61262018
SETTLEMENT AND RELEASE AGREEMENT
This Settlement and Release Agreement (hereinafter “Agreement”) is made by and between:
Secure Biteoin Traders Private Limited, a company incorporated in India and having its registered office at
801-A Aggarwal Corporate Heights A-7 Netaji Subhash Place Pitampura, Delhi - 110 034 hereinafter referred to
as “Coinsecure”:
AND
resident of and hereinafter
“Customer”.
referred fo as
Coinsecure and the Customer are hereinafter individually referred to as “Party” and collectively referred to as
the “Parties”
WHEREAS the Customer had an online account with Coinsecure which was governed by the Terms and
Conditions of the website htips://coinsecure.in/, Under the said Terms and Conditions and in the main page of
the website, Customer was adequately warned that dealing in Bitcoin entails the risk of hacking and in the event
of any loss due to such an incident of hacking, Coinsecure shall not be liable for any loss.
WHEREAS as an ongoing transaction, the Customer had transferred/kept in the
account of Coinsecure, with last viewable balance on April 9, 2018 with Customer account email address of
\. Thereafter, on April 9, 2018 Coinsecure suffered a cyber-attack wherein it lost a large
number of Bitcoin, including the above 0 Bitcoins held in the Customer’s account with Coinsecure.
WHEREAS under the Terms and Conditions, Coinsecure is not liable for any loss suffered by the Customer due
to such an attack, in the interest of the customers, and in return for the Customer releasing Coinsecure from all
future claims and proceedings, Coinsecure is willing to ex gratia compensate to the Customer, the Rupee
equivalent of its Bitcoin balance as on April 9, 2018.
NOW, THEREFORE, in consideration of the above recitals and the mutual promises and conditions contained
in this Agreement, the Parties agree as follows:
1, Release of Coinsecure. The Customer on behalf of itself and any and all of its agents, representatives,
successors, and assigns, does hereby absolutely, fully, and forever release, relieve, remise, and discharge
Coinsecure and its past, present, and future employees, officers, directors, agents, attorneys, contractors,
representatives, affiliates, and the predecessors, successors, and assigns of any of them, from any and all
causes of action, claims, damages (including punitive damages), demands, debts, actions, attorneys’ fees,
costs of suit, and liabilities of every kind or nature whatsoever, including but expressly not limited to any
claims or obligations, whether known or unknown, contingent or otherwise, or which may accrue in the
future, arising directly or indirectly out of or relating in any way to any transactions, dealings and
undertakings between the Parties, including but not limited to all claims asserted or assertable before any
court, arbitral tribunal or any judicial, quasi judicial or non judicial authority of any kind. The Customer
acknowledges that, in making this unconditional release, it is not relying upon any oral or written
representations or warranties from anyone so that there shall be no claim that this Agreement was
procured or induced by fraud or any other similar claim that would attack the validity of the terms of this,
Agreement,
Signature of Customer:61262018
2. No future claims against Coinseeure. The Customer further agrees to refrain from commencing any
action or issuing any proceedings against Coinsecure or its current or former officers or employees in
respect of any claims with respect to any transactions between the Customer and Coinsecure.
Notwithstanding the above release, in the event of any claims, damages, obligations, losses, injuries, costs
or debt, and expenses against the Company arising out of any actions directly or indirectly attributable to
the Customer, the Customer shall indemnify and hold Coinsecure, its affiliates, officers, directors,
employees and agents, harmless from and against any and all such claims, damages, obligations, losses,
injuries, costs or debt, and expenses (including but not limited to attorney’s fees)
3. Consideration. In consideration for the Customer releasing Coinsecure from all present and future
liabilities, civil or criminal, and upon fulfilment of the conditions provided in this Agreement, including
but not limited to those contained in section 4 herein, the Customer shall be entitled to receive from
Coinsecure consideration as follows:
The Customer shall be compensated its entire account balance held with Coinsccure as on April 9, 2018, in
Indian Rupees. The balance as on April 9, 2018 being 0 BTC and 0.00 Rupees. The exchange rate for
conversion into Indian Rupees shall be the exchange rate prevailing on April 9, 2018 i. 1 BTC = Rs.
4,37,000/- (Rupees Four Lakhs Thirty Seven Thousand Only). Applying the above exchange rate the total
amount payable to the Customer shall be as follows
The Customer acknowledges and agrees that in consideration for receiving the compensation, the Customer
hereby fully and completely relinquishes, assigns, transfers, in favour of Coinsecure, all right, title and
interest in the Bitcoins held by the Customer in its account with Coinsecure.
4, Conditions for payment. The Customer shall be entitled to the payment contained in this Agreement only
after providing Coinsecure with the following documents;
a. Copy of Adhaar Card front and back sean for photo ID + address proof
b. Copy of PAN Card of the Customer
¢, Cancelled Cheque of The Bank Account in which compensation will be credited. (Note: The cheque
should contain the name of the account holder and the details should match with the KYC details
available with us)
4. Copy of the last filed Income Tax Returns (Form V)
The Parties hereby agree that the Customer shall only be entitled to receive the payment if the above
mentioned documents reach the office of Coinsecure at the address mentioned below on or before June 30,
2018.
Secure Bitcoin Traders Pvt. Ltd.
Office No. 801- A, Aggarwal Corporate Heights,
A-7, Netaji Subhash Place, Pitampura
New Delhi - 110034, India
21861262018
Signature of Customer:
5. Sharing of Documents. The Customer agrees and acknowledges that Coinsecure shall be free to share the
above details with any governmental authorities, including the Income Tax Department or any other
enforcement authorities as the case may be.
6. Waiver. No omission or delay on the part of either Party in requiring a due and punctual fulfillment by
any other Party of its obligations hereunder shall be deemed to constitute a waiver of any of such Party's
rights to require such due and punctual fulfillment and, in any event, shall not constitute or be construed as
a continuing waiver and/or as a waiver of other or subsequent breaches of the same or other (similar or
otherwise) obligations of such other Party hereunder or as a waiver of any remedy. No waiver of a breach
of any provisions of this Agreement shall be effective unless such waiver is in writing signed by the Party
against whom the waiver is claimed.
7. Entire Agreement. This Agreement contains the entire arrangement between the Parties on the subject
matter hereof and supersedes all prior discussions, information, writings, memorandums and documents
exchanges and agreements. This agreement is an exact copy of the claim form/agreement posted on the
website of Coinsecure at https://claims.coinsecure.in/claims_agreement pdf and has not been changed in
any manner by the Customer while printing it out and signing it. The Parties hereby acknowledge and
agree that in case of any discrepancy between this Agreement and the format of this Agreement available
at the link above, the format available at the link above shall have overriding effect and shall govern the
transactions between the Parties.
8, Governing Law and Jurisdiction. This Agreement shall be construed, and the legal relations between the
parties shail be determined, in accordance with the substantive laws of India. The courts of New Delhi
shall have jurisdiction to settle any dispute arising out of or under this Agreement and the parties agree
that such courts are the most appropriate and convenient courts to settle disputes and accordingly no party
will argue to the contrary.
IN WITNESS WHEREOF, this Agreement is deemed to be executed as of the day the Customer agrees to it.
SIGNATURE:
DATE:
NAME OF CUSTOMER:
MOBILE NUMBER:
ADDRESS:
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