Terms & Conditions as on February 1, 2025

This Terms & Conditions is a user agreement and referred hereinafter as (this “Agreement”) sets forth the legally binding terms and conditions your access to and use of any Websites, mobile sites, mobile applications, desktop applications, products or services (the “Services”) offered by Harmonya Lab LTD (“Harmonya”). The “User”, “you”, “your” shall refer to any natural person or entity and its authorized users that subscribes or uses the Services. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.

BY ACCESSING OR USING THE SERVICES, YOU ARE ACCEPTING THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THIS AGREEMENT IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SITE. YOUR ACCESS TO THE SERVICE UNCONDITIONALLY WARRANTS AND REPRESENTS THAT YOU ARE MAKING WARRANTIES AND REPRESENTATIONS AS DESCRIBED IN THIS AGREEMENT.

THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 13.1) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. YOU AGREE THAT THE MODE OF DISPUTE AS DESCRBIED IN 11.1  IS THE ONLY MODE OF RESOLUTION OF THE DISPUTE IF ANY BETWEEN THE USER AND Harmonya.

THE GOVENRING LAW OF THIS AGREMENT IS LAW OF INDIA AND THAT OF ARBITRATION IS THE ARBITRATION AND CONCILIATION ACT, 1996.

Harmonya may amend this Agreement related to the Services from time to time. Amendments will be effective upon our posting of such updated Agreement at this location or the amended policies or supplemental terms on the applicable Service. You agree that Harmonya is not liable to notifiy amendment if any in this Agreement specifically to you and you will update yourself with any amendment that Harmonya will carry out in this Agreement. Your continued access to this Website or use of the Services after such as logging into account constitutes your consent to be bound by the Agreement as Harmonyall as amended agreement.

YOU UNDERSTAND THE SERVICES INCLUDING ITS SCOPE PROVIDED BY Harmonya VIA https://harmonya.online. EVEN THOUGH Harmonya IS INVOLVED IN PROVIDING SERVICE OF MINTING, DISTRIBUTUTION AND EXCHANGING OF TOKENS MINTED ON THE https://harmonya.online , FOR ABUNDANT CAUTION, YOU ACKNOWLEDGE THAT TRADING IN CRYPTOCURRENCIES INVOLVES A HIGH DEGREE OF RISK. CRYPTOCURRENCIES ARE SUBJECT TO CONSTANT AND FREQUENT FLUCTUATIONS IN VALUE AND EXCHANGE RATES, AND THE VALUE OF YOUR CRYPTOCURRENCY ASSETS MAY INCREASE OR DECREASE AT ANY TIME AND FOR THESE NUANCES OF CRYPTOCURRENCY(IES), Harmonya IS NOT RESPONSIBLE. YOU UNDERSTAND THAT Harmonya DOES NOT STORE CRYPTOCURRENCY(IES) OR FOR THAT MATTER ANY ASSET FOR THE SERVICES RENDERED. YOU MAY SUFFER A COMPLETE LOSS OF THE FUNDS HELD IN YOUR ACCOUNT DUE TO NATURE OF THE FLUCTUATION IN THE VAULE OF THE CRYPTOCURRENCY(IES) FOR WHICH YOU WILL NOT HOLD Harmonya RESPONSIBLE. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE NATURE, SUITABILITY, AND APPROPRIATENESS OF THESE TRADING RISKS FOR YOU. YOU ALSO ACKNOWLEDGE AND AGREE THAT Harmonya BEARS NO RESPONSIBILITY OR LIABILITY TO YOU OR ANY OTHER PERSON WHATSOEVER FOR ANY LOSSES OR GAINS INCURRED IN CONNECTION WITH YOUR USE OF THE SERVICES. YOU ALSO ACKNOWLEDGE AND AGREE THAT Harmonya DOES NOT GIVE ADVICE OR RECOMMENDATIONS REGARDING THE TRADING OF CRYPTOCURRENCIES, INCLUDING THE SUITABILITY AND APPROPRIATENESS OF, AND INVESTMENT STRATEGIES FOR, CRYPTOCURRENCIES.

YOU REPRESENT AND WARRANT THAT YOU ARE AVAILING SERVICES OUT OF YOUR NEED AND DESIRE AND THERE IS NO OFFER MUCH LESS INVITATION FROM Harmonya TO USE SERVICE. YOU ALSO ACKNOWLEDGE AND AGREE THAT Harmonya AND YOUR ABILITY TO USE THE SERVICES MAY BE DETRIMENTALLY IMPACTED BY REGULATORY ACTION OR CHANGES IN REGULATIONS APPLICABLE TO CRYPTOCURRENCY. YOU AGREE THAT IN ITS SOLE DISCRETION, Harmonya MAY DISCLOSE YOUR PERSONAL AND ACCOUNT INFORMATION TO COMPLY WITH A LAW, REGULATION, LEGAL PROCESS, OR GOVERNMENTAL REQUEST.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT Harmonya IS NOT AN EXCHANGE, FINANCIAL INSTITUTION, BANK, CREDIT UNION, TRUST, HEDGE FUND, BROKER OR INVESTMENT OR FINANCIAL ADVISOR, AND IS NOT SUBJECT TO THE LAWS, REGULATIONS, DIRECTIVES OR REQUIREMENTS APPLICABLE TO SUCH ENTITIES/INSTITUTIONS. YOU ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY Harmonya, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, NOR ANY INFORMATION OBTAINED THROUGH THE SERVICES, WILL OR SHALL CONSTITUTE INVESTMENT OR FINANCIAL ADVICE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ALL TRADING DECISIONS MADE BY YOU WHILE USING THE SERVICES.

Harmonya IS MERELY A TECHNOLOGY PLATFORM AND YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR THE LEGAL, REGULATORY AND TAX COMPLIANCE OF ALL TRANSACTIONS CARRIED OUT BY YOU USING THE SERVICES.

YOU ALSO UNDERSTAND THAT AT PRESENT THERE IS NO REGULATORY AND LEGAL REGIME GOVERNING CRYPTOCURRENCY IN INDIA AND IN FUTURE IF THERE IS REGULATORY AND/OR LEGAL REGIME IS BROUGH INTO FORCE BY THE GOVERNMENT, YOU WILL ABIDE BY THE SAME AND YOU WILL NOT MAKE ANY CLAIM AGAINST Harmonya IRRESPECTIVE OF ITS CONSEQUENCES ON YOU.

Harmonya ACCOUNT

Creation of Account. To avail Services of Harmonya, you understand that you will have to sign-up with Harmonya to create separate account with Harmonya. This will entail providing certain information about yourself including personal information about you and your entity. You agree that Harmonya can unconditionally use this information to verify its veracity with Government Authorities. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Services is and shall be in accordance with applicable law. You may delete your Account at any time, for any reason, by following the instructions on the Site but information shared at the time of signing up may be shared by Harmonya with Government for compliance purpose anytime. Harmonya may suspend or terminate your Account in accordance with Section 7.2.

Identity Verification. You agree to provide us with the information Harmonya request for the purposes of identity verification and for statutory compliances without any demurer. You will need to complete certain verification procedures before you are permitted to use the Services and your access to the Services may be altered as a result of information collected on an ongoing basis. The decision of Harmonya pursuant to collection of information not to allow or to truncate the access to Services is not justiciable and Harmonya will have last word on this issue. The information Harmonya request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification number, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) Name, email, address, national id #, Tax number, passport number (KYC is required to verify the user account). In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to update this information and keep it current at all times. You authorize us to make the inquiries, whether directly or through third parties, that Harmonya consider appropriate, in our sole discretion, to verify your identity or protect you and/or us against fraud or other financial crimes, and to take action Harmonya reasonably deem necessary based on the results of such inquiries.

