TERMS AND CONDITION OF USE
These terms and conditions of use ("Terms") along with privacy policy ("Privacy Policy") forms a legally binding agreement ("Agreement") between You and Us ("Cryptofi")
"Cryptofi", "Our", "We"). Hence, We insist that You spend time reading these Terms and Privacy Policy and let Us know at hello@cryptofi.buzz if You have any questions regarding the same. We will try our best to answer Your queries.
A. DEFINITIONS AND INTERPRETATION
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Capitalized terms, not defined elsewhere in this Agreement, shall mean as follows
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“Application” means the Cryptofi mobile platform downloadable from Google Play/AppStore, and
owned by Us, including any updates thereof
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“AppStore” means the service provided by Apple Inc. and/or its affiliates, a third -p arty, through which You may use in order to download the Application.
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“AppStore Terms and Conditions” means terms and conditions that apply to the use of Appstore platform and as available at https://www.apple.com/legal/internetservices/itunes/us/terms.html
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Google Play” means the service provided by Google Ireland Limited, a third party, and/or its
affiliates, which You may use in order to download the Application.
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Google Play Terms of Service” means terms of service that apply to the use of Google Play and available at https://play.google.com/about/play-terms.html.
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“Sponsored Content” means content distinct from other regular editorial content displayed on the Application, in the form of audio, video, text and/or image media which supports a third party Person’s brand message or views that is readily identifiable upfront through distinct and distinguishable font, colour, display schemes and/or usage of disclaiming words other than those used for regular editorial content
(such as “Ad”, “Powered by”, “Sponsored by”, “With”, “Advertorial” and such other phrase of like
meaning).
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"User" or "You" or "Your" refers to a person who has accepted this Agreement in order to download and use the Application.
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Any reference to the singular includes a reference to the plural and vice versa, and any reference to
one gender includes a reference to other gender(s), unless explicitly provided for.
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Headings and captions are used for convenience only and not for interpretation of the Agreement.
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Any reference to a natural person shall, include his/her heirs, executors and permitted assignees and any reference to a juristic person shall, include its affiliates, successors and permitted assignees, unless repugnant to the context.
B. YOUR APPROVAL
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You approve of and accept the Agreement by:
- downloading and/or installing the Application on Your device; or
- accessing or using the Application or any of the content available within the Application from any device.
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You can accept the Agreement only if:
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You are a natural person of the legal age to consent in your jurisdiction and of sound mind to
form a binding contract with Cryptofi pursuant to Your use of the Application; or
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You are a juristic Person, lawfully existing that has all the authorizations, permits and
allowances to enter into this Agreement and form a binding contract; and
- You are not legally barred under applicable laws from using the Application.
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You understand that We want You to not use the Application if You do not understand, approve of
or accept Agreement in their entirety. Hence, You are requested to read these Terms and Privacy
Policy carefully and understand the Agreement before You accept it and agree to be bound by
them.
C. PROVISION OF THE Application
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The Application is designed to provide You an in-Application browsing experience through an embedded
browser. The Application summarizes third party content within one platform for easy access by You and for assisting You to find corresponding content of Your interest. The Application does not host, display or transmit any content owned by third parties on its servers, unless We either have a license to host, display or transmit over such content or are otherwise permitted under the applicable laws to do the same. When You read a summary, You will be provided with a link to one of the online sources of such summary. If You chose to access such link, You acknowledge and accept that you are leaving
the Application and We shall have no liability, obligation or responsibility for any data breaches or damages arising herewith from Your use of such online sources on third party sites. You agree and acknowledge that Cryptofi is only an intermediary and that the Application does not provide any content of its own accord and Cryptofi is not responsible or liable for the content or accuracy of the summary of content that may be accessed by You through the Application.
- The Application may include links to other mobile applications and/or websites (some of which may be automated search results) which may contain materials that are objectionable,unlawful, orinaccurate. We do not endorse or support these links or the products and services they provide; these links are provided for Your convenience only. We are not responsible or liable for the content or accuracy of such links.
