DEPOSITORY NETWORK TERMS AND CONDITIONS
1.1. This is an agreement (“user agreement” or “agreement”) between Depository Network OÜ (or “we”, “our,” “us”) and you (“User”). This agreement sets the terms of your use of the Depository Network website and Services.
1.3. You agree and acknowledge that these terms and conditions may be amended or supplemented at any time upon 2-months prior notice published on the Website. The continued use by you of the Website after making changes, including these terms and conditions or the Website, means you consent to these changes.
1.4. You acknowledge and agree that the Company reserves the right, at its discretion, at any time to change or permanently terminate or delete the Website, and to restrict any access to the Website for any reason.
1.5. Using this Website, you (in accordance with the Applicable Law and the laws of the country of residence and of the user’s nationality) confirm and warrant that: 1.5.1. You agree and accept these terms and conditions; 1.5.2. You have reached the age of maturity for the acceptance of this Agreement. 1.5.3. You comply with all other requirements and are legally competent. 1.5.4. this agreement was validly concluded with the Company and does not violate any other agreements to which you are a participant. 1.5.4. You have the necessary experience and knowledge to work with cryptographic Tokens, cryptocurrencies and systems based on the blockchain system, and also have full understanding of their structure and know all the advantages, risks and any limitations related to cryptographic Tokens (their purchase and use), cryptocurrencies and systems based on the blockchain system, and also know how to manage them, and you are fully responsible for any actions based on such knowledge. 1.5.5. If you represent a corporation, government organization or other legal entity, you have the right, the power to enter into agreements on behalf of the corporation, government organization or other legal entity. 1.5.6. You will not use the Website for any illegal activities, including money laundering and terrorist financing. 1.5.7. You are not a resident or citizen of the states (regions), state administrative divisions falling under the restrictions specified in clause 1.6.
1.6. Important notice for residents of countries in which the sale and purchase of Tokens is banned: Citizens and persons residing in countries (regions) in which the sale and purchase of Tokens are banned are not allowed to participate in the sale of tokens in compliance with their legislative prohibitions. The abovementioned restrictions also apply to companies or other legal entities created and/or owned by citizens and residents of states (regions) in which the sale and purchase of Tokens is prohibited. The continued use of the Website and/or Tokens means that you are not a resident or citizen of a country (region) that is under restrictions or does not own a company or other legal entity located in a state (region) that is under restrictions.
1.7. Any User if, in accordance with applicable law or the law of the country of residence of the User, who is in any way restricted or prohibited from accessing the purchase, storage, transfer, use or transactions with Tokens, cannot access this Website and is prohibited from use of this Website.
1.8. You are obliged to read carefully all the documents that regulate the use of the Website and this Agreement. All enclosed documents are considered an integral part of this document. When using the Website, each User confirms that he has read thoroughly and carefully all the documents and fully agrees with their terms.
1.9. The Company and the Website does not guarantee the security and compliance of your expectations with links to third-party websites and services. We are not responsible for the content of any materials that link to another website, and we do not provide any guarantees for the security of other websites or related services. The Company shall not be liable in the event of any loss or any other impact resulting from the use of any content, goods or services available on third party Websites and resources.
SECTION 1. DEFINITIONS
Account – Your digital account on the website, which you create to access to the Services and use to purchase tokens during the Depository Network token sale;
Affiliates – any persons or entities that have any relation to the Company, including, but not limited to partners, employees, agents and contractors of the Company.
Applicable Law – the law of the Republic of Estonia.
Blockchain – a type of distributed ledger, comprised of immutable, digitally recorded, data in packages called blocks.
Company – Depository Network OÜ, a company established under the laws of the Republic of Estonia, with Registry code: 14499865, having its seat and registered address at Harju maakond, Tallinn, Kesklinna linnaosa, Hobujaama tn 4, 10151, Estonia
Cryptocurrency – kind of digital currency, the creation and monitoring of which is based on cryptographic methods. The authorized digital currency used by Users to buy/sell Depository Network Tokens.
