‹ User Agreement
Effective date: 23rd October 2020
Effective date: 23rd October 2020
This User Agreement is effective upon acceptance for those users who accept it through registration of a Coinbay account.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 including any law repealing and/or supplemental to the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Your use of https://coinbay.1ui.in (hereinafter referred to as “the Website”) and its related sites, services and tools are governed by the following terms and conditions as applicable to the Website.
For the purpose of the User Agreement, Registered User and wherever the context so require “You” shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as Registered User using the computer systems of the Website and accepted this electronic version/electronic record of the User Agreement and has allocated himself a unique identification user name (“User ID” and “Password”) to become Registered User.
As a Registered User, this User Agreement shall be effective and binding upon your ‘acceptance’. ‘Acceptance’ shall mean your affirmative action in clicking on ‘check box’ besides “I Agree to the Terms & Conditions” and on the “Complete Registration” as provided on the registration page. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and Coinbay Rules and Policies, please do not click on the “check box ” and on the ”Complete Registration” button and do not seek to obtain access to or otherwise use the Website.
By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by Coinbay Policies as provided from time to time in the following hyperlinks:
Coinbay is a marketplace that allows users to offer, sell and buy collectables in a variety of pricing formats and locations. The actual contract for sale is directly between the sellers and buyers. Coinbay is not a traditional auctioneer.
While we may help facilitate the resolution of disputes, Coinbay has no control over and does not guarantee the existence, quality, safety or legality of items listed; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
Use of the website is available to those who are/is registered with coinbay.1ui.in as a Member and be capable of forming legally binding relations under applicable law. Sellers must be the rightful owners or authorized by the owners of such property, a court of law, or through the power of attorney to sell an item. Sellers must produce evidence of ownership and/or authorization to sell an item.
Business entity registration
If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement and are in compliance with all applicable laws.
Your Account and Registration Obligations
If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You agree, inter alia, to:
1. Provide true, accurate, current and complete information about yourself as prompted by Coinbay’s registration form
2. You must not include any of your contact details such as email addresses etc. in your User ID while registering as Registered User.
3. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. In any event, including if you provide any information that is untrue, inaccurate, not current or incomplete or Coinbay has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Coinbay has at its sole, absolute and exclusive discretion, the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website. Coinbay is under no obligation to provide you with any reasons for any suspension, termination, refusal or blocking of access of your membership with the Website.
Fees and Services
Membership on the Website is free and is provided to you on a revocable license basis. However, before you list an item for sale/bid on an item through the Website, we request you to review our Fee and Payment Policy. Coinbay reserves the right to change its Fee and Payment policies from time to time. In particular, Coinbay may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event, Coinbay reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and Payment policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to/from Coinbay within the specified time.
You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses, duty etc. levied thereon.
Coinbay reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of fees by you to Coinbay. Coinbay also reserves the right to take legal action in case of non-payment of fees by you to Coinbay. Coinbay at its sole discretion reserves the right to collect or recover or settle any or all fees due and payable by you to Coinbay under your one or more accounts by deducting the amount owed from any of your account/s balance or by other collection mechanisms including, without limitation, by charging the other payment methods on file with us, retaining collection agencies and legal counsel, and instructing our payment partner to deduct the amount owed from your account with the payment partner.
Use of the Website
You understand and agree that the Website merely provides hosting services to its Registered Users and persons browsing/visiting the Website. All items advertised/listed and the contents therein are advertised and listed by Registered Users are third party user generated contents. Coinbay neither originates nor initiates the transmission nor select the sender and receiver of the transmission nor selects nor modify the information contained in the transmission. Coinbay has no control over the third party user generated contents.
You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
1. “Your Information” is defined as any information you provide to us in the registration (as Registered User), bidding, buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and publication of Your Information.
2. Your Information (or any items listed):
You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
(a) Belongs to another person and to which You do not have any right.
(b) Grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986 or any other law.
(c) Harm minors in any way.
(d) Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items.
(e) Violates any law for the time being in force.
(f) Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature or is fraudulent or a malpractice or restrictive trade practice in any way.
(g) Impersonate another person.
(h) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;
(i) Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
(j) Shall not be false, inaccurate or misleading.
(k) Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. Without prejudice to the generality of the above, Coinbay does not permit transactions outside of the categories that Coinbay has provided.
4. You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to offer for sale on the Website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products.
