March 17, 2021
terms-of-use on Wallebi
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 Terms of Use

PLEASE READ THESE TERMS OF USE OF WALLEBI LTD. CAREFULLY. BY ACCESSING OR USING THE WALLEBI, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE WALLEBI.

WALLEBI shall mean and include below – WALLEBI LTD, incorporated in United Kingdom and having its registered address at 20-22 Wenlock Road, London, N1 7GU.

  • hereinafter referred to as “WALLEBI”, which term shall refer to and include its owners, its subsidiaries and affiliated companies, directors, investors, employees, officers, representatives, affiliates, or other related parties.
  • Persons availing services of the WALLEBI LTD., directly or indirectly, are referred to herein, as “Users”.

 

WALLEBI RULES

  • WALLEBI CURRENTLY DOES NOT EXTEND ITS SERVICES TO USERS FROM UNITED STATES OF AMERICA. This is ‘Prohibited Jurisdictions’.

– You may not use the WALLEBI LTD, if you are located in, or a citizen or resident of USA or where your use of the Services would be illegal or otherwise violate any applicable law.

– WALLEBI maintains the right to select its markets and jurisdictions to operate and may restrict or deny its services to certain countries. The content of this Agreement shall not be excluded from the laws of the country under which the user belongs.

– You also may not use the WALLEBI LTD. if you are located in, or a citizen or resident of, any other jurisdiction where WALLEBI has determined, at its discretion or in accordance with applicable law, to prohibit use of the Services.

  • WALLEBI currently providing services to the users from European Union region countries, Africa, Australia and Oceania Continent
  • WALLEBI may implement controls to restrict access to the Services from any jurisdiction prohibited. Barring the users from above mentioned countries, all other natural or legal persons can be Users, and no person other than a natural or legal person with a valid, authorized account with WALLEBI can avail of the WALLEBI LTD.
  • By registering to use a WALLEBI Account, you have affirmed that you are not a minor and you are an individual, legal person or other organization with full legal capacity to enter into this User Agreement between you and WALLEBI.

– If you are not, you and your guardian shall undertake all consequences resulting from your actions and WALLEBI shall have the right to cancel or freeze your account in addition to filing claims against you and your guardian for compensation.

– This is an agreement between WALLEBI and User, which together with the Privacy Policy (collectively referred to herein as the “Agreement”) shall be binding on the User.

– By clicking the “I Agree” button in the WALLEBI, User hereby agrees to be bound by the Terms and Conditions of Service set out hereunder for availing of the WALLEBI LTD. and also the policies mentioned herein and to any modifications, amendments or updates made to the said Agreement.

  • WALLEBI provides facilitation services, inter alia, the WALLEBI Android App, WALLEBI iPhone App (collectively, “WALLEBI App”) or through Wallebi.com Web Version (“Web Version”) and through WALLEBI website at “www.WALLEBI.com” (“WALLEBI Website”).
  • Collectively along with the WALLEBI App, WALLEBI Web Version and WALLEBI website, WALLEBI Developer Portal and APIs for WALLEBI Users is referred to as the “WALLEBI ACESSES”).
  • Other current or future services, products, features, technologies, and functionalities proposed by WALLEBI are referred to “WALLEBI Offers”.
  • WALLEBI App, WALLEBI Website, WALLEBI ACESSES, WALLEBI Offers are collectively referred to hereunder, as “WALLEBI LTD.”.
  • Any account opened by a User with WALLEBI to avail of the WALLEBI LTD, in any form shall be referred to as a “User Account”.
  • The terms governing such offer of services, the consideration payable, limitations applicable thereto and the representations and warranties of WALLEBI are more fully set out herein.

– We reserve right to collect from Users of WALLEBI a fee by whatsoever name called for facilitating transfer of cryptocurrencies amongst the wallets including but not limited to blockchain network.

– Users are required to read, review, understand and agree to the terms hereunder for using or availing of the WALLEBI LTD., by clicking on the “I Accept” option in the WALLEBI.

– Upon clicking “I Accept” in the WALLEBI, or upon availing of any part of the WALLEBI LTD., or upon applying for the opening of a User Account on the WALLEBI, a User indicates their acceptance of the terms of this Agreement and their intention to be bound by it.

– By executing this agreement, Users are deemed to have understood the technology behind the creation and circulation of cryptocurrencies, including “Bitcoins”, are deemed to have understood and accepted the risks inherent in dealing in cryptocurrencies and in availing of the WALLEBI LTD., and are deemed to have expressly given their consent to be bound by the terms herein, including the representations, warranties and disclosures set out hereunder.

– Once the terms contained hereunder are accepted by a User, the same shall be binding on such User while availing of the WALLEBI LTD.

– In any manner whatsoever, and subsequent to such User’s use of the WALLEBI LTD., every User shall ensure that no third party uses its account on the WALLEBI, and that such User uses the WALLEBI LTD, only for its own account and for its own benefit.

– Further, in addition to the terms contained herein, Users shall be bound by the terms and conditions governing purchase, sale or trading of Cryptocurrencies, including “Bitcoins”, as stipulated by the issuers thereof.

– Users shall be permitted to avail of the WALLEBI LTD, including the User Account only after reading the terms herein and in the policy documents set out hereunder and after accepting the same.

 

LIMITATIONS ON USE OF WALLEBI LTD

  • WALLEBI offers trading in cryptocurrencies through the WALLEBI ACESSES. Presently WALLEBI offers trading in limited cryptocurrencies, although the WALLEBI LTD, may extend to other cryptocurrencies as well in the future (for which all of the terms contained herein will apply).
  • WALLEBI is neither the creator nor the administrator of any cryptocurrencies including Bitcoins, and is not in any way responsible for the global pricing of any cryptocurrency, the operation of any blockchain with respect to any cryptocurrency, or the mining process in relation to any cryptocurrency.
  • It merely facilitates the trading of cryptocurrency by Users on the WALLEBI, and does not engage in such trading itself, or buy or sell any cryptocurrency for its own account or for its own benefit.
  • WALLEBI has no control over the generation, distribution, retention (except in its wallets), verification, termination, or market volatility of any cryptocurrencies. It merely acts as an intermediary for the trading in cryptocurrencies by User, and provides other ancillary services in relation thereto, which are more fully set out hereunder.
  • WALLEBI does not provide any warranty of any kind, either express or implied, in relation to the WALLEBI services. The WALLEBI and the products offered therein, including facilitation services for the trading of cryptocurrencies between Users, are provided on an “as-is”and “as available” basis.
  • Users avail of the WALLEBI services, and deal in cryptocurrencies at their own risk and with full awareness of the risk of the possible diminishment, devaluation and (potentially) complete loss of the entire holding or valuation of the User Account and all cryptocurrencies held therein, in the event of the occurrence of any of the risk factors outlined in this Agreement (as well as other risk factors

inherent in any transactions involving cryptocurrencies), including, but not limited to, changes in the regulatory or legal compliances or/and any legal, regulatory, contractual or other restrictions that may be placed on WALLEBI. It is hereby expressly declared that WALLEBI offers no warranty of any kind regarding the WALLEBI services.

