Date of latest amendment: September 12th, 2016
This agreement is made by and between you and operator of BITCOIN INDIA SOFTWARE SERVICES PVT LTD and has the legal effect as a legal contract.
The operator of BITCOIN INDIA SOFTWARE SERVICES PVT LTD means the legal entity that, recognized by law, operates the networking platform. Please refer to the company and license information at the bottom of the website of BITCOIN INDIA SOFTWARE SERVICES PVT LTD for the information regarding the operator of BITCOIN INDIA SOFTWARE SERVICES PVT LTD. The operator of BITCOIN INDIA SOFTWARE SERVICES PVT LTD may be referred to, individually or collectively, as “BITCOIN INDIA” in this agreement. “BITCOIN INDIA SOFTWARE SERVICES PVT LTD” means the networking platform operated by BITCOIN INDIA SOFTWARE SERVICES PVT LTD, including but not limited to the BITCOIN INDIA SOFTWARE SERVICES PVT LTD website, with the domain name of bitcoin india software services pvt ltd, https://bitcoin-india.org, which is encrypted.
1. Agreement and Execution
The content of this agreement includes main body of this agreement and various rules that have been posted or may be posted from time to time by BITCOIN INDIA SOFTWARE SERVICES PVT LTD. All of the rules shall be an integral part of this agreement, and shall have the same legal effect as the main body of this agreement. Unless otherwise expressly provided, any service provided by BITCOIN INDIA SOFTWARE SERVICES PVT LTD and its affiliates (hereinafter referred as “BITCOIN INDIA SOFTWARE SERVICES PVT LTD Service”) shall be bound by this agreement. You shall carefully read through this agreement before using any BITCOIN INDIA SOFTWARE SERVICES PVT LTD Service, and pay close attention to the content written in bold font. You may consult BITCOIN INDIA SOFTWARE SERVICES PVT LTD if you have any question with regard to this agreement. However, regardless whether you have carefully read through this agreement before using BITCOIN INDIA SOFTWARE SERVICES PVT LTD Service, you shall be bound by this agreement as long as you use BITCOIN INDIA SOFTWARE SERVICES PVT LTD Service. You shall not claim to void or rescind this agreement on the ground that you did not read this agreement or you did not receive any respond from BITCOIN INDIA SOFTWARE SERVICES PVT LTD to your consultation. You hereby promise to accept and observe this agreement. If you do not agree to this agreement, you shall immediately stop registration/activation or stop using BITCOIN INDIA SOFTWARE SERVICES PVT LTD Service. BITCOIN INDIA SOFTWARE SERVICES PVT LTD may, at any time, and at it’s sole discretion, modify these agreement/terms of services of use, including our Privacy Policy and various rules from time to time as needed, and announce the same on the website, without any individual notice to you. The amended/updated/modified agreement/terms of services and rules shall come into effect immediately and automatically upon being announced on the website. If you do not agree to the relevant amendment, you shall immediately stop using BITCOIN INDIA SOFTWARE SERVICES PVT LTD Service. If you continue using BITCOIN INDIA SOFTWARE SERVICES PVT LTD Service, you shall be deemed as having accepted the amended/modified agreement/terms and rules.
2. Registration and Account
Eligibility of Registrants
You hereby confirm that you are an individual, legal person or other organization with full capacity for civil rights and civil conducts when you complete the registration or actually use BITCOIN INDIA SOFTWARE SERVICES PVT LTD Service in any other way allowed by BITCOIN INDIA SOFTWARE SERVICES PVT LTD. If you do not have the said capacity, you and your guardian shall undertake all the consequences resulted therefrom, and BITCOIN INDIA SOFTWARE SERVICES PVT LTD shall have the right to cancel or permanently freeze your account, and claims against you and your guardian for compensation.
