RMS Terms
By creating this Sub Account (as defined below), provided by Awlencan Innovations India Limited (“Awlencan India”) on the ZebPay Platform, You agree that You have read, understood, and accepted each of the terms (“Terms”) contained herein and agree to be bound by the same.
By accessing, creating or using this Sub Account, You acknowledge that you have read, understood, and agree to be legally bound by:
A. These Terms;
B. The ZebPay Platform’s Terms of Use, Privacy Policy, AML Policy, Futures Trading Policy, Risk Disclosure, all other policies referenced herein (“Platform Terms”); and
C. The Margin Facility Agreement executed between You and Awlencan India (the “Agreement”).
If You have objections to the Terms contained herein, or any part hereof, and/or if You do not agree to be bound by these Terms, or any part hereof, please do not access, create or use this Sub Account.
1. Definitions:
A. “Agreement” means the Margin Facility Agreement executed between You and Awlencan India which governs the commercial and operational terms of the Margin, including but not limited to, Assurance Amount, funding fee, repayment timelines, and liquidation parameters.
B. “Applicable Law” shall mean any and all applicable provisions of any (a) constitution, treaties, statutes, laws, codes, rules, regulations notifications, circulars, ordinances or orders of any Governmental authority which have the force of law in India, and (b) orders, decisions, injunctions, judgments, awards and decrees of agreements with any governmental authority and/or judiciary of India;
C. “Assurance Amount” means the assets deposited, pledged, blocked, or otherwise made available by You in favour of Awlencan India in the Primary Account, as security for Margin usage, including any additional or top-up amounts required for that purpose;
D. “Awlencan India” means Awlencan Innovations India Limited;
E. “Event of Default” shall have the meaning ascribed to the term in Clause 6(B) of these Terms;
F. “Margin” means the trading facility or leveraged exposure made available by Awlencan India to You in your Sub Account, against the Assurance Amount;
G. “Outstanding Balance” means all amounts owed by You to Awlencan India arising from or related to Margin usage, including utilised Margin, funding fees, settlement fees, penalties, and any other liabilities described in these Terms and the Agreement;
H. “Platform Terms” means ZebPay Platform’s Terms of Use, Privacy Policy, AML Policy, Futures Trading Policy, Risk Disclosure, all other policies referenced herein available at https://zebpay.com/in/legal-privacy#terms-of-use;
I. “Primary Account” means Your account on ZebPay Platform, where the Assurance Amount is placed or held;
J. “Sub Account” means Your account on ZebPay Platform, where the Margin shall be provided by Awlencan India; and
K. “You” shall mean users of the Sub Account on the ZebPay Platform, directly or indirectly.
2. General Provisions:
A. These Terms should be read together with the Platform Terms.
B. Capitalized terms used in these Terms but not defined herein shall have the meaning ascribed to such terms in the Platform Terms.
C. This Sub Account is a feature facilitated by Awlencan India to provide You the facility of a Margin against the Assurance Amount.
D. In case of any conflict between these Terms and the Agreement, the terms of the Agreement shall prevail.
3. Margin Facility:
A. Subject to these Terms and the terms of the Agreement including placing of the Assurance Amount in the Primary Account as required from time to time, Awlencan India may, at its discretion, make Margin available to You by crediting the Margin in your Sub Account.
B. You must at all times, maintain sufficient Assurance Amount, exactly as provided in the Agreement.
C. You acknowledge and agree that:
i. Assurance Amount may be held, utilised, or appropriated by Awlencan India to secure its interests in respect of the Margin.
ii. Awlencan India may commingle your Assurance Amount with its operational funds except where prohibited to do so by applicable law.
iii. Assurance Amount may be liquidated or applied to recover your obligations including Outstanding Balance.
4. Representations:
By accessing or using the Sub Account or the Margin facility, You represent and warrant on an ongoing basis that:
A. You are not prohibited under any Applicable Law from trading in crypto assets or using margin-based products.
B. No law, regulation, order, or contractual obligation restricts You from using the Margin facility.
C. All information, documents, declarations, and credentials provided by You to Awlencan India are true, complete, current, and not misleading.
D. You shall immediately update Awlencan India if any information provided by You to Awlencan India becomes inaccurate.
E. You shall not use the Margin facility for any unlawful, fraudulent, or prohibited activity, including but not limited to:
i. market manipulation,
ii. money laundering,
iii. violation of sanctions,
iv. financing of illegal activities,
v. transferring crypto assets to unlawful or high-risk wallets, platforms, or jurisdictions.
F. You have full authority and have obtained all required internal or third-party approvals (if any) to use the Margin facility and to provide Assurance Amount.
G. You are not in default under any agreement relating to financing, borrowing, collateral, or crypto asset trading
H. Except as disclosed, You are not subject to any investigation, litigation, regulatory action, or threat thereof that may affect:
i. Your financial condition,
ii. Your ability to perform obligations under these Terms, or
iii. legality of using the Margin facility.
