As used herein:
"Company", "VIPs Finstock", "Ourselves", and “We” refers to the owners, operators, employees, directors, officers, agents, insurers, suppliers, and attorneys of the Platform.
"Client", "Customer", "User", "You" and "Your" refers to you, including any person or a business entity whether any individual, firm, corporation etc.
"Party" refers to either You or Us and "Parties" refers to You and Us collectively, as the context may require.
"Virtual Currency" or "VCs" refers to cryptocurrencies, i.e., digital money, which is issued and usually controlled by its developers, and used and accepted among the members of a specific virtual community, including but not limited to Bitcoins, NEO, Ether, Litecoin, Ripple, Dash, etc. The usage of terms “Virtual Currency” or “VC” herein shall include only those virtual currencies that the Company in its sole discretion, decides to facilitate through the Platform.
You represent and warrant that you (a) are at least 18 years old and competent to form a binding contract under applicable law, (b) are an individual, legal person or other organization with full legal capacity and authority to enter into these Terms, and (c) have not previously been suspended or removed from using our Services and/or the Platform and /or any other platform owned / operated by the Company. If you are entering into these Terms on behalf of a legal entity of which you are an employee or agent, you represent and warrant that you have all necessary rights and authority to bind such legal entity.
1. About VIPs Finstock
1.1. VIPs Finstock is an online digital cryptocurrency exchange aggregation platform for Virtual Currencies also known as VC, tokens, digital tokens or cryptographic currency. The Platform provides access to an online digital assets exchange that currently facilitates:
1.1.1 online trading of VCs including their sale and purchase (either using fiat currency or another form of VC);
1.1.2 transfer of funds from a User’s Wallet into its linked bank account and vice versa, and;
1.1.3 online storage of VC owned by the Users
1.1.4 (the " Services ").
1.2. VIPs Finstock is neither the creator nor the administrator of any Virtual Currency. It merely acts as an aggregator and technology intermediary between the User and the various VC exchanges across the globe through external platforms and APIs.
2. User Registration
2.2. The information we request may include certain personal information, including, but notlimited to:
2.2.1 Personal Information like your name, address, telephone number, e-mail address, date of birth;
2.2.2 Government authorised identification card like PAN card, passport etc., as may be required by the Company;
2.2.3 User’s bank account details, such as the name of the bank, the account type, account number etc.
2.3. In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to update this information and keep it current at all times.
2.4. The Company may use your information to: a) provide Services; b) identify the User; c)process transactions; d) send periodic emails with updates, promotions, company news, and notices regarding changes to policies; e) customize, measure, and improve VIPs Finstock’s Service and the content of the Platform; f) ensure compliance with applicable laws and prevent potentially prohibited or illegal activities etc.
2.5. Notwithstanding anything contained in these Terms, the Company shall be free to transfer/disclose any information shared by the User with the Company, to a third party for provisioning of Services or as may be required under applicable laws. You authorize us to make the inquiries, whether directly or through third parties, that we consider appropriate, in our sole discretion, to verify your identity or protect you and/or us against fraud or other financial crimes, and to take action we reasonably deem necessary based on the results of such inquiries.
2.6. You hereby agree that You shall not use the Platform or our Service, in connection with any activity violating any law, statute, ordinance, or regulation of any jurisdiction. Further, You shall not exchange VCs using the Platform that are obtained through illegal / unlawful activities and You will also not use the Service to perform any illegal activity of any sort, in any jurisdiction, including but not limited to, money laundering, illegal gambling operations, terrorist financing, or malicious hacking.
2.7. Source of VCs exchanged by You is not known to VIPs Finstock and You hereby agree to ensure that it always comes from legitimate sources. You are required to notify VIPs Finstockimmediately of any unauthorized use of the Platform or Service or Your Account thatYou may become aware of, by way of an email addressed to firstname.lastname@example.org. The User who violates these Terms will get notified to the concerned authorities or get restricted fromaccessing the Platform and/or any other platform / service provided by the Company, atCompany’s discretion. Further, such Users violating these Terms shall also be held liable andresponsible for losses incurred by Company or any User of the Platform.
2.8. VIPs Finstock only acts as an information intermediary and a technology aggregator of various Virtual Currency exchanges. In case of any technical or manual error including but not limited to downtime and /or unavailability of on VIPs Finstock , the Company will take reasonable steps to restore the Platform. If such correction creates a liability on You, you will be required to incur that liability.
2.9. You hereby acknowledge and agree that you currently do not have more than one VIPs Finstock Account.
2.10. We have the right to disable your access to Your Account or any part of it, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms including without limitation applicable laws.
2.11. You are responsible for maintaining the confidentiality and security of Your Account, password, activities that occur in or through Your account and for restricting access to Your computer or mobile, as the case may be, to prevent unauthorized access to Your Account. You agree to accept responsibility for all activities that occur under Your Account or due to your failure to protect the password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if You have any reason to believe that Your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
3. User Wallet
3.1. Upon activation of your Account, we will provide you with a wallet service (“Wallet”).The Wallet will enable you to buy or sell VC along with a separate Wallet for receiving or storing the Virtual Currency. We reserve the right to refuse to execute any order and/or transaction initiated by you, if they are in contravention to the ‘Anti Money Laundering Policy’ or to comply with directions of appropriate enforcement authorities.
3.2. Terms of Wallet
3.2.1 A User can purchase VC either in exchange of another VC or in exchange of fiat currency i.e. INR (Indian Rupee) using VIPs Finstock’s partner exchanges through the Platform. Any denominated sale proceeds will also be credited into this Wallet, less the applicable Fee, in INR. You are not entitled to any interest on the funds held in the Wallet.
3.2.2 In order to purchase Virtual Currency on the Platform, you will be required to transfer fiat currency from your linked bank account to your Wallet. Your Wallet will reflect fiat currency transferred to it within 7 (seven) working days of such transfer being initiated, subject to any delays in the relevant banking channels and/or other legal impediments.
3.2.3 You may withdraw the funds held in your Wallet, by making a formal request to transfer such funds into the linked bank account, through the Platforms at any time (“Withdrawal Request”). The Company will endeavour to settle each Withdrawal Request within 7(seven) working days of such request being made, subject to any delays in the relevant banking channels and/or other legal impediments.
3.2.4 You are not permitted to transfer, store or receive any VC not supported by our Platforms. You acknowledge that the Company shall not be liable for any losses suffered by you in connection with your attempt to transfer, store or receive digital assets in contravention of this Clause and /or the Terms.
3.2.5 VIPs Finstock will process Wallet transactions according to your instructions. You accept and agree that we do not:
guarantee the identity of any user, receiver, or other party to a Wallet transaction. You are solely responsible for ensuring all transaction details are correct, and you should carefully verify all transaction information prior to submitting transaction instructions to VIPs Finstock; or
have any control over, or any liability in relation to, the delivery, quality or any other aspect of any goods or services that you may buy from or sell to any third party. VIPs Finstock shall not be responsible for, and will take no action in relation to, ensuring that any buyer or seller you transact with using your Wallet completes the relevant transaction or has the requisite authority to do so.
3.2.6 You are responsible for maintaining the confidentiality and security of Your Wallet and all activities that occur in or through Your Wallet and for restricting access to Your computer or mobile, as the case may be, to prevent unauthorized access to Your Wallet. You agree to accept responsibility for all activities that occur under Your Wallet whether initiated by you or not. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if You have any reason to believe that Your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
3.2.7 The Company may suspend the account, trading service, Your Account, Your wallets, deposit, and withdrawals due to unforeseen situations, change of law, force majeure or maintenance and you acknowledge that your access to the funds for the period of time may be limited or restricted and market conditions may differ on the completion of such events. You accordingly understand and acknowledge that the Company shall have no liabilities or obligations arising from such events beyond the control of the Company.