Registration and Account
You shall be bound by this agreement once you have filled in information, read and agreed to this agreement and completed the registration process following the instructions on the registration page or you have filled information, read and agreed to this agreement and completed the activation process following the instructions on the activation page, or upon your actual use of BITCOIN INDIA SOFTWARE SERVICES PVT LTD Service in a way permitted by BITCOIN INDIA SOFTWARE SERVICES PVT LTD. You may log in BITCOIN INDIA SOFTWARE SERVICES PVT LTD by your email address or mobile number that you have provided or confirmed or any other means permitted by BITCOIN INDIA SOFTWARE SERVICES PVT LTD. You must provide your real name, ID type, ID number and other information required by the laws and regulations. If any information you have provided during the registration is inaccurate, BITCOIN INDIA SOFTWARE SERVICES PVT LTD will not take any responsibility and any loss, direct or indirect, and adverse consequence resulted therefrom will be borne by you. You may set up BITCOIN INDIA SOFTWARE SERVICES PVT LTD nickname for your account; you may also use such BITCOIN INDIA SOFTWARE SERVICES PVT LTD nickname, log-in name and password to log in BITCOIN INDIA SOFTWARE SERVICES PVT LTD. Your BITCOIN INDIA SOFTWARE SERVICES PVT LTD nickname shall not infringe or allegedly infringe upon legitimate rights and interests of others. If your BITCOIN INDIA SOFTWARE SERVICES PVT LTD nickname allegedly infringes upon legitimate rights and interests of others, BITCOIN INDIA SOFTWARE SERVICES PVT LTD shall have the right to terminate BITCOIN INDIA SOFTWARE SERVICES PVT LTD Service to you and cancel your BITCOIN INDIA SOFTWARE SERVICES PVT LTD nickname. The cancelled BITCOIN INDIA SOFTWARE SERVICES PVT LTD nickname will be available to any user for registration. Unless otherwise provided by the laws or judicial decisions, or satisfied with the conditions promulgated by BITCOIN INDIA SOFTWARE SERVICES PVT LTD, your log-in name, BITCOIN INDIA SOFTWARE SERVICES PVT LTD nickname and password may not be transferred, gifted, or inherited in any way, and any allowed transfer, gift or inheritance shall be dealt with according to the operating procedures set forth by BITCOIN INDIA SOFTWARE SERVICES PVT LTD with qualified documents and materials as required by BITCOIN INDIA SOFTWARE SERVICES PVT LTD. BITCOIN INDIA SOFTWARE SERVICES PVT LTD accounts can only be used by the person whose name they are registered under. BITCOIN INDIA SOFTWARE SERVICES PVT LTD reserves the right to suspend, freeze, or cancel accounts that are used by persons other than the persons whose names the accounts are registered under. BITCOIN INDIA SOFTWARE SERVICES PVT LTD will also not take legal responsibility for these accounts.
User’s Information
During the registration or activation, you shall accurately provide and timely update your information by following the instructions on the relevant page according to the laws and regulations in order to make it truthful, timely, complete and accurate. If there is any reasonable doubt that any information provided by you is wrong, untruthful, outdated or incomplete, BITCOIN INDIA SOFTWARE SERVICES PVT LTD shall have the right to send you a notice to make enquiry and demand corrections, remove relevant information directly and, as the case may be, terminate all or part of BITCOIN INDIA SOFTWARE SERVICES PVT LTD Service to you. BITCOIN INDIA SOFTWARE SERVICES PVT LTD will not take any responsibility and any loss, direct or indirect, and adverse consequence resulted therefrom will be borne by you. You shall accurately fill in and timely update your email address, telephone number, contact address, postal code and other contact information so that BITCOIN INDIA SOFTWARE SERVICES PVT LTD or any other user will be able to effectively contact you. You shall be solely and fully responsible for any loss or extra expenses incurred during the use of BITCOIN INDIA SOFTWARE SERVICES PVT LTD Service by you if you cannot be contacted through these contact information. You hereby acknowledge and agree that you have the obligation to keep your contact information effective and to take actions as required by BITCOIN INDIA SOFTWARE SERVICES PVT LTD if there is any change or update. If you withdraw Renminbi from BITCOIN INDIA SOFTWARE SERVICES PVT LTD, you shall provide the number of bank card or third-party payment account, which shall be opened under your own name, as you have filled in during your registration at BITCOIN INDIA SOFTWARE SERVICES PVT LTD. BITCOIN INDIA SOFTWARE SERVICES PVT LTD does not permit withdrawal to any other person’s bank card or third-party payment account.
