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Terms of Use
This Terms of Use Agreement (this “Agreement”) govern your access to and use of the platform as made available through the interface/screen available on the widget/application/website/ platform/mobile application called ‘TetherX’ (collectively the “Platform”) managed and operated by KUGABANA LLP, a company incorporated under the Companies Act 2013 on Indian company law (hereinafter referred as “Us” / “We”/ “TetherX”) for general browsing or availing any Services available on the Platform.
As a user (“User”/ “You” which shall mean and include any natural person who has registered, agreed to use or has accessed or is visiting the Platform), You understand that tetherX through the Platform facilitates the interaction between its Users to buy and sell cryptocurrencies (hereinafter referred to as “Digital Assets” or “Crypto” or “Crypto Assets” or “Coins” or “Tokens” or “Virtual Currency” or “Virtual Digital Asset” or “VDA”) on the Platform.
Please read this Agreement carefully before accessing or using the services of tetherX or any part thereof. By accessing or using any part of the Platform, You agree to be bound by this Agreement. If You do not agree to all parts of this Agreement, then YOU MAY NOT ACCESS THE PLATFORM OR USE ANY SERVICES PROVIDED BY TETHERX THROUGH THE PLATFORM.
“IMPORTANT DISCLAIMER: CRYPTOCURRENCY IS NOT A LEGAL TENDER AND IS CURRENTLY UNREGULATED IN INDIA. KINDLY ENSURE THAT YOU UNDERTAKE SUFFICIENT RISK ASSESSMENT WHEN TRADING CRYPTOCURRENCIES AS THEY ARE OFTEN SUBJECT TO HIGH PRICE VOLATILITY. THE INFORMATION PROVIDED IN THIS SECTION DOESN'T REPRESENT ANY INVESTMENT ADVICE OR TETHERX’S OFFICIAL POSITION. TETHERX RESERVES THE RIGHT IN ITS SOLE DISCRETION TO AMEND OR CHANGE THIS BLOG POST AT ANY TIME AND FOR ANY REASONS WITHOUT PRIOR NOTICE. BY MAKING USE OF TETHERX SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF DIGITAL ASSETS (2) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF TETHERX SERVICES AND TRANSACTIONS OF DIGITAL ASSETS (3) YOU HAVE ENSURED THE REGULATIONS IN YOUR LOCAL JURISDICTION AND THE LEGALITY OF THE SAME BEFORE ONBOARDING ON THE TETHERX PLATFORM AND (4) TETHERX SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.”
This Agreement forms a legal and binding agreement between You and tetherX. As long as You comply with this Agreement, We grant You a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited privilege to access and use the Platform and our services as per this Agreement. By accepting this Agreement, You also accept and agree to be bound by policies of tetherX including but not limited to Privacy Policy and AML Policy (to be incorporated in future) as amended from time to time which form a part of this Agreement by reference.
General
You represent and warrant that You:
are at least 18 (eighteen) years old;
are competent to form a binding contract;
have not previously been suspended or your use of the Platform or any part thereof has not been restricted due to any breach or perceived breach by tetherX.
are not currently the subject of any Sanctions, or located, organized or resident in a Designated Jurisdiction.
You have complied in all material respects with all applicable laws relating to Sanctions, anti-terrorism, anti-corruption and anti-money laundering.
For the purpose of this Agreement, “Sanction(s)” means any international economic sanction administered or enforced by the United States Government (including OFAC), the United Nations Security Council, the European Union or other relevant sanctions authority; and “Designated Jurisdiction” means any country or territory to the extent that such country or territory itself is the subject of any Sanction.
You are permitted to display the materials on this Platform on a computer screen and/or mobile screen and, save for restricted access documents, to download and print a hard copy for your personal use, provided You do not alter or remove any of the content which may include text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content provided by tetherX (“Content”) without our express permission to do so and that You do not change or delete any copyright, trademark or other proprietary notices. The Platform including all materials on it, or provided to You, through it are protected by copyright, trademark and other intellectual property rights and laws throughout the world and are owned by, or are licensed to tetherX.