4.1. Staking penalty: VIPS Finstock will be charging the user a penalty fee in the case scenario where the user takes action for premature withdrawal for staking. Penalty charges for different tokens on total staking pool are:
4.1.1 VIPS Token: 5%
4.1.2 USDT: 5%
4.1.3 MTW: 20%
4.1.4 GSGT: 10%
5. Activities Prohibited on the Platform
5.1. VIPs Finstock has zero tolerance towards use of its Services for any illegal purpose. Any such abuse by any User shall result in forthwith restriction of access and reporting of such activities to concerned regulatory and statutory authorities. VIPs Finstock shall report all suspicious activities to the concerned authorities to ensure initiation of investigation and prosecution against You, if required.
5.2. In connection with your use of Services and/or Platform, You hereby agree that you will not:
5.2.1 violate (or assist any other party in violating) any applicable law, statute, ordinance, or regulation;
5.2.2 intentionally try to defraud (or assist in the defrauding of) the Company or any other User;
5.2.3 provide false, inaccurate, or misleading information;
5.2.4 trade taking advantage of any technical glitch, malfunction, failure, delay, default, or security breach;
5.2.5 take any action that interferes with, intercepts, or expropriates any system, data, or information;
5.2.6 partake in any transaction involving the proceeds of illegal activity;
5.2.7 attempt to gain unauthorized access to other user accounts, the Services, or any related networks or systems;
5.2.8 use the Services on behalf of any third party or otherwise act as an intermediary between VIPs Finstock and any third parties;
5.2.9 use the Services to engage in conduct that is detrimental to Company or to any other user or any other third party;
5.2.10 collect any user information from other users, including, without limitation, email addresses;
5.2.11 defame, harass, or violate the privacy or intellectual property rights of the Company or any other user; or
5.2.12 upload, display or transmit any messages, photos, videos or other media that contain illegal goods, pornographic, violent, obscene or copyrighted images or materials for use as an avatar, in connection with a payment or payment request, or otherwise.
5.2.13 In addition, you agree not to: a) use circumvention or obfuscating technologies to mask their IP addresses or to hide transaction details; b) create or circulate any technologies which violate, or which would facilitate other users to violate the terms hereof including for masking IP addresses or to obfuscate transaction details; c) misrepresent, misinform or misguide VIPs Finstock in any manner; d) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the internet.
5.3. VIPs Finstock reserve the right to investigate and/or take appropriate action against you in our sole discretion if you engage in prohibited activities or violate any other provision of these Terms or otherwise create liability for us or any other person. Such action may include, in our sole and absolute discretion, terminating your Account, reporting you to law enforcement authorities without providing any notice to you about any such report and confiscating any balance remaining in the Account which has been terminated.
5.4. Users are cautioned against undertaking any suspicious activity on or through the Platform or Services. In the event of any suspicious or large transactions being undertaken by you, VIPs Finstock shall have the right but not the obligation to verify such activity by sharing Your IP address and other KYC details with the relevant authority, and if required, suspend the transactions or freeze your access.
6.1. Trading on the Platform is subject to payment of a fee on each transaction executed / facilitated through the Platform.
6.2. The deposit of digital assets in the VIPs Finstock wallet is free of charge. Deposit of fiat currency through credit card, debit card, or net banking will be subject to a transaction fee. You may be charged a fee on the withdrawal of the digital asset from Your Wallet. Deposits and withdrawals of digital assets or fiat currency will be subject to such limit as may be notified on the Platform from time to time.
7.1. It is Your responsibility to determine, collect, report, and submit any/all taxes applicable to the payments and/or your digital assets you make or receive in connection with the use of the Platform and the Service to the appropriate tax authority. VIPs Finstock is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction undertaken via the Platform or Services.
8.1. You understand that VIPs Finstock collects information with respect to your VC wallet addresses, Transactions and your IP address. VIPs Finstock does not in any way obscure the information that it does request or obtain. Due to the inherent transparency of blockchains of VCs, transactions to and from the Platform and Services are public, and may be disclosed by Us, to any third party, including but not limited to government regulators.
