These User Terms and Conditions are applicable with effect from 1st June, 2022.. The mobile/web application Density.Exchange and the associated website https://density.exchange/ and any of our associated websites or mobile/web applications (collectively, the "Density.Exchange") are owned, operated and managed by PAGARPAY INDIA PRIVATE LIMITED (CIN U72900KA2900KA2021PTC153164), having its registered office at Level 5, Trifecta Adatto, 21, ITPL, Main Rd, Garudachar Palya, Mahadevapura, Bengaluru, Karnataka 560048 (hereinafter referred to as ‘Density’ or ‘Company’ or ‘Us’ or ‘We’ or ‘Our’, which term shall mean and include our affiliates, group entities, related parties and service providers).
PLEASE CAREFULLY READ THESE USER TERMS AND CONDITIONS BEFORE ACCESSING ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, APPLICATIONS, TOOLS AND FEATURES ON DENSITY.EXCHANGE OR USING DENSITY SERVICES. BY CLICKING “I AGREE” OR BY SIGNING UP OR ACCESSING OR USING OR CONTINUING TO BROWSE THROUGH DENSITY.EXCHANGE OR USING DENSITY SERVICES, WHETHER AS A GUEST OR REGISTERED USER, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED EACH OF THE TERMS CONTAINED HEREIN AND AGREE TO BE BOUND BY THE SAME. IF YOU HAVE OBJECTIONS TO THESE USER TERMS AND CONDITIONS, OR ANY PART THEREOF, AND/OR IF YOU DO NOT AGREE TO BE BOUND BY THESE USER TERMS AND CONDITIONS, OR ANY PART THEREOF, PLEASE DO NOT ACCESS DENSITY.EXCHANGE AND DO NOT USE DENSITY SERVICES IN ANY MANNER.
1.2 Additional Policies. These User Terms and Conditions are in addition to any other agreements or policies for availing our Services that govern your use of information, content, tools, products and services available on and through Density.Exchange. In addition to User Terms and Conditions, we reserve the right to introduce other policies and procedures that can apply to use of our Density.Exchange and Services. Such additional policies include:
1.2.2 Trading Policy, which sets out the terms on which trades are executed on Density.Exchange as per your instructions;
1.2.3 KYC-AML Policy, which sets out the terms regarding identity verification of our Users and the procedures followed for early identification and reporting of prohibited/illegal activities which may be committed by using our services. When using Density.Exchange, you must at all times comply with the AML Policy.
1.2.5 such other policies as we may introduce from time to time.
2.1 Unless the context requires otherwise, the following terms shall have meanings ascribed to them as below.
2.2 “Cryptos”or “Cryptocurrencies” or “Digital Tokens” or “Digital Assets” means – (i) blockchain based crypto-currencies or any other form of virtual currencies as well as proprietary coins and tokens cryptographically such as bitcoins etc.; (ii) a secured digital representation of value that functions as (a) a medium of exchange; (b) a unit of account; (c) a store of value, and/or (d) other similar digital representations of contractual rights or assets that uses distributed ledger technology and can be transferred, stored or traded electronically; each of which is neither issued nor guaranteed by any country or jurisdiction and does not have legal tender status in any country or jurisdiction, typically including blockchain-based assets or rights including sovereign cryptocurrency or virtual currency such as bitcoins, Litecoins, and ethers;
2.3 “Account” mean the registered account of the User on Density.Exchange;
2.4 “Density.Exchange” means our electronic trading platform system which includes the aggregate of its computer devices, software, database, communication system and all programs and technical facilities associated therewith to enable the user to access Services, obtain Wallet information, avail market information, make technical analysis on the markets, execute instructions, place and delete orders, receive notices from us and keep record of transactions, settlement obligations;
2.5 “Services” mean all content, functionality and services made available to users through Density.Exchange including but not limited to: (i) accessing your Wallet, (ii) enabling online storage of Digital Assets, (iii) placing sale or purchase orders on third party exchange platform(s), (iv) sending and receiving Digital Assets to and/or from your Account; and (v) any other products, services or offerings as may be introduced from time to time;
2.6 “Restricted Jurisdiction” means and includes but is not restricted to United States of America, Canada, Cuba, Japan, Algeria, Ecuador, Iran, Syria, North Korea or Sudan, United States Minor Outlying islands, American Samoa, Russian Federation, Israel, Saint Vincent and the Grenadines or a jurisdiction where transactions in Digital Assets may be prohibited or it would be illegal according to applicable law for you (by reason of your nationality, domicile, citizenship, residence or otherwise) to access or use Density.Exchange; or where the publication or availability of Density.Exchange is prohibited or contrary to local law or regulation, or could subject Density to any local registration or licensing requirements.