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In order to access the Application, You have to register as a User by providing prescribed
information which will be governed by our Privacy Policy .
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You agree and acknowledge that certain Sponsored Content may be placed on, about, or in
conjunction with the other content within the Application.
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You agree and acknowledge to the following representations at all times while using the Application:
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Any information that You provide is true, accurate, complete and updated
- You will only use the content of the Application for non-commercial and personal purpose
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You will not use the Application or any content provided thereof for any purpose that is illegal,
unlawful or prohibited by this Agreement.
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You will not copy, reproduce, alter, modify, create derivative works of, or publicly
display any content displayed on the Application; and
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You will not confer any of Your rights to any third parties.
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You agree that if You are a content provider, and there are links to Your content shared on the Application, You will provide such information as may be required under applicable laws to relevant government authorities, including but not limited to details of Your registered user account on the Application products, and any other information that may be requested from You.
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You acknowledge that We will not be liable for the accuracy, validity, or authenticity of any information
disclosed by You in furtherance of Your obligations under applicable laws, including in response to any requests from relevant government authorities.
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We may stop provision of the Application (or any part of the Application), permanently or temporarily, to You or to users generally or may modify or change the nature of the Application and/or these Terms at Our sole discretion, without any prior notice to You. Your use of the Application following any such modification constitutes Your deemed acceptance to be bound by any and all the Agreement (or as it may be modified).
D. YOUR AGREEMENT WITH CRYPTOFI
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A violation of any provisions of this Agreement may result in a legal liability upon You and
that nothing in these Agreement should be construed to confer any rights to any third party. You are responsible for Your conduct and activities while using the Application, and for any consequences
thereof.
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If any provision of the Agreement is found to be unenforceable under the applicable law, it will not affect the validity and enforceability of the other provisions of this Agreement. Such
unenforceable provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision.
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We may choose to not act with respect to a breach of this Agreement by You or others but this does not preclude our legal right against You with respect to subsequent similar breaches. Our failure to exercise or enforce any provision of this Agreement shall not constitute a waiver of such right or provision.
E. USING THE Application
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You will download and install the Application from Google Play/Application Store for using it. You will also
download and update the relevant latest versions of the Application and any relevant updates provided by Us to avail continued access to the Application.
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You will use the Application only for such purposes as is permitted by (a) this Agreement; and (b) any law, regulation or generally accepted practices or guidelines applicable in the country of which You are a citizen, in which You are a resident or from where You use the Application.
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For any content you create using the Application, You grant Us a limited, non-exclusive, transferable,
assignable license to use the same in accordance with the terms and conditions, privacy policy, content regulation policy, any other policy of Us and any agreement executed by You and Us, and such a license/agreement will include Our right to sub-license.
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For Your use of the Application, Cryptofi grants You a limited, non-exclusive, non-transferable right to install and use the Application on Your android device. However, You shall not copy the Application or any of its components, except for the purpose of making a single archival back up copy.
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Cryptofi also grants You a non-exclusive, non transferable license to access such content on the Application which is owned by Cryptofi. For using any content owned by a third party, You still require a license from such third party, We don't license such content to You and Your use of content owned by a third party is governed by applicable terms and conditions prescribed by such third party.
F. RESTRICTIONS ON YOUR USE
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You agree and acknowledge that You will not host, display, upload, modify, publish, transmit, update or share any information that —
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belongs to another person and to which the User does not have any right;
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is defamatory, obscene, pornographic, paedophilic, invasive of another ‘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;
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is harmful to child;
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infringes any patent, trademark, copyright or other proprietary rights;
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violates any law for the time being in force;
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deceives or misleads the addressee about the origin of the message or knowingly or
intentionally communicates any information which is patently false or misleading in
nature but may reasonably be perceived as a fact;
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impersonates another person;
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threatens the unity, integrity, defence, security or sovereignty of India, friendly relations
with foreign States, or public order, or causes incitement to the commission of any
cognisable offence or prevents investigation of any offence or is insulting other nation;
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contains software virus or any other computer code, file or program designed to interrupt,
destroy or limit the functionality of any computer resource;
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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; or
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is in the nature of any material which exposes the private area of such individual, shows
such individual in full or partial nudity or shows or depicts such individual in any sexual
act or conduct, or is in the nature of impersonation in an electronic form, including
artificially morphed images of such individual.