  • WALLEBI services are strictly available for use to users apart from Prohibited Jurisdiction mentioned above, to the extent (and till such time) that transactions or trading in cryptocurrencies are permitted and not been curtailed in such parts or until WALLEBI notify otherwise and open its services to some of the Jurisdictions from the current list of prohibited jurisdiction.
  • In the event that a User resides in any such jurisdiction where any transactions in cryptocurrencies may be prohibited (“Prohibited Jurisdiction”), Users are not permitted to use the WALLEBI services in any form (“Prohibited Jurisdiction Use”).
  • Any Prohibited Jurisdiction Use will amount to a breach of this Agreement, and WALLEBI shall forthwith be entitled to terminate this Agreement and the use and operation of the relevant User Account, shall extend all cooperation to the relevant governmental and enforcement authorities, and shall not be liable in any manner whatsoever for any Loss arising out of such, in relation to, or subsequent to such Prohibited Jurisdiction Use.
  • Users are therefore duly warned against availing of the WALLEBI services in any manner whatsoever in or from a Prohibited Jurisdiction,. Users shall be solely responsible for ensuring compliance with this requirement, and for compliance with the laws and regulations of the jurisdiction in or from where they are availing of the WALLEBI services.
  • Subject to confirmation by the User to be bound by the terms contained herein, and compliance with the terms contained herein at all times, WALLEBI hereby grants to the User a personal, revocable, non-exclusive, non-transferable, non-sub licensable, and limited right to use the WALLEBI services.
  • WALLEBI may use third party service providers to render some or all of the WALLEBI services, or for facilitating the same. User agrees to the use of such third parties, and hereby provides consent for collection, analysis, use, dissemination and retention by such third parties of any and all personal data, or and sensitive personal data and information of the User.
  • User shall be bound by the terms of service of such third parties to the same extent as WALLEBI would be bound. WALLEBI shall however not be responsible or liable for any act, inaction, commission or omission by such third parties, including with respect to data protection, privacy, security practices, or compliance with applicable laws and regulations.
  • These terms shall be applicable to all existing and new Users. WALLEBI reserves the right to modify or amend the terms herein, and an intimation thereof shall be sent to existing Users, who may decide to opt out of the WALLEBI services at such time by intimating WALLEBI of such intention in writing.
  • Continued use of the WALLEBI services shall be deemed to amount to confirmation and acceptance of the modified or altered terms hereof.
  • The Parties agree that the terms set out hereunder are in consideration of good and valuable consideration, and shall be and are intended to be binding on both Parties.

 

SCOPE OF SERVICES

  • WALLEBI provides an online CryptoCurrency trading (Fiat to crypto and vice versa) for products commonly known as cryptographic tokens, digital tokens or cryptographic currency.
  • WALLEBI functions as a trading provider and is not a buyer or seller in trades made between traders.
  • WALLEBI is also not a market maker. Traders must register and open an account with WALLEBI ACCESSES and deposit CryptoCurrency or Fiat prior to commencement of trading.
  • Traders may request the withdrawal of their CryptoCurrency, subject to the limitations as stated in the Terms and Conditions.
  • WALLEBI strives to maintain the accuracy of information posted on its communication media, however it cannot guarantee the correctness, appropriateness, reliability, completeness, performance or fitness for purpose of the content through the, and will not accept liability for any loss or damage that may arise directly or indirectly from the content.
  • Information on WALLEBI can be subjected to change without notice and is provided for the primary purpose of facilitating users to arrive at independent decisions.
  • WALLEBI does not provide investment or advisory advice and will have no liability for the use or interpretation of information as stated in its or other communication mediums.
  • All users of WALLEBI must understand that there are risks involved in trading. WALLEBI encourages all users to exercise prudence and trade responsibly within their own means.
  • While WALLEBI emphasizes security to ensure the continuity and security of its services (announcements will be made in event of downtime/maintenance), it will be non-accountable to Act of God, malicious targeted hacking, terrorist attacks and other unforeseen circumstances.
  • WALLEBI reserves the right to cancel rollback or block transactions of all type on its in event of abnormal transactions.
  • WALLEBI will not ask for any password from its users nor ask users to transfer Cryptocurrency, that are not listed on its trading.
  • Users are encouraged to exercise prudence in dealing with discounts or promotions that could lead to them getting scammed. While the list is non-exhaustive, you agree that WALLEBI will not be held responsible for any losses arising from the situations stated above.
  • Users shall avail WALLEBI LTD. only for legal purposes and through legal means. Pursuant to any contrary law or regulation, WALLEBI reserve right to discontinue any service/s forthwith.
  • WALLEBI is neither involved in any mining business nor promoting such schemes/products.

 

WALLEBI ACCOUNT

User may open a User Account subject to the following conditions:

  • Opening of User Account

– User may create a User Account by first downloading and installing the WALLEBI App on their Android smartphone or iPhone by using the Play Store or IOS App Store, as applicable, subject to the terms contained herein.

– User shall comply with the procedures prescribed for opening the User Account, including providing a valid and subsisting email address and mobile number for completing the verification process and shall provide requisite know your customer details and documents.

– WALLEBI reserves the right to reject registration or validation of a User Account on any grounds as it deems suitable, at its sole discretion, with due regard to legal and regulatory framework concerning cryptocurrencies.

 

  • Data Disclosures & Consent

 

User hereby allows access to and provides consents to WALLEBI for collecting and using the personal data and sensitive personal data and information of the User as per terms mentioned herein, including but not limited to:

– name, address, contact information identification documents and details contained therein;

– mobile numbers and IP addresses from which the WALLEBI services are being accessed; and

– identity numbers and details of all equipment utilized to access or avail of the WALLEBI services, including devices from which the WALLEBI services are accessed; the device numbers, model and such or other details that may be culled out through automated processes; IMEI, ISMI, operating system, device model, RAM, CPU and other details for computers and mobile phones, unique installation number, iCloud device or email id for Apple products, fingerprinting details and other sensitive personal information required for allowing or completing the transactions envisaged herein, as WALLEBI’s sole discretion.

– WALLEBI may call upon User to furnish additional details and / or documents, either pursuant to governmental or regulatory compliance or due to modifications in any terms contained herein. User hereby agrees and undertakes to comply with the same within the timelines prescribed.

– In addition to the terms contained herein, Users shall be bound by the terms of the Privacy Policy.

 

  • know your customer compliance

– WALLEBI collects personal information of the users to facilitate our Services. When we require certain personal information from users it is because we are required by law to collect this information or it is relevant for specified purposes of providing services.

– Any information you provide to us that is not required is voluntary. You are free to choose whether to provide us with the types of personal information requested, but we may not be able to serve you as effectively or offer you all of our Services when you do choose not to share certain information with us.

