunCrypto as Agent: The SunCrypto Platform acts solely as the duly appointed agent of the User for the payment transactions to which the User is entitled, but does not operate as a payment system. By using the Services, the User appoints the SunCrypto Platform as its agent for the purpose of executing relevant transactions.
(e) Exclusion of Liability for Losses: Regardless of anything stated in these Terms, both parties agree that the SunCrypto Platform and its affiliates, officers, partners, directors, agents, employees, third parties, and suppliers shall not be liable for any lost revenue, receipts, profits, lost opportunities, loss of fiat currency, data, or Cryptos, or any direct, incidental, special, consequential, or punitive damages related to the use of the SunCrypto Platform, Services, Materials, or these Terms of Use. This includes, without limitation, any damages arising from interruptions or errors in service, hacking incidents, loss of business, data, or profits, or any other losses (collectively referred to as "Losses"). You hereby release the SunCrypto Platform and its affiliates, officers, partners, directors, agents, employees, third parties, and suppliers from liability for any and all Losses. This limitation of liability shall apply even if the SunCrypto Platform has been advised of the possibility of such losses and damages, and regardless of the success or effectiveness of other remedies.
(f) Aggregate Liability Cap: Notwithstanding anything to the contrary in these Terms or any other agreement, the combined aggregate liability of the SunCrypto Platform for any Loss shall not exceed the sum of INR 100/- (Rupees One Hundred Only). This limitation shall apply regardless of the cause of action (whether in contract, tort, or otherwise) and irrespective of the type of damages (whether direct, incidental, special, consequential, or otherwise).
3. Force Majeure:
Force Majeure Events: The SunCrypto Platform shall not be liable for any failure or delay in the performance of its obligations under these Terms due to circumstances beyond its reasonable control, including, but not limited to, acts of God, labor disputes, telecommunication failures, hardware or software failures, natural disasters (e.g., earthquakes, storms), blockages, embargoes, riots, acts or orders of government, changes to laws, the introduction of new laws, acts of terrorism, war, epidemics, pandemics, technological changes, changes to any blockchain-related protocol, any actions or inactions of third parties, or events experienced by third-party service providers (e.g., bankruptcy of service providers, fraud, or security breaches by third parties).
4. Third-Party Providers: You acknowledge and agree that the SunCrypto Platform may rely on third-party service providers for the operation of the Platform or provision of Services. The SunCrypto Platform shall not be liable to you for any suspension, halt, or interruption of the SunCrypto Platform, Services, or the failure to execute transactions on the SunCrypto Platform arising from the failure or interruption of such third-party service providers. This includes any disruption or errors caused by third parties in connection with the operation of the SunCrypto Platform.
5. User Responsibility for Risks: You accept full responsibility for any risks and liabilities related to the SunCrypto Platform, including, but not limited to, disruptions or delays due to force majeure events, third-party failures, or events that are beyond the reasonable control of the SunCrypto Platform. You agree that the SunCrypto Platform shall not be held liable for any suspension, halt, interruption, or other issues relating to the Services under these circumstances.
By using the SunCrypto Platform and accepting these Terms, you acknowledge and agree to the exclusions, limitations, and disclaimers of liability set forth herein.
(1) The SunCrypto Platform and its Services do not provide investment or financial advice. While we may provide certain information regarding the value, range, and volatility of Cryptos, or events that may have influenced their value through the SunCrypto Platform or on other social media channels, such information should not be construed or relied upon as investment or financial advice. The SunCrypto Platform expressly disclaims any liability for any loss or damage incurred by you in connection with any transaction involving the SunCrypto Platform or Services.
(2) You acknowledge and agree that you are solely responsible for any buy, sell, or trade orders placed through your User's SunCrypto Platform Account. All such orders made by you are unsolicited and based solely on your independent research and decisions. You further acknowledge that you have not received, nor do you expect to receive, any investment advice from the SunCrypto Platform, its affiliates, or any other associated parties regarding your buy, sell, or trading orders. Your use of the SunCrypto Platform and its Services does not establish, nor shall it be construed as establishing, any relationship involving the provision of investment or financial advice by the SunCrypto Platform or its affiliates.
(3) The SunCrypto Platform and its Services are, to the best of our knowledge and belief, currently unlicensed in India, and no regulatory license or authorization applies to our SunCrypto Platform or Services under applicable laws in India. The SunCrypto Platform does not claim to provide any services that are subject to licensing or regulation under the laws of India.
The SunCrypto Platform reserves the right to assign these Terms of Use, or any of its rights or obligations hereunder, to any third party at its sole discretion, without the need for your consent. However, you shall not assign, transfer, or otherwise dispose of these Terms, or any of your rights or obligations hereunder, without the prior written consent of the SunCrypto Platform. Any attempted assignment or transfer by you without such consent shall be void and of no effect.
ENTIRE UNDERSTANDING:
These Terms of Use constitute the entire and complete agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, representations, warranties, understandings, or communications, whether written or oral, relating to the subject matter of these Terms. No amendments or modifications to these Terms shall be valid unless made in writing and signed by both parties, except as otherwise provided herein.
NO WAIVER:
No waiver of any right, power, or remedy under these Terms shall be valid or enforceable unless explicitly agreed to in writing by both parties. The failure or delay of either party to exercise any right, power, or remedy provided under these Terms, or to insist upon the strict performance of any term or condition herein, shall not be deemed a waiver of such right, power, or remedy. Additionally, the exercise of any right, power, or remedy under these Terms shall not prevent the exercise of any other right, power, or remedy available to the parties.