ACCESS TO DENSITY.EXCHANGE
3.1 Limited License. Subject to these User Terms and Conditions, we will grant you a limited, non-exclusive, non-sub-licensable, non-transferable, license to access Density.Exchange only for your personal, non-commercial use and solely as necessary in order to avail Density.Exchange. This license does not include any resale or commercial use of Density.Exchange or its contents; any collection and use of the contents, products, services, applications, tools and features; any derivative use thereof; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Any content on Density.Exchange (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without our express written consent. There are no implied licenses granted under these User Terms and Conditions.
3.2 Content. You can access Density.Exchange to avail information, text, graphic, content, tools and features as made available from time to time. Content on Density.Exchange is for general information purposes and is subject to change without further notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Density.Exchange for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
3.3 Interruptions. We do not make any representation or warranty that our Density.Exchange and Services will always be available, uninterrupted or error-free. You are aware and acknowledge that trading over the internet involves many uncertain factors and complex hardware, software, systems, communication lines, peripherals, etc., which are susceptible to interruptions and dislocations; and Density.Exchange may at any time be unavailable without further notice. You agree that you shall not have any claim against us on account of any suspension, interruption, non-availability or malfunctioning of our systems for any reason whatsoever or on account of any losses incurred due to volatility of prices of the Digital Assets or if Services are unavailable at any time or for any period. We will not be liable for any loss or damage caused by a virus, worms, or other technological attacks or harmful material that may infect your computer equipment, computer programmes, data or other proprietary material related to your use of Density.Exchange.
YOUR DENSITY ACCOUNT
4.2 One account per User or Entity. You may only open one Account with Us unless we have agreed in writing the opening of additional accounts. We may refuse the creation of duplicate accounts for the same user. Where duplicate accounts are detected/identified, we may close/delete/terminate or merge duplicate accounts at our sole discretion.
4.3 Who can open an Account. You must meet all eligibility and residency requirements to open, maintain and operate an Account in accordance with applicable laws of India or other jurisdictions relevant to you. You must be an individual of an age of majority (at least 18 years of age). You must be resident in India (as defined under the Foreign Exchange Management Act, 1999. In the event a user is not a natural person/human, resides or is during any period physically situated in any such jurisdiction outside of India, the User shall not register or use Density.Exchange or use the Density.Exchange during such period. We reserve the right to refuse access to any user who has been suspended, disqualified, debarred and/or removed by us or by any regulatory and/or statutory authority. If we change the eligibility criteria to be registered with Density.Exchange and you no longer comply with the new eligibility criteria, as determined by us in our sole discretion, you accept that we may close your Account without any liability for us. You are solely responsible for ensuring that you are in compliance with all laws, rules and regulations applicable to you. If your right to access Density.Exchange is revoked or use of Density.Exchange is in any way prohibited, in such circumstances, you agree not to use or access Density.Exchange or use Density.Exchange in any way.
4.4 You are not from Restricted Jurisdictions. You are not eligible to register, open or maintain an Account or otherwise permitted to access Density.Exchange, its content, usage and features if you are not a resident in India or you (by reason of your nationality, domicile, citizenship, residence or otherwise) are a citizen or resident of or are located, reside in or are otherwise established in any Restricted Jurisdiction. If at any time, we determine that you are accessing Density.Exchange from any Restricted Jurisdiction, or have given false representations as to your location, residence, citizenship or place of residence, we reserve the right to forthwith restrict/terminate your Account immediately and liquidate any open positions as to your cost and consequences.