5. In the event that any transaction or attempted transaction relating to any item, good or service which is violative of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform Coinbay of the same. If you are a Registered User, you may contact Coinbay at https://coinbay.1ui.in/contact
6. You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Website through shell bidding or otherwise.
7. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to GST, Sales Tax/ VAT, Income Tax, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular, you shall ensure that if any of your items listed on the Website qualifies as an “Antiquity” or “Art treasure” as defined in the Act (“Artwork”), you shall indicate that such Artwork is “non-exportable” and sold subject to the provisions of the Arts and Antiquities Act, and shall ensure that it is not delivered to any Winning bidder/buyer (as defined under the Bidding and Buying section) at any place outside India. You shall also ensure that you shall not use the Website for dealing in securities in any way and that you shall be solely responsible for dealing in securities strictly in accordance with applicable laws.
8. From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over-emphasize the item-specifics of such items or services so as to mislead other Users in any manner.
9. You shall not attempt to or circumvent or manipulate our Fee structure, the billing process or Fees owed to Coinbay in any way, including direct sales or contacting the Potential/Existing buyer(s) and transacting directly without using Coinbay. If found so, the seller shall be removed/terminated from the website without any information/intimation.
Platform for Communication
The Website is only a venue where Users may meet and interact with one another for their transactions. Coinbay is not and cannot be a party to or control in any manner any transaction between two Users of the Website. Consequently:
1. All commercial/contractual terms are offered by and agreed to between buyers and sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after-sales services related to goods and services. Coinbay is merely enabling Buyers and Sellers to deliver the items and that such delivery agents are the agents of the buyers/sellers and not that of Coinbay in any way and that Coinbay shall not be responsible for the delivery, loss, damage, theft of such items bought and sold by the delivery agents. Coinbay does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers.
2. Coinbay is not responsible for any non-performance or breach of any contract entered into between Users. Coinbay cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. Coinbay shall not and is not required to mediate or resolve any dispute or disagreement between Users.
3. Coinbay does not make any representation or warranty as to the item-specifics (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website. In particular, Coinbay does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. Coinbay accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
4. Coinbay does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf.
5. Coinbay does not at any point of time during any transaction between buyer and seller on Website come into or takes possession of any of the goods or services offered by seller nor does it at any point gain title to or have any rights or claims over the goods or services offered by the seller to the buyer.
6. The Website is only a venue through which Users can reach a larger base to buy and sell items or services. Coinbay is only providing a platform for communication and it is agreed that the contract for the sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Winning bidder/buyer.
7. At no time shall any right, title or interest over the items vest with Coinbay nor shall Coinbay have any obligations or liabilities in respect of such contract. Coinbay is not responsible for the unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered by sellers are only for a restricted time and only for the available supply as offered by sellers.
8. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that you transact with.
9. You release and indemnify Coinbay and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have on this behalf under any applicable law. Notwithstanding its reasonable efforts on that behalf, Coinbay cannot control the information provided by other Users, which is made available on the Website. You may find other User’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe use when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretence.
Without limiting other remedies, Coinbay may limit your activity, immediately remove your information or bids, or end your listing, warn other Users of your actions, immediately temporarily/ indefinitely suspend or terminate or block Your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:
2. If Coinbay is unable to verify or authenticate any information you provide.
3. If it is believed that your actions may cause legal liability for you, other Users or Coinbay. Coinbay may at any time at its sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with Coinbay or use the Website in any manner whatsoever until such time that such User is reinstated by Coinbay.
Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, Coinbay reserves the right to recover any amounts due and owing by you to Coinbay and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
Bidding and Buying
All bids (under the Auction format) and all purchases (under the Buy Now format) on the Website are a firm commitment to purchase. If you are the purchaser/highest bidder for any item and your purchase/ bid is accepted by the seller (“Winning buyer”), you are obligated to complete the transaction with the seller.
An action to purchase or bids may be increased in relation to price or volume, but may not be withdrawn. Purchases/Bids cannot be concealed. By purchasing/bidding on an item, you agree to be bound by the conditions of sale included in the item’s description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or unlawful.
Coinbay strongly advises you not to test the Website with false bids/purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator or through any facility in any manner to bid. Wilfully entering erroneous or fictitious bids may result in prosecution by Coinbay.
Coinbay’s assistance in transactions
The seller is notified once the payment is made by the buyer. Coinbay reserves the rights to hold the amount till such time the buyer approves of receiving the item/s or 1 month from the date of payment, but not until the next payment cycle. After the 15th day, if the buyer fails to confirm/deny the receipt of the item/s, the sum will be transferred to the seller’s account and the buyer shall no longer be able to dispute the transaction or receive a full/partial refund.