Ethereum – an open software platform based on Blockchain technology that enables developers to build and deploy decentralized applications.
Services – any service or product made available to you on or through the Website or provided to you by the Company through the Website.
Tokens – Depository Network Tokens are digital cryptographic tokens, providing their holders with the limited rights specified in the enclosed documents. Depository Network tokens are not a commodity and are not a tool of the financial market. Depository Network tokens do not grant intellectual property rights and rights to receive future income as dividends from the activities of the Company.
Token Sale – a restricted offering to eligible participants to purchase Depository Network Tokens during any Sale Period.
Website – www.depository.network owned by the Company.
White paper – enclosed documents, published by the Company on the Website, which describe the technical and marketing information of Depository Network and Token purchase terms and conditions;
SECTION 2. SUBJECT MATTER OF THE AGREEMENT
2.1. These Terms define the rights and obligations of the Company and you in relation to your access, use or other interactions with the Website and Services, including for the purpose of performing certain transactions using Tokens.
2.2. You are responsible for all use of the Services, whether or not the use is made by you or someone else using your username and password. You are responsible for protecting and securing your username and password from unauthorised use. If you believe there has been a breach of security of your username you should notify the Company.
SECTION 3. TOKEN SALE AND PURCHASE
3.1. By using the Website and Services you may purchase Tokens under the terms and conditions of each Token Sale as published on the Website and in the Token Sales Policy.
3.2. Specific information for each Token sale shall be published in the Token Sales Policy.
3.2. By purchasing, holding, or using Tokens, you acknowledge that transactions using cryptocurrencies (including cryptographic tokens) are inherently unstable and agree to accept that risk, and agree that the Company is not liable for any loss that you may experience.
3.3. The purchase of Tokens carries a number of risks. Before buying tokens, you should carefully study the White paper. If any of the risks are unacceptable for you, you should not buy Tokens. By purchasing tokens within the limits permitted by applicable law, you agree not to charge the Site Owner or any proxy in any damages, incidental or consequential damages arising out of or in any way connected with the sale of Tokens, including losses associated with risks.
SECTION 4. REGISTRATION AND USE OF ACCOUNTS
4.2. You have the right to change your registration information. You agree that you are personally responsible for any registration information provided to create an account, for using your login and password for the Account and for any actions taken during any use of your account. You agree to the confidentiality of the login data and must immediately notify the Company of any unauthorized activity of the Account. You are solely responsible for any loss or damage that you or we may experience as a result of your inability to perform your duties.
4.3. At any time and for any reason, by sending a request in the contact form on the Website, you can request the deactivation or termination of your account. We may recover penalties resulting from the use of your account at the time of termination or after the termination of your account.
4.4. We may terminate your user account and registration on the Website at any time if you violate these provisions and other supporting documents, in our sole discretion and without prior notice, without liability, if we find such measures objective and necessary in a particular situation.
- DISCLAIMER OF LIABILITY AND WARRANTIES
5.1. In accordance with applicable law, the User shall relieve the Company of any claims, losses, actions, proceedings, expenses or liabilities incurred by a third party arising from any breach of warranty or obligations under this Agreement.
5.2. You cannot raise any claims against the Company in the event of any failure by us to fulfil any obligations under these Terms as a result of circumstances beyond our control, such as: unauthorized breaches in the Website, technical malfunctions, general inability to provide the Services under this Agreement due to force majeure.
5.3. You cannot raise any claims against the Company in the event of any losses due to unauthorized breaches in the Website.
5.4. This Website and Tokens are provided without warranty of any kind. You assume the responsibility and risk regarding the use of the Website and the purchase of any number of Tokens and their use.
5.5. You understand and agree that the Owner of the Website and any of his trusted parties shall not be liable and will not be liable for any change in the value of tokens, crypto currency or fiat currency. The owner of the Website does not provide the User with any possibility of return (liquidity of payments) for purchased Tokens. The User understands and expressly agrees that the owner of the Website should not guarantee in any way that Tokens could be sold or transferred during or after the sale.
5.6. In the event of any changes in your country’s legislation on citizenship, residency or whereabouts that render the use of the Website and Tokens illegal, you agree to terminate the use of the Website and the Tokens immediately. You agree to be fully responsible for any applicable taxes levied on Tokens under the terms of this Agreement.
5.7. The Company does not guarantee that the information on the Website is accurate or reliable, and that there are no errors or viruses on the Website, that defects will be corrected, that there are no viruses or other harmful components on servers of the Website. The Company does not guarantee the uninterrupted availability of the Website at any time, in all countries or in all geographical locations and at any time.
5.8. The owner of the Website cannot and does not guarantee the liquidity of the Token market. By purchasing Tokens, you acknowledge that you are aware that you cannot sell Tokens in any markets prone to volatility in pricing and will not claim compensation from the Company for any loss or damage associated with the sale of Tokens or in any other way connected with the Company.
- INTELLECTUAL PROPERTY RIGHTS
6.1. The Company has a valid unrestricted and exclusive ownership right to use patents, trademarks, trademark registrations, trade names, copyrights and other intellectual property found on the Website and developed by the Company.
6.2. These provisions do not give the User the right to any intellectual property of the Company. The organization of such content belongs to the Company and is protected by national and international laws on the protection of intellectual property rights.
6.3. The Agreement does not grant the User the license and other rights that belong to the Company.
6.4. If, for the purposes of any registration of intellectual property rights of the Company, a documentary presentation or any other action is required from the User, the User must provide the Company with appropriate assistance without any consideration for it.
7.1. In these and enclosed documents, the relationship between you and the Company regarding the purchase and sale of Tokens is described fully. When deciding on the purchase of Tokens you agree to rely only on these documents and accept that these documents regulate the sale and purchase of Tokens and replace any public statements made by third parties, the Company or individuals associated with the Company.
7.2. If any term, used in this document is illegal, invalid or unenforceable, this term shall be deemed a separate part from this document, and shall not affect the validity of the document as a whole.
7.3. The inability of the Company to claim or enforce the User any of the terms of this Agreement or failure to perform any of the items may not be construed as a waiver of the Company’s right to file claims for failure to perform it. The express refusal of the Company in respect of any of the Terms, Conditions or Requirements of this Agreement is not a waiver of its observance in the future. Except as expressly provided in this Agreement, no statements, consents, refusals or other actions by the Company shall be deemed to be a modification of these requirements and shall not be valid unless they are documented in writing and executed by the User and the official, employee or representative of the Company.
7.4. The Company is not liable for non-fulfilment of its obligations for the following reasons: force majeure such as unavoidable accidents, delays in the delivery of materials, embargoes, government orders, and acts of civil or military authorities, actions of ordinary carriers, accidents (including weather conditions) or any such unforeseen event that makes commercial activity impossible. In the event of force majeure circumstances, a Party that has received a loss from the inability of another person may decide to suspend the Agreement in whole or in part during the period of force majeure circumstances. A party facing force majeure circumstances must cooperate with the injured party and assist it in all reasonable ways to minimize the impact of force majeure for the injured party.
7.5. The Company will facilitate investigations by law enforcement agencies; accept subpoenas or requests if they do not conflict with the laws of the relevant jurisdiction.
7.6. The Company and its proxies strictly follow the rules for AML, Know Your Customer (KYC) and other banking or government regulations in the respective jurisdictions. Each User agrees to facilitate the observance by the Company of all of the above rules and to provide law enforcement authorities, if necessary, with any necessary information.
7.7. Documentation may be updated from time to time and without prior notice, and a version from a specific date available on the Website will be considered as a guidance document in the event of any incidents occurring on that date. Updating documents on the Website will be considered a valid notification to all users and interested parties, therefore it is recommended that you regularly visit the Website in order to track information updates.