INDEMNITY:
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the SunCrypto Platform, its affiliates, officers, directors, partners, agents, employees, and suppliers (collectively, the "Indemnified Parties") from and against any and all losses, actions, liabilities, costs, claims, damages, proceedings, or expenses (including but not limited to attorneys' fees) incurred or suffered by any of the Indemnified Parties as a result of:
1.Your use of the SunCrypto Platform and/or Services, including but not limited to your User's SunCrypto Platform Account, and any transfers to or from the SunCrypto Platform's Crypto Custody Wallet or any other crypto wallet belonging to you;
2.Your breach of these Terms of Use, Risk Disclosure, the Privacy Policy, the Anti-Money Laundering (AML) Policy, or any other applicable policy, document, or agreement related to your use of the SunCrypto Platform;
3.Any violations of applicable laws, regulations, or guidelines by you while using the SunCrypto Platform and/or Services, or in connection with any transactions involving your account or the SunCrypto Platform.
This indemnification obligation shall survive the termination or expiration of these Terms of Use and your use of the SunCrypto Platform.
These Terms of Use shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles.
The parties hereby expressly agree to submit to the exclusive jurisdiction of the courts located in Jaipur, Rajasthan, India, for the resolution of any disputes, claims, or differences arising out of or in connection with these Terms of Use, and this submission to jurisdiction shall be irrevocable.
The User shall be responsible for ensuring full compliance with the terms and conditions set forth in these Terms of Use, as well as with all applicable laws and regulations. This includes, but is not limited to, executing and delivering any additional instruments, documents, or agreements, and taking any further actions that may be deemed necessary or appropriate to fully implement and enforce these Terms of Use.
In the event that any court of competent jurisdiction determines that any word, phrase, sentence, clause, or provision of these Terms of Use is invalid, illegal, or unenforceable in any specific circumstance or with respect to any party, such determination shall not affect the validity or enforceability of the remaining provisions of these Terms in any other circumstance. If any provision or part thereof is deemed unenforceable due to its duration, scope, or any other reason, the parties agree that the court may, in its discretion, modify such provision by reducing its duration or scope, or by removing specific words or phrases, to the extent necessary to make the provision enforceable. The modified provision, as so altered, shall be deemed enforceable and shall be enforced accordingly.
REMEDIES & WAIVERS:
The rights and remedies of the SunCrypto Platform, as specified in these Terms of Use, are cumulative and may be exercised concurrently with or independently of any other rights or remedies available to the SunCrypto Platform under these Terms, applicable law, or equity. The exercise of any one right or remedy by the SunCrypto Platform shall not prevent or waive the exercise of any other right or remedy, whether provided herein or available under applicable law. Furthermore, the rights and remedies specified herein are in addition to, and not in lieu of, any other rights or remedies the SunCrypto Platform may have under relevant law.
By using the SunCrypto Platform or any of the Services, you consent to receive all Communications, including but not limited to agreements, documents, notices, disclosures, and other related information, in electronic form. The SunCrypto Platform may provide such Communications through various electronic means, including but not limited to posting them on the SunCrypto Platform, sending them to your email address, through instant messaging services, or to your mobile phone number and also by sending RCS & WhatsApp messages for authentication, promotions, and service updates. You are solely responsible for ensuring that your contact information, including your email address and mobile phone number, is accurate, current, and up to date.
If the SunCrypto Platform sends you an electronic Communication, but for any reason you do not receive it, the SunCrypto Platform will consider such Communication to be delivered and binding upon you. In the event that an email Communication is undeliverable, the SunCrypto Platform may, at its sole discretion, suspend or block your access to the SunCrypto Platform until you provide a valid, updated email address.
You agree that all Communications, including notices and disclosures, shall be deemed to be received by you, and constitute effective and binding notice, when transmitted electronically as outlined in this provision.
The parties agree to first attempt to resolve amicably any dispute, claim, or controversy arising out of or relating to this Agreement. In the event that such a dispute, claim, or controversy cannot be resolved within thirty (30) days from the date the dispute is raised, the dispute shall be referred to and resolved by arbitration, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, and the same shall be conducted before a sole arbitrator, appointed by the directors of Angelic Infotech Private Limited. The arbitration shall be held in Jaipur, Rajasthan, and shall be conducted in the English language. The parties agree to abide by all decisions, awards, and orders rendered by the arbitrator(s). The arbitrator's award shall be final and binding on both parties. Judgment upon the award rendered by the arbitrator(s) may be entered and enforced in any court having jurisdiction over the parties or the subject matter, as applicable.
This arbitration provision shall apply to all disputes, claims, or controversies arising out of or in connection with the breach, termination, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate.
If you have any questions regarding these Terms of Use, your rights and obligations arising from them, your use of the SunCrypto Platform and the Services, or any other related matter, please contact our Grievance Officer at the following: Grievance Officer:
Name: Mr. Pramod Yadav
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Disclaimer:
Crypto products & NFTs are unregulated and can be highly risky. There may be no regulatory recourse for any loss from such transactions. The information and material contained herein are subject to change without prior notice including prices which may fluctuate based on market demand and supply.
FIU Registered entity, ANGELIC INFOTECH PVT LTD, FIU Reg No. VA00031314
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