Nothing contained in this Agreement shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User. In no event shall tetherX be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the services offered on the Platform. All Content on the Platform is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.
TetherX reserves the right, at its sole discretion, to change, modify, add or remove portions of this Agreement, at any time without any prior written notice to the User. It is the User’s responsibility to review this Agreement periodically for any updates/ changes. User’s continued use of the Platform following the modification of this Agreement will imply the acceptance by the User of the modification.
User agrees and consents to be contacted by tetherX (or its agents, representatives and business partners) through phone calls, SMS notifications, email or any other means of communication, in respect to the Services or the Platform provided by tetherX even if contact number(s) provided to tetherX are on Do Not Call Registry.
You agree that tetherX may disclose your personal and account information if tetherX believes that it is reasonably necessary to comply with a law, regulation, legal process, or governmental request. For more details, please refer to Our Privacy Policy.
Platform services
The Platform is an online Crypto Asset (cryptographically secured digital representation of value or contractual rights that uses distributed ledger technology and can be transferred, stored or traded electronically using the Platform) platform that currently provides a Crypto Asset gateway operator service to purchase and deliver Crypto Asset with fiat currency to its users wallet without taking any custody, thereby known as tetherX services.
TetherX is not a creator of any Crypto Asset. tetherX may, acting on the specific instructions of the User, execute orders with the Crypto Asset Custody service providers. You hereby authorize tetherX to act on your instructions (which are essentially electronic in nature) to purchase Crypto Asset at a declared price on your behalf and deliver the same to your instructed/ designated wallet.
You hereby acknowledge and agree that tetherX is not a financial institution, bank, credit union, trust, hedge fund, broker or investment or financial advisor, and is not subject to the laws, regulations, directives or requirements applicable to such persons. You acknowledge and agree that no oral or written information or advice provided by tetherX, its officers, directors, employees, or agents, nor any information obtained through the Platform or otherwise from tetherX, will or shall constitute trading, investment or financial advice regarding the trading of cryptocurrencies, including the suitability and appropriateness of, and investment strategies for cryptocurrencies. You are solely and exclusively responsible for all trading and investment decisions made by you while using the Platform.
You also acknowledge and agree that your ability to use the Platform may be detrimentally impacted by regulatory action or changes in regulations applicable to cryptocurrency or the business of the Platform. tetherX shall not be responsible for any loss suffered by User due to discontinuance of the Services, or any part thereof, available on Platform as a result of regulatory action or changes in regulations applicable to cryptocurrency or otherwise.
TetherX only acts as a service provider, facilitator of User transactions, and a technology provider. In case of any technical or manual error including but not limited to downtime, order not being fulfilled and /or unavailability of the Platform, tetherX will take reasonable steps of correction to restore the Platform. If such correction creates a liability on You or You suffer any losses or damages, You will be required to incur that liability, loss or damages. TetherX hereby disclaims liability for any such error or correction thereof, and no recourse may be had by User against tetherX for any such error or correction.
You acknowledge and agree that tetherX may correct, reverse or cancel, in its sole discretion, any order, trade, transfer, or other transaction or activity with respect to which tetherX has discovered that there was an error or abnormality, whether such error or abnormality was caused by You, tetherX or a third party or due to technical issues, system issues, software failure or otherwise. TetherX provides no guarantee or warranty that any such attempt will be successful and will have no responsibility or liability for such error(s) or any correction attempt(s).
Fees
The Fee chargeable by the platform will be displayed by the platform at the time of processing a transaction by the user and the execution of the transaction will happen only after the user agrees to the same.
TDS
As owners of the Digital Assets purchased from our platform, you are responsible to submit any/all taxes applicable to your Digital Assets in connection with the use of the Online Platforms and/or the Services to the appropriate tax authority under applicable laws. In the event we are required to make any tax deductions we will carry out the same as per applicable law.
