This High Value Trader Cashback Program (“Program”) is sponsored by Hatio Innovations Private Limited, having its registered office address at 801, Supreme Chambers, 17/18 Shah Industrial Estate, Andheri West, Mumbai - 400053 (“Sponsor”). Entry (defined below) to the Program constitutes a Customer's (defined below) full and unconditional agreement to and acceptance of these terms and conditions (“Terms and Conditions”) and the decisions of the Sponsor which shall be final and binding. Receiving a HVT Cashback (defined below) is contingent upon fulfilling all the requirements as stated in these Terms and Conditions. Participating in the Program is voluntary. These Terms and Conditions shall be bound by all applicable national, state and local laws and regulations.
This Program is valid throughout India except in the States where prohibited under Applicable Law (defined below). This Program will be managed and run by the Sponsor.
HOW TO ENTER & RULES
The customer (the “Customer”) is required to have an existing trading account on the Sponsor’s cryptocurrency exchange platform, Coinome, at www.coinome.com (“Coinome”). The Customer should register or be a registered user on Coinome. The registration with Coinome should be complete in all aspects for the Customer to commence trading and using the services of Coinome.
The Customer (defined below) shall engage in the buying and selling of cryptocurrencies for a value (“Trade Value”) exceeding INR 10,00,000 (Rupees Ten Lakhs) on Coinome during the Program Period (defined below) for Customer to be considered eligible to enter this Program (“Entry”).
By Entry to this Program, Customer agrees to these Terms and Conditions and warrants that Customer complies with all the requirements as set out in these Terms and Conditions.
For the purposes of this Promotion, Customer is eligible to receive the following (“HVT Cashback”):
If Trade Value per calendar week (Sunday to Saturday) (“Week”) is equal to or exceeds INR 10,00,0000 (Rupees Ten Lakhs), Customer shall receive 10 (ten) % of the net commissions charged by Coinome on the Trade Value of the Customer during the Week as cash back in the Customer’s Coinome account;
If Trade Value per calendar week (Sunday to Saturday) (“Week”) is equal to or exceeds INR 25,00,0000 (Rupees Twenty Five Lakhs), Customer shall receive 20 (twenty) % of the net commissions charged by Coinome on the Trade Value of the Customer during the Week as cash back in the Customer’s Coinome account;
If Trade Value per calendar week (Sunday to Saturday) (“Week”) is equal to or exceeds INR 50,00,0000 (Rupees Fifty Lakhs), Customer shall receive 30 (thirty) % of the net commissions charged by Coinome on the Trade Value of the Customer during the Week as cash back in the Customer’s Coinome account;
If Trade Value per Week is equal to or exceeds INR 1,00,00,0000 (Rupees One Crore), Customer shall receive forty (40) % of the net commissions charged by Coinome for the Trade Value of the Customer during the Week as cash back in the Customer’s Coinome account; and
If Trade Value per calendar week (Sunday to Saturday) (“Week”) is equal to or exceeds INR 5,00,00,0000 (Rupees Five Crore), Customer shall receive 50 (fifty) % of the net commissions charged by Coinome on the Trade Value of the Customer during the Week as cash back in the Customer’s Coinome account;
If Trade Value per Week is equal to or exceeds INR 10,00,00,0000 (Rupees Ten Crore), Customer shall receive sixty (60) % of the net commissions charged by Coinome for the Trade Value of the Customer during the Week as cash back in the Customer’s Coinome account.
If Trade Value per Week is equal to or exceeds INR 50,00,00,0000 (Rupees Fifty Crore), Customer shall receive seventy (70) % of the net commissions charged by Coinome for the Trade Value of the Customer during the Week as cash back in the Customer’s Coinome account.
HVT Cashback shall be paid in the same currency denomination as the commission earned by Coinome.
The Program is open to all individuals residing in India of the age of 18 years and above as on June 12, 2018.
Officers, directors, and employees of Sponsor, and the Sponsor’s parents, subsidiaries, affiliated companies, agents, advertising and promotion agencies, those involved in the execution and administration of the Program and their immediate family members are not eligible to Entry under these Terms and Conditions.
This Program is open from June 12, 2018 until such period as shall be notified to Customers by Sponsor. The Customer should continue to check Coinome for updates, as the Customer will be deemed to have been notified of the close of this Program. (“Program Period”).
All HVT Cashbacks to be paid to Customer under this Program shall be paid on a weekly basis, within a period of six days of completion of the week. i.e All HVT Cashbacks for a particular week (Sunday to Saturday) shall be paid on or before the Friday of the following week.
The Sponsor reserves the right to disqualify any Customer from the Program at their sole discretion without assigning any reasons or without any prior intimation whatsoever, during any given point of the Program Period.
No substitutions of the HVT Cashback, other than what is detailed in these Terms and Conditions shall be allowed. However, the Sponsor reserves the sole right to substitute and/or change the HVT Cashback without any intimation or notice, written or otherwise to the Customer.
CONDITIONS OF PROGRAM
Sponsor reserves the right, in its sole discretion, to cancel, terminate or suspend this Program or any part of this Program without assigning any reasons or without any prior intimation whatsoever, or should any non-authorized intervention, network failure, data storage failure, telecommunications failure, malfunction or other such default caused beyond Sponsor’s reasonable control corrupts or impairs the security, administration, fairness or operation of this Program.
Sponsor reserves the right to correct any typographical or clerical errors in these Terms and Conditions.