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You will not access (or attempt to access) the content provided through the Application by any
means other than through the Application, unless You have been specifically allowed to do so in a
separate written agreement with Cryptofi.
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You will not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or
otherwise make the Application or any component or content thereof, available to third parties.
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You will not circumvent or disable any digital rights management, usage rules, or other security features of Application; remove, alter, or obscure any proprietary notices (including copyright notices) on
any portion of the Application; and not use the Application in a manner that threatens the integrity, performance,
or availability of the Application.
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You will not attempt to or engage in any activity that may:
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reverse engineer, decompile or otherwise extract the source code related to the Application or
any part thereof, unless it is expressly permitted by Cryptofi to You in writing or is required
by the applicable law;
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use any robot, spider, retrieval application, or other device to retrieve or index any portion
of the Application or content thereof;
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collect information about users of the Application for any illegal or unlawful purpose;
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create any user accounts by automated means or under false or fraudulent pretenses for using the Application;
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transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the Application;
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use the Application in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Application, or interfere with any other Users’ use and enjoyment of the Application;
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carry out any denial of service (DoS, DDoS) or any other harmful attacks on the Application or;
disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make,
or attempt any unauthorized access to the Application or any part of the Application or any user of the Application;
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forge headers or otherwise manipulate identifiers in order to disguise the origin of any
content transmitted through the Application; or obtain any materials or information through any
means not intentionally made available, in the opinion of Cryptofi, through the Application.
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You will not impersonate another person or impersonate, guide or host on behalf of, or
falsely state or otherwise misrepresent Your affiliation with any person or entity, including, but
not limited to Our officials, employees, agents, partners, affiliates, dealers and franchisees.
G. REPORTING VIOLATIONS AND CONTENT TAKEDOWN
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You can report any violation of these Terms by writing to Ms. Subarna Saha, Grievance Officer at
hello@cryptofi.buzz and we will endeavour to address Your concern within 15 days.
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If You find any content on the Application which falls under any of the prohibited categories of content
listed in section F (1) above, You can inform us of such a violation of these Terms by writing to Us at hello@cryptofi.buzz with
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a screenshot or sharing the link of the infringing post;and
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Your reasons for objecting to such content.
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Your reports of violation of these Terms will be received and acknowledged within 24 hours by Our Grievance Officer,
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We will respond to Your reports of violations no later than 15 days by:
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Taking down such violating content; or
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Suspending/blocking of the violating user’s account; or
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Terminating of the violating users’ access to the Application.
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We will respond with the above actions within 24 hours if Your reports relate to violation of
section F(1) (k) of these Terms.
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Our Team’s assessment of any complaints relating to content shared on theAppwillbe limited
to whether such content violates these Terms or Our own internal policies and guidelines. Such
a decision will be final and binding as regards content on the Application. We do not undertake any legal
analysis or judgement on the nature of reported content.
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If You have any objections against any action taken by Us pursuant to clause G(4) above, You
can inform us of Your reasons for such objections by writing to Us hello@cryptofi.buzz
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We will review Your objections, and reserve the right to modify/retain our decision on any
complaint against content shared on the Application.
H. TERMINATION
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Your access to the Application may be terminated if:
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You voluntarily uninstall the Application from Your device;
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You knowingly or unknowingly cause direct or indirect breach, as ascertained by Cryptofi, of this Agreement as a whole or in part or any applicable laws.
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We are required to do so by law (for example, where the access to and/or provision of the Application to You becomes, unlawful);
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The third party, if any, with whom We offered the Application to You has terminated its relationship with Us or ceased to offer the related services to Us or to You;
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The provision of Application to You is no longer commercially viable or feasible for Us; or
Cryptofi may terminate Your usage of the Application at any time, with or without notice and may procure disabling Your access to the Application and/or barring You from any future use of the Application.
