3.1 An account shall be created on the STOEX Trading Platform for every Registered User
after successfully completing all the On-Boarding KYC Process (“Account”). Such an
Account shall have an associated blockchain address and a blockchain wallet which will
allow them to display, trade or store the RWA Tokens. (“Wallet”).
3.2 By registering on the STOEX Trading Platform you understand that the Company reserves
the right, in its sole discretion, to deny you access to this STOEX Trading Platform or any
portion thereof without notice for the following reasons (a) any unauthorized access of the
STOEX Trading Platform by you; (b) if you violate any provision of the Company’s
policies which includes this Terms & conditions, Privacy Policy, Creator’s Undertaking or
any other policy enacted and posted by the Company from time to time; (c) a direction
from any governmental authority; (d) if the Company is of the opinion that your Account
is being used for immoral or unlawful purposes or the financial transaction being made
through your Account are suspicious; or (e) you fail to adequately response to the
Company’s intimations or queries raised with respect to your Account.
3.3 Your dashboard on the STOEX Trading Platform will be linked to the Wallet and will
display the RWA Token’s owned by you and stored in the Wallet. You are solely
responsible for keeping your Wallet secure and you shall never share your credentials of
your Account or the Wallet with anyone.
3.4 Other users on the STOEX Trading Platform shall also have the right to participate in and
interact with Real World Assets listed on the Platform in accordance with the Platform’s
terms and conditions.
3.5 If you feel the security of your Account and/or the Wallet has been compromised, you shall
immediately report it to us at compliance@stoex.io. The Company bears no responsibility
or liability for any unauthorized access or use of the Account or any loss or damage arising
out of, or in relation to such unauthorized access or use.
4.1 Unless specified otherwise, we offer you access to the STOEX Trading Platform
solely for your personal uses. You agree to access or use the STOEX Trading
Platform only for legal purposes that are permitted by these Terms and Conditions.To protect our community and comply with legal obligations, we reserve the right
to take action, with or without advance notice, if we believe you have violated the
these Terms and Conditions. This may inter alia include: terminating your Account
on the STOEX Trading Platform; limiting or disabling your access to the STOEX
Trading Platform and/or its services; disabling your ability to use the STOEX
Trading Platform and/or services in conjunction with buying and selling RWA
Tokens through our STOEX Trading Platform; removing your ability to become a
Sponsor on the STOEX Trading Platform or use our services to interact with the
Real World Assets; disabling your ability to use the services in conjunction with
buying/selling/transferring RWA Tokens; and/or taking other actions we deem
necessary in our sole discretion.
5.1 The RWA Tokens on the STOEX Trading Platform are freely transferable, subject to the
specific terms and conditions defined in the associated stoex contracts.
5.2 Each RWA Token available on the STOEX Trading Platform represents fractional
ownership in a real-world asset. When you acquire RWA Tokens through our STOEX
Trading Platform, you gain a proportionate ownership rights as determined by the Sponsor
of the particular Real World Asset.
5.3 Ownership Returns: Owning RWA Tokens may entitle you to a share of the returns
generated by the associated Real World Asset. These returns, which may include rental
income, capital appreciation, or other forms of income, which may be distributed to you
via a trust mechanism (“Trust”). It is important to note that the Company does not ensure
any guarantee of returns on RWA Tokens
5.4 You acknowledge and agree that the Trust of the Real World Asset associated with your
RWA Tokensis solely responsible for managing and providing returns, if any, on the RWA
Tokens you hold. The Company has no responsibility or obligation to guarantee or provide
returns on RWA Tokens.
5.5 The Company acts solely as an Trading platform facilitating the trade and transfer of RWA
Tokens. We do not guarantee the performance, profitability, or returns of RWA Tokens,
nor do we assume any responsibility for the actions or obligations of Sponsors. The
STOEX Trading Platform provides a marketplace for the buying and selling of RWA
Tokens but does not endorse or warrant the value or returns associated with such tokens.
6.1 Certain services on the STOEX Trading Platform may display, include or make available
content, data, information, applications, or materials from third parties (“Third Party
Materials”) or provide links to certain third-party websites. By using STOEX Trading
Platform, you acknowledge and agree that the Company is not responsible for examining
or evaluating the content, accuracy, completeness, timeliness, validity, copyright
compliance, legality, decency, quality or any other aspect of such Third-Party Materials or
websites.
6.2 Company and its officers, affiliates, and subsidiaries do not warrant or endorse and do not
assume and will not have any liability or responsibility to you or any other person for any
third-party services, Third party Materials or websites, or for any other materials, products,
or services of third parties. Third Party Materials and links to other websites are provided
solely as a convenience to you. The use of such third-party services shall be strictly in
accordance with the respective terms and conditions of such third parties.
