This Agreement (the "Agreement") should be read by you (the "User" or "you") in its entirety prior to your use of our services or products. Please note that this Agreement constitutes a legally binding agreement between you and EasyCoin Labs Private Limited (referred to herein as "EasyCoins", "we", or "us") which operates the services hereof (the "EasyPad Services") at https://www.EasyCoins.com/EasyPad/ or related application (the “Platform”). EasyPad Services are provided by EasyCoins and by accessing or using the Platform or EasyPad Services, you agree that you have read, understood, and agree to be bound by this Agreement.
1. General Conditions of Use
1.1. By signing up to use an account on the Platform to use the EasyPad Services, you agree to comply with and be legally bound by this Agreement. In the case that you do not agree to any of the terms outlined in this Agreement or any subsequent modification, you may not access or use any of the EasyPad Services and must cancel your account immediately.
1.2. We may amend or modify this Agreement by posting such amended or modified Agreement (the "Revised Agreement") on the Platform or by notifying you about the changes via email. By continuing to access or use the EasyPad Services once the Revised Agreement is effective, you agree to be bound by its terms of the Revised Agreement.
1.3. To be eligible to use the EasyPad Services, you must be 18 years old (or the applicable age of majority and contractual capacity in each applicable qualifying jurisdiction). By accessing or using the EasyPad Services, you represent and warrant that you are qualified.
1.4. EasyCoins disclaims any warranties, expressed or implied, in connection with the EasyPad Services which are provided to you "as is," and EasyCoins provides you with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness, or accuracy.
1.5. The term "EasyPad", its domain names and any other trademarks, or service marks used by EasyCoins as part of the EasyPad Services (the "Trademarks"), are solely owned by EasyCoins. In addition, all contents on the Platform, including, but not limited to, the images, pictures, graphics, photographs, animations, videos, music, audio, and text (the "Site Content"), belong to EasyCoins and are protected by copyright and other intellectual property or other rights. You hereby acknowledge that by using the EasyPad Services, you obtain no rights in the Site Content and/or the Trademarks or any part thereof. Under no circumstances may you use the Site Content and/or the Trade Marks without EasyCoins’ prior written consent. Additionally, you agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights of EasyCoins.
2. Authority/Terms of Services
You agree to the rules of the EasyPad Services provided and described on the Platform. EasyCoins retains all the authority on the initiation, maintenance and closing of the EasyPad Services. The decision of EasyCoins’ management concerning any use of the EasyPad Services, or dispute resolution, is final and shall not be open to review or appeal.
3. Your Representations and Warranties
Prior to your use of the EasyPad Services and on an ongoing basis, you represent, warrant, covenant, and agree that:
3.1. There is a risk of losing cryptocurrency & other funds of value when using the EasyPad Services, and EasyCoins has no responsibility to you for any such loss;
3.2. Your use of the EasyPad Services is at your sole option, discretion, and risk. You hereby accept full responsibility for any consequences that may arise from your use of the EasyPad Services and expressly agree and acknowledge that EasyCoins shall have absolutely no liability in this regard.
3.3. You are solely responsible for any applicable taxes which may be payable on cryptocurrency traded or transacted by you through your using the EasyPad Services and EasyCoins have the right to make any deduction of tax at source if legally required.
3.4. Any cryptographic tokens, blockchain technology, or distributed ledger technology-related projects are new, relatively untested, and outside our and our clients' exclusive control. Any adverse changes in market forces, technology, and regulatory environment impacting our performance under this Agreement shall absolve us from responsibility in this regard, including but not limited to hacking attacks, possible theft, unfavourable regulatory action, or unclear legal/tax status of cryptographic tokens.
3.5. (i) You are eighteen years of age or older (or the applicable age of majority and contractual capacity in each applicable qualifying jurisdiction); (ii) you are accessing the EasyPad Services from a jurisdiction in which it is legal to do so, (iii) your use of the EasyPad Services is not prohibited by any applicable law, and at all times compliant with applicable law; and (iv) you are solely responsible for the use of the EasyPad Services and, if applicable, for all activities that occur on or through your account.
4. Prohibited Use & Termination
4.1. In connection with your use of the EasyPad Services and your interactions with other users and third parties, you agree to and represent that you will not engage in any illegal, unauthorized, or improper activities, including but not limited to:
- Infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of EasyCoins;
- Create multiple accounts, including for collusion and/or abuse of the EasyPad Services;
- Use the EasyPad Services to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to affect the operation of any computer software or hardware adversely;
- Make any backup or archival copies of the Platform or any part thereof, including disassembling or de-compilation of the Platform;
4.2. EasyCoins reserves the right to (a) modify or discontinue any portion of the EasyPad Services and (b) suspend or terminate your access to the EasyPad Services, at any time, and from time to time, without notice to you in specific, limited circumstances described herein. You agree that EasyCoins shall not be liable to you or any third party for any modification or termination of the EasyPad Services or suspension or termination of your access to the EasyPad Services, except to the extent otherwise expressly set forth herein.