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You may terminate your agreement with Cryptofi at any time by terminating Your access to the Application. However, Your certain obligations under this Agreement shall continue to prevail even on
such termination.
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When your agreement with Cryptofi comes to an end, all of the legal rights, obligations and
liabilities that You and Cryptofi have benefited from arising out of or in connection with this
Agreement, or which are expressed to continue indefinitely, shall be unaffected by this cessation,
and shall continue to apply to such rights, obligations and liabilities indefinitely.
I. INTELLECTUAL PROPERTY
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Your use of the Application is, and at all times shall be, governed by and subject to the laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and You shall be solely responsible for any violations of any laws and for any
infringements of any intellectual property rights caused by Your use of the Application through Your
device.
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Cryptofi owns and retains all the intellectual property rights to the summarized content made
available to You through the Application by Cryptofi but does not claim ownership rights to the original sources of information, which are instead held by the sites to which the Application may link You.
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All trademarks, brands and service marks of the Application are the property of Cryptofi only. Cryptofi owns all of the copyrights and database in relation to the Application. The content included on this website, including, but not limited to the Cryptofi tests, reports, text, graphics, logos, icons, and images is the exclusive property of Cryptofi and other respective owners that have granted Cryptofi the right and license to use such property and is protected by Indian and international copyright
laws. All trademarks, service marks, and trade names are proprietary to Cryptofi or other respective owners that have granted Cryptofi the right and license to use such marks.
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The Application and any underlying technology or software used in connection with the Application may
contain rights of Cryptofi or its affiliates or any third party. For use of any third party's intellectual
property, You may need to get permission directly from the owner of the intellectual property.
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Any intellectual property which is not specifically mentioned to be owned by lnshorts is owned by their respective owners and the owners have a right to take appropriate actions against You for any violation, infringement or passing off.
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Cryptofi respects the intellectual property rights of others and does not hold any responsibility for any violations of any intellectual property rights by You.
J. PRIVACY
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OurPrivacy Policy explains how We treat Your personal data and protect Your privacy when You
use the Application. By using the Application, You agree that We can use such data according to Privacy Policy.
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You are responsible for maintaining the confidentiality of passwords associated with any
device You use to access the Application. Accordingly, You are solely responsible for all activities that
occur with Your device. If You become aware of any unauthorized use of Your device, You will notify the relevant authorities as soon as possible.
K. LIMITATION OF LIABILITY ANDINDEMNIFICATION
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Your use of the Application or any content available thereof is entirely at Your own risk and We shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, monetary or any other damages, fees, fines, penalties or liabilities whatsoever arising out of or relating to Your use of the Application.
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You may terminate Your access to the Application if You are not satisfied with theApp.
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You shall defend, indemnify and hold Cryptofi, and its officers, directors, employees,
representatives and agents harmless from and against any claims, actions, demands, liabilities,
judgments, and settlements, including without limitation, reasonable legal fee that may result from
or alleged to result from
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Your use of the Application; or
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Your breach of any rules, regulations and/or orders under any applicable law.
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You are also responsible for any breach of Your obligations under the Agreement and/or for the consequences of any such breach.
L. NO WARRANTIES
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We shall make our best efforts to make the Application available to You in the best possible manner.
However, We disclaim all warranties inrelation to theApp, whether express orimplied, including
but not limited to:
- the Application being constantly available or available at all;
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installation or un-installation choices in relation to the Application being successfully executed in all cases;
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that Application will always function without disruptions, delay or errors;
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Your personal ability to use the Application;
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Your satisfaction with the use of the Application;
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The accuracy of the data provided by the Application;
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The security and privacy of Your data;
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That all bugs or errors in relation to the Application will becorrected;
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That the Application will be compatible with all devices and all networks;
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That the Application is fit for a particular purpose or use;or
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That the Application and the contents thereof are accessible in every location.