7.1 Unless otherwise stated by the Company, the Site, all content, and other materials
contained therein, including, without limitation, the Company’s logo, and all designs, text
graphics, pictures, information, data, software, and files relating to the STOEX Trading
Platform (“Our Content”) are the proprietary property of the Company or our affiliates,
licensors, or users, as applicable
7.2 The Company logo and any STOEX Trading Platform product or service names, logos, or
slogans that may appear on the website or elsewhere are the proprietary property of the
Company and may not be copied, imitated or used, in whole or in part, without our prior
written permission. Unless otherwise stated, you may not use any Our Content without our
express written permission.
We, as a Company, recognize the paramount importance of establishing an effective and fair
dispute resolution mechanism. To this end, we have instituted a Customer Experience Group
(CEG) dedicated to addressing and adjudicating on complaints and feedback from our valued
users. If, at any point, you believe that a Real World Asset is in violation of any conditions
outlined in these Terms & Conditions, we encourage you to promptly submit a complaint to the
CEG, providing all pertinent facts, supporting evidence, relevant documents, and any other
materials necessary to facilitate a comprehensive review. Such complaints should be submitted
via email to the address specified at compliance@stoex.io.
8.1 Investigation and Response: Following the receipt of a complaint, the CEG will initiate an
investigation into the alleged violation. In the interest of fairness and transparency, the CEG will also extend an opportunity to the owner of the implicated Real World Asset to
provide a response or explanation in connection with the allegations.
8.2 Adjudication and Remedial Action: Upon careful and impartial review, the CEG will issue
a final order. If, in the opinion of the CEG, the alleged violation is substantiated and found
to be in contravention of these Terms & Conditions, we expressly reserve the right to take
appropriate remedial actions
10.1 General Assumptions of Risk:
(i) The Company will not be liable for any loss of any kind from any action taken or
taken in reliance on material or information contained on the STOEX Trading
Platform. The Company does not represent or warrant that any content on the
STOEX Trading Platform is accurate, complete, reliable, current or error-free.
(ii) You acknowledge that any transaction undertaken by you involving the sale and
purchase of RWA Token must be with the knowledge and assumption of the risk
that the RWA Token may experience significant price fluctuations and value
volatility. The Company will not, under any circumstance, be held liable to you for
price fluctuations and value volatility.
(iii) The Company declares that the applicable regulatory landscape governing
blockchain technologies, cryptocurrencies, and other digital assets is uncertain and
the issuance of new regulations, directions, judgements, adaptations by the legal
authorities may have an adverse impact on the functioning, development and value
of the RWA Tokens. The Company shall not be responsible for any legal action or
loss that you suffer due to your use of STOEX Trading Platform,
(iv) The Company makes no warranty that the services provided through the STOEX
Trading Platform will meet your requirements, or that the STOEX Trading Platform
will be uninterrupted, timely, secure, or error free. This includes loss of data or any
service interruption caused due to any reason whatsoever. The Company is not
responsible for transmission errors, corruption of data.
(v) Under no circumstances, the operation of all or any portion of the STOEX Trading
Platform will be deemed to create a relationship that includes the provision or
tendering of an investment advice
(vi) The Company shall act within the bounds of the applicable laws. The Company
endeavours to abide by the AML and CTF standards set by Ministry of Finance,
RBI and any other regulatory entity in India and hence, may report the suspicious
financial transactions done by you on the STOEX Trading Platform to the
appropriate authorities
(i) The transactions with respect to the purchases, sales, listings, bids, transfers of RWA
Tokens and other functionalities utilize experimental stoex contract and blockchain
technology which is a novel and evolving concept. There may be developments that
compromise the functioning of these technologies and the Company disclaims all
the liabilities in this regard.
(ii) The user represents and warrants that the user is knowledgeable, experienced and
understands the usage of blockchain technology and that user acknowledges,
understands and is willing to accept the risks associated with related technological
and cryptographic systems such as blockchains, stoex contracts, cryptocurrencies,
decentralized or peer-to-peer networks and systems etc.
(iii) The user further acknowledges and agreesthat such technological and cryptographic
systems (inclusive of the examples listed in the preceding clause) may be subject to
malfunctions, bugs, timing errors, hacking and theft, changes to the protocol rules
of the blockchain (i.e., ‘forks’), hardware, software and/or Internet connectivity
failures, unauthorized third party data access, and other technological risks, any of
which can adversely affect the relevant stoex contracts and may expose user to a
risk of loss, forfeiture of user’s RWA Tokens, or lost opportunities to buy or sell
RWA Tokens.
(iv) The user accepts the inherent security risks of providing information and conducting
business over the Internet and acknowledge that Company assumes no liability or
responsibility for any such failures, risks, or uncertainties, nor for any
communication failures, disruptions, errors, distortions or delays that the user may
experience when using the STOEX Trading Platform, however so caused.
(v) The STOEX Trading Platform may experience or be the target of sophisticated
cyber-attacks, unexpected surges in activity or other operational or technical
difficulties that may cause interruptions to or delays on the platform.
(vi) The user acknowledges that the stoex contracts once executed over the blockchain
are permanent and immutable and there shall be no cancellation or refund of any
transaction that has once been executed through the stoex contract.
(i) The user acknowledges and agrees that the prices of RWA Tokens are extremely
volatile and unpredictable, that such RWA Tokens may have no or little inherent or
intrinsic value.
(ii) The Company do not make any representations of any kind that the value of any
RWA Tokens bought or sold on the STOEX Trading Platform will retain the value
of its original purchase price or attain any future value.
(iii) The user acknowledges that the value and/or utility of any Token (including RWA
Token) can be based on both subjective factors and market forces and any
fluctuations in value of RWA Tokens are outside of the control of the Company.
(iv) The user acknowledges and agrees that that use of the STOEX Trading Platform,
including the creating, buying or selling of RWA Tokens, may carry financial risk,
and that the risk of loss may be substantial.
(v) The user acknowledges and agrees that all transaction decisions are made solely by
the user and the transactions carried out through the STOEX Trading Platform are
irreversible, final and there shall be no refunds
(vi) By using the STOEX Trading Platform, the user represents that the user has been
and will be solely responsible for making his/her own independent appraisal and
investigations into the risks of a given transaction and the underlying Real World
Asset.
Any changes to be made to these Terms & Conditions, will be effective once published on the
STOEX website or upon release to the users of STOEX Trading Platform. Your continued used
of the STOEX Trading Platform or the services available therein is considered your acceptance
of such amended terms. If you do not agree to any amendments in these Terms & Conditions,
you must stop using the STOEX Trading Platform effective immediately. A frequent viewing of
these Terms & Conditions is recommended for a better understanding of these Terms &
Conditions that apply to access and use of the STOEX Trading Platform.
Upon the access and use of the STOEX trading platform, you represent and confirm that you are
not a part of any trade embargoes or economic sanctions list (such as the RBI, SEBI, United
Nations Security Council sanctions list), etc. P2 Koshayojan Services reserves the right to decide
markets and jurisdictions to conduct business, and may restrict or prohibit, as per discretion, the
use of the STOEX trading platform in certain countries or regions.
13.1 This STOEX trading platform is provided by the company on an “as is” and “as available”
basis and the company makes no representations or warranties of any kind, express or
implied, as to the operation of this STOEX trading platform or the information, content
included on this STOEX trading platform. You expressly agree that your use of this
STOEX trading platform is at your sole risk. The company reserves the right to withdraw
or delete any information from this STOEX trading platform at any time in its discretion.
13.2 You agree that your use of the STOEX trading platform shall be at your sole risk. To the
fullest extent permitted by law, the company, its officers, directors, employees, and agents
exclude all warranties, express or implied, in connection with the STOEX trading platform
and your use thereof.
13.3 We have exerted reasonable efforts to ensure that all information published on the STOEX
trading platform is accurate at the time of posting; however, there may be errors in such
information for which we shall have no liability. We reserve the right to remove or alter
any of the information contained on the STOEX trading platform at our sole discretion.
13.4 We shall make best endeavours to ensure that the services provided on the STOEX trading
platform are error-free and secure, however, neither the company nor any of its partners,licensors or associates makes any warranty that (i) the STOEX trading platform will meet
users’ requirements; (ii) STOEX trading platform will be uninterrupted, timely, secure, or
error free; (iii) the quality of the STOEX trading platform, information, or other material
that users obtain through the STOEX trading platform will meet users’ expectations
13.5 To the extent permitted by law, the company shall not be responsible for lost profits,
revenues, or data, financial losses or indirect, special, consequential, exemplary, or
punitive damages, whether arising from or relating to these terms & conditions, the
STOEX trading platform, our content or third-party materials, or for any damages related
to loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss
of goodwill, or loss of data, and whether caused by tort (including negligence), breach of
contract, or otherwise, even if foreseeable and even if the company has been advised of
the possibility of such damages.
13.6 To the fullest extent permissible by law and notwithstanding anything to the contrary
contained in these terms & conditions, in no event shall the maximum aggregate liability
of the company exceed usd 10,000.
13.7 Your use of the STOEX trading platform and/or purchase of any RWA token does not
constitute any form of partnership/ venture/ investment/unit subscription/ voting share/
collective investment/ financial assistance or any other collaboration between you and us.
Buying a RWA token doesn’t entitle you to any rights in the STOEX trading platform and
the company or any of its assets.