5. Retention of Intellectual Property Rights
5.1. The Platform and all the EasyPad Services, including their design elements or concepts and any underlying intellectual property, including, but not limited to, all trademarks, are the property of EasyCoins and/or EasyCoins’ clients (as applicable) and are protected by copyright, patent, trade secret, and other intellectual property laws.
5.2. EasyCoins and EasyCoins’ clients retain any and all rights, title, and interest in and to the Platform and the EasyPad Services (including, without limitation to all intellectual property rights), including all copies, modifications, extensions, and derivative works thereof. Your right to use the Platform and the EasyPad Services is limited to the rights expressly granted under this Agreement. Except as stated under this Agreement, nothing under this Agreement should be construed as conferring any right in or license to EasyCoins' or any third party's intellectual rights.
5.3. You may not: copy, create derivative works, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Platform or the EasyPad Services; or use the EasyPad Services that in any way is prohibited by applicable laws or regulations (each of the above herein defined as an "Unauthorized Use"). You agree that you will be solely responsible for any damage, costs, or expenses arising out of or in connection with any Unauthorized Use by you.
6. Jurisdiction and Governing Law
6.1. The laws of India (with the exclusion of any rules that might lead to the use of any other law which is not the law of India) will govern the validity and construction of this Agreement, any separate agreement whereby EasyCoins provides you with any EasyPad Services and any dispute arising out of or in relation to this Agreement or such separate Agreement.
6.2. Any persons located in or residents of specific countries (which may vary in each case) are not permitted to make use of the EasyPad Services: China, Bolivia, Cambodia, Iran, Iraq, Libya, Nepal, Zimbabwe, Liberia, Myanmar, North Korea, or any other nations, regions or districts, under which the use of the EasyPad Services are restricted or prohibited under appliable laws and regulations (the “Prohibited Jurisdictions”). For the avoidance of doubt, the foregoing restrictions on the EasyPad Services from Prohibited Jurisdictions apply equally to residents and citizens of other nations while located in a Prohibited Jurisdiction. Any attempt to circumvent the restrictions on usage by any persons located in a Prohibited Jurisdiction is a breach of this Agreement. An attempt at circumvention includes, but is not limited to, manipulating the information used by EasyCoins to identify your location and providing EasyCoins with false or misleading information regarding your location or place of residence.
7. Third-party Services
7.1. The EasyPad Services may include services, content, and information owned, made available, or otherwise licensed by a third party (the "Third-Party Services") or contain links to Third Party Services. You understand that Third-Party Services are the responsibility of the third parties that create or provide them and acknowledges that the use of such Third-Party Services is solely at your own risk.
7.2. EasyCoins makes no representations and excludes all warranties and liabilities arising out of or pertaining to such Third-Party Services, including its accuracy or completeness.
7.3. All intellectual property rights in and to Third-Party Services are the property of the respective third parties.
8.1. Without prejudice to any other rights, if you breach in whole or in part any provision contained herein, EasyCoins reserves the right to take such action as EasyCoins deems proper, including terminating this Agreement or any other agreement in place with you and/or taking legal action against you.
8.2. You agree to indemnify and hold harmless EasyCoins its affiliates, subsidiaries, licensors, and their respective directors, officers, members, managers, employees, and agents from and against any and all claims and expenses arising out of your use of the EasyPad Services, a breach of any provision under this Agreement by you or any person using the EasyPad Services on your behalf, a breach by you of any applicable laws, or any third-party claim to the extent arising from or connected with an allegation that your use of the EasyPad Services in accordance with this Agreement infringes any rights of a third party.
9. Force Majeure
9.1. EasyCoins shall have no liability for delays, failure in performance, or interruption of the EasyPad Services which result directly or indirectly from any cause or condition beyond EasyCoins’ reasonable control, including but not limited to any delay or failure due to any act of God, the act of civil or military authorities, the act of terrorists, civil disturbance, war, strike or other labor dispute, fire, 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 EasyCoins reasonable control and shall not affect the validity and enforceability of any remaining provisions.
10.1. Severability: If a provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
10.2. Assignment: EasyCoins reserves the right to assign this Agreement, in whole or in part, at any time without notice. However, you may not assign any of your rights or obligations under this Agreement without the written consent of EasyCoins.
10.3. Third-Party Rights: Unless expressly provided to the contrary in this Agreement, a person who is not a party to this Agreement has no right to enforce or to enjoy the benefit of any term of this Agreement. Notwithstanding any term of this Agreement, no consent of any party who is not a party to this Agreement shall be required for the waiver, variation, or termination of any part of this Agreement.