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Cryptofi, its officers, directors, employees, affiliates and agents and any other service provider responsible for providing access to the Application in connection with this Agreement will not be liable for any acts or omissions, including of a third party, and including those vendors participating in Cryptofi' offerings made to You, or for any unauthorized interception of data or breaches of this Agreement attributable in part to the acts or omissions of third parties, or for damages associated with Cryptofi, or equipment that it does not furnish, or for damages that result from the operation systems, equipment, facilities or services provided by third parties that are interconnected with Cryptofi.
M. GOVERNING LAW AND DISPUTE RESOLUTION
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The Application may be controlled and operated through any country and may be subject to the laws of that country in which they are controlled and operated. If You use the Application from any location,
then, You are responsible for compliance with the local laws applicable toYou.
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This Agreement shall be governed by and shall be construed in accordance with the laws of
India
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In the event of any dispute or difference between the You and Us (“Dispute”), then such Dispute shall first be resolved amicably through good faith negotiations by You and Us. In the event that a resolution of the Dispute is not achieved within 30 (thirty) days from the date such Dispute arises, as notified in writing by any party to the other party, then any of the parties to the Dispute, shall have the right to refer such Dispute to arbitration by issuing a written notice (“Arbitration Notice”) for final resolution in accordance with the provisions of this clause M(3).
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The award of arbitral tribunal in respect of a Dispute shall be final and binding on the parties and
shall be enforceable in accordance with its terms and shall be substantiated in writing. You and Cryptofi
shall submit to the award of the arbitral tribunal and such award shall be enforceable in any competent
court of law. The arbitral tribunal shall also decide on the costs of the arbitration proceedings. Prior to
or pending arbitration, nothing in this Agreement shall preclude either You or Us from seeking an
interim or injunctive relief from courts of competent jurisdiction.
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You and Cryptofi agree that any cause of action arising out of Your use of the Application must be
commenced within 3 (three) months after the cause of action accrues or You become aware of the
facts giving rise to the cause of action, whichever is later. Otherwise, such cause of action shall be
permanently barred.
I. NOTICES
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Cryptofi may post notices within the Application or send You notices on Your registered e-mail address
or the telephone number. You will have been deemedto received such notices within 3 (three) days of
Us sending the notice. Your continued use of the Application on expiry of such 3 (three) days shall
constitute Your receipt and acceptance of the notices sent to You.
J. DISCLAIMER
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The contents provided through the Application may include technical inaccuracies or typographical
errors. Cryptofi may make changes or improvements to the Application at any time. The contents or any
information available on the Application is provided "as is" and "as available" and without warranties of
any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law.
Cryptofi does not warrant that the functions contained in the contents will be uninterrupted or
error-free, that defects will be corrected, or the servers that make them available, are free of viruses
or other harmful components. Cryptofi makes no commitment to update the materials on the
interface. The above exclusion may not apply to You, to theextent that applicable law may not allow
the exclusion of implied warranties. Cryptofi shall not be liable for any misuse or data theft as a
consequence of Your use of the Application.
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YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU WILL NOT USE THE Application
IF YOU DO NOT UNDERSTAND, AGREE TO BECOME A PARTY TO, AND ABIDE BY ALL
THE TERMS SPECIFIED IN THIS AGREEMENT. ANY VIOLATION OF THIS AGREEMENT
MAY RESULT IN LEGAL LIABILITY UPON YOU. NOTHING IN THE AGREEMENT
SHOULD BE CONSTRUED TO CONFER ANY RIGHTS TO ANY THIRD PARTY OR ANY
OTHER PERSON.
Your correspondence or business dealings with, or participation in promotions of, Sponsored Content
or activity providers found on or through the Application, including payment and delivery of related products or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such provider of Sponsored Content. We will not be responsible nor liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Sponsored Content on the Application.
K. GRIEVANCE OFFICER:
For any other concerns, queries or grievances relating to Your use of the Application please write to Ms. Noaman Shaikh, Grievance Officer at hello@cryptofi.buzz with the following details:
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Name:
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Email Id:
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Contact Number:
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URL of alleged infringing post: