Legal & Privacy

The ZebPay group of companies offers various ZebPay Services (as defined below) to Users (as defined below) through the ZebPay Platform (as defined below).

These Terms of Use are the terms on which a User may use the ZebPay Platform. Use of the ZebPay Platform includes accessing, browsing, or registering to use the ZebPay Platform. Please read these Terms of Use carefully before you start to use the ZebPay Platform.

1. Definitions and Interpretation

In this agreement, the following terms, unless the context otherwise indicates, will have the following meanings:

a) AML Policy means the anti-money laundering and countering the financing of terrorism policies and programs maintained by ZebPay.

b) Client Asset Account means the account opened by a User on the ZebPay Platform.

c) Client Funds means any and all crypto assets and fiat held in a User’s Client Asset Account.

d) Force Majeure  means and includes any event, cause, or circumstance (or combination therefore) beyond the actual, direct and reasonable control of ZebPay, including but not limited to (1) acts of god and natural disasters including fire, explosion, storm, flood, drought, earthquake, landslide, subsidence, structural damage, extreme weather, epidemic or pandemic, and any restriction imposed in connection therewith;  (2) war, threat of or preparation for war, hostilities, blockade, embargo, revolution, insurrection, civil war, civil commotion, riot, terrorism or threats thereof, and sabotage; (3) any law, order enactment, statutory direction, legislation, regulation, rule or ruling of any court of law or of any competent authority; (4) strikes, lockouts or other industrial action, or shortage of labour or materials; (5) interruption, degradation, failure or unavailability of telecommunications, Internet, network provider, cloud, hosting, data centre, server, power or other utility or third-party infrastructure services; (6) failure, malfunction, congestion, exploit or compromise of any equipment, hardware, software, system, network and/or protocol (including any blockchain network, smart contract, node infrastructure, consensus mechanism, bridge, wallet software or third-party API); (7) cyber-security incidents including viruses, malware, ransomware, phishing, spoofing, hacking, exploitation of vulnerabilities, denial-of-service attacks or any other unauthorised or malicious activity; (8) any act or omission of any third parties and/or events suffered or otherwise experienced by third parties including insolvency, cyber-security incidents, hardware and/or software issues, default, fraud, failure or regulatory action; and/or (9) any other event, cause or circumstance, whether similar or dissimilar to the foregoing, beyond the actual, direct and reasonable control of ZebPay. 

e) KYC means know your customer requirements as per the AML Policy.

f) Privacy Policy means the privacy policy maintained by ZebPay available at https://zebpay.com/legal-privacy#privacy-policy, as may be amended from time to time.

g) User or Client or You or Your means users of the ZebPay Platform or persons availing ZebPay Services (as defined below), directly or indirectly.

h) ZebPay means the relevant subsidiary or affiliate of Ohana DAO Pte Ltd (a Singapore entity), providing the relevant service under these Terms of Use. 

i) ZebPay Platform collectively means and includes ZebPay Android App, ZebPay iOS App (collectively, “ZebPay App”), ZebPay Web app (“Web version”) and ZebPay website “www.zebpay.com” (“ZebPay Website”), and all other web assets on the ZebPay.com domain, together with the ZebPay Developer Portal, Public APIs and secure authentication for Users (all either existing or available in the future).

j) ZebPay Services means the services offered from time to time on or via the ZebPay Platform.  

2. Risk Warning

You understand that trading in crypto assets involves a high degree of risk to Your capital. Crypto assets are subject to frequent fluctuations in value and exchange rates, and the value of crypto assets may increase or decrease at any time. Consequently, there can be a substantial risk that You lose money buying, selling, holding, or investing in crypto assets.  Trading in crypto assets may not be appropriate for all investors, and You should seek independent legal advice if necessary. Instances of security breaches, changes in regulations and government policies are always a possibility that may end up compromising the integrity or anonymity of the systems that produce crypto assets. By creating an account on the ZebPay Platform You represent and acknowledge that (A) You have carefully assessed Your financial standing and risk tolerance and also procured a legal advice; (B) You are aware of the risks associated with the transactions/trading of crypto assets; and (C) You shall assume all risks related to trading of crypto assets and ZebPay shall not be liable for any such risks or adverse outcomes (called by any name whatsoever). Actual or potential regulatory actions or enhanced regulatory scrutiny of crypto assets businesses may adversely affect our business, including our ability to offer all or part of the ZebPay Services.  As a result, such regulatory action or scrutiny may also adversely affect Your ability to access, use, transfer, withdraw, or exchange your Client Funds. Trading in crypto assets may result in total loss of Your investment for reasons mentioned in these Terms of Use and due to additional risks not listed or foreseen by ZebPay. 

3. General Information

a) These Terms of Use are a binding agreement between You and ZebPay as the operator of the ZebPay Platform.

b) By using any ZebPay Services made available through the ZebPay Platform, You agree that You have read, understood and accepted all the terms and conditions contained in these Terms of Use as well as our Privacy Policy.

c) These Terms of Use constitute a legally binding contract. You are required to carefully read these Terms of Use and related notices before using any ZebPay Services.

d) By registering, accessing, browsing or using the ZebPay Platform, You agree to the terms and conditions set out in these Terms of Use and our Privacy Policy.

e) If You disagree with these Terms of Use, AML Policy or our Privacy Policy, You shall not proceed to access, browse or initiate account registration with ZebPay or seek to acquire any ZebPay Services, it being understood that on the first instance/event of use of any ZebPay Services, You have unconditionally agreed to what is stated herein.

4. Anti Money-Laundering Disclaimer

ZebPay is committed to facilitating the global fight against money laundering and terrorist financing. In this regard, we endeavour to ensure our internal anti-money laundering and countering the financing of terrorism policies and procedures are consistent with international standards. You agree that any actions taken by ZebPay to comply with applicable laws and the AML Policy shall not be opposed by You.

5. Agreement Conditions

a) ZebPay reserves the right to modify or change these Terms of Use, or any part hereof, at any time and at its sole discretion. ZebPay will provide the required intimation of these changes to You. ZebPay also reserves the right to limit, change or completely stop the ZebPay Services; add, amend or remove provisions of these Terms of Use or features of the ZebPay Platform. We may, at our discretion, update the ZebPay Platform from time to time; however, we do not guarantee that the ZebPay Platform is or will be free of inadvertent errors or omissions.

b) Any and all modifications or changes to these Terms of Use will be effective at a date and time at which such modifications or changes are made hereto. As such, Your continued use of ZebPay Services, including but not limited to any failure to close Your account during the requisite notice period, acts as acceptance of the amended Terms of Use. For the avoidance of doubt, if You do not agree with any part of these Terms of Use or any such modification or change at any point in time, then You should close the Client Asset Account, withdraw all relevant Client Funds and cease using the ZebPay Platform in a timely manner.

6. Eligibility

a) To use the ZebPay Services, You must create a Client Asset Account by adhering to the KYC requirements provided below. If You fail to satisfy any KYC requirements, ZebPay will be entitled to either reject the creation of, or terminate the said Client Asset Account. By registering to use a Client Asset Account, You warrant that (A) You are a natural person who is at least 18 years old, or (B) a legal entity with full legal capacity to contract with ZebPay in accordance with these Terms of Use.

b) If You are an individual and not at least 18 years old, Your legal guardian shall be responsible for all consequences resulting from Your actions on the ZebPay Platform, and ZebPay shall have the right to cancel or freeze Your Client Asset Account in addition to filing claims against You and Your guardian for compensation/damages.

c) Each Client shall have one Client Asset Account only. Multiple Client Asset Accounts for the same Client will not be allowed. ZebPay reserves the right, at its sole discretion, to suspend or terminate such multiple accounts without prior notice to the Client.

d) Persons and/or residents of certain countries, including those on the Financial Action Task Force’s blacklist (as amended from time to time), are not permitted to use the ZebPay Services in any form (“Prohibited Jurisdictions”) either directly or indirectly. The list of these countries may be updated from time to time based on legal requirements and ZebPay’s internal risk assessment strategies.  Further, Clients who are visiting any Prohibited Jurisdiction should not attempt to access the ZebPay Services from the Prohibited Jurisdiction.

7. Prohibition of use

a) By accessing and using the ZebPay Platform, the Client acknowledges and declares that the Client is (i) not in breach of applicable laws and regulations, including but not limited to applicable regulations on anti-money laundering, anti-corruption, and counter-terrorist financing; and (ii) not on any trade or economic sanctions lists, including but not limited to lists circulated by the United Nations Security Council, US Department of the Treasury’s Office of Foreign Assets Control, the European Union, Her Majesty’s Treasury, the Hong Kong Monetary Authority or the Monetary Authority of Singapore. You may not use Your Client Asset Account to engage in the following categories of activity (“Prohibited Uses”). The specific types of use listed below are representative, but not exhaustive:

• unlawful activity;
• fraud;
• gambling;
• intellectual property infringement; 
• defamation; and
• abuse.

c) ZebPay reserves the right to choose markets and jurisdiction to provide the ZebPay Services, and may restrict or refuse in its discretion, the provision of ZebPay Services in certain countries or regions.

b) ZebPay shall, without prior notice, have the right to disable Your access to the Client Asset Account at any time, if in its reasonable opinion You have failed to comply with any of the provisions of these Terms of Use.

8. Description of ZebPay services or business activity

ZebPay currently provides the following ZebPay Services to Users. When You utilise any of the ZebPay Services, You acknowledge and agree that ZebPay does not set the prices of crypto assets.

1. a) OTC trading platform:

1. 1. The OTC Trading Platform Service is a service whereby ZebPay provides an online crypto asset trading platform via a sophisticated mechanism that facilitates over-the-counter trading of crypto assets.
2. 2. You are eligible to access ZebPay’s OTC Trading Platform (by whatever name called) once you have completed Your KYC verification at https://l2kyc.zebpay.com/auth/.
3. 3. You acknowledge and agree that confirmations received from You via Telegram and/or other forms of communication authorised by ZebPay’s OTC Trading Platform shall be valid proof of Your confirmations of trading activity. Further, the order(s) placed by You on ZebPay’s OTC Trading Platform shall remain active for a time period as may be prescribed by ZebPay from time to time, post which ZebPay shall have the right to invalidate the said order(s).
4. 4. Transaction fees are applicable to the User upon execution of an order.
5. b) QuickTrade:

1. 1. The QuickTrade feature is a service accessed through the ZebPay Platform whereby ZebPay enables instant transactions for crypto asset/fiat and crypto asset/crypto asset pairs. Users can buy or sell select crypto assets without the potential wait time normally associated with order matching on an open order book. This service consists of ‘Quick Buy’ and ‘Quick Sell’ options where the User can purchase or sell select crypto assets.
2. 2. To enable instant execution of User orders under this service, ZebPay pools liquidity from various sources. ZebPay is a technology enabler for its Users and makes available crypto assets for its Users. ZebPay has not created, and is not the administrator of, any crypto asset.
3. 3. Transaction fees are applicable to the User upon execution of a QuickTrade order. The User is required to maintain sufficient balances of fiat or the relevant crypto asset, as the case may be, for the execution of the relevant trade.
4. 4. By undertaking a transaction on QuickTrade, You agree and accept that ZebPay is not liable or responsible for any vagaries of trade on the platform or any losses that may be suffered as a consequence.
5. 5. Should a User utilize QuickTrade in consortium with other Users or accounts, with the intent of artificially modulating the price of a crypto asset, ZebPay reserves the right to withhold any transaction or value equivalent to such transaction. 
6. 6. Please note that even if the limit price is hit on QuickTrade, Your order might not always be filled. It all depends on market conditions and overall liquidity. In some cases, Your limit order might only be partially filled.

3. c) Crypto deposit/withdrawal:
4. This service enables Users to undertake deposits/ withdrawals of crypto assets supported on the ZebPay Platform, to the extent available and permitted. ZebPay may from time to time determine types of crypto assets that will be supported or cease to be supported. ZebPay reserves the right, at its sole discretion, to prescribe/modify minimum limits of deposits and/or withdrawals of crypto assets from time to time.
5. If a User deposits or attempts to deposit unsupported crypto assets to ZebPay, or deposits/withdraws crypto assets (a) to an incompatible/incorrect crypto asset wallet address or (b) via an incompatible crypto asset network, then the User may lose such crypto assets since the above said actions are beyond ZebPay’s control; ZebPay shall not be liable for recovery of the same and ZebPay shall have no other obligation in this regard whatsoever.

7. d) Wallet:
8. Wallet services comprise the online storage and custody of crypto assets supported on the ZebPay Platform for Users. Where the wallet services or any part thereof are provided through a third-party service provider, the User agrees that such third-party’s terms of service shall apply to the User. ZebPay shall not be liable for any loss caused to the User due to any fault, malfunction, insolvency, act, omission of, or security breach affecting such third-party custody service providers.

9. Provisions related to ZebPay Services

a) You must register and open a Client Asset Account.

b) You must always treat Your Client Asset Account information as confidential and must not disclose it to any third party. Any access to the ZebPay Platform or ZebPay Services through your Client Asset Account shall be considered as access by You, and You shall be solely responsible for any activity carried out in, by or through your Client Asset Account on the ZebPay Platform.

c) After registration of your Client Asset Account, as per the required process, You will be eligible to purchase, sell, send, receive or store crypto assets supported by the ZebPay Platform. You may be required to maintain a minimum balance of Client Funds in Your Client Asset Account before you initiate certain transactions. We reserve the right to refuse to execute any order and/or transaction initiated by you, if the same is in contravention of the AML Policy or to comply with directions of appropriate enforcement authorities.

d) Trading on and usage of the ZebPay Platform is subject to payment of applicable fees.  Details of the fees are available at https://zebpay.com/features/pricing. By performing a transaction through the ZebPay Platform, You hereby authorise ZebPay and/or its affiliates to execute the transaction as per Your instructions and to charge or deduct the applicable fees for the relevant ZebPay Services.

e) ZebPay strives to maintain the accuracy of information posted on the ZebPay Platform; however, it cannot guarantee the accuracy, suitability, reliability, completeness, performance or fitness for purpose of the content through the ZebPay Platform and will not accept any liability whatsoever for any loss or damage that may arise directly or indirectly from the content.

f) Information on the ZebPay Platform can be subject to change without notice and is provided for the primary purpose of facilitating Users to arrive at independent decisions.

g) All Users of the ZebPay Platform understand that there is a risk involved in executing transactions with other Users on the ZebPay Platform. ZebPay encourages all Users to exercise prudence and trade responsibly within their own means.

h) While ZebPay emphasises online interface security to ensure the continuity and security of ZebPay Services (announcements will be made in the event of downtime/maintenance), it will be non-accountable to Users for any Force Majeure event and all other reasonably unforeseeable circumstances.

i) ZebPay reserves the right (but is under no corresponding duty) to cancel, rollback or block transactions of any and all types on the ZebPay Platform in the event of abnormal transactions or based on the AML Policy.

j) ZEBPAY WILL NOT ASK FOR ANY PASSWORD OR PIN FROM ITS USERS EXCEPT WHEN THE USER ATTEMPTS TO LOGIN INTO THE ZEBPAY PLATFORM AND USE ZEBPAY SERVICES. ZEBPAY WILL ALSO NOT ASK USERS TO TRANSFER FUNDS THAT ARE NOT LISTED ON ITS OTC TRADING PLATFORM SERVICE.

k) By using the ZebPay Platform and ZebPay Services, You declare that all information provided by You to ZebPay is true, accurate and complete. 

l) You agree and understand that the underlying protocols of different crypto networks are subject to changes (each a “Fork”) which may result in more than one version of such network (each a “Forked Network”). You further agree and understand that Forks may materially affect the value, function, and/or name of the crypto assets held by You with ZebPay. In the event of a Fork, ZebPay may temporarily suspend any ZebPay Services in respect of the relevant crypto assets (with or without advance notice to you) and may determine, in its sole discretion, whether or not to support the Forked Network. Details of ZebPay’s position on such Forks are available at https://help.zebpay.com/support/solutions/articles/44001895103/, which may be subject to change from time to time.

m) ZebPay reserves the right, at its sole discretion, to add, modify, suspend, or remove any features (in whole or in part) of the ZebPay Platform at any time, with or without prior notice to the User. Certain features may be subject to service-specific disclaimers, and by accessing or using such features, the User acknowledges that they have read, understood, and agreed to such disclaimers. ZebPay and its affiliates shall not be liable for any losses incurred by the User arising from or in connection with the use of any such features.

10. User identity verification

a) With registration of a Client Asset Account on ZebPay, You agree to share personal information requested for the purposes of identity verification and other purposes permitted by applicable laws. This information is used specifically to identify the Client and for the detection of potential money laundering, terrorist financing, fraud and other financial crimes on the ZebPay Platform and to ensure that the Client and the Client’s trades are fully compliant with the AML Policy. ZebPay will retain Your personal information in accordance with the Privacy Policy and applicable law.

b) In addition to providing this information, to facilitate compliance with global industry and government standards for data retention, You agree to permit ZebPay to keep a record of such information for the lifetime of Your Client Asset Account plus a minimum of five (5) years after closing that account or the minimum period required by applicable law, whichever is later.

c) You also authorise ZebPay to make inquiries, either directly or through third parties, that are deemed necessary to verify Your identity or to protect You and/or ZebPay against financial crimes such as fraud, etc.

