Carret24Carret
TERMS OF USE
Effective date - 28 June 2023
Part A. General
1. SCOPE: This site is owned and operated by Onyx Labs SRL and its affiliates (hereinafter "we", "us" "our"). By continuing to browse and use it, whether as a registered user or a guest, you agree to comply with and be bound by the present terms ("Terms") which also includes our Privacy Policy and AML-KYC Policy We reserve the right to modify, alter or update these terms from time to time and your usage of this site constitutes an agreement to be bound by such modifications, alterations, and updates. Certain specific products and services offered by us have separate terms and conditions relating to those services and you are required to read these Terms together with such service specific terms.
2. PURPOSE: This site is made available for those seeking to use certain services pertaining to virtual digital assets as they have been outlined in part E of this agreement.
3. ACKNOWLEDGEMENTS: You hereby acknowledge and agree that we are not a financial institution, bank, custodian, credit union, trust, hedge fund, broker or investment or financial advisor, and are not subject to the same laws, regulations, directives, requirements or fiduciary obligations applicable to such persons. You acknowledge and agree that no oral or written information or advice provided by us, our officers, directors, employees, or agents, nor any information obtained through our services, will or shall constitute investment, or financial advice. You are solely and exclusively responsible for all investment decisions made while using our services.
4. As part of any Services offered by Us, We do not under any circumstances hold Virtual Digital Assets (VDAs) on your behalf as a custodian, a trust or any other type of fiduciary arrangement. We are not an investment fund. The majority of all VDAs deposited by you through your Account are held by third-party entities, platforms, protocols or other similar undertakings (value-generating platforms), and shall not suggest or establish any form of custody relation between you and us. The VDAs shall at all times be owned by you subject to these Terms and applicable Laws.
5. RIGHT OF REGISTERED USERS: Registered users having an account with us or our affiliates get a personal, restricted, non-exclusive, non-transferable, non-sublicensable, revocable, limited licence to use our services, subject to the limitations and obligations outlined in these terms. Nothing here gives the user any right, title, or interest in the site or any intellectual property associated therewith.
6. RISKS: VDA markets entail certain inherent risks. By agreeing to these terms, you agree that we and/or our associates do not bear any responsibility for the losses you may incur by using the services on our site, whether our own or those of our affiliates and third parties. These risks include, but are not limited to, market risk, liquidity risk, legal risk, counterparty risk, risk of uninsured losses and risk of hacking and security weaknesses. You understand, acknowledge and agree that dealing or trading in Digital Assets are subject to market conditions and involve a high degree of risk. Price or value of Digital Assets is subject to constant and frequent fluctuations and you may accordingly suffer a partial or complete loss of funds owned by you in your account. You understand and acknowledge that We bear no responsibility or liability to you or any other person whatsoever for any losses or gains incurred in connection with your use of our Services.
Part B. Interpretation
7. "ACCOUNT" means the user account set up after registration on our site in accordance with part C of this agreement.
8. "AFFILIATE" means, in relation to either party, a direct or indirect subsidiary of the party, a holding company of the party, a company having common control and/or shareholding or any other subsidiary of that holding company.
9. "APPLICABLE LAWS" means the laws governing virtual digital assets in force in jurisdictions to which the user may belong, including, but not limited to, tax laws, counter terrorist financing laws, anti money laundering laws, data protection laws, intellectual property laws, economic sanctions laws, and norms of international commercial law conventionally followed by parties involved.
10. "APPLICABLE AUTHORITIES" refers to the authorities generally associated with or specifically invoked by or under applicable laws.
11. "AML/KYC" means anti-money laundering norms, including all laws applicable to the parties prohibiting money laundering or any acts or attempted acts to conceal or disguise the identity or origin of; change the form of; or move, transfer, or transport, illicit proceeds, property, funds, fiat, or VDAs, including but not limited to the promotion of any unlawful activity such as fraud, tax evasion, embezzlement, financial crime, bribery, cyber theft or hack, narcotics trafficking, weapons proliferation, terrorism, or economic sanctions violations.
12. "ASSOCIATES" means each of the respective shareholders, directors, officers, affiliates, employees, contractors, agents, partners, insurers, and attorneys who or that are acting or performing or has acted or performed services offered by us.
13. "CLIENT" ("you" and "your", "user") refers to you, the person who visits, interacts with, registers on, creates an account, or otherwise uses our site and/or services in any way.
14. "FIAT" means the currency of the client's country or jurisdiction that is designated as legal tender, circulated, customarily used, and accepted as a medium of exchange therein.
15. "REGISTRATION" refers to the processes outlined in part C in this agreement.
16. "REWARDS" means the benefits accrued to a user's wallet from using any of our services, whether in the form of VDAs, fiat, points or any combination of these.
17. "SERVICES" refers, in the context of this agreement, to the full range of services outlined in part E of this agreement.
18. "SITE" refers to the website hosted on the domain 'https://www.carret.in/', and includes all its applications ("apps"), interfaces ("APIs"), intellectual properties such as copyrights, marks and designs, information including terms and disclaimers, as well as extensions and plugins associated therewith.
19. "24Carret PROGRAM" refers to our service allowing users to gain benefits and Rewards by depositing/deploying VDAs owned by them and stored in their wallets, whether offered directly or indirectly through our affiliates, associates or third-parties.
20. "VIRTUAL DIGITAL ASSETS" (VDA) means a digital representation of value that functions as (i) a medium of exchange; (ii) a unit of account; (iii) a store of value, and/or (iv) other similar digital representations of rights or assets, which is neither issued nor guaranteed by any country or jurisdiction and does not have legal tender status in any country or jurisdiction, typically including blockchain-based assets or rights including sovereign cryptocurrency or virtual currency such as Bitcoin, Ethereum, etc.
21. "WALLET ADDRESS" means an alphanumeric identifier that represents a potential destination for a VDA transfer, which typically is associated with a user's VDAs Wallet.
22. "DIGITAL WALLET" means a software application (or other mechanism) that provides a means for holding, storing, and transferring VDAs, including a user's VDAs Address, VDAs balance, and cryptographic keys.
Part C. Account & Registration
23. ACCOUNT CREATION: You must create your account to avail our services. You can do this by registering directly with us by providing your email ID, phone number and other details as may be required and stipulated on our site from time to time. You will also be required to activate your account by following the AML/KYC processes specified on the site under AML Policy. You are responsible for safeguarding your account and agree not to disclose your password to any third party. You agree that you will be solely responsible for any activities or actions taken through your account. You also agree to immediately notify us of any unauthorised access or use of your account by writing to us at contact@carret.in. We reserve our right to initiate any action, including a legal action before a court or relevant law enforcement agencies, in case you impersonate or illegally access or attempt to access the user account belonging to any other person. You also agree that such registration requirements may be updated from time to time in order for us to keep up with changes in applicable laws, and we may therefore require additional information from you in order to keep your account active.
24. PERSONAL DETAILS: For purposes of registration you agree to share your name, photograph, contact details and any other additional information (such as source of funds and transaction history, etc.) as may be requested on our Site.
25. NO LICENCE: Activating or validating your account should not be construed as us granting you any license, allowing, permitting, encouraging or supporting your use of account or wallet for illegal, unlawful, fraudulent, unethical, or unauthorised purposes or to promote or facilitate any illegal, unlawful, fraudulent, unethical or unauthorised activities. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable laws, regulation, sanctions programs, legal process or request by applicable authorities.
26. RESTRICTED PERSONS AND RESTRICTED JURISDICTIONS: You are not permitted to or eligible to avail any of our Services if you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, Pakistan, Afghanistan, United States of America, People’s Republic of China, Russia or Syria or any country subject to UN Sanctions, United States embargo, the prohibited list of Financial Action Task Force (FTAF), the European Union (each a “Restricted Countries”), or if you are a person on the economic sanctions lists as published from time to time by applicable authorities (including, but not limited to the Office of Financial Sanctions Implementation (part of HM Treasury), the U.S. Commerce Department's Denied Persons List, Unverified List, or Entity List, or the EU financial sanctions regime) (a “Restricted Person”). Restricted Countries also include any country where the local laws do not allow us to offer all or any of our Services. Our Services are only available in jurisdictions where they may be legally offered as per applicable laws and regulations. We reserve our rights to accept or reject your registration request based on our assessment of your eligibility and documentation submitted by you as part of the registration process.
27. ADDITIONAL DETAILS: We may require you to re-submit the user details including KYC and related documents or may require you to furnish any additional details as part of our ongoing due diligence, due to any suspicious action, transaction or behaviour from your account or under the order or direction from any applicable authority or court having competent jurisdiction.
28. UNAUTHORISED ACCESS: You are responsible for keeping your electronic devices and user account and wallet safe and secure by adopting reasonable security practices and operational safeguards. You are required to take all reasonable steps to avoid any loss, theft, misuse or unauthorised access to your electronic device which may result in unauthorised access to your account or wallet through our site. We will not be liable for any loss, theft, compromise or unauthorised access to your electronic device or your user account, funds held in your wallet or associated bank account, card details or other source(s) of payment.
29. REPRESENTATIONS & WARRANTIES:
a. You represent and warrant:
i. that you have attained the age of majority and are competent to contract as per applicable laws;
ii. that if you are registering on behalf of any entity, you are legally authorised to enter into agreements on behalf of the entity as per applicable laws;
iii. that you are not a restricted person or a resident of any of the restricted jurisdictions as defined in these terms;
iv. that your use of our services will not violate any laws and regulations including licensing or approval requirements, anti-money laundering, terror financing, foreign exchange, privacy, data protection and other laws or regulations as applicable to you as per your jurisdiction;
v. that you will keep your account details up to date and will immediately inform us in case of any change in user information;
vi. that at the time of submitting the account registration, at the conclusion of the account activation, you are fully legally capacitated and are not under the influence of alcohol, drugs, psychoactive, toxic or other intoxicating substances;
vii. that you understand that your access credentials such as user name and password are confidential information and that you should not disclose such information to any third party. You also agree that you alone are responsible for taking necessary precautions to protect your own account and personal information;
viii. that you are providing true, accurate, current, and complete personal information at the time of registration and agree to maintain and keep such information up to date;
ix. that, if you are registering to use the site on behalf of a legal entity, (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organisation; and (ii) you are duly authorised by such legal entity to act on its behalf;
x. that you understand the risks, including but not limited to those outlined in these terms, associated with using the site, that you are not otherwise prohibited or restricted from using the site under applicable laws;
xi. that you have not previously been suspended or removed from using our services;
xii. that you will not use our site or services in order to conceal or disguise the origin or nature of proceeds of crime or terrorist financing, or to further any breach of applicable AML Laws or Counter-Terrorist Financing Laws, or to deal in any unlawful VDAs, fiat, property, funds, or proceeds;
xiii. that you will not use our site and/or services with anything other than the VDAs, fiat, rewards, points that have been legally obtained by you and that are stored in your wallet under your full control;
xiv. that you will not falsify or materially omit any information or provide misleading or inaccurate information requested by us in the course of, directly or indirectly relating to, or arising from your activities on the site including at registration or during administration or other due diligence processes, and that if any information provided to us becomes incorrect, you will promptly provide corrected information to us at the risk of account suspension;
xv. that you will accurately and promptly inform us if you know or have reason to know whether any of the foregoing representations or warranties no longer is correct or becomes incorrect.
Part D. Due Diligence
30. AML/KYC COMPLIANCE: We are committed to providing safe, compliant, and reputable services to identify, detect, prevent, and report on money laundering, terrorist financing, and other improper activities under applicable laws. Accordingly, we insist on a comprehensive and thorough user due diligence process implementation and ongoing analysis and reporting. Your account must promptly provide all information requested and necessary to satisfy such due diligence requirements and obligations as requested by us from time to time as per applicable laws.
31. INSTITUTIONAL INFORMATION: We may, in accordance with our AML and other policies, require you to provide any additional information before executing any transaction of deposit, withdrawal, or transfer of fiat or VDAs to, from, or through any financial or non-financial institution to facilitate the provision of our services, and if applicable, you must provide all information requested and necessary to satisfy due diligence requirements and obligations pursuant to applicable laws and the compliance policies related thereto. You agree to provide prompt documentation, information, or records requested by us at any time.
32. RETENTION OF INFORMATION: You agree that we may need to retain certain information, documentation, and records on file pursuant to applicable laws and our contractual relationships, and therefore we hereby expressly reserve the right to keep such information, documentation, and records for a reasonable time as governed by our privacy and data policies.
33. ENHANCED DUE DILIGENCE: We reserve the right to refuse registration to, to bar transactions from or to, or to suspend or terminate the administration of services as outlined in part H of these terms, subject to any limitations imposed by applicable laws. In lieu of refusing registration or ongoing administration of your wallet, we may perform enhanced due diligence procedures. At all times, you acknowledge that you may be subject to enhanced due diligence procedures in your use of the site and any service. If you decline to provide requested due diligence information or otherwise do not reply timely or substantively with the documentation or data requested, we have the absolute discretion to suspend or terminate your account and cease our services to you forthwith.
