Welcome to XINFIN!
This Agreement is an arrangement between you & XinFin Pte. Ltd., a Singaporean company, and administers your use of all the XinFin Services. You must first review the terms and conditions mentioned herein below to use the XinFin services. You must read all of these terms thoroughly.
XinFin will provide its services through the platform of XinFin Android App, XinFin iPhone App (collectively “XinFin App”) and / or XinFin website at “www.XinFin.org” (“XinFin Website”). XinFin App, XinFin Website will be collectively referred to hereunder as “XinFin Services”.
SCOPE OF SERVICES
XinFin services deals for transacting in cryptocurrency. Currently, the system shall deal transactions in XDC tokens only. The unstable scenario of Cryptocurrency including XDC tokens is not regulated by XinFin. It only operates as a mediator for the services offered, which are more fully stated hereunder.
XinFin provides a platform to only its registered Users so that they can make payments and transfer XDC tokens.
You may use the XinFin Services to make payments and transfer XDC tokens. This can take place only with XDC e-wallet between (i) person-to-person (ii) person-to-company and vice-versa (iii) company-to-company. You will be solely liable for validity of such third parties;
You are required to open an account with the XinFin site to use the said services under the following process:
- For creating XDC account, you must download the XinFin App on your iPhones or Android smartphones by using the App Store or Play Store, as applicable.
- The XinFin App download & installation thereof shall/must be subject to terms mentioned herein.
- You must follow the process suggested for opening XDC account that includes giving out valid and existing email ID and complete the entire verification process and also giving requisite details and other documents.
- XinFin has the full right to cancelling validity of any account, in case, it detects any unauthorized manner that is limiting transactions/dealings in Cryptocurrencies and/or in Bitcoins.
You, being the owner of XDC account, should be managing and conducting business by yourself only. To avail XinFin services, your age must be 18 years or above. If a person falsely represents and claims to be 18 years old and above under such an event of violation of the T&Cs, XinFin has the right to suspend or permanently prevent you from availing the said services or using the XinFin platform.
You are requested to furnish XinFin with true and updated information of yourself while you are registering for the said services. This will be easier for XinFin to communicate with you electronically. Therefore, you will be liable to always update your primary email Id. XinFin will consider to have communicated to you successfully under circumstances; where XinFin sends you a communication electronically and you don’t get/receive it as your primary email Id on the records is wrong, outdated, blocked through your concerned service provider, or you in any scenario are unable to get electronic Communications, otherwise.
In case of any change in information then, kindly keep your profile updated by signing into XinFin website any time. If your Email Id becomes invalid due to some reason and that all electronic Communications carried by XinFin are returned, XinFin may assume your XinFin account to be non-operational, and you would be incapable of transacting any activity utilizing your XinFin account until we get a valid, active primary email Id from you.
Account Balance and Withdrawals
If you possess XDC tokens in your account, XinFin will not use your tokens for its operating expenses or for any other corporate purposes. XinFin will not voluntarily make your tokens available to its creditors in case of bankruptcy.
You may withdraw XDC tokens from your Account anytime by converting tokens into your local currency and then transferring them electronically to your local bank account. This will close your account with XinFin.
Closure of Accounts
Your XDC account shall be closed, even after sending notice(s), if you are unable to furnish details required by XinFin to fulfill statutory obligations.
In the case of fraud or breach or violation of any of the terms mentioned herein will result in closure of accounts.
Under circumstances where you fail to provide suitable explanation despite service of notice by XinFin calling for accepting fraudulent transactions by you through the XinFin Services or unaccounted for transactions or suspicious transactions.
Liability & Damages
Under no circumstance or event, XinFin or its agents, contractors, licensors, suppliers or partners are liable to users/non-users for any kind of special, incidental, indirect, punitive, reliance, consequential or/and exemplary losses/damages (involving without limitation of lost trade opportunities, loss of expected profits, lost revenues or any kind of monetary or non-monetary damage or loss of any type or nature, whatsoever) coming out of and/or in relation to: (i) the given Agreement; (ii) the XinFin Services, the XinFin Platform or other reference site/platform/app/service; or (iii) Your use of site or incapability to avail the XinFin Services, the XinFin Platform (involving any and/or all materials and more) and/or other kind of reference sites/platforms/apps/services, even if XinFin or a XinFin authorized agent has been acquainted of the likelihood of such losses or damages. Under no circumstance, XinFin or/and any of the company’s directors, contractors, agents, employees, licensors, 3rd party partners or/and suppliers shall be liable/accountable to you for any losses, damages, liabilities, and reasons of action coming out of and/or in relation to: (i) the given Agreement; (ii) the XinFin Services, the XinFin Platform or other reference site/platform/app/service; or (iii) Your use of site or incapability to avail the XinFin services, the XinFin Platform (involving any and/or all materials) and/or other kind of reference sites/platforms/apps/services; or (iv) any other kind of interaction with XinFin, however caused & whether coming in agreement, tort involving warranty, negligence or otherwise. You verify and consent that XinFin has provided its services, stated its prices & came into the given Agreement in trust upon warranty disclaimers & limitations of loss/liability suggested herein, that warranty disclaimers & limitations of loss/liability suggested herein provide a fair and reasonable risk allocation between you & XinFin, and that warranty disclaimers & limitations of loss/liability suggested herein becomes a prime basis of bargain between XinFin and you. XinFin would be incapable of providing you services on a financially acceptable basis without the given limitations. The applicable law & regulation may not fully agree to limitation or/and exclusion of loss/liability or consequential or incidental damages, therefore the above mentioned limitations or/and exclusions will be applicable to you which is subject to the applicable law. It is in these scenarios, the liability of XinFin will be only limited to maximum extent allowed by the applicable law. XinFin shall remind you that this paragraph must/shall withstand termination of the given Agreement.