Restrictions. By using the Services, you represent and warrant that: (i) neither you nor any of your directors, officers, employees, agents, affiliates or representatives is an individual or an entity that is, or is owned or controlled by an individual or entity that is (a) currently the subject of any Sanctions, or (b) located, organized or resident in a Designated Jurisdiction; (ii) you have complied in all material respects with all applicable laws relating to Sanctions, anti-terrorism, anti-corruption and anti-money laundering; and (iii) you have instituted and maintained policies and procedures designed to promote and achieve compliance with such laws. For the purpose of this Agreement, “Designated Jurisdiction” means any country or territory to the extent that such country or territory itself is the subject of any Sanction; “Sanction(s)” means any international economic sanction administered or enforced by India, the United States of America, the United Nations Security Council, the European Union or other relevant sanctioning authority.

Responsibility for Account. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account including all consequences under applicable laws. You agree to immediately notify Harmonya of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Harmonya cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. In case, Harmonya is able to prove that there is attack on its security that led to security breach, in that case, you will not make any claim against Harmonya for resulting loss.

Compliance. You are solely responsible for ensuring that your use of the Services is in compliance with all laws, rules and regulations applicable to you as well laws and regulations obtaining in India and the right to access the Services is automatically revoked where use of the Services is prohibited or to the extent that the offering, sale or provision of the Services conflicts with any law, rule or regulation applicable to you as well as in India.

ACCESS TO THE SERVICES

License. Subject to this Agreement, Harmonya grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own personal or internal business purposes, in accordance with the Account type you are currently subscribing to and in no case, you are invitee as defined under the common law.

Modification. Harmonya reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice and reasons for such action to you. You agree that Harmonya will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof. There is no obligation on the part of Harmonya to provide Services merely because you have account with Harmonya or have used services in past.

No Support or Maintenance. You acknowledge and agree that Harmonya will have no obligation to provide you with any support or maintenance in connection with the Services.

Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by Harmonya or its suppliers. Neither this Agreement (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Harmonya and its suppliers reserve all rights not granted in this Agreement. There are no implied licenses granted under this Agreement.

Feedback. If you provide Harmonya with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Harmonya all rights in such Feedback and agree that Harmonya shall have the right to use and fully exploit and develop such Feedback and related information in any manner it deems appropriate. Harmonya will treat any Feedback you provide to Harmonya as non-confidential and non-proprietary. You agree that you will not submit to Harmonya any information or ideas that you consider to be confidential or proprietary.

PROHIBITED ACTIVITIES

Prohibited Activities. In connection with your use of Services, you hereby agree that you will not:

violate (or assist any other party in violating) any applicable law, statute, ordinance, or regulation;

intentionally try to defraud (or assist in the defrauding of) Harmonya or any other User;

provide false, inaccurate, or misleading information;

trade taking advantage of any technical glitch, malfunction, failure, delay, default, or security breach;

take any action that interferes with, intercepts, or expropriates any system, data, or information;

partake in any transaction involving the proceeds of illegal activity;

attempt to gain unauthorized access to other Harmonya Accounts, the Services, or any related networks or systems;

use the Services on behalf of any third party or otherwise act as an intermediary between Harmonya and any third parties;

use the Services to engage in conduct that is detrimental to Harmonya or to any other User or any other third party;

collect any user information from other Users, including, without limitation, email addresses;

defame, harass, or violate the privacy or intellectual property rights of Harmonya or any other User; or

upload, display or transmit any messages, photos, videos or other media that contain illegal goods, pornographic, violent, obscene or copyrighted images or materials for use as an avatar, in connection with a payment or payment request, or otherwise.

In addition, you agree not to: (i) upload, transmit, or distribute to or through the Services any computer viruses, worms, malware or any software intended to damage or alter a computer system or data; (ii) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (iii) attempt to reverse engineer, de-compile, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Services, any third-party use of the Services, or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law; or (iv) access the Services in order to build a competitive product or service or copy any ideas, features, functions, or graphics of the Services.

Enforcement. Harmonya reserves the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion if you engage in Prohibited Activities or violate any other provision of this Agreement or otherwise create liability for us or any other person. Such action may include, in sole and absolute discretion, terminating your Account in accordance with Section 9, reporting you to law enforcement authorities without providing any notice & reasons of you about any such report and confiscating any balance remaining in an Account which has been terminated.