Part E. Services
34. We will create and provide a Digital Wallet associated with your Account once your Account gets verified and activated. We reserve our right to refuse to execute any order and/or transaction initiated by you, if they are in contravention to our policies, any Applicable Laws or any direction from any Applicable Authorities. Your Digital Wallet can store Supported VDAs and indicates details of your current holdings. You cannot use your Digital Wallet to hold or transact any Unsupported VDAs. List of our Supported VDAs are indicated on our Site and we will not be liable for any loss or damage caused to you if you attempt to transfer or hold any Supported VDAs in your Digital Wallet. We may modify the list of Supported VDAs for your Digital Wallet. In case we decide to stop supporting a particular VDA in the Digital Wallet, we will inform you and provide you a reasonable time to withdraw such VDA as available in your Digital Wallet.
35. You agree and understand that Digital Wallet Services are provided by third-party custody service providers, with their own applicable cybersecurity and data protection norms. We may be required to avail the services of our Affiliates and third-party service providers in order to facilitate, execute or settle any request/transaction on our Site including the services third-party exchanges/wallet providers or other digital asset service providers. You must familiarize yourself with their terms and policies, which may apply to you. You agree to not hold us liable for any loss caused to you due to a fault/malfunction in the services of such third-party custody service providers.
36. 24CARRET SERVICE: You hereby agree and acknowledge that 24Carret is offered on an 'opt-in' service and when you place your VDAs under 24Carret Service, the VDAs may be deposited/deployed by us on your behalf with any third party including but not limited to any other exchange, custodial service provider, liquidity pool, institutional borrower, and/or any staking/DeFi protocol(s). The User consents to and authorizes us to perform the necessary activities directly or through a third-party service provider. You hereby understand, acknowledge and accept the risks associated with such deployment including the risk of total loss of your VDAs deployed under 24Carret.
37. With respect to your VDAs deployed under our 24Carret service, you explicitly grant us, subject to these Terms and applicable laws, all rights of possession over your VDAs for the purpose of lending, rehypothecation, pledging, or otherwise transferring any amount of such Digital Assets, separately or together with VDAs of other Users, in order for us to render the Services to you. You agree and acknowledge that we may receive rewards or other compensation in administering your VDAs as an intermediary to which you have no claim or entitlement and you will not be able to exercise certain rights of ownership over the VDAs for the period that they are deposited through the Account. You may not have any legal remedies or rights in connection with our obligations to you as an intermediary and may not regain or recover possession of your VDAs deposited through your Account, including in the event that any third-party service providers with which we place your VDAs as part of the Services are unable to honor its obligations, as well as other events stipulated in these Terms.
38. You acknowledge that you exercise complete control over the selection of the tenure of 24Carret service prior to deploying any VDAs and no modification will be subsequently permitted once the VDAs have been deployed under 24Carret. No Rewards, as may be mentioned for a specific VDA, will be payable for deployed VDAs if they are redeemed or closed prior to the minimum tenure prescribed by us.
39. We have the sole discretion to decide, release or modify the list of VDAs accepted under 24Carret and may remove any particular VDA from being offered under 24Carret. In case we remove any VDA from the 24Carret product, disbursement of Rewards would be made on a pro-rata basis considering the tenure for which the VDAs were deployed.
40. The User acknowledges that any calculation pertaining to the Rewards would be calculated as a percentage of returns in virtual digital assets/token deployed and not in any Fiat. Rewards are dependent on various factors including but not limited to the yield offered by any third-party service providers and accordingly the Rewards offered under 24Carret are not guaranteed and are subject to fluctuations.
41. WITHDRAWALS: You may withdraw your VDAs deployed under the 24Carret Programme to your Digital Wallet depending on the term or tenure of the 24Carret Service as indicated on our Site at the time of deployment. We will process your withdrawal request within seven working days. You further agree that the use of such services and Rewards withdrawals may not always be fee-free due to operational and technical considerations. Once the VDAs are received in your Digital Wallet, you may withdraw your VDAs to the source wallet subject to our AML Policy and Applicable Laws and regulations.
42. In the course of processing and sending any withdrawals in VDAs, or when processing and receiving deposits, we may be required to share your user information with other contractual third parties or affiliates, including financial institutions, or as required under applicable laws or demanded upon a lawful request by any applicable authority. You hereby irrevocably grant full permission and authority for us to share this information with such contractual third parties, or as required under applicable laws or demanded upon a lawful request by any Government or Applicable Authorities and release us from any liability, error, mistake, or negligence related thereto.