Account Security
You shall be solely responsible for the safekeeping of your BITCOIN INDIA SOFTWARE SERVICES PVT LTD nickname and password on your own, and you shall be responsible for all activities under your log-in name, BITCOIN INDIA SOFTWARE SERVICES PVT LTD nickname and password (including but not limited to information disclosure, information posting, consent to or submission of various rules and agreements by clicking on the website, online renewal of agreement or online purchase of services, etc.). You hereby agree that: a) you will notify BITCOIN INDIA SOFTWARE SERVICES PVT LTD immediately if you are aware of any unauthorized use of your BTC nickname and password by any person or any other violations to the security rules; b) you will strictly observe the security, authentication, dealing, charging, withdrawal mechanism or procedures of the website/service; and c) you will log out the website by taking proper steps at the end of every visit. BITCOIN INDIA SOFTWARE SERVICES PVT LTD shall not and will not be responsible for any loss caused by your failure to comply with this provision. You understand that BITCOIN INDIA SOFTWARE SERVICES PVT LTD needs reasonable time to take actions upon your request, and BITCOIN INDIA SOFTWARE SERVICES PVT LTD will not undertake any responsibility for the consequences (including but not limited to any of your loss) that have occurred prior to such actions.
3. BITCOIN INDIA SOFTWARE SERVICES PVT LTD Service
Through BITCOIN INDIA SOFTWARE SERVICES PVT LTD Service and other services provided by BITCOIN INDIA SOFTWARE SERVICES PVT LTD and its affiliates, members may post deal information, access to the pricing and dealing information of bitcoin, reach intent of a deal and carry out the deal, participate in activities organized by BITCOIN INDIA SOFTWARE SERVICES PVT LTD and enjoy other information services and technical services. If you have any dispute with other members arising from any transaction on BITCOIN INDIA SOFTWARE SERVICES PVT LTD, once such dispute is submitted by one or both of you and the other member to BITCOIN INDIA SOFTWARE SERVICES PVT LTD for dispute resolution, BITCOIN INDIA SOFTWARE SERVICES PVT LTD shall have the right to make decision at its sole discretion. You hereby acknowledge and accept the discretion and decision of BITCOIN INDIA SOFTWARE SERVICES PVT LTD. You acknowledge and agree that, BITCOIN INDIA SOFTWARE SERVICES PVT LTD may, on requests from governmental authorities (including judicial and administrative departments), provide user information provided by you to BITCOIN INDIA SOFTWARE SERVICES PVT LTD, transaction records and any other necessary information. If you allegedly infringe upon any other’s intellectual rights or other legitimate interests, BITCOIN INDIA SOFTWARE SERVICES PVT LTD may provide the necessary ID information of you to the interest holder if BITCOIN INDIA SOFTWARE SERVICES PVT LTD preliminarily decides that the infringement exists. All the applicable taxes and all the expenses in relation to hardware, software, service and etc. arising during your use of the BITCOIN INDIA SOFTWARE SERVICES PVT LTD Service shall be solely borne by you. By using this service you accept that all trade executions are final and irreversible. By using this service you accept that BITCOIN INDIA SOFTWARE SERVICES PVT LTD reserves the right to liquidate any trades at any time regardless of the profit or loss position.
4. User’s Guide of BITCOIN INDIA SOFTWARE SERVICES PVT LTD Service
You hereby promise to observe the following covenants during your use of BITCOIN INDIA SOFTWARE SERVICES PVT LTD Service on BITCOIN INDIA SOFTWARE SERVICES PVT LTD: All the activities that you carry out during the use of BITCOIN INDIA SOFTWARE SERVICES PVT LTD Service will be in compliance with the requirements of laws, regulations, regulatory documents and various rules of BITCOIN INDIA SOFTWARE SERVICES PVT LTD, will not be in violation of public interests, public ethnics or other’s legitimate interests, will not constitute evasion of payable taxes or fees and will not violate this agreement or relevant rules. If you violate the foregoing promises and thereby cause any legal consequence, you shall independently undertake all of the legal liabilities in your own name and hold BITCOIN INDIA SOFTWARE SERVICES PVT LTD harmless from any loss resulted from such violation. During any transaction with other members, you will be in good faith, will not take any acts of unfair competition, will not disturb the normal order of online transactions, and will not engage in any acts unrelated to online transactions. You will not use any data on BITCOIN INDIA SOFTWARE SERVICES PVT LTD for commercial purposes, including but not limited to using any data displayed on BITCOIN INDIA SOFTWARE SERVICES PVT LTD through copy, dissemination or any other means without prior written consent of BITCOIN INDIA SOFTWARE SERVICES PVT LTD. You will not use any device, software or