THIRD-PARTY PRODUCTS AND SERVICES; OTHER USERS

Third-Party Services. You acknowledge that the Service will enable or assist you 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 Harmonya, Harmonya 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 use all Third-Party Services at your own risk, and 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 Harmonya. 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, Harmonya may cease to provide such features to you without entitling you to refund, credit, or other compensation.

Other Users. Harmonya does not guarantee the identity of any User or other party or ensure that a buyer or seller is authorized to complete a transaction or will complete a transaction. Your interactions with other Users are solely between you and such Users. You agree that Harmonya will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any User, Harmonya are under no obligation to become involved.

Release. You hereby release and forever discharge Harmonya (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other Users or any Third- Party Products and Services).

Ethereum based Cryptowallet

You understand and agree that Harmonya supports most crypto wallets and supports only Ethereum as cryptocurrency with ERC 20 compatible wallets.

Transaction instructions. Harmonya will process Eth Transactions according to your instructions. You accept and agree that Harmonya does not:

guarantee the identity of any user, receiver, or other party to a transaction executed on Harmonya platform. You are solely responsible for ensuring all transaction details are correct, and you should carefully verify all transaction information prior to submitting transaction instructions to Harmonya; or

have any control over, or any liability in relation to, the delivery, quality or any other aspect of any goods or services that you may buy from or sell to any third party. Harmonya shall not be responsible for, and will take no action in relation to, ensuring that any buyer or seller you transact with using your Harmonya wallet completes the relevant transaction or has the requisite authority to do so.

Receiving cryptocurrency. You may receive ERC 20 based currency into your wallet by providing the sender with a receive address generated in your wallet. Your wallet will only be credited with ERC 20 supported Cryptocurrency sent to a receive address provided to Harmonya. You can receive ERC20 tokens through a unique link to claim the tokens or through a wallet address. For example, your wallet will be credited with ETH when it is sent to an ETH receive address generated through your wallet.

Trading between Supported Cryptocurrencies. Harmonya allows you to trade with other Users between currencies supported by ERC 20.

Sharing User Information. In the course of processing a Service, Harmonya may be required to share your user information with other contractual third parties, or as required under applicable laws or demanded upon a lawful request by any governmental authority. You hereby irrevocably grant full permission and authority for Harmonya to share this information with such contractual third parties, or as required under applicable laws or demanded upon a lawful request by any governmental authority, and release Harmonya from any liability, error, mistake, or negligence related thereto.

Trade Corrections. You acknowledge and agree that Harmonya may correct, reverse or cancel, in its sole discretion, any order, trade, transfer, or other transaction or activity entered on Harmonya with respect to which Harmonya has discovered that there was an error or abnormality, whether such error or abnormality was caused by you, Harmonya or a third party or due to technical issues, system issues, software failure or otherwise. Harmonya provides no guarantee or warranty that any such attempt will be successful and will have no responsibility or liability for such error(s) or any correction attempt(s).

General.

You agree to pay Harmonya the fees set forth at  https://app.Harmonya.co which may be updated from time to time in our sole discretion. Any such updated fees will apply prospectively to any trades or other transactions that take place following the effective date of such updated fees. You authorize Harmonya to remove any amounts from your Account for any applicable fees owed by you under this Agreement.

SUSPENSION, TERMINATION, AND CANCELLATION.

General. This Agreement will continue to apply to you until terminated by either you or Harmonya. Your obligation to share information and co-operate with Harmonya for regulatory compliances remain unaffected even if you are not using services of Harmonya. Any provision of this Agreement which, either by its terms or to give effect to its meaning, must survive, and such other provisions which expressly, or by their nature, are intended to survive termination shall survive the expiration or termination of this Agreement.

Suspension, Termination. Harmonya may terminate your Account or suspend your access to the Services at any time and with immediate effect for any reason or no reason, in our sole and absolute discretion as stated above. Harmonya may decline to process any transaction without prior notice and may limit or suspend your use of one or more Services at any time, in its sole discretion. For example, Harmonya may, in its sole discretion, Harmonya may not allow to distribute cryptocurrency, if Harmonya believe the transaction is suspicious, may involve fraud or misconduct, violates applicable laws, or violates the terms of this Agreement. If you have a balance remaining in an Account which has been suspended, Harmonya may freeze such balance for so long as the Account is suspended. If the Account is terminated due to fraud, violation of law, or violation of this Agreement, Harmonya may, in its discretion, confiscate any balance remaining in the Account and deliver it to any applicable government, law enforcement, or other authorities where circumstances warrant.

Cancellation. You may cancel your Account at any time by following procedure followed on Harmonya. Upon termination of this Agreement and your Account, you remain liable for all transactions made while the Account was open.

DISCLAIMERS

The services are provided on an “as-is” and “as available” basis, and Harmonya expressly disclaims any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Harmonya make no warranty that the services will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use. Harmonya disclaims any and all responsibility or liability in relation to the content made available through the services, including the customer content, or any content or services provided by third parties. Harmonya does not control or vet customer content and is not responsible for what users post, transmit, or share on or through the services. Harmonya is not responsible or liable in any manner for any third-party services Associated with or utilized in connection with the services, including the failure of any such third-party services or supported platforms.

INDEMNIFICATION. You agree to indemnify and hold Harmonya (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of this Agreement, (c) your violation of applicable laws or regulations, or (d) Third-Party Services in any jurisdiction. Harmonya reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Harmonya, and you agree to cooperate with defense for Harmonya of these claims. You agree not to settle any matter without the prior written consent of Harmonya. Harmonya will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

LIMITATION ON LIABILITY

To the maximum extent permitted by applicable law, in no event will Harmonya, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits or other business or financial benefit) arising out of or in connection with the services, any performance or non-performance of the services, or any other product, service or other item provided by or on behalf of Harmonya and its affiliates, whether under contract, statute, strict liability or other theory even if Harmonya has been advised of the possibility of such damages except to the extent of a final judicial determination that such damages were a result of Harmonya’s gross negligence, fraud, willful misconduct or intentional violation of law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF Harmonya, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF OR IN CONNECTION THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF Harmonya OR ITS AFFILIATES WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO Harmonya UNDER THIS AGREEMENT IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

ANTI MONEY LAUNDERING

The Anti Money Laundering Clause (referred as AML Clause) is to keep a check on usage of money used In the Harmonya, does not go to any of the Terror Funding Activity, Money laundering in any of the country & other such related illegal Criminal Activities. 

This clause will apply to all the persons visiting the website / platform and gaining anything from the platform / website either directly or in directly. For the purpose of the same verification of the persons using the platform / website is prerequisite, failing which you may not be able to create a token or use any other facilities on the platform / web site.

Even if there is any change in address or your nationality or change in Social Security number / Nationality Number and / or any other such unique identity number of your nation you are under legal obligation to update it on the platform / website failing which consequences may follow.

Even the user will have a legal duty to ensure that whatever documents / information submitted / uploaded / provided on the website / portal are true and authenticate.

The website / portal would be at liberty to refuse to open a new account or terminate any existing account if the details provided by the users are found to be unauthenticated / forge / fabricated with or without giving a prior notice to such user and can bar him for further re opening of the account.

For the purpose of verification of the documents the website / portal may rely on a reliable third party application to verify the details provided by the user.

That the user hereby agrees that the company is free to update the AML Clause anytime with the changing scenario, which could be done without any prior notice of the user.

The website / portal will have access to the transactions done on the portal and if any transactions are found to be ‘Suspicious’ or ‘Irregular’ than the portal would be at liberty to ask the user to provide further details of the transactions as and when asked by the portal / website.

The portal / website from time – to – time undertake to scrutinize the transactions of different users to identify any inconsistent transactions or any such transaction with certain suspicious pattern, then immediately the user may be temporarily barred by using the portal and only after providing adequate evidences showing the transactions are normal in nature, the services of the user would be resumed. 

The website / portal may share any of the history or details of the user’s transactions to any government body or any such other legal body if in case asked by them.

That Harmonya would not be held liable in whatsoever manner if any suspicious or irregular transactions are taking place or any money used in the platform is either laundered or has been mechanically roped in the system to cure its defect, in such case the company may not be held liable and the person using such money may solely be responsible for such thing and at that time the company is under legal obligation to share the details of such users to any Government, Semi Government Body or to any legal body.

That the user may also report Harmonya in case of any irregularity found by them on the portal. 

That AML Clause may vary from country to country and from region to region. Any suspicious activity done on the portal from a place / jurisdiction where such activity is barred either expressly or broadly would make that particular user responsible for the same and the portal would be at liberty to terminate the services of that user either temporarily or permanently if brought to the notice of Harmonya. That even the user will not be able to seek any refund or any residual from the account / wallet as all the things would be handed over to the investigating authority.

GENERAL

Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Harmonya and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration as follows:

In the case of disputes, controversies or claims involving You and Harmonya, you agree to resolve any claims relating to this Agreement (including any question regarding their existence, validity, termination, or any services or products provided and any representations made by us) through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. You agree to first give us an opportunity to resolve any claims by contacting us on our website / mobile / desktop applications. If Harmonya are not able to resolve your claims within 60 days of receiving the notice, you may seek relief through arbitration as set forth below.

Either you or Harmonya may submit a dispute (after having made good faith efforts to resolve such dispute) for final and binding resolution by arbitration under the arbitration rules of the Gujarat Chamber of Commerce & Industries (GCCI), which are deemed to be incorporated into these Terms by reference. The arbitration tribunal shall consist of a sole arbitrator to be appointed as per bye-laws of GCCI. The language of the arbitration hearings shall be English and the seat, or legal place, of arbitration shall be Ahmedabad.

In the case of disputes, controversies or claims involving Harmonya, you and Harmonya agree to resolve any claims relating to this Agreement (including any question regarding their existence, validity, termination, or any services or products provided and any representations made by us) through final and binding arbitration. You agree to first give us an opportunity to resolve any claims by contacting us on our Website / mobile / desktop applications. If Harmonya is not able to resolve your claims within 60 days of receiving the notice, you may seek relief through arbitration as set forth below.

Either you or Harmonya may submit a dispute (after having made good faith efforts to resolve such dispute) for final and binding resolution by arbitration under the arbitration rules of Gujarat Chamber of Commerce & Industries (GCCI), which are deemed to be incorporated into these Terms by reference, read with the Indian Arbitration and Conciliation Act, 1996. The arbitration tribunal shall consist of a sole arbitrator to be appointed by the GCCI. The language of the arbitration hearings shall be English and the seat of arbitration shall be Ahmedabad.

Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, as applicable, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court.

Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Harmonya.

Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a court of competent jurisdiction in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

Applicable Law. The laws of India will govern the present agreement and provisions of Arbitration and Conciliation Act, 1996 and bye-laws of GCCI govern the arbitration.

Force Majeure. Harmonya is not responsible for damages caused by delay or failure to perform undertakings under this Agreement when the delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or the state’s enemies; lawful acts of public authorities; any and all market movements, shifts, or volatility; computer, server, or Internet malfunctions; security breaches or cyberattacks; criminal acts; delays or defaults caused by common carriers; acts or omissions of third parties; or, any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against. In the event of force majeure, Harmonya is excused from any and all performance obligations and this Agreement shall be fully and conclusively at an end.

Electronic Communications. The communications between you and Harmonya use electronic means, whether you use the Site or send us emails, or whether Harmonya posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Harmonya in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Harmonya provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

Entire Agreement. This Agreement, together with Harmonya’s Privacy Policy, constitute the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Harmonya is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Harmonya’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Harmonya may freely assign this Agreement. The terms and conditions set forth in this Agreement shall be binding upon assignees.