– We may collect the following types of information provided / shared by the User including but not limited to below, as applicable. o Personal Identification Information: Full name, date and place of birth, age, nationality, gender, signature, utility bills, address proofs, photographs, phone number, home address, and/or email.

o Recognized Identification Information: Tax ID number, passport number, driver’s license details, national identity card details, photograph identification cards, and/or visa information

o Monetary Information: Bank account information, Permanent account Number, Credit or Debit Card No., transaction history, trading data, and/or tax identification.

o Transaction Information: Information about the transactions you make on our Services, such as the name of the recipient, your name, the amount, and/or timestamp.

o Employment or Business Information: Office location, job title, and/or description of Business, role, etc.

o Online Identifiers: User’s device information including but not limited to IMEI or equipment identification number, IMSI or subscriber identification, MAC address, Android version, device details, network operator, contact list information, Wi-Fi / Data Network connectivity.

o Cookies Information generated by the User’s use of the app and the website, including cookies and IP addresses.

o Geolocation of a User’s device or such or other automatically collated data or information of User.

o Access to User’s Photo Gallery / Media / Files / Camera;

o Access to User’s other apps and services including messaging through SMS; usage data.

o Any other information to provide services.

– User hereby consents to retention of the above details and documents by WALLEBI for its own use, for as long as WALLEBI deems necessary. WALLEBI shall be entitled to retain the above details and documents even for of those Users whose registration has been rejected by WALLEBI.

– WALLEBI shall take reasonable care and caution in the collection and retention of all information, data and documents provided by Users.

– WALLEBI shall comply with the terms of the Privacy Policy for collection and retention of User data, including sensitive personal data and information. The Privacy Policy may be periodically reviewed and revised, modified or updated.

– By accepting the terms herein and by continued use of the WALLEBI LTD., Users are deemed to have agreed to such revised terms of the Privacy Policy, and shall be bound by such terms.

– In the event that a User wishes otherwise, upon compliance with the procedures set out hereunder for termination, User may terminate this Agreement.

– Acceptance of the terms herein shall be tantamount to acceptance of the Privacy Policy and the AML Act, and the terms contained therein. Users are required to read, understand and affirm and the Privacy Policy before clicking the “I Accept” button to our Terms of Service.

– WALLEBI may call upon User to furnish additional details and / or documents, either pursuant to governmental or regulatory requirements, or due to modifications in any of the terms of this Agreement, the Privacy Policy or the AML Act. User hereby agrees and undertakes to comply with the same within the timelines prescribed.

 

  • VERIFICATION PROCESS

– WALLEBI shall, at its sole discretion activate the User Account upon verification of the details provided through the KYC process included in this Agreement. In the event of any factual

inaccuracies or other problems with the details or documentation provided by a prospective User during this process, WALLEBI shall be entitled to forthwith terminate the User Account without notice to the concerned User, and such User shall not be permitted to use the User Account or the WALLEBI services thereafter.

– WALLEBI may call upon User to furnish additional details and / or documents, either pursuant to governmental or regulatory requirements, or due to modifications in any of the terms of this Agreement, the Privacy Policy or the compliance under AML Act.

– WALLEBI is entitled to terminate existing User Accounts for non–compliance with such requests for further details or information after due notice.

– WALLEBI may, at its sole discretion, send to the User intimation of reasons for non-activation of a User Account. WALLEBI is not under any obligation, however, to provide such notice.

– Only natural or legal persons with a valid KYC and Identity documents as applicable, may apply for a User Account and avail of any part of the WALLEBI services.

– Upon verification, if the KYC details furnished by a User are found to be falsified, invalid or otherwise inaccurate, WALLEBI shall forthwith terminate the relevant User Account without notice to the concerned User.

– Existing Users may be called upon to comply with the KYC and verification process contained in this Agreement.

– In the event of termination or deactivation of an existing User Account, Users shall be duly intimated by WALLEBI, along with reasons for such deactivation and the procedures for redress (if any). Delay in termination of such User Accounts shall not amount to a waiver of the mandatory information and documentary requirements contained in this Agreement.

 

  • TERMS OF FEE

– Users shall be bound by the policies, rules and User Guidelines prescribed by WALLEBI periodically, the terms of which shall form part of this Agreement.

– WALLEBI offers Services for consideration in the form of transaction fees, as intimated to User prior through its User hereby agrees to make the payment of such transaction fees, on terms set out on the WALLEBI. All fees due to WALLEBI shall be automatically debited from the relevant User Account, and User consents to such debit on a periodic basis.

– If applicable, any payments to be made by WALLEBI to any User in relation to any transaction entered into between Users (and facilitated on the WALLEBI ACESSES) shall be made after all appropriate deductions and withholding is made, as per applicable Law.

 

  • ANTI-MONEY LAUNDERING & ANTI – ABUSE

– WALLEBI has zero tolerance towards use of any portion of the WALLEBI services for or in connection with any illegal or unlawful purpose. Any such use of the WALLEBI services by any User shall result in forthwith termination of the relevant User Account, and WALLEBI shall cooperate with governmental and regulatory authorities in the reporting and investigation of such actions (including by providing any information and details that such User has provided to WALLEBI).

– Users shall be bound by the terms of the AML Act at all times, in addition to the terms contained herein.

– Users shall ensure that AML Act are strictly complied with at all times, both during and after the User’s use of the WALLEBI services. WALLEBI shall not allow the WALLEBI services to be used for any illegal or criminal purposes, including (but not limited to) money laundering and the funding of terrorist activities.

– WALLEBI shall report all suspicious activities to the concerned authorities to ensure initiation of investigation and prosecution. Users are therefore strongly cautioned against misuse of the WALLEBI LTD. in any manner for illegal activities.

– WALLEBI reserves the right to decline or discontinue, as the case may be, any User Account, at its discretion, with present as well as prospective Users at all times. In the event of any suspicious activity being disclosed, or if a User is suspected of abusing the WALLEBI LTD, in any way, WALLEBI shall have the right to suspend or terminate the relevant User Account of a User, and this Agreement shall stand terminated forthwith.

– Where applicable, intimation of such suspension or termination shall be duly sent to the User and the accumulated monies or cryptocurrencies in the account of such User shall be duly secured and shall accrue in favor of such User, unless otherwise appropriated by WALLEBI towards dues owed to it, or retained pending confirmation from a regulatory or statutory authority or in compliance with an order from a governmental or regulatory authority, court, or quasi-judicial body.

– Crypto currencies lying in any User Account suspected of being associated with any activity that contravenes any applicable Law, or of abusing the WALLEBI services, shall not be released in favor of any User until an appropriate order is received from a governmental, regulatory, judicial or quasi-judicial body that is competent to pass such an order.

 

  • USER GUIDELINES

Users shall ensure strict compliance with the following user guidelines set out hereunder (“User Guidelines”):

– Users shall ensure that they provide current, accurate, and complete information during the process of opening the User Account, and shall ensure that all such information is updated immediately upon any change of circumstances, or when prompted to do so by WALLEBI.

– User shall not divulge their account details to any third parties, including other Users.

– Users shall be solely responsible for ensuring the confidentiality and protection of the data pertaining to their User Account.

– Users shall not share their account passwords with any third parties, including other Users.

– Users shall not allow any third parties (including any other Users) to use their User Account in any manner, or to derive any benefit whatsoever from such User Account.

– Each User Account is intended for the use of a single User, who has registered with WALLEBI in the manner prescribed under this Agreement.

– Each User is only permitted to have one User Account, and cannot open or maintain multiple User Accounts, or attempt to operate or gain access to another User Account (irrespective of whether the consent of such User has been obtained for such use or access).

– User shall be wholly responsible and liable for all activities that occur in relation to, or in connection, their User Account, irrespective of whether the User has personal knowledge or control in relation to such activities.

– Users shall utilize the WALLEBI services only for their personal purposes, and not for any commercial, industrial or professional purposes whatsoever.

– Users shall use the WALLEBI services only for lawful purposes and shall not use any part of the WALLEBI services, for or in connection with any action or conduct which may amount to a violation of any applicable Law.

– Users shall be solely liable for all consequences (whether under applicable Law or otherwise) of any activities in connection with their User Accounts that contravene applicable Law in any manner whatsoever. Without prejudice to the generality of the above.

– Users shall not use the WALLEBI services for any unlawful purpose, including but not limited to money laundering, terrorism or any other illegal activity.

– Users shall also not use or avail of the WALLEBI services to convert illegal or wrongful gains, including those from criminal activities.

– Users shall comply with the IPR policy set out herein and shall not violate the proprietary rights of WALLEBI ACCESSES, or of any third party.

– Users shall not use circumvention or obfuscating technologies to mask their IP addresses, or to hide transaction details, or attempt in any way to conceal or alter information or details that WALLEBI is entitled to ascertain, analyze, collect or retain under applicable Law, or in accordance with the terms of the Agreement, the Privacy Policy or under AML Act. Users shall not create or distribute any technologies for such purposes, or provide any assistance to any other person in any manner for such purposes.

– Users shall ensure that true and correct details are furnished to WALLEBI including all information required for the account opening process and the KYC process (both during User onboarding and on an ongoing basis); transactional details and such or other information, details and clarifications that WALLEBI may require from time to time.

– Users shall not make any misrepresentation in any communication to WALLEBI, or with respect to any information or details rendered to WALLEBI at any time, and shall not otherwise attempt to misinform or misguide WALLEBI in any manner.

– Users are hereby duly informed that WALLEBI shall share all such details with regulatory or legal authorities, as required under applicable Law, and the User shall be solely responsible for the correctness and veracity of the contents thereof.

– WALLEBI shall have no liability whatsoever for any inaccuracy or falsehood in any information, document or communication from a User.

– User shall ensure that the source of the Cryptocurrency used for purchase or transfer of cryptocurrencies on the WALLEBI is entirely lawful.

– User shall be solely liable for any illegality with respect to the source of Cryptocurrency used for transactions on the WALLEBI, or for any other illegality with respect to such transactions.

– User shall not misuse or abuse the WALLEBI services in any manner. In particular, User shall not: o Violate these terms or the terms of the policies and guidelines prescribed by WALLEBI.

o Upload or share any information belonging to another person which the User does not have any right to share.

o Impersonate another person, including any other User.

o Upload or share any information that is invasive of another person’s privacy.

o Upload or share any information that is grossly harmful, harassing, blasphemous, defamatory, libelous, obscene or pornographic.

o Put forth any information that is hateful, or racially, ethnically objectionable, disparaging.

o Commit any act relating to or encouraging money laundering or gambling.

o Do any act that is pedophilic or harming minors in any way; Infringe any patent, trademark, copyright or any other proprietary rights of WALLEBI or of third parties.

o Violate any applicable law or regulation for the time being in force.

o Deceive or mislead or communicate any information, which is grossly offensive or menacing in nature or about the origin of messages containing such information.

o Upload any information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

o Do any act that threatens the unity, integrity, defense, security or sovereignty of applicable jurisdiction, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevent investigation of any offence or insult any other nation.

o Knowingly host or upload any information or initiate the transmission of any information mentioned above.

o User shall take reasonable measures to secure personal devices and information contained on it. User will ensure not circumvent any law in force by changing the technical configuration of personal devices, which has the capability to change their normal course of operation other than what it is supposed to perform.

o User shall not induce or entice other persons to avail of the WALLEBI services or to open accounts.

– WALLEBI does not encourage Users to promote or advertise its services. Participation in its referral program is limited to Users sharing their experience with peers and the same should not be to misrepresent or mislead any third parties.

– Users shall not make any representations or any warranties with respect to WALLEBI services to any third parties.

– Users are not allowed to represent WALLEBI in any manner whatsoever and shall be solely liable for any third parties acting on their representations or statements.

– Users shall bear all responsibility for maintaining the confidentiality of their account information, including User Name, password/PIN, safeguarding their User Accounts including the cryptocurrencies stored therein; undertaking/implementing reasonable security measures to protect the same from malicious attacks or inadvertent losses and for any activity including transactions that are undertaken from the User Account.

– WALLEBI shall take reasonable measures to ensure security of their infrastructure but shall not be responsible or liable for any Loss arising due to breach or violation of third party infrastructure.

– User shall be responsible for the confidentiality of the transactions in their account.

– Users have been duly notified that their transactions are not anonymous and that transaction activity will be shared if called upon by any legal, governmental or regulatory authority

– User shall notify WALLEBI through WALLEBI.com immediately upon noticing any suspicious activity on their User Account, or any unauthorized use of the User Account or their password or login details, or any breach of security in relation to the User Account.

– WALLEBI shall not be liable for any Loss caused to the User as a result of such unauthorized use or access, if such Loss occurs pursuant to a failure to notify WALLEBI in a timely manner.

– Users are cautioned against undertaking any suspicious activity or suspicious transactions on their User Accounts. In the event of any suspicious or large transactions being undertaken on a User Account, WALLEBI shall have the right (but not the obligation) to verify such activity and carry out further KYC procedures, and if required, to suspend the transactions or freeze the relevant User Accounts, till compliance by the User with WALLEBI’s authentication processes (as described in this Agreement) to WALLEBI’s satisfaction. WALLEBI shall be entitled to call for all such transaction details, as it deems fit.

– WALLEBI shall not be liable for either taking such action to suspend or terminate such accounts, or for any inaction on its part, in the event a suspicious transaction is undertaken with respect to a User Account.

– User shall not be entitled to request or claim any reversal of transactions that have been confirmed by the User, as cryptocurrency transactions cannot be reversed.

– User shall ensure that they do not wilfully or erroneously interfere or tamper with, or alter in any unauthorized manner, the WALLEBI. Any loss or deletion of cryptocurrencies on account of such unauthorized use is permanent and cannot be reversed.

