Terms of Services
subsidiaries (the “Company”) and the users of the Site www.bitcaun.com (the ”Site”)
Applications (the “App”). By using this Site and the App, and further by registering to use our Service, you
(the “You”, “Your” or “Yourself”) accept and comply with the terms and conditions governing Your use of
of Use carefully before You use the Site, the App or any of the services offered on the Site and the App
Site, the App and the Services.
ANY SERVICE OFFERED THEREIN. BY USING THE SITE, THE APP OR OTHERWISE ACCESSING OR USING OUR
PROVISION THEREIN, DO NOT ACCESS THE SITE, THE APP OR USE THE SERVICES.
The Services allow all registered users of the Services to Purchase and Sell Digital Assets as further
terms and conditions governing purchase, sale or trading of Digital Assets, including “Bitcoins”, as
stipulated by the issuers thereof. Users shall be permitted to avail of the Services including the User
Account only after reading the terms herein and in the policy documents set out hereunder and after
accepting the same.
1. USER ACCOUNT
a. If you choose to register with us through the Site or the App, an account will be created for your use
on the Site and the App and you will be provided with required Account Information to enable your
access to the Account. In order to access any Services, you must activate your account (“User
Account”) by following the identity verification process specified. Failure to complete the User
Account activation process as per the specified process will entitle the Company to terminate the said
User Account. The term “Account Information” refers to a password and such information which may
be provided by you as part of our security and verification procedures. If you register on the Site or
the App through any third party website like gmail, the login information of such third party account,
as the case may be, shall be considered part of the Account Information. You must always treat
Account Information as confidential and must not disclose it to any third party. Any access to the Site
and the App through your Account shall be considered as access by you or on your behalf and you
shall be solely responsible for any activity carried out in, by or through your User Account either on
the Site and the App or any other website accessed by you through the Site and the App.
b. You represent and warrant that: (A) you are competent to contract i.e. (i) if you are an individual, that
you are over eighteen years of age, or (ii) that if you are registering on behalf of an entity, that you
in accordance with the laws of India; and (C) you are an Indian resident as defined under the Foreign
Exchange Management Act, 1999 and the rules and regulations framed thereunder; and (D) your
membership has not been suspended or terminated by us for any reason whatsoever. If we change
the eligibility criteria to be registered with the Site and the App and you no longer comply with the
new eligibility criteria, as determined by us in our sole discretion, you accept that we may close Your
User Account without any liability for us. You are solely responsible for ensuring that You are in
to access the Services is revoked or use of the Services is in any way prohibited, in such circumstances,
you agree not to use or access the Site and the App or use the Services in any way.
2. IDENTITY VERIFICATION
a. To comply with AML/KYC recommendations, we require our clients to verify their identity by providing
scanned copies of the following:
i. Digitized copy of the PAN card,
ii. Aadhaar card, and
b. The Company may use your personal information:
i. To identify You,
ii. To process transactions,
iii. To send periodic emails with updates, promotions, company news, and notices regarding changes to
iv. Customize, measure, and improve the Service and the content and layout of our Site and the App
v. To analyze use of the Site and the App,
vi. Prevent potentially prohibited or illegal activities, and
a. A considerable loss may be sustained/incurred while trading in Digital Assets, hence you are advised to determine your financial circumstances and risk tolerance before trading and carefully consider the following risks:
i. Digital Assets are currently unregulated and trading, holding and transferring some or all Digital
Assets may be deemed illegal in India in the future. You are encouraged to obtain appropriate legal
counsel regarding the same before using the Site and the App;
ii. Digital Assets are not considered valid legal tender in India;
iii. ‘Virtual currencies’ (including all cryptocurrencies) have not been recognised or authorised as a
medium for payment, as a commodity for trade, or in any form, by central bank, monetary authority,
or governmental or regulatory body in India. The Reserve Bank of India (“RBI”) has currently issued
three press releases viz dated 24th December 2013 (2013-2014/1261), 1st February 2017 (2016-
17/2054) and 5th December 2017 (2017-2018/1530) respectively, cautioning users, holders and
traders against the use of, and trading in, virtual currencies;
iv. The value of any Digital Asset is very volatile and you may sustain a total loss of your Funds; v. Due to the market being in a nascent stage, during a market disruption or during a force majeure event, you may face difficulties or impossibility in liquidating your position under certain market conditions;
vi. Digital Assets are not backed by a central bank or any other financial regulator and as such there is no third party that may take any corrective action upon the occurrence of a global/regional crisis; vii. Since Digital Assets are held online, they are susceptible to security breaches and government crackdowns that may end up compromising the integrity or anonymity of the system that produce such Digital Assets;
b. You acknowledge that the aforementioned is an inexhaustive statement of risks associated with the trade of Digital Assets and that there may be additional risks not listed or foreseen by the Company. By creating User Account you acknowledge that you have carefully assessed your financial standing and risk tolerance and you confirm that the same is suitable for trading in Digital Assets. 4. ACCESS TO THE SITE AND THE APP
a. We do not guarantee that your use of the Site and the App, will always be available or be
uninterrupted. Access to the Site and the App is permitted on a temporary basis. We may suspend,
withdraw, discontinue or change all or any part of the Site and the App without notice. We will not be
liable to you including without limitation for any losses incurred due to volatility of prices of the Digital
Asset if for any reason the Site and the App is unavailable at any time or for any period.