subroutine to intervene or attempt to intervene the normal operation of BITCOIN INDIA SOFTWARE SERVICES PVT LTD or any ongoing transaction or activities on BITCOIN INDIA SOFTWARE SERVICES PVT LTD. You will not adopt any action that will induce unreasonable size of data loading on the network equipments of BITCOIN INDIA SOFTWARE SERVICES PVT LTD. You acknowledge and agree: BITCOIN INDIA SOFTWARE SERVICES PVT LTD shall have the right to unilaterally determine whether you have violated any of the covenants above and, according to such unilateral determination, apply relevant rules and take actions thereunder or terminate services to you, without your consent or prior notice to you. As required to maintain the order and security of transactions on BITCOIN INDIA SOFTWARE SERVICES PVT LTD, BITCOIN INDIA SOFTWARE SERVICES PVT LTD shall have the right to close relevant orders and take other actions in case of any malicious sale or purchase or any other events disturbing the normal order of transaction of the market. If your violation or infringement has been held by any effective legal documents issued by judicial or administrative authorities, or BITCOIN INDIA SOFTWARE SERVICES PVT LTD determines at its sole discretion that it is likely that you have violated the terms of this agreement or the rules or the laws and regulations, BITCOIN INDIA SOFTWARE SERVICES PVT LTD shall have the right to publish on BITCOIN INDIA SOFTWARE SERVICES PVT LTD such alleged violations and the actions that having been taken against you by BITCOIN INDIA SOFTWARE SERVICES PVT LTD. As to any information you may have published on BITCOIN INDIA SOFTWARE SERVICES PVT LTD that allegedly violates or infringes upon the law, other’s legitimate interests or this agreement or the rules, BITCOIN INDIA SOFTWARE SERVICES PVT LTD shall have the right to delete such information without any notice to you and impose punishments according to the rules. As to any act you may have carried out on BITCOIN INDIA SOFTWARE SERVICES PVT LTD, including those you have not carried out on BITCOIN INDIA SOFTWARE SERVICES PVT LTD but have had impacts on BITCOIN INDIA SOFTWARE SERVICES PVT LTD and its users, BITCOIN INDIA SOFTWARE SERVICES PVT LTD shall have the right to unilaterally determine its nature and whether it constitutes violation of this agreement or any rules, and impose punishments accordingly. You shall keep all the evidence related to your acts on your own and shall undertake all the adverse consequences resulted from your failure to discharge your burden of proof. If your alleged violation to your promises causes any losses to any third party, you shall solely undertake all the legal liabilities in your own name and hold BITCOIN INDIA SOFTWARE SERVICES PVT LTD harmless from any loss or extra expenses. If, due to any alleged violation by you to the laws or this agreement, BITCOIN INDIA SOFTWARE SERVICES PVT LTD incurs any losses, is claimed by any third party for compensation or suffers any punishment imposed by any administrative authorities, you shall indemnify BITCOIN INDIA SOFTWARE SERVICES PVT LTD against any losses and expense caused thereby, including reasonable attorney’s fee.
5. Scope and Limitation of Liability
BITCOIN INDIA SOFTWARE SERVICES PVT LTD will provide BITCOIN INDIA SOFTWARE SERVICES PVT LTD Service at an “as is” and “commercially available” condition. BITCOIN INDIA SOFTWARE SERVICES PVT LTD disclaims any express or implied warranty with regards to BITCOIN INDIA SOFTWARE SERVICES PVT LTD Service, however, including but not limited to applicability, free from error or omission, continuity, accuracy, reliability or fitness for a particular purpose. Meanwhile, BITCOIN INDIA SOFTWARE SERVICES PVT LTD disclaims any promise or warranty with regards to the effectiveness, accuracy, correctness, reliability, quality, stability, completeness and timeliness of the technology and information involved by BITCOIN INDIA SOFTWARE SERVICES PVT LTD Service. You are fully aware that the information on BITCOIN INDIA SOFTWARE SERVICES PVT LTD is published by users on their own and may contain risks and defects. BITCOIN INDIA SOFTWARE SERVICES PVT LTD serves merely as a venue of transactions. BITCOIN INDIA SOFTWARE SERVICES PVT LTD serves merely as a venue where you acquire bitcoin related information, search for counterparties of transactions and negotiate and conduct transactions, but BITCOIN INDIA SOFTWARE SERVICES PVT LTD cannot control the quality, security or legality of the bitcoin involved in any transaction, truthfulness or accuracy of the transaction information, or capacity of the parties to any transaction to perform its obligations under the transaction documents. You shall cautiously make judgment on your own on the truthfulness, legality and effectiveness of the bitcoin and information in question, and undertake any liabilities and losses that may be caused thereby. Unless expressly required by laws and regulations or any of the following circumstances occurs, BITCOIN INDIA SOFTWARE SERVICES PVT LTD shall not have any duty to conduct preliminary review on information data, bitcoin information, transaction activity and any other transaction related issues of all users: BITCOIN INDIA SOFTWARE SERVICES PVT LTD has reasonable cause to suspect that a particular member and a particular transaction may materially violate the law or agreement. BITCOIN INDIA SOFTWARE SERVICES PVT LTD has reasonable cause to suspect that the activities conducted on BITCOIN INDIA SOFTWARE SERVICES PVT LTD by a member may be illegal or improper. Upon your irrevocable authorization, BITCOIN INDIA SOFTWARE SERVICES PVT LTD, third parties authorized by BITCOIN INDIA SOFTWARE SERVICES PVT LTD or third parties agreed upon by you and BITCOIN INDIA SOFTWARE SERVICES PVT LTD shall have the power to hear disputes arising from transactions between you and other members, make discretional judgment on the underlying facts and applicable rules and, further, make decisions, including but not limited to adjusting the transaction status of the relevant orders, instructing third-party payment company or customer service to transfer all or part of the payments in question to one or both of the parties and etc. Such decisions shall be binding on you. If you fail to execute the decisions within the time limit, BITCOIN INDIA SOFTWARE SERVICES PVT LTD has the right (but not duty) to make payment directly on your behalf using the balance in your BITCOIN INDIA SOFTWARE SERVICES PVT LTD account or security deposit you have placed with BITCOIN INDIA SOFTWARE SERVICES PVT LTD and its affiliates. You shall make up the security deposit timely and indemnify BITCOIN INDIA SOFTWARE SERVICES PVT LTD and its affiliates against any losses, otherwise BITCOIN INDIA SOFTWARE SERVICES PVT LTD and its affiliates shall have the right to offset your interests under any other agreements and may continue to claim for compensation. You understand and agree that, BITCOIN INDIA SOFTWARE SERVICES PVT LTD, third parties authorized by BITCOIN INDIA SOFTWARE SERVICES PVT LTD or third parties agreed upon by you and BITCOIN INDIA SOFTWARE SERVICES PVT LTD are not judicial authorities and are only capable of examining evidence as ordinary people, that the dispute resolution by BITCOIN INDIA SOFTWARE SERVICES PVT LTD, third parties authorized by BITCOIN INDIA SOFTWARE SERVICES PVT LTD or third parties agreed upon by you and BITCOIN INDIA SOFTWARE SERVICES PVT LTD is made solely based on your irrevocable authorization and that they cannot guarantee the result of such dispute resolution satisfies your expectation and will not take any responsibility for such result. If you suffer any losses caused thereby, you agree to claim against the beneficiary for indemnification on your own. You acknowledge and agree, BITCOIN INDIA SOFTWARE SERVICES PVT LTD shall not be liable for any of your losses caused by any of the following events, including but not limited to losses of profits, goodwill, usage or data or any other intangible losses (regardless whether BITCOIN INDIA SOFTWARE SERVICES PVT LTD has been advised of the possibility of such losses): use or failure to use BITCOIN INDIA SOFTWARE SERVICES PVT LTD Service. unauthorized use of your account or unauthorized alternation of your data by any third parties. expenses and losses incurred from purchase or acquisition of any data or information or engagement in transaction through BITCOIN INDIA SOFTWARE SERVICES PVT LTD Service, or any alternatives of the same. your misunderstanding on BITCOIN INDIA SOFTWARE SERVICES PVT LTD Service. any other losses related to BITCOIN INDIA SOFTWARE SERVICES PVT LTD Service which are not attributable to BITCOIN INDIA SOFTWARE SERVICES PVT LTD. In no event shall BITCOIN INDIA SOFTWARE SERVICES PVT LTD be liable for any failure or delay of service resulted from regular equipment maintenance of the information network, connection error of information network, error of computers, communication or other systems, power failure, strike, labor disputes, riots, revolutions, chaos, insufficiency of production or materials, fire, flood, tornado, blast, war, governmental acts, judicial orders or omission by third parties. You agree to indemnify and hold harmless BITCOIN INDIA SOFTWARE SERVICES PVT LTD, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
6. Termination of Agreement