– WALLEBI shall not be responsible or liable for any Loss caused due to such tampering, interference or use. Before making any direct transfers or sale of cryptocurrencies to another User on the WALLEBI: o User shall carefully verify the particulars of such transaction, including the sum and quantum of cryptocurrency involved, and the recipient. Any errors in any transaction entered into on the WALLEBI is irreversible, and User will not be able to retrieve such cryptocurrencies once they are transferred.

o WALLEBI shall not be responsible for effecting any such reversals and will not be liable for any Loss arising from any error, omission, misapprehension or misconception on the part of the User.

– User shall not invest in cryptocurrencies under any assumption of high earnings or profits. Cryptocurrencies being digital assets issued by private entrepreneurs are subject to market risks and volatile pricing, which may even render them worthless. Users are therefore cautioned of the inherent risks involved in procuring cryptocurrencies.

– In the event that any transfers of cryptocurrencies are erroneously credited to the User Account, the User is bound to report the same and to arrange to refund or transfer it to WALLEBI or to the rightful owner, as confirmed by WALLEBI. Failure to do so would amount to a material breach and in addition to remedies available through court processes; WALLEBI shall be entitled to block such

Cryptocurrency lying in the User Account and debit the same for remedying the erroneous transfer.

The above requirements are mandatory to ensure security of the User accounts and to ensure authenticity of the same. Failure to comply with any of the above shall amount to a material breach, which may result in suspension, cancellation and/or termination of the User account and WALLEBI shall be entitled to claim compensation for any Loss due to such material breach by a User.

 

  • USER RIGHTS

– Subject to compliance of the above User Guidelines, User is entitled to the benefits of the WALLEBI services.

– WALLEBI shall take all measures to ensure rendering of its services to User. WALLEBI shall however not be responsible or liable for disruption or cessation of WALLEBI services due either to Regulatory, Governmental or Judicial actions or technical issues or due to circumstances beyond their control.

– Users shall bear all liabilities towards taxes, as applicable.

 

  • REPRESENTATIONS AND WARRANTIES

– User understands that WALLEBI is not the creator or developer of any cryptocurrency. WALLEBI has no control over the generation, issuance, recording, verification or storage of any cryptocurrency, the maintenance of any ledger entries with respect to any cryptocurrencies, or any operations with respect to the blockchain for any cryptocurrency.

– WALLEBI cannot be held responsible or liable for the fluctuation or volatility of the price of any cryptocurrency, and does not have any control over the price fluctuations in any cryptocurrency.

– WALLEBI does not provide any advisory services with respect to any investment, including any potential investment in any cryptocurrency, and does not guarantee any returns or profits on such investment. WALLEBI does not extend any warranties with respect to any of the products or cryptocurrencies which are made available by Users on the WALLEBI.

– User hereby confirms that it has not been canvassed, solicited or encouraged by WALLEBI to invest in any cryptocurrency, or to otherwise avail of the WALLEBI services, in any manner whatsoever, and that User has arrived at an independent decision to avail of the WALLEBI services of their own volition.

– User has reviewed and understood the following, and has decided to engage in cryptocurrency transactions and to avail of the WALLEBI services in full knowledge of the policies.

 

CRYPTOCURRENCY

– Cryptocurrencies like “Bitcoins” are merely software, as reflected in the relevant blockchain and in the public addresses of Users that creates a digital asset, which is not regulated by any central authority and has no independent existence.

– The price or value of such cryptocurrency is not set or regulated by any central or governmental authorities.

– Cryptocurrencies such as Bitcoins do not even have an identified creator.

– WALLEBI only offers to users for rendering the WALLEBI services set out herein, and performs only the role of an intermediary.

– WALLEBI does not advise on the purchase or sale of any cryptocurrencies, does not guarantee returns from any investment or transactions, and does not itself buy or sell any of the cryptocurrencies that are made available for purchase or sale by Users on the WALLEBI.

– Users are cautioned against speculative investments in cryptocurrencies, in the light of the above and are directed to avail these services, including purchase or sale of cryptocurrencies or investing therein, upon fully understanding the technology that has created cryptocurrencies and subject to the risks that arise from such an unregulated asset, which only exists in digital form.

 

RISK FACTORS

– Cryptocurrencies being a digital asset are subject to loss, harm or damage arising due to unforeseen circumstances inadvertent errors, offensive attacks, or closure of business.

– These risks set out herein above include possibility of either servers on which cryptocurrencies are hosted going out of service; or the WALLEBI servers becoming dysfunctional; disruption of services; inadvertent deletion of an asset class; offensive attacks including through hacking, virus, denial of service, or technology induced attacks on either the infrastructure hosting the cryptocurrencies or on the user’s personal devices.

– Cryptocurrencies also run the risk of destruction through unforeseen circumstances i.e., technology induced or other forms of disruptions, which have not come to the fore till date.

– Some Cryptocurrencies such as Bitcoin is autonomous and largely unregulated worldwide system of value transfer between individuals. It is not backed by any government or central bank backed currencies.

– There is also the risk of loss of confidence in cryptocurrency trading, which could collapse demand relative to supply. Confidence might collapse in cryptocurrencies because of unexpected changes

imposed by the software developers, the creation of superior competing alternatives, a deflationary or inflationary spiral, or due to governmental actions. Confidence might also collapse because of technical problems, for instance, if the anonymity of the system is compromised, or if any entity is able to prevent any transactions from settling.

– Trading in cryptocurrencies requires some effort on the part of the User to ensure that his / her privacy is maintained. Cryptocurrency transactions are stored publicly and permanently on the network. This means that a User’s balance and transactions is viewable by the public.

– However, the identity of the user behind a cryptocurrency address remains unknown until information is revealed during a purchase or in other circumstances.

– Users have to therefore full care and precautions to adopt good practices in order to protect their own privacy. Additionally, all Users must also be cautious and aware of the following:

o User should carefully assess whether their financial situation and tolerance for risk is suitable for buying, selling or trading cryptocurrencies.

o WALLEBI uses banking service providers only for the receipt of client money and making payments as applicable. The said banking service providers do not transfer cryptocurrencies, exchange cryptocurrencies, or provide any services in connection with cryptocurrencies.

o WALLEBI does not entertain Refund and Cancellation in any circumstances.

o WALLEBI does not store, send or receive cryptocurrencies. Crypto currencies exist only by virtue of the ownership record maintained in the blockchain network.

o Any transfer of title in cryptocurrencies occurs within a decentralized nodal network, and not on the WALLEBI.

 

SECURITY

– WALLEBI has taken all reasonable efforts to secure its infrastructure. WALLEBI however has no control over the infrastructure in which cryptocurrencies are hosted outside of its own network or over the personal devices of users.

– Cryptocurrencies being a digital asset are subject to known and unknown risks, malicious attacks and inadvertent losses. Such digital assets require very high security measures to be undertaken for protection at all levels, including by the User.