I. You are not bankrupt, insolvent, unable to pay debts, or subject to any creditor arrangement.
J. You have not taken any action or suffered any event that may reasonably be expected to lead to insolvency or creditor intervention.
K. All Assurance Amount is legally owned by You, free from liens or encumbrances, and not subject to any competing claims.
L. You shall utilise the Margin only for the purpose of trading crypto assets on the ZebPay Platform and not for any other purpose whatsoever.
5. Covenants:
You agree, undertake, and covenant that, for as long as You use the Margin facility:
A. You shall fully comply with all Applicable Laws;
B. You shall maintain required Assurance Amount at all times, and refrain from withdrawing or attempting to withdraw Assurance Amount unless expressly permitted.
C.You shall not sell, pledge, assign, transfer, dispose of, or create any encumbrance over any portion of the Assurance Amount, except as expressly permitted under these Terms or the Agreement.
D. You shall pay all applicable taxes, duties, fees, or charges relating to the Your trades, crypto gains, liabilities, and use of the Margin facility.
E. You shall fully cooperate with Awlencan India for its:
i. KYC/KYB requests,
ii. AML reviews,
iii. risk assessments,
iv. source-of-funds inquiries,
v. transaction monitoring escalations.
You agree that your failure to cooperate may result in suspension and/or termination of your Sub Account.
F. You shall not use bots, scrapers, exploits, or any means to manipulate or cause any disruptions to the ZebPay Platform.
6. Events of Default:
A. Upon the occurrence of any Event of Default, and without limiting any rights or remedies available to Awlencan India under these Terms, the Agreement, or Applicable Law, Awlencan India may, in its sole discretion and in any sequence it deems appropriate, exercise one or more of the following actions:
i. suspend or terminate Your access to the Sub Account and Margin, or any related services;
ii. declare all Outstanding Balances immediately due and payable by You;
iii. apply, appropriate, debit, or liquidate the Assurance Amount, in whole or in part, in order to satisfy the Outstanding Balance or any portion thereof;
iv. take any further action it considers necessary for the protection of its rights, its systems, and/or the stability of the ZebPay Platform.
B. Without limiting the Agreement, Event of Default under these Terms include:
i. violation of Applicable Law by You;
ii. breach of any of Your obligations in these Terms;
iii. suspicious, fraudulent, or prohibited activity by You;
iv. operational behaviour by You that threatens ZebPay Platform’s security or integrity;
v. Your failure to comply with directions issued by regulators or enforcement authorities;
vi. You fail to restore, deposit, or maintain the required Assurance Amount within the specified timeframe after Your Assurance Amount level falls below the liquidation threshold defined under the Agreement;
vii. Your attempt(s) to sell, transfer, assign, pledge, encumber, dispose of, or otherwise exercise control over any part of the Assurance Amount in a manner not expressly permitted under these Terms or the Agreement; and
viii. Your entering or attempts to enter into any arrangement, composition, restructuring, or negotiated settlement with any of Your creditors, or commit any act that indicates, constitutes, or may reasonably be expected to lead to Your insolvency, bankruptcy, or inability to meet financial obligations.
7. Suspension or withdrawal of Margin facility:
A. Awlencan India may modify, suspend, or disable the Margin facility:
i. for maintenance or upgrades;
ii. due to market volatility or liquidity events;
iii. to comply with regulatory or law enforcement directives;
iv. for risk-management reasons; and/or
v. if your account behaviour indicates abnormal or unsafe activity.
You are not in default under any agreement relating to financing, borrowing, collateral, or crypto asset trading.
8. Indemnity
You agree to indemnify, defend, and hold harmless Awlencan India, its officers, employees, and affiliates against all claims, liabilities, penalties, costs, or losses arising from:
A. Your breach of these Terms;
B. Your breach of the Agreement;
C. violation of law by You;
D. your misuse or abuse of the Margin facility or Sub Account;
E. Your trading decisions and/or negligence.
9. Limitation of Liability:
To the fullest extent permitted by law, under these Terms:
A. Awlencan India is not liable for indirect, incidental, special, punitive, or consequential damages;
B. Awlencan India does not guarantee uninterrupted access to the Margin Tool;
C. Awlencan India is not responsible for market losses, volatility effects, forced liquidations, or collateral enforcement.
10. Modifications:
Awlencan India reserves the right to modify or change these Terms, or any part hereof, at any time and at its sole discretion. Any and all modifications or changes to these Terms will be effective at a date and time at which such modifications or changes are made hereto. As such, your continued use of Sub Account, including but not limited to any failure to close your Sub Account during the requisite notice period, acts as acceptance of the amended Terms.
11. Governing law and jurisdiction:
A. These Terms are governed by the laws of India.
B. You submit to the exclusive jurisdiction of the courts of Hyderabad, Telangana, India, in case of any disputes that may arise in respect of, or relating to these Terms.