You hereby agree that, BITCOIN INDIA SOFTWARE SERVICES PVT LTD shall have the right to terminate all or part of BITCOIN INDIA SOFTWARE SERVICES PVT LTD Service to you, temporarily freeze or permanently freeze (cancel) the authorizations of your account on BITCOIN INDIA SOFTWARE SERVICES PVT LTD at BITCOIN INDIA SOFTWARE SERVICES PVT LTD’s sole discretion, without any prior notice, for whatsoever reason, and BITCOIN INDIA SOFTWARE SERVICES PVT LTD shall not be liable to you or any third party; however, BITCOIN INDIA SOFTWARE SERVICES PVT LTD shall have the right to keep and use the transaction data, records and other information that is related to such account. In case of any of the following events, BITCOIN INDIA SOFTWARE SERVICES PVT LTD shall have the right to directly terminate this agreement by cancelling your account, and shall have the right to permanently freeze (cancel) the authorizations of your account on BITCOIN INDIA SOFTWARE SERVICES PVT LTD and withdraw the corresponding BITCOIN INDIA SOFTWARE SERVICES PVT LTD nickname thereof: after BITCOIN INDIA SOFTWARE SERVICES PVT LTD terminates services to you, you allegedly register or register in any other person’s name as BITCOIN INDIA SOFTWARE SERVICES PVT LTD user again, directly or indirectly; the email address you have provided does not exist or cannot receive emails, and there is no other means to contact you or you fail to update with an effective email address within 3 business days after BITCOIN INDIA SOFTWARE SERVICES PVT LTD notifies you via other means to change your email address; the main content of user’s information that you have provided is untruthful, inaccurate, outdated or incomplete; when this agreement (including the rules) is amended, you expressly state and notify BITCOIN INDIA SOFTWARE SERVICES PVT LTD of your unwillingness to accept the amended service agreement; any other circumstances where BITCOIN INDIA SOFTWARE SERVICES PVT LTD deems it should terminate the services. After the account service is terminated or the authorizations of your account on BITCOIN INDIA SOFTWARE SERVICES PVT LTD is permanently froze (cancelled), BITCOIN INDIA SOFTWARE SERVICES PVT LTD shall not have any duty to keep or disclose to you any information in your account or forward any information you have not read or sent to you or any third party. You agree that, after the termination of agreement between you and BITCOIN INDIA SOFTWARE SERVICES PVT LTD, BITCOIN INDIA SOFTWARE SERVICES PVT LTD shall still have the rights to: keep your user’s information and all the transaction information during your use of BITCOIN INDIA SOFTWARE SERVICES PVT LTD Service. Claim against you according to this agreement if you have violated any laws, this agreement or the rules during your use of BITCOIN INDIA SOFTWARE SERVICES PVT LTD Service. After BITCOIN INDIA SOFTWARE SERVICES PVT LTD suspends or terminates BITCOIN INDIA SOFTWARE SERVICES PVT LTD Service to you, your transaction activities prior to such suspension or termination will be dealt with according to the following principles and you shall will take care of on your own efforts and fully undertake any disputes, losses or extra expenses caused thereby and keep BITCOIN INDIA SOFTWARE SERVICES PVT LTD harmless from any losses or expenses: BITCOIN INDIA SOFTWARE SERVICES PVT LTD shall have the right to delete, at the same time of suspension or termination of services, information related to any un-traded bitcoins that you have uploaded to BITCOIN INDIA SOFTWARE SERVICES PVT LTD prior to the suspension or termination. if you have reached any purchase agreement with any other member prior to the suspension or termination but such agreement has not been actually performed, BITCOIN INDIA SOFTWARE SERVICES PVT LTD shall have the right to delete information related to such purchase agreement and the bitcoins in question. If you have reached any purchase agreement with any other member prior to the suspension or termination and such agreement has been partially performed, BITCOIN INDIA SOFTWARE SERVICES PVT LTD may elect not to delete the transaction; provided, however, BITCOIN INDIA SOFTWARE SERVICES PVT LTD shall have the right to notify your counterparty of the situation at the same time of the suspension or termination.
You acknowledge and agree that we have the right to terminate any account at any time and for any reason. You further acknowledge and agree that we have the right to take any and all necessary and appropriate actions pursuant to this User Agreement and/or Applicable Laws and Regulations. If your account is terminated, we will return your funds, less the value of any trading fee discounts, rebates, and/or damages that we are entitled to pursuant to this User Agreement. If your account is no longer subject to an investigation, court order, or subpoena, you authorize us to return your funds (less any trading fee discounts, rebates, and/or damages to which we are entitled) to any bank account linked to your account, unless otherwise required by law. If there is a Digital Asset balance remaining in your account, you agree to provide us with a Digital Asset address within three (3) calendar days upon receiving written notice, so that we can return the remaining Digital Assets to you. If you fail to do so, you hereby agree that we are permitted to sell any remaining Digital Assets on the open market at the prevailing market price and return the proceeds (less any trading fee discounts, rebates, and/or damages to which we are entitled) to any bank account linked to your account.