TDS, or Tax Deducted at Source for Virtual Digital Assets (VDA) was introduced in a new section of the Finance Bill of 2022, called 194S in the Income-Tax Act, 1961. It mentions levying a 1% TDS on any consideration paid for the transfer of Virtual Digital Assets.
In other words, when you buy USDT on tetherX, we will withhold 1% of the transaction value as TDS, which is then paid to the Government.
Note: As per Section 206AB of the Income-Tax Act, 1961, if the user has not filed their Income Tax Return in the last 2 years and the amount of TDS is ₹50,000 or more in each of these two previous years, then the TDS to be deducted (for Crypto-related transactions) will be at 5%.
Prohibited Activities
You agree not to:
copy, reproduce, store (in any medium or format), distribute, transmit, modify, create derivate works from all or any part of the Content or the Platform or the materials or software on it, or provided to you through it without our prior written consent (which may be given or withheld in tetherX’s absolute discretion);
use the Platform or any of the Content on it, or provided to you through it, for:
any unlawful purpose or in contravention of applicable law;
commercial exploitation without our prior written consent; and
any purpose or in any manner that may give a false or misleading impression of Us, our staff or our Services.
establish a link to the Content or the Platform from any other website, intranet or extranet site without our prior written consent.
decompile, disassemble or reverse engineer (or attempt to do any of them) any of the Content provided on or through the Platform.
do anything that may interfere with or disrupt the Platform.
publicly criticize, disparage, call into disrepute, or otherwise defame or slander the Platform or tetherX and any of its officers, directors, members or employees.
encourage or permit others to do any of the above.
In addition to what is already provided in the Agreement, You represent and warrant that You shall not post, display, upload, modify, publish, transmit, update or share any information that:
belongs to another person and to which the User does not have any right.
Is defamatory, obscene, pornographic, paedophilic, invasive of another person’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force.
is harmful to children.
infringes intellectual property rights.
violates any law for the time being in force.
deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact.
impersonates another person.
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
threatens the unity, integrity, defence, security or sovereignty of any nation, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
spreads false and inaccurate information.
is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
disrupts the Services or in any way attempts to solicit users towards the services of a competitor.
may interfere with the proper operation of this Platform or tetherX’s systems in any manner.
In the event that You do not comply with the above restrictions or tetherX has reasons to believe that You have indulged in any of the activities specified above, tetherX retains the right to immediately suspend or terminate your Account and access to the Platform, and take legal action against You, including without limitation, initiation of proceedings for claims against You for any losses and costs (including legal costs) tetherX may suffer as a result of your actions and reporting You to law enforcement authorities without providing any notice of You about any such report and confiscating any balance remaining in your Account which has been terminated. You shall further solely be liable for any claim brought against You by any other User affected by your actions.
Monitoring of the Platform and User Accounts
TetherX always has the right and liberty to monitor the Content of the Platform or any part thereof which shall include information provided in your Account. The monitoring of the Platform is important to determine the veracity of the information provided by You and to ensure that every User remains compliant with this Agreement.
Suspension of Access
TetherX may stop providing one or more Services through the Platform and may terminate access to or use of the Platform at any time without giving notice of termination to You. Unless tetherX informs the User otherwise, upon any termination, (a) the rights and licenses granted to You under this Agreement will terminate forthwith; (b) your Account shall be suspended; and (c) You must stop using the Platform or any part thereof forthwith. TetherX reserves the right to suspend or cease providing the Platform and shall have no liability or responsibility to the User in any manner whatsoever, except as prescribed under applicable law.
Third Party Materials and Services
The Platform may provide You links to third party services (“Third Party Services”) and may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”). You acknowledge and agree that tetherX is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or Third-Party Services. TETHERX DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD-PARTY SERVICES, THIRD PARTY MATERIALS OR WEBSITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES.
Risks, Limitation of Liability and Disclaimer of Warranties
TetherX acts as a Service provider by creating, hosting, maintaining and providing our Services to you via the Internet. We cannot ensure that a buyer or a seller you are dealing with will actually complete the Virtual Currency Transaction and all risk of a Virtual Currency Transaction remains with you. We do not guarantee continuous, uninterrupted or secure access to our Services or the tetherX platform and we make no representations or warranties regarding the amount of time needed to complete Virtual Currency Transaction processing which is dependent upon many factors outside of our control. Access to Services may become degraded or unavailable during times of significant volatility or volume.
Underlying Protocols - We do not own, control, operate or maintain the underlying software protocols which govern the operation of the virtual currencies supported by us. In general, the underlying protocols are open source software and anyone can use, copy, modify, and distribute them. By using our Services, you acknowledge, agree and accept the risk (i) that we are not responsible for the operation of the underlying protocols and any changes to such protocols and we make no guarantee of their security, functionality or availability; and (ii) that the underlying protocols are subject to sudden changes in operating rules, which may, amongst other things, materially affect the value, function, name of the virtual currency and/or our ability to support certain virtual currencies and we are not liable for any loss of value you may experience as a result of such changes in operating rules. In the event of a fork in a virtual currency, you agree that we may temporarily suspend our Services (with or without advance notice to you) and that we may, in our sole discretion, decide whether or not to support (or cease supporting) either branch of the forked protocol entirely. You acknowledge and agree that we assume absolutely no responsibility or liability whatsoever in respect of an unsupported branch of a forked protocol.
During registration of your Account and at any other time you have an Account, you agree to provide us with the information we request for the purposes of ongoing due diligence, identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information. You will maintain and promptly update your Account information. You agree and represent and warrant that all information you provide us at any time will not be false, inaccurate or misleading. You will need to complete certain verification procedures before you are permitted to use our Services. Your access to our Services and the limits that apply to your use of our Services, may be altered, suspended or terminated as a result of information collected about you on an ongoing basis and/or your failure to provide us with information we request on a timely basis. You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full.
Notwithstanding anything to the contrary contained herein, neither tetherX nor its affiliates, subsidiaries, officers, directors, employees or any related party shall have any liability to You or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits or loss of data arising under or relating to this Agreement even if tetherX is advised of such damages.
To the maximum extent permitted by law, You waive, release, discharge and hold harmless tetherX, its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your access to or use of the Platform. In no event shall the tetherX or its affiliates and subsidiary companies be liable to you for any claims, proceedings, liabilities, obligations, expenses, damages, losses or costs in an amount exceeding the amount of fees paid by you to tetherX for the applicable Services for the 12 months preceding the date of any claim giving rise to such liability or one hundred U.S. dollars (USD $100.00), whichever is lower.
Crypto Assets and products are unregulated and can be highly risky. There may be no regulatory recourse for any loss from such transactions. Users in shall therefore avail of the Services and access the Platform subject to the above and solely at their own risk.
Crypto transactions are irreversible. Once a transaction is initiated by you, it can neither be cancelled, modified nor reversed by Us upon Your request.
The values of Crypto Assets are highly volatile and tend to fluctuate, due to which there may be an increase or decrease in the value of the Crypto Asset You receive or transfer after a transaction. Crypto Assets are subject to large swings in value and may even become worthless. There is always an inherent risk of losses associated with buying, selling, or trading in Crypto Assets. It is also possible that the valuation and price of Crypto Asset changes after the transaction has been initiated by You or during the transaction, and You are hereby advised/ cautioned of the same. Value of a Crypto Asset is subject to market changes and risks, and under no circumstance shall tetherX be liable for any such changes or fluctuations whether before, during or after the transaction.
Crypto Assets are as yet autonomous and not specifically regulated. It may neither be backed by a specific government nor it is a legal tender in most of the jurisdictions nor is it a specifically regulated investment / security / commodity / goods yet many jurisdictions, and hence may be susceptible to risks not generally associated with other forms of investments / securities / commodities / goods.
As Crypto Assets are reliant on decentralized and peer-to-peer networks, there is also the risk of loss of confidence in trading of Crypto Assets. The Crypto Assets do not guarantee any assured returns as the valuation of Crypto Assets is based on a supply and demand economy model, and is therefore, subject to constant changes.
There may be additional risks that we have not foreseen or identified in this Agreement.
You should carefully assess whether your financial situation and tolerance for risk is suitable for swapping, staking or trading Crypto Assets. It is reiterated that Users shall not transact in Crypto Assets under any assumption of high earnings or profits. You further understand that past performance of Crypto Assets are not indicative of future prices / value.
TetherX is not responsible for the outcome, whether positive or negative, of any action performed by any of its Users within or related to the Crypto Assets / Platform / service.
NOTWITHSTANDING ANY OTHER PROVISION, PLATFORM, SERVICES AND MATERIALS OR ANY OTHER INFORMATION OR SERVICE BY TETHERX IS PROVIDED ON "AS IS'', “AS-AVAILABLE” BASES, AND WITHOUT WARRANTY, REPRESENTATION OR INDEMNITY OF ANY KIND, EXPRESS, IMPLIED, ORAL, WRITTEN, STATUTORY, OR OTHERWISE, INCLUDING WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, OR NON- INFRINGEMENT; OR FOR THE USE, SUFFICIENCY, RELIABILITY, TIMELINESS, QUALITY, SECURITY, SAFETY, SUITABILITY, AVAILABILITY, COMPLETENESS OR ACCURACY OF PLATFORM, SERVICES, MATERIALS OR ANY OTHER INFORMATION. TETHERX, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, AGENTS AND THIRD PARTIES IS / ARE NOT LIABLE FOR ANY LOSS OF CRYPTO ASSETS, REVENUE, PROFITS, FUNDS, ASSETS, DATA OR FOR ANY DAMAGES, DIRECT OR INDIRECT, RESULTING FROM USE OR ATTEMPTED USE OF PLATFORM, SERVICES, MATERIALS OR ANY INFORMATION. TETHERX DISCLAIMS LIABILITY FOR ANY PARTY’S ACT OR OMISSION IN USE OF OR RELIANCE UPON PLATFORM, SERVICES, MATERIALS OR ANY OTHER INFORMATION INCLUDING WITHOUT LIMITATION INACCURACY IN OR THE OMISSION OR INTERRUPTION OF THE PRICE DATA OR AN ERROR OR DELAY IN THE TRANSMISSION OF PRICE DATA. PLATFORM, SERVICES, MATERIALS OR ANY OTHER INFORMATION MAY BE SUBJECT TO RESTRICTIONS, LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR A BUSINESS WHERE THERE ARE REGULATORY UNCERTAINTIES. WE DO NOT GUARANTEE THAT YOUR USE OF THE PLATFORM OR SERVICES OR ANY PART THEREOF WILL ALWAYS BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE.
CRYPTO ASSETS MAY BE TARGETED BY HACKERS OR MALICIOUS GROUPS OR ORGANIZATIONS WHO MAY ATTEMPT TO INTERFERE WITH THE CRYPTO ASSETS AND/OR THE SALE/PURCHASE OF THE CRYPTO ASSETS OR STEAL THE CRYPTO ASSETS IN VARIOUS WAYS, INCLUDING MALWARE ATTACKS, DISTRIBUTED DENIAL OF SERVICE, CONSENSUS-BASED ATTACKS, SYBIL ATTACKS, PHISHING, SMURFING AND HACKING. PLATFORM, SERVICES, MATERIALS AND/OR TETHERX’S THIRD PARTY SERVICE PROVIDERS, THIRD PARTY CRYPTO ASSET EXCHANGES MAY BE SUBJECT TO SUCH TARGETS, ATTACKS ETC. AND NOTWITHSTANDING ANY OTHER PROVISION, tetherX, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, AGENTS AND THIRD PARTIES SHALL NOT BE LIABLE TO THE USER OR ANY THIRD PARTY FOR THE SAME.
USER AGREES THAT IT IS POSSIBLE THAT NEW REGULATIONS IN INDIA ADDRESSING BLOCKCHAIN TECHNOLOGY, CRYPTO ASSETS, CRYPTO ASSET EXCHANGES, CRYPTO ASSET EXCHANGE AGGREGATORS (LIKE TETHERX) AND THE PLATFORM, SERVICES, MATERIALS OR ANY INFORMATION PROVIDED BY TETHERX UNDER THESE TERMS, MAY BE INTRODUCED OR EXISTING REGULATIONS MAY BE MODIFIED, WHICH MAY PROHIBIT, PREVENT, RESTRICT, OR OTHERWISE MAY HAVE A NEGATIVE EFFECT ON THE PLATFORM, SERVICES, MATERIALS OR ANY INFORMATION PROVIDED BY TETHERX AND/OR THE USAGE OF PLATFORM, SERVICES, MATERIAL OR ANY INFORMATION BY THE USER, WHICH MAY INCLUDE A TOTAL LOSS CRYPTO ASSETS OF USER WITH TETHERX (INCLUDING STORED BY tetherX WITH THIRD PARTIES) AND NOTWITHSTANDING ANY OTHER PROVISION TETHERX, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, AGENTS AND THIRD PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE SAME.
Indemnity
You agree to indemnify, save, and hold tetherX, its affiliates, contractors, employees, officers, directors, agents and its third party associates, licensors, and partners harmless from any and all claims, demands, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Platform, any violation by You of this Agreement, or any breach of the representations, warranties, and covenants made by You herein or your infringement of any intellectual property or other right of any person or entity. TetherX reserves the right, at your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify tetherX, including rights to settle, and You agree to cooperate with tetherX’s defence and settlement of these claims. THIS CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Governing Law and Jurisdiction
Your access to and use of the Platform and Agreement is subject to the laws of Delaware. In case of any disputes arising out of the access to or use of the Platform or any part thereof Courts of Delaware will have exclusive jurisdiction.
Third Party Rights
Nothing in this Agreement is intended to nor shall it confer a benefit on any third party who is not a party to this Agreement and such third party has no rights to enforce them.
Waiver
No delay or decision not to enforce rights under this Agreement will constitute a waiver of the right to do so and will not affect rights in relation to any subsequent breach.
Intellectual Property Rights
All the intellectual property used on the Platform shall remain the exclusive property of tetherX (or any person claiming through tetherX). You agree not to circumvent, disable or otherwise interfere with security related features of the Platform or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Platform or the materials therein. The materials on the Platform or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.
Termination
You may terminate this Agreement by ceasing to use the Platform. TetherX reserves the right to terminate your Account or access to the Platform at its sole discretion if You are found to be in breach of these Terms of User Agreement or any applicable laws. In all other cases tetherX shall provide you with prior written notice of one (1) day for termination of your Account.
Survival
Even after termination Indemnity, Intellectual Property, Governing Law and any other clauses that naturally survive, shall survive the termination of this Agreement.
Severability
If any provision of this Agreement is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any of the remaining provisions.
Electronic Communication
The communications between You and tetherX use electronic means, whether You use the Platform or send Us emails, or whether tetherX posts notices on the Platform or communicates with You via email. For contractual purposes, You (a) consent to receive communications from Us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that We provide to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
Force Majeure
TetherX shall not be liable for any damage or loss suffered by You due delay or failure in performance of tetherX’s obligations under this Agreement when such delay or failure is due to causes, circumstances or events beyond its control including delay due to floods, fires, accidents, earthquakes, riots, explosions, wars, hostilities, acts of government, custom barriers, strikes, epidemic, pandemic, complete break down of telecommunication or internet services or other causes of like character. In such an event, tetherX shall be excused from any and all performance obligations.
Grievances
TetherX believes in ensuring that all the Users of the Platform are able to access and utilize the Platform to their satisfaction. Therefore, We believe in addressing any grievances or concerns that the Users have with regard to their experience on the Platform. For any queries and support, You may reach out to our Customer Support Team at support@tetherx.co.in
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