b. You are also responsible for ensuring that all persons who access the Site and the App through your
internet connection are aware of these Terms and other applicable terms and conditions, and that
they comply with them.
c. The service operated by us in the name of Bitcaun allows buyers (“Buyers”) and sellers (“Sellers”
), to buy and sell digital currencies, digital services and digital downloads.
d. The service provided by us also allows all registered users of the Service (“Members”) to:
1. transfer digital currencies to other Members or other users of digital currency outside the
2. send and receive digital currencies,
3. purchase and sell digital currencies,.
e. It is possible that the laws in the country where the user resides do not allow the usage of an online
tool with the characteristics of digital currency or any of its features. We do not encourage the
violation of any laws and cannot be held responsible for violation of such laws. It is your responsibility
to follow the laws of your country of residence and/or country from which you access this Website
non-exclusive, non-transferable, non-sublicensable, and limited right to enter and use the Website
and the Service.
5. LIMITED RIGHT OF USE
a. Unless otherwise specified, all materials on this Site and the App are the property of the Company
and are protected by copyright, trademark and other applicable laws. You may view, print and/or
download a copy of the Materials from this Site and the App on any single computer solely for your
personal, informational, non-commercial use, provided you keep intact all copyright and other
b. The trademarks, service marks and logos of the Company and others used in this Site and the App
("Trademarks") are the property of the Company and their respective owners. The software, text,
images, graphics, data, prices, trades, charts, graphs, video and audio used on this Site and the App
belong to the Company. The Trademarks and material should not be copied, reproduced, modified,
republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any
means, whether manual or automated. The use of any such Materials on any other Site and the App
or networked computer environment for any other purpose is strictly prohibited; any such
unauthorized use may violate copyright, trademark and other applicable laws and could result in
criminal or civil penalties.
6. EXTERNAL WEBSITES
a. Our Service may contain links to third-party web sites (including payment gateways) or services that
are not owned or controlled by the Company. The Company has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any third party web sites or services.
You further acknowledge and agree that the Company shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or
reliance on any such content, goods or services available on or through any such web sites or services.
services that you visit.
7. FINANCIAL ADVICE
a. For the avoidance of doubt, we do not provide any investment advice in connection with the Services
Digital Assets and events that have affected the price of Digital Assets but this is not considered
investment advice and should not be construed as such. Any decision to purchase or sell Digital Assets
is Your decision and the Company will not be liable for any loss suffered.