You as a user/non-user accept to indemnify, secure & hold XinFin & its contractors, affiliates, officers, employees, agents, directors and its 3rd party suppliers, partners and licensors harmless from all claims, damages, losses, and liabilities, expenses and costs, involving without limitation expenses and legal fees, coming out of and/or relating to: (i) Your usage or misusage of XinFin services and/or of XinFin platform, (ii) all violation done by you of the given agreement or (iii) any kind of breach of representations, covenants, and warranties done by you in the given agreement. XinFin reserves right, at your cost, to consider exclusive defense & control of all or any issues for you; are needed to indemnify XinFin, involving rights to resolve, & you accept to comply with XinFin’s defense & settlement of the claims. XinFin will use fair and acceptable efforts to keep you notified of all the claims, proceedings, or actions presented by a 3rd party which is subject to foregoing indemnification after knowing it. The paragraph must withstand termination of the Agreement.
The XinFin Services & the XinFin Platform are owned & operated by and/or 3rd party licensors. All the things including interfaces, design, graphics, information, compilation, computer code (involving object code & source code), software, products, services & other elements of XinFin Services & the XinFin Platform provided by XinFin (hereafter the Material) is safeguarded by the Indian copyright, patent, trade dress, trademark laws, specific intellectual property & proprietary rights, international conventions and all applicable laws. As XinFin & you, all trademarks, materials, trade names, and service marks included on XinFin platform are XinFin’s property and/or 3rd party suppliers or licensors. You accept not to obscure, remove, or alter XinFin and/or 3rd party’s copyright, trademark, patent or other kinds of proprietary rights notes attached to or included within or used together with or via XinFin Services/XinFin Platform, except if, XinFin expressly authorized it. You verify not to license, sell, distribute, modify, copy, display or publicly perform, transmit, edit, publish, adapt and create derivative things from, or otherwise make unauthorized use of Materials. XinFin reserves all rights not expressly granted in this Agreement. If you’ve got comments regarding the XinFin Services and/or the XinFin Platform or you have ideas or suggestions on how XinFin can improve it, kindly contact customer service. Please remember that by helping us, you hereby irrevocably assign to XinFin, and shall assign to XinFin, all rights, title and interests in & to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
Modification of the Agreement
XinFin retains the authority to alter, add, modify, or remove parts of the Agreement (each change and collectively, changes) whenever it wants/needs by updating the change in notification section on the XinFin Platform or otherwise sending out communication to you by notification. The alterations and updates will become operational, and must be considered to be acknowledged and abide by you after 24 hours of the prior posting and must apply from that moment on a regular basis in respect of your utilization of XinFin platform; using the XinFin services post the date of posting. If in case, you don’t agree with such changes, you have exclusive and sole rights to discontinue your utilization of XinFin Services/XinFin Platform. For certain changes, XinFin may be required under applicable law to give you advance notice, and XinFin will comply with such requirements.Your continued use of XinFin Platform following the posting of changes will mean that you accept and agree to the changes.
If any controversy, dispute or claim comes up under the Agreement or relating to XinFin Service or the XinFin Platform, involving any query about the validity, existence or termination of Agreement or/and terms & conditions (hereinafter Dispute), all the parties must utilize all fair endeavours to settle the Dispute peacefully. If all the parties involved are uncapable of settling the Dispute peacefully within a month of notice of the Dispute, XinFin may choose to settle any such Dispute through a binding arbitration by the Singapore International Arbitration Center as per provisions of laws of Singapore. The Dispute must be settled through an arbitrator who is appointed according to laws. The arbitration set must be in Singapore & language of the arbitration must be English. You or XinFin, either of the parties can seek any kind of interim and/or preliminary remission from court having capable jurisdiction in the place i.e. Singapore required to safeguard the right and/or property attached to you or XinFin (or any agents, subcontractors and suppliers of XinFin), waiting for the arbitration conclusion. All or any arbitration must be confidential & neither XinFin nor you may reveal the content, existence or outcomes of arbitration, except if demanded by law or for goals of enforcing arbitration award. The whole administrative fees & arbitration expenses shall be divided evenly between XinFin and you. In all cases of arbitrations, every party will acknowledge expenses of its lawyers & preparation.
Under no circumstance, provision given under the Agreement may get changed or waived except by written and signed statement by party against which this kind of waiver is decided to be exercised. The omission or failure by any of the parties at any point of time to exercise or need timely or rigid compliance to any of the provisions of the Agreement must not influence or damage that provision and/or other provisions in any manner or rights of any specific party hereof, in order to use itself of remedies, the party may possess with respect to any ensuing breach of the provision or any such other provision.
Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against XinFin must be resolved by a court having jurisdiction in Singapore. You agree to submit to the personal jurisdiction of the courts located within Singapore, for litigating all such claims or disputes. This Agreement shall be governed by the Singapore laws.