4.5 Providing Accurate Information. All information (including sensitive personal data) you provide to us must be complete, accurate, up-to-date and truthful and not misleading. You must promptly update this information whenever it changes. We are not responsible for any financial loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information and/or provide additional supporting documents.
4.6 Suspension, Deactivation, Termination. Your continued access to Density.Exchange depends upon fulfillment of necessary KYC verification requirements as per KYC-AML Policy from time to time. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, ambiguous, not current or incomplete), or if we have reasonable grounds to suspect that such information is untrue, inaccurate, ambiguous, not current or incomplete, we have the right to suspend, deactivate, restrict or terminate your Account and refuse any and all current or future use of Density.Exchange (or any portion thereof) at our sole discretion, in addition to any right that we have against you at law or in equity, for any misrepresentation of information provided by you. We have the right to disable your access to the User Account or any part of it, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms, including without limitation the KYC-AML Policy.
5.1 What to Do. You must keep your Account secure/unaltered and secure by all means and steps to be taken on your end to ensure your account is protected and there is no unauthorised use/access of the same. You must change your password regularly and ensure that it is not reused across other online accounts. You may reset your Account password using your email address. You must follow recommended password management practices. You must set up 2-Step authentication or multi-factor authentication, if prompted.
5.2 What Not to Do. You must not let anyone access your Account or watch you accessing it. You must not use any functionality that allows your login details or passwords to be stored by the computer or browser you are using or to be cached or otherwise recorded.
5.3 Transacting on your own account. All activities under your Account shall be deemed as activities carried out or authorized by the registered User. You shall only use Account to transact on your own account and not on behalf of any other person or entity. We disclaim any liability arising from any transactions/instructions/sale/purchase which are not conducted by you or for any obligations of other users to You, any acts or omissions of a third party or user of Density.Exchange with whom you choose to deal with. If you know or suspect that anyone other than you know or has unauthorized access to your Account Information or any part of it, you must promptly notify us by sending us an e-mail at support@Density.com. We are not liable for any losses/damages/costs or other consequences of unauthorized use of your account.
5.4 Undertakings, Representations & Warranties. By accessing Density.Exchange or by registering, opening and maintaining an Account, you represent and warrant that:
5.4.1 you are over 18 (eighteen) years of age;
5.4.2 you have full authority and capacity to register open and maintain Account and execute, deliver and perform your obligations thereunder;
5.4.3 you are resident in India (as defined under the Foreign Exchange Management Act, 1999);
5.4.4 you (by reason of your nationality, domicile, citizenship, residence or otherwise) are not a citizen or resident of or are located, reside in or are otherwise established in any Restricted Jurisdiction.
6.1 Contacting You. You hereby authorize us to send trade confirmations, research calls etc. including all commercial communication even though You are registered with National Do Not Call Registry established under the Telecom Unsolicited Commercial Communications Regulations, 2007 or are registered or may register under the National Customer Preference Register established under new regulation viz the Telecom Commercial Communications Customer Preference Regulations, 2010. Your mobile carrier’s standard mobile messaging and data rates will apply.
6.2 You agree to receive electronically all communications, agreements, documents, notices, and disclosures (collectively, “Communications”) that Density provides in connection with your use of Density.Exchange or Density.Exchange. We may provide these Communications to You by posting them on Density.Exchange or notification via your mobile operating system or app store provider, emailing them to you at the email address you provide in the Account, sending them through an instant messenger chat service, or through other forms of electronic communication such as SMS or text message to the mobile phone number that you provide in your Account.
6.3 It is your responsibility to provide Density with accurate and complete contact information and to provide updates to your contact information as necessary. You understand and agree that if Density sends you an electronic Communication, but you do not receive it because (i) your contact information available/attached with Your Account is incorrect, blocked by your service provider, or out of date, (ii) the Communication was re-routed to your spam folder, or (iii) You are otherwise not able to receive or access the Communication, Density will be deemed to have provided the Communication to You and will be binding on You. If any email communication is returned as undeliverable, We retain the right to block your access to Density.Exchange or to Your Account until you provide and confirm a new and valid email address and, if required, any additional checks or diligence by us.
LIMITATIONS ON USE OF DENSITY SERVICES
7.1 Density is neither the creator nor the administrator of any Cryptos nor it is in any way responsible for volatility or fluctuations or other factors affecting pricing of any cryptocurrency, the operation of any blockchain with respect to any cryptocurrency, or the mining process in relation to any cryptocurrency. Density has no control over generation, distribution, retention (except in its wallets), verification, termination, or market volatility of any Digital Assets. Density merely acts as a facilitator for the trading in Cryptos by User, and provides other ancillary services in relation thereto, which are more fully set out hereunder.
7.2 Density does not provide any warranty or / and guarantee of any kind, either express or implied, in relation to the Services. Services and the products offered therein, including facilitation services for the trading of Digital Assets, are provided on an "as-is" and "as available" basis. Users avail of Services, and deal in Digital Assets at their own risk and with full awareness of the risk of the possible diminishment, devaluation and (potentially) complete loss of the entire holding or valuation of the User Account and all Digital Assets held therein, in the event of the occurrence of any of the risk factors outlined in this User Terms and Conditions (as well as other risk factors inherent in any transactions involving Digital Assets), including, but not limited to, changes in the regulatory or legal regime in India and/or outside India, and any legal, regulatory, contractual or other restrictions that may be placed on Density. It is hereby expressly declared that Density offers no warranty or /and guarantee of any kind regarding Services.
7.3 Services are strictly available for use only within India, to the extent (and till such time) that transactions or trading in Digital Assets are permitted and not been curtailed in such parts of India. Further, in the event that a user resides in any Restricted Jurisdiction, such users are not permitted to use Services in any form ("Restricted Jurisdiction Use"). Any Restricted Jurisdiction Use will amount to a breach, and Density shall forthwith be entitled to terminate the use and operation of the user’s Account, shall extend all cooperation to the relevant governmental and enforcement authorities, and shall not be liable in any manner whatsoever for any Loss arising out of such, in relation to, or subsequent to such Restricted Jurisdiction Use. Users are therefore duly warned against availing of Services in any manner whatsoever in or from a Restricted Jurisdiction, or from anywhere outside India. Users shall be solely responsible for ensuring compliance with this requirement, and for compliance with the laws and regulations of the jurisdiction in or from where they are availing of Services. Users are hereby duly cautioned that presently in India, "virtual currencies" (including all Digital Assets, cryptocurrency tokens and digital assets) have not been recognized or authorised as a medium for payment, as a commodity for trade, or in any form, by central bank, monetary authority, or governmental or regulatory body in India. The Reserve Bank of India has currently issued three press release viz. dated 24th December 2013, 1st February 2017 and 5th December 2017 respectively, cautioning users, holders and traders against the use of, and trading in, virtual currencies. Users shall therefore avail of Services subject to the above caution issued by the RBI, and should be aware of the regulatory and financial risks inherent in dealing with Digital Assets in any manner.
8 LIMITATION OF LIABILITY
8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE USER AGREES UNCONDITIONALLY THAT THE COMPANY VIZ; DENSITY.EXCHANGE OR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, PARTNERS, DIRECTORS, AGENTS AND EMPLOYEES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF DENSITY.EXCHANGE AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH WE DO NOT HAVE ANY DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.
INTELLECTUAL PROPERTY RIGHTS
9.1 Unless otherwise specified, all Content on Density.Exchange is owned, licensed, and is the property of the Company and is protected under copyright, trademark and other applicable laws. The trademarks, service marks and logos of the companies and others used on Density.Exchange (“Trademarks”) are the property of the companies and their respective owners. Users shall not reverse engineer or disassemble any part of Density.Exchange for any reason whatsoever. Any such action shall amount to a material breach of the Terms of the Company and may result in the Company terminating the defaulting User’s Account.
9.2 Density.Exchange may in places include third party intellectual property including the software used for creating or distributing Cryptocurrencies. The Company 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 the Users agree and understand that they shall also be bound by the said license terms.
NO RELIANCE ON INFORMATION
10.1 We display some content that is not ours. This content is the sole responsibility of the person/entity who makes it available. The content of the Online Density.Exchange, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional investment advice, tips or recommendations of any kind. For the avoidance of doubt it is clarified that the Company does not provide investment and financial advice to its Users. Reliance on any information appearing on Density.Exchange, whether provided by the Company, its content providers, visitors to Density.Exchange or others, is solely at your own risk, and the Company shall not bear any liability for any loss/ injury that may arise due to your reliance on any information published on Density.Exchange. You further acknowledge and agree that should any claim/ damage/ liability arise as a result of any reliance placed by you on any information published on Density.Exchange, the Company shall have no liability in relation to the same. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please do not assume that we do. Although we make reasonable efforts to update the information on Density.Exchange, we make no representations, warranties or guarantees, whether express or implied that the Content on Density.Exchange is accurate, complete or up-to-date.
11.1 To the maximum extent permitted by Applicable Law, you shall indemnify and hold harmless the Company, its owners, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out or relating to (a) your use of our Services, (b) your breach of these Terms, or (c) your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
GENERAL TERMS AND PROVISIONS
12.1 Relationship of the Parties: Notwithstanding any provision hereof, for all purposes including without limitation execution of any order and/or transaction initiated by you through Density.Exchange, you and the Company shall be and act independently and not as a partner, joint venturer, agent, intermediary, broker or in any other fiduciary capacity. You shall not have any authority to assume or create any obligation for or on behalf of the Company, express or implied, and you shall not attempt to bind us to any contract.
12.2 Assignment: You may not assign any rights and/or licenses granted under this User Terms and Conditions. We reserve the right to assign our rights without restriction, including without limitation to any Density affiliates or subsidiaries, or to any successor in interest of any business associated with Density.Exchange. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this User Terms and Conditions will bind and inure to the benefit of the parties, their successors and permitted assigns.
12.3 Severability: If any provision of this User Terms and Conditions shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this User Terms and Conditions shall not be affected
12.4 Change of Control In the event that Density is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
12.5 The company reserves the right to revoke the signup, bonus, and rewards from the user at any given time, as well as to terminate the rewards program altogether.
12.6 Survival. All provisions of this User Terms and Conditions which by their nature extend beyond the expiration or termination of this User Terms and Conditions, including, without limitation, sections pertaining to suspension or termination, Account cancellation, debts owed to Density, general use of the Density Site, disputes with Density, and general provisions, shall survive the termination or expiration of this User Terms and Conditions.
13.1 If you have any grievance, objection or complaint about Density.Exchange or any incident concerning the User Terms and Conditions, you may contact us by sending an email to firstname.lastname@example.org and in furtherance thereto provide us with all the necessary/relevant information and/or documents concerning such matter. We will undertake reasonable/fair/appropriate efforts to investigate and resolve your complaint.
14.1 We shall not be responsible for delay or default in the performance of our obligations due to contingencies beyond our control, such as (including but not limited to) losses/damages/costs caused directly or indirectly by exchange or market rulings, suspension of trading, fire, flood, civil commotion, earthquake, war, strikes, failure of the systems, failure of the internet links or government/regulatory action.
15.1 These Terms, its subject matter and its formation, are governed by the laws of the Republic of India. The courts of Bengaluru, India will have exclusive jurisdiction to deal with any dispute arising out of or in connection with these Terms or any other terms and conditions made applicable on you by us and you irrevocably consent to the jurisdiction and venue of such courts and waive any objection as to inconvenient forum.
“CRYPTOS” OR “CRYPTOCURRENCIES” OR “DIGITAL TOKENS” OR “DIGITAL ASSETS” ARE UNREGULATED DIGITAL ASSETS, NOT A LEGAL TENDER AND SUBJECT TO MARKET RISKS. ALL INVESTMENTS ARE SUBJECTED TO PRICE FLUCTUATION, LIQUIDITY AND OTHER RISKS. DENSITY DOES NOT GUARANTEE ANY ASSURED RETURNS OR PROFIT.