8.2. Know Your Customer Requirements: We are committed to protecting our Users from fraud, scam and other such financial crimes. In order to prevent such activities, it is necessary to take measures to verify the identity of the customer and authenticity of the transactions. You agree to share personal information including, but not limited to, your name, e-mail address, contact information, Government issued ID etc as may be requested from time to time. The Know Your Customer (KYC) details may be requested by VIPs Finstock independently as per its own discretion or upon receipt of a request from a VC exchange or any law enforcement authority or under any law. The KYC information will be used, specifically for detection of money laundering, terrorist financing, fraud and various other related financial crimes through the VIPs Finstock Platform and / or Services. You also authorise us to make inquiries, either directly or through third parties, that are deemed necessary for this purpose. VIPs Finstock may also use third party services to collect User’s KYC information.
8.3. We may also place cookies on Your device while You access the Platform and/or the Services. Cookies collect User information including Platform usage, visits to the Platform and other User generated information. Cookies allow Users to navigate from page to page without having to re-login each time, count visits, and see which areas and features of the Platform are popular.
8.4. Any sensitive information in these cookies are encoded so that only VIPs Finstock can interpret the information stored on them. The cookies are placed for the following purposes:
8.4.1 Recognize You as a VIPs Finstock User,
8.4.2 Collect information about Your computer / mobile device to mitigate risk and help prevent fraud,
8.4.3 Customize Your experience, content, and advertising, and
8.4.4 Measure promotional effectiveness.
8.5. VIPs Finstock may also uses third party analytical tools to collect} data about the usage of the Platform or Services. The information collected} identifies the types and timing of actions taken, including installation,} registration, uploading, and certain types of navigation. All this information} is used internally for the purpose of understanding how the Platform is being} used and to improve the same.
8.6. You hereby agree and provide your consent to receive all communications at the telephone number and e-mail address provided, even if this telephone number is registered under DND/NCPR list under TRAI regulations. And for that purpose, you further authorize Company to share/disclose the information to any third party service provider or any affiliates, group companies, their authorised agents or third-party service providers.
9.1. The use of the Platform and the Service may entail the following risks:
9.2. Virtual Currency transactions are irreversible after they hit the network and once a transaction is initiated by you, it can neither be cancelled, modified nor reversed by Us.
9.3. The values of VCs are highly volatile and tends to fluctuate, due to which there may be an increase or decrease in the value of the VC You receive after conversion. VCs 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 VCs. It is also possible that the valuation and price of VC changes after the transaction has been initiated by You or while the transaction, and You are hereby advised of the same. Value of a VC is subject to market change, under no circumstance shall VIPs Finstock be liable for any such changes or fluctuations whether before, during or after the transaction.
9.4. VCs are as yet autonomous and largely unregulated worldwide system of value transfer between private parties. It is not backed by any government or commodities and hence may be susceptible to risks not generally associated with other forms of legal tenders.
9.5. As VC is digital asset managed by a peer-to-peer system of networks, there is also the risk of loss of confidence in VC trading. The valuation of VCs is based on a supply and demand economy model.
9.7. You should carefully assess whether your financial situation and tolerance for risk is suitable for buying, selling, or trading VCs.
10. Limited Right of Use
10.1. Unless otherwise specified, all content, design, graphic symbols etc (“Materials”) on this Platform 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 such Materials on any single computer solely for Your use, provided You keep intact all copyright and other proprietary notices. The trademarks, service marks, and logos of VIPs Finstock and others used in this Platform (" 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 Platform belong to Company. The Trademarks and Materials 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 website 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 legal actions and penalties.
11. Limitation of Liability
11.1. Users of this Platform are responsible for their actions in connection with the use of the Platform and/or Service.
11.2. VIPs Finstock is not responsible for the outcome, whether positive or negative, of any action performed by any of its Users within or related to the Platform / Service.
11.4. User shall not invest in VCs under any assumption of high earnings or profits. VCs being digital assets issued by private entrepreneurs are subject to market risks and volatile pricing, which may even render them worthless. Users are therefore cautioned of the inherent risks involved in procuring VCs.
11.6. In the event a User resides in any such jurisdiction where transactions in VCs is prohibited, Users shall not use the Platform and/or the Services to conduct any transaction in VCs. If such transgression is brought to the notice of VIPs Finstock, the Company shall forthwith restrict your access and use of the Platform / Service. Users are therefore duly warned against availing Platform and / or Services, where there is a specific ban against the transactions envisaged and offered by VIPs Finstock. The Parties agree that the Users shall be solely responsible for ensuring compliance with the above duty and responsibility to follow the laws of the country of residence and India.