Sponsor reserves the right to prohibit any Customer from participating in the Program if, in its sole discretion, Sponsor finds such Customer to be tampering with the Entry process or the operation of the Program, or if the Customer has repeatedly shown a disregard for, or attempts to circumvent, these Terms and Conditions. Any Customer attempting to defraud or tamper with this Program in any way will be ineligible for HVT Cashback and may be prosecuted to the full extent under Applicable Law. Any failure by Sponsor to enforce any of these Terms and Conditions shall not constitute a waiver of these Terms and Conditions.
The Sponsor makes no commitment, express or implied, to respond to any feedback, suggestion and, or queries of the Customer in any form whatsoever.
ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS APPLICABLE AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW OR SEEK ANY ADDITIONAL APPLICABLE LEGAL RECOURSE, SHOULD SUCH AN ATTEMPT BE MADE.
LIMITATION OF LIABILITY & RELEASE
The Sponsor shall be under no liability whatsoever in respect of all actions, Claims, demands, proceedings, losses, damages, personal injury (including actual or perceived loss or the like) (hereinafter “Dispute”) and costs, charges and expenses whatsoever, arising directly or indirectly out of:
the exercise by the Sponsor of its right to terminate the Program;
any mis-statement, mis-representation, error or omission in any details of the Entry, as disclosed to the Sponsor;
telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures or difficulties of any kind;
failed, incomplete, garbled, or delayed computer transmissions;
the cancellation of this Program or if a HVT Cashback cannot be awarded due to cancellations, delays or interruptions due to acts of God, acts of war (declared or undeclared), natural disasters, weather, acts of terrorism, riot or civil disturbance, satellite or equipment failure, federal, state or local law, order or regulation, public health crisis, or order of any Court of law or any condition caused by events beyond the reasonable control of Sponsor which may cause the Program to be disrupted or corrupted;
any injuries, losses or damages of any kind arising in connection with or as a result of the HVT Cashback, or from Entry in the Program.
SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND EXPRESS OR IMPLIED, REGARDING ANY HVT CASHBACK OR THE CUSTOMER’S PARTICIPATION IN THE PROMOTION. BY PARTICIPATING IN THE PROMOTION, EACH CUSTOMER AGREES TO RELEASE AND HOLD SPONSOR AND ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES OF SPONSOR, ITS AFFILIATES, SUBSIDIARIES, ADVERTISING, PROMOTION AND FULFILLMENT AGENCIES HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY KIND IN CONNECTION WITH THE PROMOTION OR RESULTING FROM THE ACCEPTANCE, POSSESSION, OR USE OF THE HVT CASHBACK, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH, AND PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY. EACH CUSTOMER ALSO AGREES TO RELEASE AND HOLD SPONSOR HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY KIND IN CONNECTION WITH THE PROMOTION OR RESULTING FROM THE ACCEPTANCE, POSSESSION, OR USE OF THE HVT CASHBACK, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH, AND PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY.
THE SPONSOR SHALL NOT BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF SAVINGS, LOSS OF BUSINESS OPPORTUNITY, REGARDLESS OF THE FORM OF THE ACTION OR THE THEORY OF RECOVERY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The total aggregate liability of the Sponsor, for any Claims asserted by a Customer or any third party in relation with the Program, regardless of the form of the action recovery, shall be limited to the value of the HVT Cashback.
Except where prohibited by Applicable Law, the Customer's acceptance of a HVT Cashback constitutes express permission for Sponsor to use the Customer's name, photograph, statements, Entry, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without any compensation made or offered to the Winner.
COLLECTION OF PERSONAL INFORMATION
INDEMNIFICATION BY CUSTOMER
The Customer hereby agrees to indemnify and keep the Sponsor indemnified from and against all actions, claims, demands, proceedings, losses, damages, personal injury, costs (including legal costs) (hereinafter “Claim”), charges and expenses whatsoever which the Sponsor may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising out of:
any violation, breach or alleged breach of these Terms and Conditions by the Customer.
the negligence or mistake of the Customer (directly or indirectly); and
Any issues arising out of spyware/viruses/malware in the Entries submitted by the Customer.
Any tax or other liabilities or charges payable to the Indian government or any other statutory authority/body or any participating establishment, which may arise or accrue to the Customer due to provision of the HVT Cashback, shall be to the sole account of the Customer.
This Program is governed by and construed in accordance with the laws of the Republic of India (“Applicable Law”) and the courts of Cochin will have jurisdiction over all Disputes that may arise out of and in relation to this Program.
By entering the Program, Customer agrees that (a) any and all Disputes, Claims, and causes of action arising out of or connected with the Program shall be resolved individually, without resort to any form of class action; (b) any and all Claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event shall include attorneys’ fees; and (c) under no circumstances will any Customer be permitted to obtain any award for and Customer hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses.
In all matters relating to the Program, the decision of the Sponsor shall be final and binding in all respects.
Any provision of these Terms and Conditions which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of prohibition or unenforceability but that shall not invalidate the remaining provisions of these Terms and Conditions or affect such provision in any other jurisdiction.
Any reference to a singular term shall include reference to the corresponding plural term and vice versa.
The Sponsor shall have the absolute discretion to amend or supplement any of these Terms and Conditions without assigning any reasons or without any prior intimation whatsoever. The Sponsor may notify / communicate the amended Terms and Conditions by hosting the same on Coinome or in any other manner as decided by the Sponsor. The Customer shall be responsible for regularly viewing these Terms and Conditions, including amendments thereto as may be posted on the Sponsor’s website or the microsite and shall be deemed to have accepted the amended Terms and Conditions.