11. Client Funds

a) All relevant User fiat shall be in ZebPay’s bank account(s) or may be kept separate from money belonging to ZebPay in a user account, if required by applicable law and regulations, until such amounts are returned to a User, or become due and payable to ZebPay or are otherwise paid away or transferred in accordance with applicable law and regulations. 

b) By accepting these Terms of Use, and to the extent not prohibited by applicable law, a User hereby grants to ZebPay the authority to open and establish a ‘client account’, and a User agrees to grant ZebPay the right to control the Client Funds, whether they are held separately in a User’s account or commingled with other funds of ZebPay.

c) Pursuant to the right of control referred to in Clause 11(b) hereinabove and to the extent not prohibited by applicable law, ZebPay reserves the right to:

d) The withdrawal of fiat and crypto assets held by a User in their Client Asset Account shall be subject to regulatory and banking requirements as may be updated from time to time. Where banking support for fiat currency is unavailable, suspended or materially curtailed for any reason, ZebPay may, at its sole discretion, convert fiat balances in the Client Asset Account into one or more stable crypto assets.  

1. lend out or invest the Client Funds; and

2. retain to its own benefit the capital gains, interest or profits that may from time to time be generated from such actions, it being understood that no such capital gains, interest or profits shall be payable to You.

12. Know Your Customer (KYC) and onboarding

a) ZebPay adheres to KYC and related requirements as per the AML Policy. ZebPay may undertake remote KYC procedures and video onboarding, among other modes of performing KYC procedures.

b) The KYC procedures may be created or undertaken by any authorised representative/agency of ZebPay (such as a third-party KYC service provider) possessing all the relevant and necessary credentials to conduct the KYC procedures and due diligence in accordance with the AML Policy.

c) You are required to follow all on-screen instructions and adhere to all requirements for onboarding onto the ZebPay Platform.

13. Authenticity and self-responsibility of identity information

a) You must register for a Client Asset Account before using the ZebPay Platform via our standard application procedure. To register for an account, You must provide Your real name, email address and such other requested information including KYC documents.

b) Depending on certain conditions and in our sole discretion, ZebPay may refuse to open an account for You.

c) Where ZebPay, at its sole and absolute discretion, determines that the applicable law and regulations require ZebPay to report transactions with You to a competent authority, You must obtain and provide ZebPay with any information as ZebPay may require. You shall not be permitted to place orders unless and until it has provided the information required, and subject to clearance of the competent authority or other authority, as the case may be.

d) ZebPay shall carry out all the searches and enquiries that it deems appropriate to assess the Client’s identity and/or to carry out any anti-money laundering controls which may be required under the AML Policy. This information may also be used for the prevention of money laundering or terrorism financing as well as for the management of the Client Asset Account. You authorise ZebPay to use the information to perform the above checks in relation to these Terms of Use.

e) The identity verification information which may be requested can generally include but is not limited to: Full Name, Email Address, Nationality, Telephone Number, Government Issued ID/Passport, Date of Birth, Proof of address, Bank account details, photographs and images. Such other documents, as may be notified from time to time by ZebPay in accordance with applicable laws.

f) In providing this required information, You confirm that all such information is accurate and authentic. Post-registration, You guarantee at all times that the information is truthful, complete and updated in a timely manner with any changes. You must ensure that any identity verification or personal information and/or documents submitted by You belong to You. You are not permitted to create a Client Asset Account on someone else’s behalf.

g) If there is any reasonable doubt that any information provided by You is wrong, untruthful, outdated or incomplete, ZebPay shall have the right to send You a notice to demand corrections, remove relevant information directly, suspend or terminate all or part of the ZebPay Services to You.

h) You shall be solely and fully responsible for any loss or expenses incurred by You in the course of the use of any ZebPay Service if You cannot be reached through the contact information provided by You.

i) You hereby acknowledge and agree that You have the obligation to keep all information provided to ZebPay up to date if there are any changes.

j) ZebPay may or may not accept an application to become a Client in its absolute discretion, including (but not limited to) if the Client fails to pass the relevant appropriateness checks. If the Client application is accepted by ZebPay, the Client shall be notified of the same.

k) You may only start trading with ZebPay on the ZebPay Platform after the initial transfer of Client Funds is credited to the Client Asset Account and such transfer has been cleared.

l) ZebPay shall be authorised to act upon any digital instructions transmitted by You. In this connection, ZebPay shall be entitled to carry out any instructions or orders as per Your instructions.

m) You may request ZebPay to make payments by debiting the Client Funds to the extent cleared funds are available at the time of the request (electronically via the ZebPay Platform)

n) The initial transfer and any additional funds transferred by You shall be credited to You as the case may be, subject to the following conditions: (i) You are required to transfer Client Funds to ZebPay only from the bank account you have registered with ZebPay. ZebPay does not accept Client Funds from any other bank account of the Client or any third party account; (ii) ZebPay does not accept Client Funds in cash.

o) Any crediting or debiting of client fiat to or by You in respect of any transactions on the ZebPay Platform is net of any bank fees, commissions or other charges or costs (including any applicable taxes, including withholding taxes) and You hereby expressly authorise ZebPay to make any such deductions.

p) All gains, earnings, losses, costs and liabilities made or incurred by You under or in relation to any crypto asset or any service provided by ZebPay or otherwise in connection with these Terms of Use (including any fees charged by ZebPay) shall be credited or debited to You, as applicable.

q) You hereby expressly authorise ZebPay to deduct any such amounts from any Client Funds held by ZebPay on Your behalf.

r) You may, at any time, withdraw funds from Your Client Asset Account into Your bank account registered with ZebPay (‘Withdrawn Funds’) by submitting a request to ZebPay (‘Withdrawal Request’). The amount so requested must be available in Your Client Asset Account. ZebPay may, at its discretion, withhold payment (or deduct an amount from it, as applicable) if:

1. ZebPay is required by applicable law or regulations to deduct or withhold such payment; 

2. ZebPay has received any notice from law enforcement agencies regarding any suspected illegality in Your account;

3. KYC or additional requirements for enhanced KYC as may be required by ZebPay are pending compliance by You; or

4. there is an unresolved dispute between ZebPay and You in connection with these Terms of Use or any related contract in respect of such funds.

s) ZebPay will only pay Withdrawn Funds to Your bank account registered with ZebPay on the ZebPay Platform.

t) You shall withdraw Client Funds, to the extent permissible by applicable law or regulation or policy requirements, by submitting withdrawal requests to ZebPay using the withdrawal function on the ZebPay Platform. You shall be solely responsible for the safekeeping of the password/ PIN relating to the Client Asset Account on the ZebPay Platform, and You will be responsible for all activities relating to Your login and password/PIN. You hereby covenant that You:

u) ZebPay will not be responsible for any loss or consequences caused by Your failure to comply with the above terms and conditions.

1. will not share Your login or password/PIN details with any third party;

2. will notify ZebPay immediately if You are aware of any unauthorised use of Your login or password/ PIN by any person or any other violations of the Client Asset Account;

3. will strictly observe the security, authentication, dealing, charging, withdrawal mechanisms and/or procedures of the ZebPay Platform; and

4. will log out from the ZebPay Platform by taking proper steps at the end of every visit.

14. Representations, warranties and covenants of the Client

1. a) You represent and warrant to ZebPay that:

1. 1. You are an individual (natural person) who is at least 18 years old, or are deemed under the law of the country where you are located as a natural person having full capacity for civil rights and are capable of independently bearing civil liabilities;
2. 2. You have not been adjudged a bankrupt and/or have not entered into a scheme of arrangement with Your creditors (if any);
3. 3. Your conduct is not in violation of the law, public interests, public ethics,  or others’ legitimate interests;
4. 4. You will not evade the payment of taxes or fees and will not violate these Terms of Use and relevant laws and rules;
5. 5. all information and documents supplied by You to ZebPay are complete, true, accurate and are not misleading or deceptive in any respect;
6. 6. if You are a body corporate, unincorporated association, trust or other legal structure, You are validly existing in accordance with applicable law and regulations;
7. 7. You have entered into this agreement with ZebPay by means of these Terms of Use, and will enter into any transaction on the ZebPay Platform as a principal and not as another person’s agent or representative;
8. 8. You are not subject to any law or regulation preventing You from entering into this agreement or transactions on the ZebPay Platform. In this regard, You are not a resident of any other jurisdiction where it may be unlawful to access the ZebPay Platform  or utilise any ZebPay Services;
9. 9. You have obtained all necessary consents, licenses and authorisations and have full power and authority (in accordance with Your constitutional and organisational documents, where relevant) to enter into this agreement and all transactions on the ZebPay Platform;
10. 10. You will comply with all laws and regulations to which You are subject in relation to this agreement and any transaction contemplated by this agreement including, without limitation, all tax laws and regulations, exchange control requirements and registration requirements;
11. 11. These Terms of Use and any transactions entered into hereunder by You create valid and binding obligations which are enforceable against You in accordance with their terms including in the jurisdiction in which You are resident, and do not violate the terms of any law, regulation, order, charge, agreement or instrument by which You are bound or to which Your assets are subject;
12. 12. You are fully aware of the financial and other risks involved with trading in crypto assets under these Terms of Use and are willing and financially able to sustain a total loss of Client Funds resulting from the trading and transactions entered into on the ZebPay Platform;
13. 13. You have consistent and uninterrupted access to the internet and the email address, mobile number provided to ZebPay during the application procedure;
14. 14. You will act in accordance with applicable law and regulations regarding market abuse, manipulation or misconduct, insider trading or dealing and similar offences, as applicable;
15. 15. You must maintain sufficient Client Funds in your Client Asset Account before initiating any order and/or transaction. In case you have insufficient funds in Your account,
16. Your order will not be placed. You are solely responsible for payment of any taxes that may arise in connection with Your use of ZebPay Services or upon the trading of crypto assets.
17. 16. You will not alter, distort or otherwise manipulate the relevant market or underlying details in relation to a transaction entered into under this agreement;
18. 17. You will promptly notify ZebPay of the occurrence of any event of default or potential event of default or any other breach of this agreement;
19. 18. You acknowledge ZebPay does not exercise any control over the market price or volatility of the crypto assets and that the contract for sale of any of the crypto assets shall strictly be a bipartite contract between the seller and the buyer;
20. 19. You acknowledge that ZebPay may enable or assist the Client to access, interact with, and/or purchase services from several supported platforms and other third parties via third-party websites or applications (collectively, “Third-Party Services”). Such Third-Party Services are not under the control of ZebPay; ZebPay does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services and is not responsible for any Third-Party Services. You undertake that You use all Third-Party Services at your own risk, and You should apply a suitable level of caution and discretion in doing so. Any use of Third-Party Services is governed solely by the terms and conditions of such Third-Party Services and any contract entered into, or any transaction completed via any Third-Party Services, is between you and the relevant third party, and not with ZebPay. You shall comply in all respects with all applicable terms of the Third-Party Services that you access or subscribe to in connection with the Services. If at any time any Third-Party Services cease to make their programs available to us on reasonable terms, we may cease to provide such features to you without entitling you to refund, credit, or other compensation; and
21. 20. If You violate the foregoing promises and/or other terms and conditions of these Terms of Use in any manner resulting in any legal consequences, You shall independently undertake all of the legal liabilities in Your own name and indemnify ZebPay from all actions, claims, losses or costs arising from such violation.

2. b. You will not use any data or information displayed on the ZebPay Platform for commercial purposes without ZebPay’s prior consent.
3. c. You will use the ZebPay Platform in accordance with these Terms of Use and the Privacy Policy, without taking acts of unfair competition nor attempting to intervene with the normal operation of ZebPay. Examples of such malicious acts include, but are not limited to:

1. 1. using a device, software or subroutine to interfere with the ZebPay Platform;
2. 2. overloading network equipment with unreasonable data loading requests; and/or
3. 3. executing malicious sales or purchases on the market.
4. d. By accessing any of the ZebPay Services, You agree that ZebPay shall have the right to unilaterally determine whether You have violated any of the above covenants and take action without receiving Your consent or giving prior notice to You. Examples of such actions include, but are not limited to:
5. – block and close order requests;
6. – freezing the Client Asset Account;
7. – reporting the incident to authorities;
8. – publishing the alleged violations and actions that have been taken; and/or
9. – deleting any information You published that is in violation.

5. e) You consent to the ZebPay Platform’s AML and KYC checks and procedures and ZebPay reserves the right to (i) withhold the refund of any monies and crypto assets; and/or (ii) deny access to the ZebPay Platform, before all necessary procedures have been vetted and consent is formally authorised for You to access the ZebPay Platform.
6. f) Without prejudice to the aforesaid, any Client Funds will be ‘frozen’ until the relevant procedures are completed and under no circumstance may they be ‘exchanged’ or ‘withdrawn’.
7. g) If Your alleged violation causes any losses to a third-party, You shall solely undertake all the legal liabilities in Your own name and hold ZebPay harmless from any loss, fine or extra expenses. If, due to any alleged violation ZebPay incurs any losses, is claimed by any third party for compensation or suffers any punishment imposed by any administrative authorities, You will indemnify ZebPay against any losses and expenses caused thereby, including legal fees on a full indemnity basis.
8. h) You acknowledge and agree that the above representations and warranties have been a material inducement to the decision of ZebPay to permit You to open an account with ZebPay and trade on the ZebPay Platform.
9. i) In case of any abnormal behaviour, fluctuation or delay in transactions beyond ZebPay’s control, ZebPay shall not be liable to You.

15. Intellectual Property Rights

a) Unless otherwise specified, all logos, information, text, graphics, or other materials uploaded by ZebPay, which appear on the ZebPay Platform for other users to access (“Content”), are the property of ZebPay and/or its affiliates and are protected under copyright, trademark and other applicable laws.

b) All logos, trademarks, service marks and logos of ZebPay and/or its affiliates and others used or displayed on the ZebPay Platform (“Trademarks”) are the property of ZebPay or its relevant affiliate (as the case may be). You may not copy, imitate or use them without our prior written consent.

c) You shall not reverse engineer or disassemble any part of the ZebPay Platform for any reason whatsoever. Any such action shall amount to a material breach of these Terms of Use and may result in ZebPay terminating the defaulting Client Asset Account.

d) The ZebPay Platform may in places include third party intellectual property including the software used for creating or distributing crypto assets. ZebPay does not own any rights to such third-party IP and is bound by the license terms for such IP and by virtue of these terms You shall also be bound by the said license terms.

16. Disclaimer of Warranties

a) ZebPay will provide access to the ZebPay Platform on an “as is” and “commercially available” condition and to the maximum extent permitted by law does not offer any form of warranty with regard to the ZebPay Platform’s reliability, stability, accuracy and completeness of the technology involved. The ZebPay Platform serves merely as a venue of transactions where crypto assets information can be acquired, and crypto assets transactions can be conducted. The contents of the ZebPay Services or the ZebPay Platform may contain bugs, errors, problems or other limitations. ZebPay assumes no liability or responsibility for any errors or omissions in the ZebPay Services or the ZebPay Platform.

b) You expressly acknowledge and agree that use of the ZebPay Services and the ZebPay Platform is at Your sole risk. ZebPay cannot control the quality, security or legality of the crypto assets in any transaction, truthfulness of the transaction information, or capacity of the parties to any transaction to perform their obligations. You must carefully consider the associated investment risks, legal status and validity of the transaction information and investment decisions prior to your use of the ZebPay Platform.

c) ZebPay makes no warranty that the ZebPay Services or the ZebPay Platform will be uninterrupted, timely, accurate or reliable; nor do we make any warranty as to the permanent availability of any information and/or that may be stored or transferred through the ZebPay Services or the ZebPay Platform. You understand and agree that any material and/or data downloaded or otherwise obtained through use of the ZebPay Services or the ZebPay Platform is done at Your own discretion and risk and You will be solely responsible for any damage to Your computer system or phone or any other device or loss of data that results from the download of such material or data.

d) ZebPay is not responsible for any content uploaded by You on the ZebPay Platform. We are not responsible for any direct or indirect damages or losses caused to you, including without limitation, lost profits, business interruption or other loss resulting from use of or reliance in any way on anything available on the ZebPay Platform. It is solely Your responsibility to evaluate the accuracy, reliability, completeness and usefulness of Content available on the ZebPay Platform that is used by you.

e) ZebPay does not provide investment and financial advice to its Clients. The Content on the ZebPay Platform is provided for general information only and is not intended to, and does not amount to, investment advice. By giving its approval, consent, advice or information about any matter dealt with by these Terms of Use or in respect of ZebPay Services, ZebPay does not create, make or give any warranty, representation or undertaking about any circumstances relating to the subject matter of the consent or approval.

f) ZebPay will not be liable for any loss or damage caused to Your computer equipment, computer programs, data or other device caused by any cyber-security incident including a virus, malware, ransomware, denial-of-service attack, distributed denial-of-service attack, or other technologically harmful material. You must use Your own virus protection software. ZebPay does not guarantee that the ZebPay Platform will be free of viruses, trojan horses or other code that manifests contaminating or destructive properties.

17. Limitation of liability

1. a) Release of Liability

1. 1. If You have a dispute with one or more Users of the ZebPay Platform, You agree that neither ZebPay nor its affiliates or service providers, nor any of its or their respective officers, directors, agents, joint venturers, employees, consultants and representatives will be liable for any claims, demands and damages (actual and consequential) of any kind or nature arising out of or in any way connected with such disputes.
2. 2. ZebPay, its affiliates and its and their respective officers, directors, agents, joint venturers, employees, consultants, agents and representatives (collectively, “ZebPay Indemnified Persons”), will not be liable for any loss caused to You due to discontinuation of any crypto assets that are being offered through the ZebPay Platform.
3. 3. ZebPay and ZebPay Indemnified Persons shall not be liable for any disruption of service, whereby You are denied access to Your crypto assets.
4. 4. ZebPay and ZebPay Indemnified Persons shall not be liable for any loss caused to You through loss of any crypto asset stored on Your Client Asset Account for any reason whatsoever, save and except due to a wilful and malicious commission or omission by ZebPay and/or ZebPay Indemnified Persons directly resulting in such loss.
5. 5. ZebPay and ZebPay Indemnified Persons shall not be liable for any loss, damage, cost or expense suffered or incurred by You to the extent caused or occasioned by a discontinuation, alteration, suspension or termination of any part of the services offered on the ZebPay Platform or any Force Majeure event or any change in applicable law with respect to crypto assets.
6. 6. ZebPay and ZebPay Indemnified Persons shall not be liable for any loss caused to You due to fluctuations in the prices of crypto assets. You acknowledge and agree that prices of crypto assets are set by the market forces of supply and demand. ZebPay does not guarantee profits from sale or purchase or transfers of crypto assets. ZebPay and ZebPay Indemnified Persons shall not be liable for any loss caused to You for suspension, cancellation or termination of a Client Asset Account, including on account of a violation by such User of any of the terms of these Terms of Use, the Privacy Policy or any applicable law. You agree that ZebPay and ZebPay Indemnified Persons will not be liable to You or to any third party for termination of the Client Asset Account or for restricting access to the ZebPay Platform, which shall be at the sole discretion of ZebPay.
7. 7. You shall not be entitled to any damages from ZebPay and/or ZebPay Indemnified Persons for any reason whatsoever including but not limited to consequential or compensatory damages for any reasons including suspension, cancellation or termination of the Client Asset Account or for cessation of any or all services on the ZebPay Platform. You shall only be entitled to refund / recovery of the crypto assets and client fiat credited to You, subject to deductions of amounts owed to ZebPay and/or its affiliates (as the case may be) and other legal, regulatory or statutory dues or those stipulated under applicable law, and to the permissibility of such refund or recovery under applicable law.
8. 8. In the event that any crypto assets credited to a Client Asset Account are seized, or ZebPay is unable to access or return the same to User, ZebPay and ZebPay Indemnified Persons shall not be held liable or responsible for the same. You are cautioned to avail Yourself of the ZebPay Platform and ZebPay Services subject to the above risk. At no point in time will ZebPay or ZebPay Indemnified Persons be held liable for any claims whatsoever for cessation of services or termination of any part of the ZebPay Platform or any disruption with respect to access to any Client Asset Account.
9. 9. All claims by You shall be limited to the crypto assets and fiat standing to Your credit in Your Client Asset Account, subject to the above mentioned conditions.
10. 10. Subject to applicable law, ZebPay and ZebPay Indemnified Persons shall not be liable for any incidental, special, punitive, consequential or similar damages or liabilities whatsoever arising out of the use of the ZebPay Services, any performance or non-performance of ZebPay Services or any product provided by ZebPay and/or its affiliates, whether under contract, statute, strict liability or other theory even if ZebPay and/or its affiliates are advised of the possibility of such damages.
11. 11. To the maximum extent permitted by law, THE MAXIMUM CUMULATIVE LIABILITY OF ZEBPAY AND ZEBPAY INDEMNIFIED PERSONS IN ANY EVENT, FOR ANY CLAIM, DAMAGES, TORT SHALL BE LIMITED TO THE MONIES ACTUALLY RECEIVED FROM THE USER, AS CONSIDERATION OR FEES FOR THE SERVICES RENDERED BY ZEBPAY IN RELATION TO THE APPLICABLE TRANSACTION TO WHICH THE CLAIM RELATES. IF THE CLAIM DOES NOT RELATE TO ANY TRANSACTION IN PARTICULAR, THEN ZEBPAY’S AND ZEBPAY INDEMNIFIED PERSONS’ MAXIMUM CUMULATIVE LIABILITY SHALL BE LIMITED TO THE CRYPTO ASSETS ACTUALLY RECEIVED FROM THE USER, AS CONSIDERATION OR FEES FOR THE SERVICES RENDERED BY ZEBPAY IN RELATION TO THE TWO TRANSACTIONS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM IS MADE BY THE USER.

2. b) No Liability for Breach
   ZebPay and ZebPay Indemnified Persons will not be liable for any breach of these Terms of Use, where the breach is due to abnormal and unforeseeable circumstances beyond ZebPay’s and/or its affiliates’ direct and reasonable control, the consequences of which would have been unavoidable despite all effects to the contrary, nor is ZebPay or ZebPay Indemnified Persons liable where the breach is due to the application of mandatory legal requirements.
3. c) Limitation of loss
   Without prejudice to the generality of the foregoing, in no event shall ZebPay and ZebPay Indemnified Persons be liable for any of the following types of loss or damage arising under or in connection with these Terms of Use or otherwise:

1. 1. any loss of profits or loss of expected revenue or gains, including any loss of anticipated trading profits and/or any actual or hypothetical trading losses, even if we are advised of or knew or should have known of the possibility of the same;
2. 2. any loss of or damage to reputation or goodwill; any loss of business or opportunity, customers or contracts; any loss or waste of overheads, management or other staff time; or any other loss of revenue or actual or anticipated savings, even if we are advised of or knew or should have known of the possibility of the same;
3. 3. any loss of use of hardware, software or data and / or any corruption of data; including but not limited to any losses or damages arising out of or relating to any inaccuracy, defect or omission of crypto asset price data; any error or delay in the transmission of such data; and / or any interruption in any such data;
4. 4. any loss or damage whatsoever which does not occur directly from our breach of these Terms of Use; and/or
5. 5. any loss or damage whatsoever which is in excess of that which was caused as a direct result of our breach of these Terms of Use (whether or not You are able to prove such loss or damage).

4. d) You acknowledge and agree that any and all claims, demands, liabilities or proceedings that You may have arising out of or in connection with these Terms of Use or any ZebPay Service shall lie solely against the specific ZebPay entity providing the relevant ZebPay Service, and You agree not to bring or pursue any such claim, demand or proceeding against any affiliate. Each such affiliate may rely on and enforce the benefit of this clause and of the disclaimers, exclusions and limitations of liability set out in these Terms of Use.
5. e) To the maximum extent permitted by applicable law, You hereby release and waive all claims against ZebPay and ZebPay Indemnified Persons  from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to Your use of the ZebPay Platform or ZebPay Services. You expressly waive and relinquish any and all rights and benefits which you may have under any other national, state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

18. Indemnification

You agree to indemnify and hold harmless ZebPay and ZebPay Indemnified Persons from and against any claims and damages (including legal fees, fines or penalties imposed by any regulatory authority) arising out of (a) Your breach or our enforcement of these Terms of Use or (including without limitation Your breach of the Privacy Policy, AML Policy or any other restrictions on use of ZebPay Services); (b) Your violation of any law, rule or regulation, or the rights of any third party; and/or (c) Your use of ZebPay Services. This shall also apply to Your violation of any applicable law, regulation, or rights of any third party during your use of the ZebPay Services.

19. Termination of this agreement

a) You agree that we have the right to immediately suspend the Client Asset Account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the funds in all such Client Asset Accounts, and suspend access to ZebPay if we suspect any such Client Asset Accounts to be in violation of these Terms of Use, Privacy Policy, AML Policy or any applicable laws and regulations.

b) Pursuant to applicable laws, ZebPay reserves the right to keep and use the transaction data or other information related to such Client Asset Accounts for up to the longer of: five (5) years or the time period required by applicable law following the termination of this agreement, and for the following purposes:-

1. if the Client Asset Account is subject to a governmental proceeding, criminal investigation or other pending litigation;

2. if ZebPay detects unusual activity in the Client Asset Account;

3. if ZebPay detects unauthorized access to the Client Asset Account;

4. if ZebPay is required to do so by a valid court order or command by a regulatory/government authority having jurisdiction;

5. in the event of a suspected breach of these Terms of Use;

6. in the event of a suspected criminal event, including but not limited to money laundering, terrorist financing, and fraud;

7. in the event the use of your Client Asset Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your account activity;

8. you take any action that may circumvent our controls such as opening multiple accounts or abusing promotions which we may offer from time to time; and/or

9. if a transaction is unfinished during the account termination process, ZebPay shall have the right to notify Your counterparty of the situation at that time.

c) In case of any of the following events, ZebPay shall have the right to directly terminate this agreement by cancelling the Client Asset Account, and shall have the right to permanently freeze (cancel) the authorisations of the Client Asset Account:

1. after ZebPay terminates services to You;

2. You allegedly register in Your own name or register in any other person’s name as a ZebPay user more than once, directly or indirectly;

3. the main content of a User’s information that You have provided is untruthful, inaccurate, outdated or incomplete;

4. when these Terms of Use are amended, You expressly state and notify ZebPay of Your unwillingness to accept the amended Terms of Use;

5. You refuse to comply with the KYC or additional KYC requirements as may be prescribed by ZebPay from time to time or on your request; 

6. Your Client Asset Account or the activity therein is the subject matter of any pending criminal investigation;

7. You either directly or through a representative make use of unbecoming and/or unparliamentary and/or obnoxious language, either orally or in writing;

8. You either directly or through a representative, publish in the public domain, either on social media, internet or in print media or in any other form or mode accessible by the general public, any negative comment, critique or abuse against ZebPay; and/or

9. any other circumstances where ZebPay deems it should terminate the services to You.

f) Notwithstanding anything to the contrary contained elsewhere in these Terms of Use, ZebPay shall at all times have the right to, without any reason or cause, terminate ZebPay Services to You at any time, including but not limited to closing the relevant Client Asset Account.

d) Subject to subparagraph (e) below, once the Client Asset Account is closed/withdrawn, all charges and liabilities owed to ZebPay on the account will be due and payable to ZebPay. Upon payment of all outstanding charges to ZebPay (if any), a User will have to immediately withdraw all the balance funds from the account.

e) ZebPay maintains full custody of the fiat and user data/information which may be turned over to the authorities in the event of account suspension/closure arising from fraud investigations, AML investigations or violation of the law or these Terms of Use (e.g. trading on ZebPay from a sanctioned country).

20. Compliance with Applicable Law

a) It is the responsibility of a User to abide by all applicable laws in relation to the usage of ZebPay Services.

b) All Users of the ZebPay Platform and any of its services acknowledge and declare that the source of their Client Funds comes from a legitimate manner and are not derived from illegal activities; and are not proceeds of crime. ZebPay maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, or terminate the Client Asset Account and Client Funds which are flagged or investigated by legal mandate.

c) Taxes: It is your sole responsibility to determine, collect, report, and submit any / all taxes applicable to the payments you make or receive in connection with the use of the ZebPay Services to the appropriate tax authority. We are not responsible for determining whether any taxes apply to the transactions carried out by you on the ZebPay Platform or the ZebPay Services availed by you, or for collecting, reporting or remitting any taxes arising from any transaction undertaken by You via the ZebPay Platform or ZebPay Services, except to the extent required by law.

21. Force Majeure

a) ZebPay Services are offered only on the digital domain, which is subject to risks including offensive attacks. ZebPay and ZebPay Indemnified Persons shall not be liable for any loss whatsoever caused to a User’s account or the client fiat or crypto assets accrued therein if the same arises due to any Force Majeure event.

b) To the maximum extent permitted by law, ZebPay and ZebPay Indemnified Persons shall not be liable for any loss, damage, cost or expense suffered or incurred by a User, including loss of crypto assets or unauthorised transactions, arising from or attributable to the following, among other causes: (i) theft, loss or compromise of the User’s personal devices; (ii) compromise, disclosure or misuse of the User’s login credentials, passwords, two-factor authentication codes or API keys including where the User shares their account details with third parties for any reason whatsoever; (iii) phishing, social engineering or fraud perpetrated upon the User by third parties; and/or (iv) the User’s failure to maintain reasonable security over their account and devices. 

22. Privacy and Confidentiality

a) ZebPay processes all personal information in accordance with applicable law and regulations relating to the processing, privacy, and use of personal information.

b) ZebPay may collect, hold and process personal information about You from the way in which You engage with ZebPay (such as by filling in the application, placing orders, or if You contact ZebPay by post, email, telephone, in person or by any other means), through Your interactions with ZebPay and/or the ZebPay Platform.

c) Details of the types of personal information which ZebPay collects, holds or processes are set out in the Privacy Policy. 

d) ZebPay relies on the following legal basis to process and use the Client’s personal information:

1. processing is necessary for the performance of the ZebPay Services provided to You under this agreement;

2. processing is necessary for the purposes of ZebPay’s legitimate business interests, including administering the relationship with You and/or analysing, improving and developing its trade, products and services; and

3. processing is necessary for compliance with a legal obligation to which ZebPay is subject as better identified in the Privacy Policy.

i) For the avoidance of doubt, ZebPay may be required to disclose information to third parties in order to carry out fraud checks and for KYC procedures in accordance with applicable law, and You expressly consent to such disclosure.

e) Your personal information may be disclosed to ZebPay’s affiliates, service providers and other suppliers provided that any such transfer or access is compliant with the applicable data protection laws and is subject to appropriate contractual provisions relating to data protection and confidentiality. Further details as to where Your personal information may be transferred or accessed and the basis for such transfers are set out in the Privacy Policy.

f) ZebPay has security procedures covering the storage and disclosure of Your personal information to prevent unauthorised access to any of Your personal information and to comply with applicable laws and regulations.

g) You consent to receive communications from us electronically. ZebPay may communicate with you by e-mail or by posting notices on the ZebPay Platform. You shall be solely responsible for updating Your e-mail address and other contact details regularly. If we send any communication by e-mail, it shall be sent to Your e-mail address available on the records created by you on the ZebPay Platform.

h) No party may disclose to any person any information relating to the business, investments, finances or other matters of a confidential nature of the other party of which it may come into possession in connection with this agreement and its performance by the other party, and each party shall use all reasonable endeavours to prevent such disclosure, except as may be required by any applicable law, rule or regulatory, law enforcement or tax authority.

23. Complaints

If You have any complaints, feedback or questions, You may contact ZebPay at https://help.zebpay.com, and we will make our best efforts to try to resolve Your issues. ZebPay does not provide any support services to walk-in users. In case You do not want to continue using ZebPay Services and want to deactivate Your Client Asset Account, please click here and follow the steps provided. If You are unable to do so for any reason, You may contact ZebPay at https://help.zebpay.com for deactivation of Your Client Asset Account.

24. Modes of payment

Any payment to be made under these Terms of Use must be made by one of the following modes as determined by ZebPay from time to time:

1. a banker’s cheque/demand draft;

2. by credit of cleared funds to the bank account specified by the payee at least 3 business days before the anticipated date of the payment; or

3. any other lawful form of payment that the parties agree in writing

25. Notices

a) Unless these Terms of Use expressly state otherwise, a notice, consent, approval, waiver or other communication (notice) in connection with this agreement must be in writing. A notice may be given by hand delivery, prepaid post, or by electronic message to the recipient’s physical address or email address as advised from time to time.

b) A notice given under this clause will be deemed to be received: if hand delivered, at the time of delivery;

1. if sent by prepaid post, three business days after the date of posting;

2. if sent by electronic message, when the sender receives an automated message confirming delivery or eight business hours after the message has been sent (as recorded on the device from which the sender sent the message) unless the sender receives an automated message that the electronic message was not delivered or the sender knows or reasonably should know that there is a network failure and accordingly knows or suspects that the electronic message was not delivered,

unless a notice is received after 5.00 pm on a business day in the place of receipt or at any time on a non business day, in which case, that notice is deemed to have been received at 9.00 am on the next business day.

26. Assignment

You may not assign or otherwise deal with any of Your rights or obligations under these Terms of Use without the prior written consent of ZebPay. However, ZebPay may, without Your consent, assign, transfer, novate or otherwise deal with its rights and/or obligations under these Terms of Use, including in connection with any internal reorganisation, transition or transfer of any ZebPay Service and/or sale of all or part of ZebPay, the ZebPay Platform, or ZebPay’s business. 

27. Relationship between Parties

Notwithstanding anything contained in these Terms of Use, for all purposes including without limitation execution of any order and/or transaction initiated by you through the ZebPay Platform, You and ZebPay shall be and act independently, on a principal-to-principal basis and not as partners, associates, joint venturers, agents, intermediaries, brokers or in any other fiduciary capacity. You shall not have any authority to assume or create any obligation for or on behalf of ZebPay, whether express or implied.

28. Waiver

a) No failure to exercise or delay in exercising any right given by or under this agreement to a party constitutes a waiver and the party may still exercise that right in the future.

b) Waiver of any provision of this agreement or a right created under it must be in writing signed by the party giving the waiver and is only effective to the extent set out in that written waiver.

29. Severability

If any provision of these Terms of Use is void, voidable by a party, unenforceable, invalid or illegal and would not be so if a word or words were omitted, then that word or those words are to be severed and if this cannot be done, the entire provision is to be severed from these Terms of Use without affecting the validity or enforceability of the remaining provisions hereof.

30. No merger

On completion or termination of the transactions contemplated by these Terms of Use, the rights and obligations of the parties set out hereunder will not merge and any provision that has not been fulfilled remains in force.

31. Further steps

Each party agrees to promptly do all things reasonably necessary or desirable to give full effect to these Terms of Use, including obtaining consents and signing documents.

32. Entire agreement

These Terms of Use contain the entire agreement between the parties about the subject matter hereof, and supersede all previous communications, representations or agreements between the parties on the subject matter.

33. Governing law and jurisdiction

a) These Terms of Use are governed by the laws of Panama, without regard to its conflict of law principles.

b) The parties agree that any claim or dispute arising out of or in connection with these Terms of Use, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English. The arbitral award shall be final and binding upon the parties, and the parties expressly waive any right to any form of appeal, review, or recourse to any state court or other judicial authority, insofar as such waiver may be validly made. 

c) Subject to the foregoing, and for the purposes of interim or injunctive relief in aid of arbitration, the recognition or enforcement of any award, and the supervisory jurisdiction of the courts of the seat, the parties unconditionally and irrevocably submit to the jurisdiction of the courts of Singapore and waive any objection to proceedings in such courts on the grounds of forum non conveniens.

Version Number

1.1

We are committed to your Privacy

ZebPay respects your privacy and is committed to protecting your Personal Information (as defined below). 

1) What Personal Information is collected by www.zebpay.com (the “Website”) and the mobile phone application ‘ZebPay’ (the “App”) by ZebPay and its affiliates;

2) how the Personal Information is used;

3) with whom the Personal Information may be shared;

4) how you can access and change your account settings on the Website and the App;

5) what security procedures are in place to prevent the loss, misuse or alteration of information collected by the Website and/or the App; and

6) how to contact us.

Your privacy is our top concern. ZebPay is committed to protecting the information and privacy of individuals, customers, business partners and others who visit the Website, the App, and/or to whom ZebPay offers its services. We work hard to earn and keep your trust, so we adhere to the following principles to protect your privacy:

1) We do not share, rent, trade or sell your Personal Information to third parties other than as described within this Privacy Policy. As used in this Privacy Policy, “Personal Information” shall mean any information including personally identifiable information and/or sensitive personal data that relates to you, which, whether directly or indirectly, in combination with other information available or likely to be available with us, is capable of identifying you.

2) We do not share your contact information with another user of the Website or the App without your consent.

3) Any Personal Information that you provide will be secured by industry standard protocols and technology.

This Privacy Policy covers the Personal Information collected by us via the Website and/or the App accessed via the internet. It does not, however, apply to entities that the Website does not own or control. You should review this Privacy Policy every time you provide us with Personal Information to satisfy yourself that you agree to it. If you do not agree with this Privacy Policy, please do not provide us with Personal Information or use our Website and/or the App or our ZebPay Services. By using or accessing the Website and/or the App, you consent to this Privacy Policy.

All the data and/or information you share with us must be accurate and complete. You shall promptly inform ZebPay in case of any change to your data and/or information which may impact the provision of ZebPay Services. We shall not be responsible or held liable for any loss or damage that may occur to you or other third parties on account of provision of incorrect data and/or information provided by you.

What this Privacy Policy describes

This privacy policy (“Privacy Policy”) explains (i) what information we collect; (ii) how we use it; (iii) with whom we share it; and (iv) the measures that we undertake to protect your information; when you use our website (www.zebpay.com) or our mobile application (ZebPay App) (“Platform(s)”). This Privacy Policy does not apply to entities that ZebPay does not own or control. You should review this Privacy Policy every time you provide us with Personal Information. 

Guiding Principles

3. We adhere to the following principles to protect your privacy: 

1. We do not share, rent, trade or sell your Personal Information to third parties other than as described within this Privacy Policy.

2. We do not share your contact information with another user of the Website or the App, without your consent.

3. Any Personal Information that you provide will be secured by industry standard protocols and technology.

Disclosures and Grievances

4. For any queries regarding this Privacy Policy and the collection and use of Personal Information collected or processed under this Privacy Policy,  please e-mail ([email protected]).

5. By using the Platform, you consent to this Privacy Policy. If you do not agree with this Privacy Policy and choose to not provide us with your Personal Information, our ability to provide you with our services may be affected, in which case, you may not be able to use our Platform. 

What is Personal Information?

6. “Personal Information”  means any information including personally identifiable information or sensitive personal information that relates to you, which, whether directly or indirectly, in combination with other information available or likely to be available with us, is capable of identifying you.

What information do we collect?

7. The information we collect may be classified under the following categories :

Sr. No:	Category of Information:	Description:
(i)	Identification Details:	This may include information such as your name, photograph (including selfie image), gender, etc
(ii)	Contact Information:	This may include information such as your e-mail address, phone number, etc.
(iii)	KYC Information:	Identity documents approved/permitted by applicable law and enabled for verification by us.
(iv)	Employment Details:	This may include your employer details, your designation, etc.
(v)	Financial Information:	This may include information such as your bank account number, details about your source of income or wealth, documents submitted in relation to such details, etc.
(vi)	Location Data:	This may include information about the location of the IP address or the location details provided by you.
(vii)	Account Details:	This may include information such as your login details, profile information, or the details of your interaction with our platform.
(viii)	Transaction Details:	This may include information about the transactions you undertake on the Platform such as transaction ID, amounts, wallet address, details of the source of the cryptocurrencies, etc.
(ix)	Device and Network Data:	This may include information such as your IP Address, browser details, IMEI number, the operating system of your device, etc
(x)	Usage and Analytics Data	This includes information such as the Platform usage pattern, user analytics or other similar data points.

How do we collect your information?

8. We may collect or receive your information in the following ways:

1. Information you provide us: You may provide us with your information so as to enable us to provide you the services. 

2. Information we generate: We may use in-house or third-party analytics tools to help us track the usage of our services or interactions with our Platform. 

3. Information we receive: We may receive your information from  select third parties including our subcontractors and vendors; or  other websites or applications  we operate or the other ZebPay services we provide

9. We may also collect anonymized non-personally identifiable information on the Platform that allows us to improve our ZebPay services.

10. All the data and/or information you share with us must be accurate and complete. You shall promptly inform ZebPay in case of any change to your data or information which may impact the provision of our services. We shall not be responsible or held liable for any loss or damage that may occur to you or other third parties on account of provision of incorrect data or information provided by you.

When do we collect your information?

11. We may ask you to provide us with your information if and when: (i) you register and make an account on the Platform, (ii) transfer any funds from/to your linked Bank account (iii) correspond with us by phone, e-mail chat or otherwise (iv) place an order on the Platform, as the case may be, (v) add a wallet address to your account as a withdrawal address (vi) subscribe to ZebPay’s newsletter, if applicable, (vii) we troubleshoot problems reported by you (viii) respond to a survey or fill out a form on the Platform.

What purposes do we use your information for?

12. Any of the information the Website collects from you may be used for one of the following purposes:

Sr. No	Purpose	Description
(i)	For the provision of our services:	To provide ZebPay services and to enable you to undertake transactions on the Platform; To personalize your experience on the Platform;To improve the Platform or the features of the Platform;To improve customer service;
(ii)	For verification and security purposes:	To verify and process transactions on the Platform;To update and back-up our records;To enhance the security of our Platform and keep the same safe and secure;
(iii)	For the purpose of our internal operations:	To run our Platform and for other internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; To detect and protect against error, fraud and other criminal or illegal activity, collect fees owed, enforce our terms and conditions; prevent abuse of our services, prevent violation of the rights of third parties, other users or the general public;
(iv)	For the purpose of communications and marketing:	To notify you by means of information/alerts/SMS/push notification/ in app messages and other message platforms or channels, or calls for resolution of issues, sign up issues, changes to our services or Platform and/or other purposes relevant to your use of our Platform;To understand the effectiveness of advertising we provide and carry out;To send you information and updates pertaining to your orders, To send you occasional news, updates, and related product or service information of ZebPay, as applicable; To send you relevant marketing material, if applicable.
(v)	For legal purposes:	To comply with any statutory or regulatory requirement;To prevent and identify suspicious or other illegal transactions and to mitigate risks relating to money laundering and other illegal activities.
(vi)	For informing you about relevant services	We may share your information with related parties or third party service providers, to enable them to market their relevant services and send you information we think may be of interest to you.
(vii)	For enabling provision of taxation solution services	We may share your relevant information with taxation solution service providers, in case you opt and consent to use the services offered by them.

13. Your Personal Information, whether public or private, will not be sold, exchanged, transferred, or given to any other entity. You hereby consent and allow ZebPay to share your information for the following purposes: 

1. for the purpose of delivering the purchased product or service requested by you from the Platform;

2. for administering a contest, promotion, survey or other feature; and

3. for sending periodic emails and other communications.

How do we protect your information?

14. We implement a variety of security measures to maintain the safety of your Personal Information obtained by us from you. We take appropriate technical and organisational measures, proportionate to the risk possessed,  to protect your information. We also undertake a regular comprehensive independent audit of our security measures.

15. We offer the use of a secure server. Where applicable, all supplied sensitive information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. You are solely responsible for the authenticity of the Personal Information supplied by you, and we are not liable for the said authenticity under any circumstances whatsoever.

16. However, no internet or electronic transmission is ever fully secure or error-free. We expressly disclaim any liability for any unauthorized access or use of any information, if such access or use has been done despite us employing all commercially reasonable efforts, in accordance with applicable law.

Do we use cookies or respond to Do not track requests?

17. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your web browser that enable the site or service provider’s systems to recognize your browser and capture and remember certain information. You may have the option of disabling cookies on your browser.

18. We may use cookies to help us to understand, remember and save your preferences for future visits.

19. We might not respond to a “Do Not Track” signal in any particular way, since there is no common understanding of what such a signal is supposed to mean. 

Do we disclose any information to outside parties?

20. We may host, transfer and process data, including Personal Information, in countries that we use to operate and manage our services. 

21. We do not sell, trade, or otherwise transfer your Personal Information to third parties for profit. However, we may share the information we collect on an as-needed basis  with trusted third parties and subcontractors who assist us in operating or securing the Platform, conducting our business, servicing you and/or assisting us in mitigating transaction related risks.

22. We ensure that such third parties agree to keep this information confidential and that they ensure the same level of data protection that is adhered to by ZebPay. 

23. Accordingly, we may share your information with:

Sr. No	Category	Description
(i)	Transaction Facilitators	We may share your information with:transaction facilitators who authenticate KYC and other details as provided by you;commercial banks which provide banking facilities;payment processing companies; andother digital asset exchanges as we may work with for (a) providing our services and (b) to prevent and identify suspicious or other illegal transactions and to mitigate risks relating to money laundering and other illegal activities.
(ii)	Cloud Platforms	We may use third-party cloud service providers to store and process your information, including but not limited to  Microsoft Azure & Amazon Web Services
(iii)	Analytics Platforms	We may use certain third-party applications to perform analytics-related tasks. Such platforms include, but are not limited to Google Analytics.
(iv)	Group Companies	We may provide some or specific parts of our services through our group companies. So, we may share your information with our group companies.
(v)	Law Enforcement Authorities	We may share your information with law enforcement agencies, government officials, regulatory bodies, courts, banks, self-regulatory organizations and other similar entities to comply with our legal obligations.

24. We may share non-personally identifiable information with other parties. We also use certain information in an aggregated form across users to compile statistical and demographic profiles for our business and marketing activities.

Third party links

25. Occasionally, at our discretion, we may include or offer third party products or services on the Platform. These third party sites may have separate and independent privacy policies. We have no responsibility or liability for the content and activities of these third party sites. Nonetheless, we seek to protect the integrity of the Platform and welcome any feedback about these third party sites.

26. TradingView: TradingView’s Privacy Policies (www.tradingview.com/privacy-policy or such URL as may be amended from time to time) are not applicable to our implementation of TradingView’s products. TradingView shall not be deemed to be wholly or partly responsible for this Privacy Policy. Any usage or collection of visitor information to our Platform shall be our responsibility and not the responsibility of TradingView.

Your Rights:

27. You have the following rights with respect to your Personal Information: 

1. Right of access – You can ask us for copies of your Personal Information being processed or retained by us.

2. Right to rectification – You can ask us to rectify inaccurate or incomplete Personal Information about you (which you cannot update without our assistance).

3. Right of account and data deletion: Subject to our retention rights as described under Clause 14 of this Privacy Policy, You can exercise your right to delete your account and the data of your account yourself by using the settings tab, followed by the delete/deactivate option on our Platform.

4. Right to withdraw consent: You have the option of not providing your Personal Information to ZebPay. You can also withdraw your consent at any time. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal.

28. In order to exercise any of your rights, you may send us an email at [email protected] detailing your request. We may undertake additional measures to confirm your identity. 

29. If you choose not to provide your Personal Information or to withdraw your consent, our ability to provide you the services may be affected and we may not be able to provide you the access to our Platform or the services therein.

Other information about our privacy practices: 

30. Retention: We will retain your information as long as needed or permitted under applicable laws, in light of the purposes mentioned above, subject to our compliance with this Privacy Policy. Among other criteria, we may determine the retention period based on the length of the ongoing relationship with you. We may further retain and use this Personal Information as necessary to comply with our legal obligations. 

31. Changes to Privacy Policy: If we decide to change/amend/modify the Privacy Policy, we will post those changes and update the Privacy Policy accordingly. The updated Privacy Policy will be intimated to you in the manner required by law. In any case, you must look at this Privacy Policy regularly to check for such changes.

32. Business Transaction: We may assign or transfer this Privacy Policy, and your Personal Information, in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions or similar transactions or proceedings, provided that the recipient of such information will continue to be bound by the terms of this Privacy Policy.

1. Governing Law: This Privacy Policy shall be subject to the governing law and jurisdiction provision available in the Terms of Use.

ZebPay shall mean and include below –

Awlencan Innovations Australia Pty Ltd [ACN 629 939 948], C/- CHRONOS PRIVATE SUITE 2 LEVEL 5 459 LITTLE COLLINS STREET MELBOURNE VIC 3000 where a customer accesses the ZebPay Platform in or from supported countries

Hereinafter referred to as “Awlencan” or “ZebPay” or “company”, which term shall refer to and include its owners, its subsidiaries and affiliated companies, directors, investors, employees, officers, representatives, affiliates, or other related parties.

“ZebPay Platform” shall mean and include ZebPay Android App, ZebPay iOS App (collectively, “ZebPay App”) or Zeb Web app (“Web version”) and ZebPay platform “www.zebpay.com” (“ZebPay platform”). Collectively along with the ZebPay Developer Portal, Public APIs and secure authentication for ZebPay Users is referred to as the “ZebPay Platform”.

At www.zebpay.com or ZebPay platform (“We“, “us“, “our“), we strive to honour the privacy and security of any data we collect from visitors using our platform, whilst we act as a personal data Controller under relevant data protection rules and regulations. Our platform uses cookies, in combination with pixels, local storage objects, and similar devices (collectively, “cookies” unless otherwise noted) to distinguish you from other users of the platform or platform. This helps us provide you with a good experience, improve our service, and to personalize ads and content to you while you use the platform.

This cookie policy (“Cookie Policy”) describes the types of cookies we use on the platform and our purposes for using them.

By using the ZebPay Platform you consent to our use of cookies as set out in this Cookie Policy (however you can delete or block our cookies at any time as set out in section 4 of this Cookie Policy).

If you have questions about this Cookie Notice, please contact us at [email protected]. For more information about our privacy practices, please review our privacy policy. If you have any questions or comments regarding this notice or data privacy, please contact us at dpo@zebpay .com. Please read this Cookie Notice carefully for details about why we use cookies and the information they collect from and about you.