 

PRICE

– Cryptocurrencies are subject to high volatility and price fluctuations. Market forces decide the value of such digital assets and WALLEBI cannot be held responsible or liable for price fluctuations or volatility of any Cryptocurrency.

– Here is no guarantee of assured profits to Users from procuring or trading in cryptocurrencies and there is high possibility of heavy losses including the depletion of the entire valuation of cryptocurrencies; there is no guarantee of liquidity of such forms of digital assets.

– Cryptocurrencies being decentralized with no governmental or regulatory control are high risk investments and users are cautioned against indulging in speculative trading.

 

LEGAL

– Engaging in transaction including buying, selling, receiving, sending, retaining cryptocurrencies are subject to local laws of each jurisdiction. Some of countries currently has no regulatory regime in place for cryptocurrencies, and there is a risk that cryptocurrencies will be subject to regulation (or even an outright ban) from one or more of regulatory authorities with respect to fiscal operations, securities, etc.

– Various regulatory authorities are currently discussing and considering regulatory changes, which may be introduced in the near future and may adversely affect the legality and enforceability of transactions involving cryptocurrencies.

 

IRREVERSIBLE ERRORS

– Most cryptocurrency transactions are irreversible.

– Users are cautioned that erroneous or inadvertent transfers of any cryptocurrencies (or other cryptocurrencies) cannot be reversed irrespective of the reasons for such error. This is applicable for both direct transfers by User of any cryptocurrencies to other cryptocurrency users or through the WALLEBI services. This is so even if the transfer is to another WALLEBI User.

– User may therefore exercise due care and caution before completing any transaction of cryptocurrencies. WALLEBI shall not be responsible or liable for any loss arising from any such transactions by Users.

 

PRIVACY

– WALLEBI does not guarantee the privacy of User details or transactions.

– Whilst WALLEBI takes all care and caution to ensure protection of User information, when called upon, WALLEBI is mandated to and shall provide details to government or regulatory authorities.

– Users are therefore cautioned against using any circumventing or obfuscating methods to hide their personal details including IP address and from providing any incorrect or misleading or false details or documents.

– WALLEBI takes best efforts to provide uninterrupted services to its customers but it shall not be responsible or liable for disruptions or cessation of WALLEBI services beyond the control of WALLEBI.

– WALLEBI does not give any guarantee for uninterrupted access or against any delay, failure, errors, omissions or loss of transmitted information.

– WALLEBI may suspend use of WALLEBI App and Services for maintenance and will take best efforts to give reasonable notice. However, in cases of emergency such prior notice may not be feasible and absence of such notice shall not amount to deficiencies of any nature, which User is hereby required to acknowledge.

– If WALLEBI is required to cease its operations, or to cease to offer any part of the WALLEBI services, in the event of any change in applicable Law, WALLEBI shall not be liable for any such cessation or suspension in any manner whatsoever.

– WALLEBI does not provide any investment advice in connection with or related to cryptocurrencies. Any data or details including of the value, range, volatility of any cryptocurrencies, and events that may affect/have affected the value of any cryptocurrencies, is for information purposes only. User shall not rely on the same either as advice or inducement to invest in cryptocurrencies. WALLEBI will not be liable for any Loss suffered by User in connection with any transaction involving any cryptocurrencies.

 

WALLEBI COVENANTS

– Subject to compliance by the User of the User Guidelines and the terms contained herein, WALLEBI covenants to comply with the following: o WALLEBI shall continue to render its services to the User subject to applicable law and regulations.

o WALLEBI shall take all reasonable security practices to ensure the safety of its infrastructure.

o WALLEBI shall ensure compliance with requisite laws and regulations.

o WALLEBI shall take best efforts to secure the rights of the User including the cryptocurrencies in the User accounts.

 

LIMITATION OF LIABILITY AND INDEMNITY

– You agree to indemnify and hold harmless WALLEBI, its affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of your breach or our enforcement of this Agreement. This shall also apply to your violation of any applicable law, regulation, or rights of any third party during your use of the WALLEBI Service

– WALLEBI shall not be liable for any Loss caused to the User due to discontinuation of any cryptocurrency that is being offered through the WALLEBI services.

– WALLEBI shall not be liable for any disruption of service, whereby the User is denied access to their cryptocurrencies, including those stored on the User Account.

– WALLEBI shall not be liable for any Loss caused to the User through loss of any cryptocurrency stored on the User’s account for any reason whatsoever, save and except due to a wilful and malicious commission or omission by WALLEBI directly resulting in such loss.

– WALLEBI shall not be liable for any discontinuation, alteration, suspension or termination of any part of the WALLEBI services caused or occasioned any Force Majeure event (as defined below) or any change in applicable Law with respect to cryptocurrencies.

– WALLEBI shall not be liable for any Loss caused to User due to fluctuations in the price of cryptocurrencies. WALLEBI does not guarantee profits from sale or purchase or transfers of cryptocurrencies.

– WALLEBI shall not be liable for any Loss caused to User for suspension, cancellation or termination of a User Account, including on account of a violation by such User violations of any of the terms of this Agreement, the Privacy Policy or any applicable Law.

– User agrees that WALLEBI will not be liable to User or to any third party for termination of the User Account or for restricting access to the WALLEBI services, which shall be at the sole discretion of WALLEBI.

– User shall not be entitled to any damages for any reason whatsoever including for consequential or compensatory damages against WALLEBI for any reasons including suspension, cancellation or termination of the User Account or for cessation of WALLEBI services.

– The User shall only be entitled to refund / recovery of the cryptocurrencies credited to the User Account, subject to deductions towards dues owed to WALLEBI and other legal, regulatory or statutory

dues or those stipulated under applicable Law, and to the permissibility of such refund or recovery under applicable Law.

– In the event that any cryptocurrencies lying in any User Account are seized, or WALLEBI is unable to access or return the same to User, WALLEBI shall not be held liable or responsible for the same.

– User is cautioned to avail of the WALLEBI services subject to the above risk. At no point of time will WALLEBI, its directors, shareholders, employees, representatives, officers, affiliates or assigns be held liable for any Claims whatsoever for cessation of services or termination of any part of the WALLEBI services or any disruption with respect to access to any User Accounts. All Claims shall be limited to the cryptocurrencies lying in the relevant User Account, subject to the above mentioned conditions.

– the maximum cumulative liability of WALLEBI in any event, for any claim, damages, tort shall be limited to the cryptocurrencies actually received from the user, as consideration or fees for the services rendered by WALLEBI in relation to the applicable transaction to which the claim relates. If the claim does not relate to any transaction in particular, then WALLEBI’s maximum cumulative liability shall be limited to the cryptocurrencies actually received from the user, as consideration or fees for the services rendered by WALLEBI in relation to the two transactions immediately preceding the date on which the claim is made by the user.

 

FORCE MAJEURE

– WALLEBI services are offered only on the digital domain, which is subject to risks including offensive attacks. WALLEBI shall not be liable for any Loss caused to the User’s account or the monies or cryptocurrencies accrued therein if the same arises due to any Force Majeure event, including commissions or omissions by third parties, forces of nature, offensive attacks on WALLEBI servers or on the personal devices of the users, changes in applicable Law, or any Loss caused by conditions or events beyond the reasonable control of WALLEBI.

– The above limitation on liability includes any Force Majeure event set out hereunder including acts of god; fire, act of terrorists, act of civil or military authorities, civil disturbance, war, strike or other labor dispute, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond reasonable control of WALLEBI; offensive attacks including virus attack, hacking, denial of service attack or theft of the personal devices of the User resulting in Loss to the account.

– WALLEBI shall not be liable for any Loss caused to User due to a data breach of confidential information of the User, including of the User account details or User password, including when such breach has

occurred due to the User sharing such details with third parties or due to the User’s failure to follow reasonable due diligence. WALLEBI shall also not be liable or responsible for any disclosure by User of any User Account details, including on account of a phishing attack or other third-party disruption.

– “Force Majeure” shall mean and include any cause arising from or attributable to acts, or events, beyond the reasonable control of WALLEBI, including natural calamity, strikes, terrorist action or threat, civil commotion, riot, crowd disorder, invasion, war, threat of or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural disaster, calamity, attacks including through computer viruses, hacking, denial of service attacks, ransomware or other manmade disruptions or any law, order enactment, statutory direction, legislation, regulation, rule or ruling of government or any court of law or of a Government or regulatory authority.

 

INTELLECTUAL PROPERTY RIGHTS (“IPR”)

– Unless otherwise specified, all materials on WALLEBI and Services are the property of WALLEBI and are protected under copyright, trademark and other applicable laws.

– Users may view, print, and/or download a copy of such Materials on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices.

– The trademarks, service marks and logos of WALLEBI and others used in WALLEBI and Services (“Trademarks”) are the property of WALLEBI and their respective owners.

– The software, text, images, graphics, data, prices, trades, charts, graphs, video, and audio used on this WALLEBI belong to WALLEBI.

– User or visitor to our WALLEBI or any persons using or viewing our are strictly prohibited from copying, reproducing, publishing, republishing, circulating, modifying, uploading, transmitting, collecting and / or distributing the trademarks and materials of WALLEBI in any form or by any means, whether manual or automated.

– Any unauthorized use of such property will be in direct violation of copyright, trademark, and other applicable laws and will result in criminal and / or civil legal actions and penalties.

– Users shall not reverse engineer or disassemble any aspects of the WALLEBI or WALLEBI services, for any reason whatsoever. Any such action shall amount to violation of the WALLEBI IPR in and to such software.

– WALLEBI services includes third party IP including the software used for creating or distributing Cryptocurrencies. WALLEBI does not own any rights to such third-party IP and is bound by the license terms for such IP. Users shall also be bound by the license terms and shall violate any third-party IP that resides on or is accessible through the WALLEBI services.

 

PRIVACY

– User data furnished to WALLEBI shall be subject to the terms of the Privacy Policy of WALLEBI, as periodically revised or amended. User is deemed to have consented to the Privacy Policy, by accepting these terms.

– User hereby consents to the collection, storage, use, sharing and disclosure of User’s personal and sensitive personal information, as per the terms of the Privacy Policy. In the event that the User wishes to retract the consent herein furnished the User may do so by following the process prescribed for terminating this agreement. Consent to the terms herein and those set out in the Privacy Policy are mandatory preconditions for continued use of the WALLEBI services.

 

CONFIDENTIALITY

– User recognizes that WALLEBI will be given and have access to confidential including sensitive personal information of the User. User hereby agrees and consents to use by WALLEBI of such confidential data and information for their commercial use.

– WALLEBI shall take best efforts to keep such information confidential and not to disclose to any third parties except in the course of its business or for marketing, analytical and for processing of such data. This limitation shall however not apply to : o Data already in the public domain.

o Furnishing of data in pursuance of a request from a legal or regulatory authority or order from a Court.

– The provisions of this clause shall survive the termination of this Agreement.

 

COMPLAINTS

– Users may submit their complaints to WALLEBI in the form available at WALLEBI.com. Such complaints may be either with respect to WALLEBI LTD. or any problems faced by Users in connection with their accounts with WALLEBI. WALLEBI shall revert, as soon as possible to such complaints.

– WALLEBI will not be able to resolve the following complaints, or provide any of the following remedies to any User: o Reversal of wrongful or erroneous transfers of Cryptocurrencies.

o Reversal of transfers from User Accounts due to any of the risk factors set out above, including on account of hacking, virus attacks, denial of service attacks, ransomware, phishing attacks or other data breaches, as well as any fluctuations in the price of cryptocurrencies or any volatility thereof, or on account of any change in applicable Law.

o Disruption or cessation of services by any cryptocurrency creator, developer, distributor, miner, server operator or other network participants; or

o Any technical problems caused to the User due to reasons beyond the control of WALLEBI.

 

TERM & TERMINATION

User and WALLEBI agree and confirm the following terms for continuation, suspension, cancellation or termination of this agreement. This Agreement shall come into effect upon confirmation of the terms by the User herein and subsist till termination of the same upon any of the reasons set out hereunder (“Term”).

– You agree that WALLEBI have the right to immediately suspend your account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the funds in all such accounts, and suspend your access to WALLEBI if we suspect any such accounts to be in violation of the Terms of Service, Privacy Policy, AML/CTF acts or any applicable laws & regulations. WALLEBI shall have the right to keep and use the transaction data or other information related to such accounts. The above account controls may also be applied in the following cases: o The account is subject to a governmental proceeding, criminal investigation or other pending litigation.

o Risk monitoring and reporting.

o We detect unusual activity or access of the account.

o If required to do so by a court order or command by a regulatory/government authority.

– In case of any of the following events, WALLEBI 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 WALLEBI and withdraw the corresponding WALLEBI account thereof: o After WALLEBI terminates services to you.

o You allegedly register or register in any other person’s name as WALLEBI user again, directly or indirectly.

o 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 WALLEBI of your unwillingness to accept the amended service agreement.

– Any other circumstances where WALLEBI deems it should terminate the services.

– If the account be terminated, the account & transactional information required for meeting data retention standards will be securely stored for five years. In addition, if a transaction is unfinished during the account termination process, WALLEBI shall have the right to notify your counterparty of the situation at that time.

 

CONSEQUENCES OF TERMINATION

– Remaining funds after account termination (normal):

Once the account is closed/withdrawn, all remaining balance (which includes charges and liabilities owed to WALLEBI) on the account will be payable at once by WALLEBI.

Upon payment of all outstanding charges to WALLEBI (if any), the user will communicated no of working days to withdraw all funds from the account.

– Remaining funds after account termination (fraud/AML/violation of terms):

WALLEBI maintains full custody of the funds and user data/information which may be turned over to the authorities in event of account suspension/closure arising from fraud investigations, AML investigations or violation of WALLEBI’s Terms (eg. trading on WALLEBI from a sanctioned country).