Part F. Prohibited Uses
43. LIST OF PROHIBITIONS: You agree not to:
- a. Use the site or any services in order to disguise the origin or nature of illicit proceeds of, or to further, any breach of applicable laws, or to transact or deal in, any contraband VDAs, fiat, funds, property, or proceeds;
- b. Use the site or any of the services, approve, evade, avoid, or circumvent any applicable laws, including but not limited to AML-CFT norms, anti-corruption laws, and economic sanctions laws;
- c. Obtain financing on the site, or use any services, with anything other than fiat, funds, keys, property, or VDAs that have been legally obtained by you and that belong to you;
- d. Use the site or any services to engage in conduct that is detrimental to us or to any other site user, our affiliate or third party;
- e. Falsify any account, wallet, or registration information provided to us, impersonate another natural or legal person or misrepresent your affiliation with a natural or legal person;
- f. Falsify or materially omit any information or provide misleading or inaccurate information requested by us, including at registration or during the course of administering any services to you;
- g. Cause injury to, or attempt to harm, us, our associate, affiliate or any third party through your access to the site or any services;
- h. Have more than one account and more than one wallet on the site, or use any wallet on a one-time, ‘throwaway’ basis; any such additional wallets or one time ‘throwaway’ wallets may be terminated or suspended at our absolute discretion;
- i. Access the site or use any services utilising any virtual private network, proxy service, or any other third party service, network, or product with the effect of disguising your IP address or location;
- j. Violate, cause a violation of, or conspire or attempt to violate these terms or applicable laws in any way.
44. ACTION UPON PROHIBITED USE:
Any use as described in the above clause shall constitute a “Prohibited Use”. If we determine that you have engaged in any Prohibited Use, we may address it through an appropriate sanction, in our sole and absolute discretion. Such sanction may include, but is not limited to, making a report to any Government, law enforcement, or other applicable authorities, without providing any notice to you about any such report; confiscation of any fiat, funds, property, proceeds, or VDAs in any wallet that you have on the site; and, suspending or terminating your access to any services or Fiat, funds, property, or VDAs from any wallet or account related to you.
Part G. Limitation of Liability
- To the extent permitted by law, we will not be liable for any loss or damage caused to you through use of our Site or in relation to or on account of access or inability to access our Site or obtain any of our Services. We, our subsidiaries, affiliates, its shareholders, its directors, officers, employees, representatives, contractors, suppliers shall not be liable for any incidental, special, punitive, consequential or similar damages or liabilities whatsoever arising out of our Services, any performance or non-performance of Services or any product provided by us.
- VDAs, Fiat or other funds held in your Account may be targeted by hackers or malicious groups or organizations who may attempt to interfere with any transactions related to your VDAs through various means including malware attacks, distributed denial of service, consensus-based attacks, sybil attacks, phishing, smurfing and hacking. We will adopt and maintain a reasonable standard of security, however, we will not be liable to you for any loss or damage caused to you on account of any such attack or interference.
- We may engage the services of Third Party Service Providers in connection with the development, operation and maintenance of our Site and Services or onboarding and verification of customers. We shall not be liable for any suspension, halt or interruption of our Services through the Online Platforms where such circumstances arise or result from any interruptions, errors, default or otherwise by any such third parties.
- Notwithstanding any provision in this Agreement to the contrary, We shall not in any circumstances be liable for any loss, damage, liability, expense, fines or penalties or any other amount directly or indirectly caused by the use or operation of our Site or the introduction of viruses, worms or other destructive programs or any other commercial or economic losses, including such losses that arise out of or in connection with third-party cyber-attacks or unauthorized access or use of our Site or the loss of any Indian Rupees or VDAs that can be transferred, stored or traded on our Site and/or otherwise surrendered to the courts or regulators or other statutory authorities under the Applicable Laws.
Part H. Intellectual Property
45. GENERAL RESTRICTIONS ON IP USE: All materials and information displayed on our site constitute the intellectual property of us, our affiliates or third parties. You agree not to appropriate, copy, display, or use such property or other content without express, prior, written permission from their rightful owner, including without limitation, as a domain name, as social media profile/handle, on a website, in an advertisement, as or in connection with a phone number, as or in connection with an email address, in internet search results, in meta data or code, or in any other manner.
46. SPECIFIC RESTRICTIONS ON USE OF MARKS: Unless otherwise indicated, all designs, trade names, trade marks, domain names etc. (“marks”) on the site are owned exclusively by us. We reserve all rights in our marks. You agree not to appropriate, copy, display, or use our marks or other content without our express, prior, written permission.