11.7. These Terms are subject to confirmation by the Government of India, of the legality of dealing in VCs and in the event that the Government of India were to hold such dealing to be invalid or illegal in India, this agreement shall stand automatically terminated without further notice to User. VIPs Finstock has given full disclosure of the current Government and regulatory status with respect to VCs in India and the risk involved in dealing with or investing in the same. By accessing the Platform and/or the Services, You are deemed to have understood, agreed to and accepted the risk and costs with respect to the same including but not limited to loss / seizure of Your Wallet and/or VCs.
12. Financial Regulation and Advice
12.2. Our business model, and our Service, consists of facilitating the buying and selling of VCs in an unregulated yet responsible, international open payment system. The Service we provide is currently unregulated within India.
14. Additional Terms
14.2. VIPs Finstock has no control over the generation, distribution, retention, or termination of VCs. VIPs Finstock does not control market volatility of VCs. It merely acts as a technology intermediary for the services offered, which are more fully set out herein above.
14.3. VIPs Finstock does not provide any warranty of any kind, either express or implied. Services and the Platform and any information or content contained therein is provided on an “as-is” and “as available” basis. User avails of the Services and / or dealing in VCs does so at their own risk and with full disclosure of possible wiping out of the entire holding or valuation, in the event of the occurrence of any of the risk factors including but not limited to changes in regulatory or legal position in India or restrictions that may be placed on VIPs Finstock, it is hereby expressly declared that VIPs Finstock offers no warranty of any kind regarding the Platform or the Services or Your Account or Wallet.
14.4. Caution by RBI : The Reserve Bank of India (" RBI ") has issued multiple circulars cautioning users regarding the risks involved with respect to VCs. Users in India shall therefore avail of the Services and access the Platform subject to the above caution issued by the RBI and solely at their own risk.
14.5. Sanctions : By accessing and using the Services and / or the Platform and / or any part thereof, you represent and warrant that you are not on any trade or economic sanctions lists, such as the UN Security Council Sanctions list, designated as a “Specially Designated National” by OFAC (Office of Foreign Assets Control of the U.S. Treasury Department) or placed on the U.S. Commerce Department’s “Denied Persons List” , Cuba, Iran, North Korea, Crimea, Sudan, Syria. You are required to ensure that your jurisdiction permits lawful trading in VCs. In the event that it doesn’t, please discontinue the use of the Service or the Platform immediately.
14.6. Compliance with Applicable Laws : VIPs Finstock does not encourage the violation of any laws and cannot be held responsible for violation of such laws in any jurisdiction of the world. It is your responsibility to follow the laws of your country of residence and/or country from which you access this Platform or Services and shall indemnify VIPs Finstock from any breach of this obligation by you.
14.7. You acknowledge and agree that VIPs Finstock will have no obligation to provide you with any support or maintenance in connection with the Services.
14.8. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by VIPs Finstock or its suppliers. Neither these Terms(nor your access to the Services) transfer to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in the Terms. VIPs Finstock and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted herein whatsoever..
15.1. You may terminate this agreement with Us, at any time, following settlement of any pending transactions.
15.3. We may, in appropriate circumstances and at our sole discretion, initiate the above actions for any reason, including without limitation:
15.3.1 Attempts to gain unauthorized access to the Platform or providing assistance to others’ attempting to do so;
15.3.2 Usage of the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities;
15.3.4 Failure to pay or fraudulent payment for transactions;
15.3.5 Unexpected operational difficulties; or
15.3.6 Upon the request of law enforcement or other government agencies.
17.1. To the full extent permitted by applicable law, you hereby indemnify and hold-harmless VIPs Finstock, and its affiliates, officers, directors, agents, employees, and suppliers against any Losses, action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred from your use of the Platform and/or Service and/or from your violation of these Terms.
18. Modification of Terms
18.1. VIPs Finstock reserves the right to change, add or remove or modify the Platform, the Service, the Terms, or any content therein, at any time, with or without notice, in its sole discretion.