 

NOTICES

– Any notice or other communication provided for in this Agreement shall be sent only through electronic mail. User hereby agrees to receive electronic or any other form of communication and notifications from WALLEBI.

– Email messages sent over the Internet are not always secure and WALLEBI is not responsible or liable for non – receipt of such communication by User.

– Once the email is dispatched by WALLEBI, it shall be deemed to have been served on the User. WALLEBI shall be deemed to have received communications from the User only upon actual receipt into the Inbox of the account of the person to whom such communication is addressed and acknowledged.

– WALLEBI shall not be liable or responsible for non – receipt of communications or for any damages incurred by the result of sending email messages over the Internet.

– All communications to WALLEBI shall be at: WALLEBI.com. WALLEBI shall ensure that any change or modification to the same is uploaded on the WALLEBI legal communication media.

– All communications to User shall be at the electronic mail address provided by User, as part of the KYC norms or via in – App messages or SMS to the User’s registered mobile number. User shall ensure that any change in the electronic mail address or communication option is duly intimated to WALLEBI.

– By registering yourself on WALLEBI app, you hereby authorize us, our affiliate and our authorized partners to contact you via email/ SMS, Calls, In-App messages or any other form of communication and notifications in respect of our services. Your acceptance to the above shall waive any right of yours that you may have obtained through your registration under DND, DNC, NCPR services or any such similar registrations

– ACCURACY / RELIABILITY OF / LIABILITY FOR INFORMATION PUBLISHED ON WALLEBI does not provide any investment advice in connection with WALLEBI LTD., contemplated by these Terms of Use. While WALLEBI may provide information on the value, range, volatility of cryptocurrencies, and events that may affect/have affected the value of cryptocurrencies, this is not considered investment advice and should not be construed as such. WALLEBI will not be liable for any Loss suffered by User in connection with any transaction involving cryptocurrencies.

 

GOVERNING LAW & JURISDICTION

– This Agreement shall be governed by and construed in accordance with the laws of Estonia.

– The parties agree to irrevocably submit to the exclusive jurisdiction of the courts in Estonia for the resolution of any disputes arising from this Agreement or in connection therewith or pursuant thereto.

 

ASSIGNMENT

This Agreement or any rights or obligations hereunder shall not be assigned by the Service Provider to any third party without the prior written consent of the Customer. The Customer may assign all or any of his rights without prior intimation or approval of the Service Provider to any third Party.

 

SUCCESSORS

This Agreement shall bind and inure to the benefit of the parties, and their respective successors and permitted assigns.

 

SEVERABILITY

The invalidity or unenforceability of any provision of this Agreement shall not in any way affect, impair or render unenforceable this Agreement or any other provision contained herein, which shall remain in full force and effect. This Agreement shall be considered divisible as to such provision, which is deemed to be invalid or unenforceable and the remainder of this Agreement shall be enforceable and binding on the Parties.

 

WAIVER

No provision of this Agreement may be waived or changed except by a writing signed by the party against whom such waiver is sought to be enforced. The failure or omission by either party at any time to enforce or require strict or timely compliance to any provision of this Agreement shall not affect or impair that provision or any other provision in any way or the rights of such party hereof, to avail itself of the remedies it may have in respect of any subsequent breach of that or any other provision.

 

RECITALS

The Recitals, Schedules and Annexures in this Agreement shall form part of this Agreement and the contents thereof shall be read into this Agreement. Headings are for the purpose of easy reference and shall not affect the meaning or interpretation of this Agreement.

 

ENTIRETY

This Agreement, and the other agreements contemplated hereby, constitute the entire agreement.

 

TAXES

– User shall be solely responsible and liable for ensuring payment of all applicable taxes arising due to or pursuant to execution of these terms or availing of WALLEBI services.

– WALLEBI shall not be responsible for either determining the tax liability of the User or for collecting, reporting or remitting any taxes arising from any transaction undertaken on the WALLEBI.

– The above is subject to any changes to the statutory or regulatory process under applicable Law.

 

RELATIONSHIP

None of the provisions of this Agreement shall be deemed to constitute a partnership between the parties hereto and no party shall have any authority to bind or shall be deemed to be the agent of the other(s) in any way. User shall not misrepresent or mislead or induce any person to avail of WALLEBI LTD., or to invest in any cryptocurrency.

 

GOVERNMENT APPROVALS

This Agreement is subject to confirmation by the Government of applicable jurisdiction of the legality of dealing in Cryptocurrencies, and in the event that the any Government were to hold such dealing to be invalid or illegal, this Agreement shall stand automatically terminated without further notice to User. WALLEBI has provided full disclosure of the current Government and regulatory status with respect to Cryptocurrencies under this

Agreement, and the risk involved in dealing with or investing in the same. User is deemed to have understood, agreed to and accepted the risk and costs of such investment.

 

MODIFICATIONS

These terms may be periodically reviewed and revised. The revised draft will be uploaded on the WALLEBI and will reflect the modified date of the terms. User is required to periodically visit it and review terms and any changes thereto.

Continued use of the WALLEBI LTD., constitutes agreement of User to the terms contained herein and any amendments thereto.

 

DEFINITIONS

“Bitcoin” refers to a type of cryptocurrency, whose creator is identified only as “Satoshi Nakamoto” and which is created using open source software. Bitcoin is not issued by any centralized authority or Government but uses “peer-to-peer technology” to operate, manage transactions and ensure authenticity (for more information on Bitcoins, please refer to http://www.bitcoin.org).

“Claims” includes any and all charges, complaints, actions, agreements, amounts, damages, claims, liabilities, promises, controversies, damages, or causes of action, litigation, suits, rights, demands, costs, losses, debts, interest, indemnities, fines, penalties, and expenses (including attorneys’ consultants’, and statutory fees and costs incurred), and obligations of any nature or description whatsoever, past, present, or future, under applicable Law, contract, or in equity, known or unknown, suspected or unsuspected, existing or prospective, irrespective of whether the concerned Party proposes to appeal/challenge such claims.

“Cryptocurrency”, means virtual currencies, which are open instruments usable on any online and which may be acquired or disposed of only as a digital transaction.

“Laws” means and includes

– all applicable provisions of all constitutions, treaties, statutes, laws (including common law), codes, rules, regulations, ordinances, bye-laws or orders of, or any similar form of decision, interpretation or policy of, or determination by, any governmental or similar authority

– Governmental approvals, consents, licenses, registrations, etc., and

– Orders, decision, injunctions, judgments, awards and decrees of or agreements with any governmental or similar authority.

“Loss” means includes all losses, Claims, demands, liabilities, obligations, fines, expenses, costs (including litigation costs and costs of remedying any default or damage caused), and damages (whether or not resulting from third party Claims), taxes, including interests and penalties with respect thereto and expenses, including reasonable attorneys’, consultants’, and accountants’ fees and disbursements.

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