13.8 Any RWA token transferred outside STOEX to an external entity on an external
blockchain or from your STOEX wallet into an external unregistered wallet may forego
any gains or yield as prescribed
14.1 You are responsible solely for making sure that your use of the STOEX Trading Platform
is compliant with all laws, rules and regulations applicable to you.
14.2 Your right to access the services is automatically revoked where its use is prohibited or to
the extent that the offering of the services on the STOEX Trading Platform violates any
law, rule or provision applicable to you.
Subject to compliance with these Terms & conditions and the applicable laws, the Company
grants you a non-transferable, nonexclusive, revocable and limited license to use and access the
STOEX Trading Platform for your personal purposes. This license is given explicitly for you to
use the services provided on the STOEX Trading Platform. The Company shall revoke this
license if there is any unauthorized use of the license.
16.1 We respect the privacy of every individual and endeavor to establish best practices while
processing personal data which is collected, transferred, collated, accessed by us.
16.2 At the time of your registration/sign-up and during your use of our Platform, we collect
data, information which may be personal data. The information is processed in compliance
with the applicable data privacy laws.
16.3 Any information that is collected by us is used for a specific and legal purpose in
accordance with our Privacy Policy available at website privacy policy page
The Company reserves the right at any time to change, suspend, or discontinue the STOEX
Trading Platform in whole or in part with or without notice to the users. You agree that the
Company will not be liable to you for any such act
You agree that you are solely liable for determining what, if any, taxes apply to your transactions
on the STOEX Trading Platform, as per the applicable laws of any country in which you are
residing or are situated. Neither the Company nor any other Third Party is responsible for
determining the taxes that may apply to your transactions on any platform or service offered by
the Company.
You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors,
employees, agents, partners, and licensors from and against any and all claims, liabilities,
damages, losses, costs, expenses, fees (including reasonable attorneys’ fees), and judgments
arising from or relating to:
(i) Your use of the STOEX Trading Platform or any violation of these Terms & conditions;
(ii) Any information, materials you submit, post, or transmit through the STOEX Trading
Platform;
(iii) Your interaction with other users of the STOEX Trading Platform;
(iv) Any breach of representations, warranties, or covenants made by you in these Terms &
conditions;
(v) Your violation of any applicable laws, regulations, or third-party rights;
(vi) Any unauthorized access to or use of the STOEX Trading Platform;
(vii) Any action taken by the Company as part of its investigation of a suspected violation of
these Terms & conditions or as a result of its findings or decision to take corrective or punitive action against you or due to an order from any regulatory or law enforcement
authority.
(viii) Any losses or damages incurred by the Company, including but not limited to loss of
business profits, goodwill, or data, or any other tangible or intangible losses; and
(ix) Any claims, demands, suits, or proceedings brought by third parties against the Company
arising from or related to your use of the STOEX Trading Platform.
The Company reserves the right, at its own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, in which event you will cooperate
with the Company in asserting any available defences. This indemnification provision shall
survive the termination of these Terms & conditions and your use of the STOEX Trading
Platform.
You can withdraw your funds from your registered wallet only to your linked and verified
personal bank account, by placing a ‘withdrawal’ request on the platform. All such withdrawals
will be permitted only for such amounts that are available in your registered wallet. Withdrawal
amount will be refunded to your linked and verified personal bank account within 3 working days
from the date of your withdrawal request in the normal course of action. In case of any delaying
circumstances like name mismatch in your bank account and kyc documents, payment gateway
issues and other technical / operational issues beyond the control of the company / platform, the
refund may take further time and the same will be periodically communicated to you. No refund
will be initiated for orders placed on the STOEX Trading Platform, only withdrawal of fiat
balance of your registered wallet is permitted.
21.1 Waiver: The remedies herein reserved shall be cumulative, and in addition to any other
remedies provided at law or equity. Any failure by the Company to enforce or insist upon
strict compliance with any provision of these Terms & conditions shall not be deemed to
constitute a waiver of rights to demand strict compliance with the terms hereof. No waiver
of any term or condition of these Terms & conditions shall be deemed or construed to be
a waiver of any subsequent such term or condition in the future.
21.2 Severability: Each of the above restrictions is separate and severable from the other. Any
provision which is invalid or unenforceable, shall be ineffective to the extent of such
invalidity or unenforceability, without affecting in any way the remaining provisions
hereof.
21.3 Entire Agreement: These terms & conditions and the terms and conditions set out in these
Terms & conditions by reference, constitute the entire agreement between the user and the
Company with respect to the subject matter hereof.
21.4 Notice: Any notice, consent or other communication permitted or required by these Terms
& conditions, unless otherwise states, is to be given in writing and forwarded by email
and/or registered post with acknowledgement due or hand delivery to the following
91 Springboard Business Hub Pvt. Ltd.,
74/II, “C” Cross Road, Opp Gate No. 2,
Seepz, Andheri East, Mumbai,
Maharashtra, 400093