7. Privacy Policy
BITCOIN INDIA SOFTWARE SERVICES PVT LTD may announce and amend its privacy policy on the platform of BITCOIN INDIA SOFTWARE SERVICES PVT LTD from time to time and the privacy policy shall be an integral part of this agreement.
8. Governing Law, Jurisdiction and Others
The validity, interpretation, modification, execution and dispute resolution of this agreement shall be governed by the laws of the mainland of India. Where the laws are silent, common international business practices and (or) industry practices will be referred to. This agreement sets forth the general terms that you are subject to during your use of BITCOIN INDIA SOFTWARE SERVICES PVT LTD and, during your use of a particular BITCOIN INDIA SOFTWARE SERVICES PVT LTD, you shall also comply with the specific terms applicable to such platform (for details please refer to any other agreement and platform rules entered into by and between you and such platform). In case of any inconsistency or conflict between the general terms and specific terms, the specific terms shall prevail. In case of any disputes arising out of this agreement, the legal entity to be involved as a party to the dispute shall be identified by locating the platform on which you have used the services in question. For example, it should be the operator of BITCOIN INDIA SOFTWARE SERVICES PVT LTD who will communicate with you and take care of any disputes arising out of your use of BITCOIN INDIA SOFTWARE SERVICES PVT LTD Service. If there is any dispute, both you and the operator of BITCOIN INDIA SOFTWARE SERVICES PVT LTD agree that the court at the residence of the defendant shall be the competent trial court.
9. LEGAL COSTS
You agree to indemnify us and any Bitcoin India™ Service Provider for actual, reasonable legal costs and expenses directly related to your account or any related account that are a result of any regulatory inquiry, legal action, litigation, dispute, or investigation whether such situations occur or are anticipated, that arise or relate to you or your use of Bitcoin India™. As a result, we will be entitled to charge your Bitcoin India™ Wallet/Account for such costs without notice, including legal and enforcement related costs that we incur. Any withholding will last for a period of time that is reasonably necessary to resolve any regulatory or legal issue at hand, and we may place any amounts garnered from you in a separate account, and will pay you the remaining balance after any noted issue has been resolved. Furthermore, you agree that where such anticipated or actual actions relate to a specific asset in your account, that asset may not be transferred out of the said account until the matter is resolved. We will provide copies of all invoices on request.
10. Prohibited Use
In connection with your use of the Bitcoin India™ Services, and your interactions with other users, and third parties you agree and represent you will not engage in any Prohibited Business or Prohibited Use defined herein. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your Bitcoin India™ Account and/or block transactions or freeze funds immediately and without notice if we determine, in our sole discretion, that your Account is associated with a Prohibited Use and/or a Prohibited Business.
11. Suspension, Termination, and Cancellation
Bitcoin India™ may: (a) suspend, restrict, or terminate your access to any or all of the Bitcoin India™ Services, and/or (b) deactivate or cancel your Bitcoin India™ Account if:
If Bitcoin India™ suspends or closes your account, or terminates your use of Bitcoin India™ Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits Bitcoin India™ from providing you with such notice. You acknowledge that Bitcoin India™'s decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to Bitcoin India™'s risk management and security protocols. You agree that Bitcoin India™ is under no obligation to disclose the details of its risk management and security procedures to you.
You will be permitted to transfer Digital Currency or funds associated with your Hosted Digital Currency Wallet(s) and/or your Currency Wallet(s) for three (3) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, including but not limited to applicable sanctions programs, or (ii) by a facially valid subpoena or court order. If Bitcoin India™ suspends or closes your account, or terminates your use of Bitcoin India™ Services for any reason Bitcoin India™ reserves the right to require you to complete the Verification Procedures before permitting you with transfer or withdraw Digital Currency or Fiat Currency.
Abuse charges: Upon noticing that any user abuse the organisation, it’s support executives, it’s representatives, partners, customers, in any any manner causing mental harassment, you will be charged with an offence under the general term of Abusive behaviour, if your behaviour results the victim extreme emotional harm as a result of repeated abusive behaviour. And, the company will deduct fee of Rs. 5000 from the user’s wallet account, if funds not available in the respective user’s wallet account then the same amount will be deducted from the person who has referred the users to our services, in addition to that the company will suspend the user accessing/operating his Bitcoin India™ wallet account for the period of 30-days. If found repeat instances then the company would permanently terminate the user’s Bitcoin India™ wallet account.
Wallet maintenance fees:
(i) Bitcoin India reserves the right to levy monthly server/wallet maintenance charges, from its users in order to keep user wallets (including sub-wallets*) active, charges would be applicable from the month when the users sign_up to our products/services via our website/app. Server/wallet Maintenance charges are applicable to all sub-wallets* from the time when you start using it. And, maintenance charges of Rs. 300 INR or 0.0001 BTC (whichever is higher based on market price) per each sub-wallet, per month would be applicable.
*Sub-wallets: “Bitcoin India wallet” which has many sub-wallets, their names are “Bitcoin (BTC) wallet”, “BitcoinCash (BCH) wallet”, BitcoinGold (BTG) wallet, BITCOIN GOD (GOD) wallet, Bytecoin (BCN) wallet, Bitshares (BTS) wallet, Clubcoin (CLUB) wallet, Dash (DASH) wallet, Dogecoin (DOGE) wallet, Digibyte (DGB) wallet, “Ether (ETH) wallet”, EOS (EOS) wallet, Ether Classic (ETC) wallet, Factom (FCT) wallet, “Litecoin (LTC) wallet”, Lisk (LSK) wallet, IOTA (IOTA) wallet, Monero (XMR) wallet, NEM (NEM) wallet, NEO (NEO) wallet, OmiseGO (OMG) wallet, Ripple (XRP) wallet, Rupee/Cash (INR) wallet, SegWit2X (B2X) wallet, Super Bitcoin (SBTC) wallet, Siacoin (SC) wallet, TRON (TRX) wallet, VeChain (VEN/VET) wallet, ZCASH (ZEC) wallet.
(ii) Bitcoin India reserves the right to levy daily server/wallet maintenance charges, upon not receiving proper response from any user within specified period mentioned in the Account 'termination notice', you are liable to bear the Wallet Maintenance Fee of Rs. 1000 per a day until your wallet balance become zero, which is applicable immediately after the due date mentioned.
iii) Mining pack refund: If you have any active mining packs and it doesn’t fulfil your interest in that case we at Bitcoin India welcome you to raise a request to get refund of the mining pack/s within 30-days period from the date of purchase, for which we will process the refund https://bitcoin.zendesk.com/hc/en-us/articles/360001388852-Am-I-Eligible-to-get-full-refund-on-PickAxe-Mining-Pack on a pro-rata basis; Mining pack refund can be requested by sending an email to care@bitcoin-india.org by mentioning mining pack purchase reference number in the email communication or else, you can also raise a support ticket https://bitcoin.zendesk.com/hc/en-us/requests/new by visiting the below link for the same.
You may request to cancel/close your Bitcoin India™️ Account at any time by submitting an affidavit (both soft copy via e-mail to legal@bitcoin-india.org and hard copy to the company’s registered address) stating that you agree to withdraw only the funds/assets that are deposited by you and agree/accept that you will not be claiming any profits that you had made through us (our portal, website, app, services, etc.,). Furthermore, the affidavit document must confirm that you are no way involved in any of the legal matters against the company or its management (for more details, please refer Clause 9 of the terms_of_service). If found that you are involved, your account closure/cancellation request as well as funds transfer/withdrawal request/s will not be processed until the matter is resolved.
If you have already withdrawn any funds/assets so far, then you are liable to receive the remaining amount of the deposited funds/assets only.
If the reason of closing/cancelling the account is due to the violation of the company terms of service ( https://bitcoin-india.org/en/terms_of_service ), we will charge amount of Rs. 1,00,000 to Rs. 5,00,00,000 (based on respective profile/account value) without any prior notice. In case, if there are any legal, enforcement related, or other costs incurred, the same costs will be deducted from your deposited funds and you are liable to receive the then remaining deposited amount/assets only.
Final withdrawal option will be enabled/processed only after validating (which might take upto 30-90 working days) the original affidavit document (physical copy) received from you to the company’s registered address.
You will not be charged for canceling your Bitcoin India™️ Account. Although, you will be required to pay any outstanding amount owed to Bitcoin India™️. You authorize us to cancel or suspend any pending transactions at the time of cancellation.