a. It is Your responsibility to determine, collect, report, and submit any taxes applicable to the payments
You make or receive in connection with the use of the Site, the App and the Service to the appropriate
tax authority. The Company is not responsible for determining whether taxes apply to your
transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
9. LIMITATION OF LIABILITY
a. Users are responsible for their actions in connection with the use of the Site and the App, Service,
and their Accounts. Users are also responsible for protecting access information to the Site and the
App including, but not limited to, user names, passwords, and bank account details. The Company is
not responsible for the outcome, whether positive or negative, of any action performed by any of its
users within or related to the Site and the App. Some deposits and withdrawal methods require the
Company to use personal details of the user including, but not limited to, name, address, email,
phone number, and bank account number, IFSC code, etc. and you agree that Company can use
these information to facilitate deposits and withdrawals. The Company shall be in no manner be
liable for any transaction failure or loss caused due to any fault on part of the User including for the
User providing any wrong information or detail. In the event the User deliberately provides false
information and/or provides any misrepresentation and/or attempts to create false identity/ID
be liable to indemnify the Company and the Company may tak all necessary legal actions against the
User, including any criminal action
b. The parties agree that in no event shall the Company or its affiliates, officers, directors, agents,
employees, and suppliers be liable for lost profits or any special, incidental or consequential damages
In case the applicable laws do not permit the limitation or exclusion of damages as described above,
our aggregate liability (including the liability of our affiliates, officers, directors, agents, employees,
and suppliers) in respect of claims based on events arising out of or in connection with any single
member’s use of the Website, whether in contract or tort or otherwise, shall in no circumstances
exceed the amount of the transaction(s) that are the subject of the claim less any amount of
commission that may be due and payable in respect of such transaction(s).
a. To the full extent permitted by applicable law, You hereby agree to indemnify the Company and its
affiliates, officers, directors, agents, employees, and suppliers against any action, liability, cost, claim,
loss, damage, proceeding or expense suffered or incurred if direct or not directly arising from your
a. You may terminate this agreement with the Company, and close your Account at any time, following
settlement of any pending transactions.
b. You agree that Company may, by giving notice, in its sole discretion, terminate your access to the Site,
the App and to your Account; including without limitation, suspending or terminating the Service and
Users’ Accounts, prohibiting access to the Site and the App and its content, services and tools, delaying
or removing hosted content, and taking technical and legal actions to keep Users off the Site and the
App if we reasonably perceive that such Users are creating any problems, including without limitation,
possible legal liabilities, infringement of the intellectual property rights, or acting inconsistently with
c. Notwithstanding the above, we may, in appropriate circumstances and at our sole discretion, suspend
or terminate Accounts of Users for any reason, including without limitation (1) attempts to gain
unauthorized access to the Site and the App or another User’s account or providing assistance to
others’ attempting to do so, (2) overcoming software security features limiting use of or protecting
any content, (3) usage of the Service to perform illegal activities such as money laundering, illegal
gambling operations, financing terrorism, or other criminal activities, (4) violations of these Terms of
Use, (5) failure to pay or fraudulent payment for transactions, (6) unexpected operational difficulties,
or (7) upon the request of any governmental authority, if deemed to be legitimate and compelling by
the Company, acting in its sole discretion.
d. We also reserve the right to cancel unverified Accounts or Accounts that have been inactive for a
period of 6 months or more, and/or to modify or discontinue our Site, the App or Service. Users agree
that the Company will not be liable to them or to any third party for termination of their Account or
access to the Site and the App.
e. You hereby agree that the suspension of an Account shall not affect the payment of the commissions
due for past transactions. Upon termination, Users will receive any monies owed to them via their
registered bank account with the Company.
12. AMENDMENT AND CHANGES
time to time to take notice of any changes we made, as they are binding on you.
b. We may, without prior notice, change the Services; add or remove functionalities or features; stop
providing the Services or features of the Services, to you or to Users generally; or create usage limits
for the Services.
of the Company.
a. When you visit the Site or the App or send e-mails to us, you are communicating with us electronically.
You also consent to receiving communications from us electronically. We will communicate with you
by e-mail or by posting notices on this Site and the App. You agree that all agreements, notices,
disclosures and other communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing. You agree that in case there are any changes in
any information provided by you to us, including your e-mail address and other contact details, you
will be solely responsible to update them regularly. If we send any communication by e-mail, it shall
be sent to your e-mail address available on the records created by you on the Site and the App and it
shall be deemed to have been received by you once it is reflected as sent in the outbox of our e-mail
15. APPLICABLE LAW AND JURISDICTION
agree to irrevocably submit to the exclusive jurisdiction of the courts in [Mumbai] for the resolution
16. CONTACT US
a. For general enquires, complaints and/or giving any feedback, please visit support.bitcaun.com.
b. In case you do not want to continue using our Services and want to deactivate your Account with us,
please visit support.bitcaun.com.