47. LINKING: You may link to our site’s homepage or other pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without prior, express, written consent. The site may provide certain social media features that enable you to link, send communications, or display certain content from the site. You may use these features solely as they are provided by us. You may not establish a link from any website that is not owned by you, cause the site or portions of it to be displayed on or by any other site (for example, framing, deep linking, or in-line linking), or otherwise take any action with respect to the materials on the site that is inconsistent with any other provision of these Terms.
Part I. Termination & Disputes
48. DATA RETENTION: Should your account be terminated, the account and transactional information required for meeting data retention standards shall be stored in a manner and for a period determined by our data and privacy policies. In addition, if a transaction is unfinished during the account termination process, we shall have the right to notify your counterparty of the situation at that time. You acknowledge that a user-initiated account exit (right to erasure under GDPR or other equivalent regulations) will also be subjected to the termination protocol stated above.
49. SUSPENSION, TERMINATION AND CANCELLATION: We reserve the right to suspend, block, cancel or reverse a transaction and/or refuse to continue access to the Online Platforms are (even if even after funds have been debited from your User Account) if we discover that you are in breach of the Terms and Applicable Law. If your account is closed/ suspended/ cancelled/ deactivated, your Digital Assets or other funds will only be returned or allowed to be withdrawn upon payment of all outstanding charges to us and you may be required to produce your identity and other KYC documents and/or any additional details depending on the reason for closure / suspension / cancellation / deactivation. We also, in our sole discretion, may direct you to withdraw all your Digital funds within a reasonable period of time and subsequently close your account with us.
50. INDEMNITY: You agree to indemnify and hold us, our affiliates, subsidiaries, parent companies, contractors, licensors, and their respective directors, officers, employees, and agents (collectively, the “Indemnified Parties”) harmless from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of the services or conduct in connection with the services, (ii) your breach or our enforcement of these terms, or (iii) your violation of any applicable law(s), regulations of any jurisdiction or rights of any third party during your use of the services. If you are obligated to indemnify the Indemnified Parties, pursuant to this clause, we shall have the right, in our sole discretion, to control any action or proceeding and to determine whether we wish to settle, and if so, on what terms. To the maximum extent permitted by applicable laws, in no event shall the Indemnified Parties be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, property information, revenue or profits, whether it be for business or financial benefit) arising out of or in connection with the access and use of any services, any performance or nonperformance of the services or any other product, services or other items provided by or on our behalf whether under contract, statute, strict liability or other theory, except to the extent of a final judicial or arbitral determination.
51. DISPUTE RESOLUTION: You agree to first give us an opportunity to resolve any claims by contacting us on our website / mobile / desktop applications. If we are not able to resolve your claims within sixty working days of receiving the notice, you may seek relief through arbitration. Any dispute in connection with or arising out of your use of Our Services shall be adjudicated by a sole Arbitrator appointed with mutual consent of both the Parties in accordance with the provisions of Indian Arbitration and Conciliation Act, 1996 or any re-enactment or modification thereof. The seat of the arbitration will be at Bengaluru, India. The award of the Arbitrator shall be a reasoned award and shall be final and binding to the Parties. The Arbitration shall be conducted and the award shall be rendered in English language. This agreement shall be governed by the laws of India and any dispute in connection with or arising out of your use of our Services or Site shall be subject to the exclusive jurisdiction of the Courts at Bengaluru.
Part J. Miscellaneous
52. INDEPENDENT CONTRACTOR: We are an independent contractor and not your agent in the performance of these terms. The latter should under no circumstances be interpreted as evidence of an association, joint venture, partnership, or franchise between the parties.
53. FORCE MAJEURE: We shall not assume any and all risks and liability, in connection with any force majeure event, including acts of God, labor disputes or other industrial disturbances, electrical, telecommunications, hardware, software or other utility failures, software or smart contract system bugs or weaknesses, earthquakes, storms or other nature-related events, acts or orders of government, actions of the government, change of laws, introduction of new law, acts of terrorism or war, epidemic, pandemic, technological change, changes to any blockchain-related protocol, information security attacks on service providers, and fraud conducted by third parties, and such other similar events which are beyond Our reasonable control.
54. SEVERABILITY: If any portion of these terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
55. ENTIRE AGREEMENT: These terms constitute the entire agreement between you and us regarding the subject matter herein and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and us.