Sellers will be paid at the beginning of every month for the sale of the preceding month with the flexibility of 2-3 working days. The payment will be calculated as follows:
10% Commission (or any promotional commission mutually decided between Coinbay and the seller) on the cleared Final Value (including the shipping costs) + GST on the commission charged.
As a registered member, you may list item/s for sale on the Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfilment of sales.
The listing description of the item must not be misleading and must describe the actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund all amounts that you may have received from the buyer. Make sure your listing follows these guidelines. If it doesn’t, it may be ended, and you may be subject to a range of other actions, including restrictions of your buying and selling privileges and suspension of your account. Coinbay is not involved in the shipping of the item(s).
The items are directly shipped by the seller to the respective buyer.
We encourage Registered buyers and sellers on the Website to provide feedback to each other after the transaction has closed, this helps all Users to know what it is like to deal with the said buyer/seller. After you conduct a transaction, if applicable, we encourage you to leave feedback for the buyer or seller that you dealt with. Please remember that you cannot retract the feedback once you have left it. Your feedback will be displayed along with your user ID. Coinbay will not be responsible for the feedback that you post on the Website and you should be careful about making comments that are not factual in nature and should not post defamatory or illegal or offensive/ obscene contents. You may not take any actions that may undermine the integrity of the feedback system. If you continue to receive negative feedback ratings, Coinbay reserves the right to suspend your membership, and you will be unable to list, buy or bid on the Website.
This feature/facility will be shortly available to all registered buyer and sellers.
When providing us with content, you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use the content and authorise us to exercise any and all copyright, trademark, publicity, database rights and other intellectual property rights you have in or to the content, in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property or publicity rights against us, our sub-licensees, or assignees.
To protect Coinbay from the risk of liability for your actions as a seller, Coinbay may restrict access to funds or put a hold in Nodal account(s) based on certain factors, including, but not limited to selling history, seller performance, returns, the riskiness of the listing category, transaction value, or the filing or pending for decision of a claim.
Authorization to Contact You, Recording Calls
You consent to receive auto dialled or pre-recorded calls and text messages from Coinbay at any telephone number that you have provided us or that we have otherwise obtained. We may place such calls and texts to (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; (vii) contact you with offers and promotions; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. Standard telephone minute and text charges may apply.
Coinbay may share your telephone numbers and other personal data or information with our service providers (such as Logistic Service Providers, billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under this User Agreement, our policies, applicable law, or any other agreement we may have with you. You agree these service providers may also contact you using auto dialled or prerecorded calls and text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes. Coinbay may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Coinbay or its agents for quality control and training purposes or for its own protection.
Privacy of Others; Marketing
If Coinbay provides you with information about another user, you agree that you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent, or distribute a user’s information to a third party for purposes unrelated to the Services. Additionally, you may not use the information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
Coinbay and its suppliers, affiliates and service provider provide the Website and services “as is” and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your own risk.
Limitation of Liability
In no event shall Coinbay or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence).
Coinbay’s liability in any circumstance is limited to the amount of fees, if any, paid by you to Coinbay for the specified or relevant period. Coinbay, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error-free and/or uninterrupted. Consequently, Coinbay assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
1. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or power outage/server failure.
2. Any interruption or errors in the operation of the Website. You expressly understand and agree that Coinbay shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Coinbay has been advised of the possibility of such damages).
You shall indemnify and hold harmless Coinbay and (as applicable) subsidiaries, affiliates, third parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement, Coinbay Rules and Policies or the documents they incorporate by reference, or your violation of any law, rules or regulations or the rights of a third party.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favour at the time of agreeing to this release.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Coinbay and you shall have no authority to bind Coinbay in any manner whatsoever.
If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement. This Agreement sets forth the entire understanding and agreement between You and Coinbay with respect to the subject matter hereof.
In Coinbay’s sole discretion, Coinbay may transfer its rights and obligations (also known as “assign”) under this Agreement without your prior express consent, provided that Coinbay assigns the Agreement on the same terms or terms that are no less advantageous to you.
If any dispute arises between you and Coinbay during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Coinbay. The place of arbitration shall be Haryana, Subject to Haryana jurisdiction. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
The User Agreement shall be governed and construed in accordance with the laws of India.
This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.