DIGITX takes all necessary steps to preserve and protect the details, particulars, data or information available in its Automated Trading System (ATS) and its computer systems. DIGITX causes its employees, who in the normal course of discharge of their duties, are likely to have access to details, particulars, data or information relating to any business transactions of the members of the DIGITX to maintain complete confidentiality in respect of all such details, particulars, data and information by those employees at all times.
DIGITX may provide or disclose such details, particulars, data or information relating to any business transactions of its members or in respect of any commodity or Digital Currency admitted to dealings on the DIGITX Trading Platform as may be required or directed in writing by any Court, Tribunal, Central or State Government, or any other competent regulatory or revenue authority empowered under any law or delegated legislation for the time being in force in that behalf.
No DIGITX member, approved user, authorized person or any of their employees shall be entitled to visit or inspect any premises of DIGITX, access whereto is restricted without prior written permission of the DIGITX or require discovery of any information with respect to any activities of DIGITX or any matter which is or may be in the nature of a trade secret, unknown of trade, secret process or any other matter which may relate to the conduct of business and which in the opinion of the Board or Relevant Authority maynot be expedient in the interest of the DIGITX todisclose.
Misconduct, UnBusiness like Conduct, Unprofessional Conduct and Prohibition of Fraudulent and Unfair Trade Practices: Members are liable to expulsion, suspension and / or withdrawal of all or any of its membership rights and / or to payment of a fine or Forfeiture of their Security Deposits/ Other Deposits and other amounts due and / or to be censured, reprimanded or warned for any misconduct, unbusinesslike conduct or unprofessional conduct, fraudulent and unfair trade practices in the sense of the provision in that behalf contained herein.
Members shall be deemed guilty of misconduct for any of the following or similar acts or omissions namely:
If it is convicted of acriminal offence or commits fraud or afraudulentact which in the opinion of the Digitx and/or is Relevant Authority renders it unfit to be a Member.
If it has violated provisions of any statute governing the activities, business and operationsof DIGITX, Members and cryptocurrencies in general as in force at the relevant period of time when such activities are alleged
If in the opinion of Digitx and /or its Relevant Authority, a member is guilty of dishonorable or disgraceful or disorderly or improper conduct on DIGITX trading platform and / or will fully obstructing the business of the DIGITX.
If a Member neglects or fails or refuses to submit to the Relevant Authority or to a Committee or an Officer of DIGITX,authorized in that behalf, suchbooks, correspondence, documents and papers or any part there of as maybe required to be produced or to appeal and testify be foreor cause any of its partners,attorneys,agents,authorized representatives or employees to appear and testify before the Relevant Authority or such Committee or officer of the DIGITX or any other person authorized in thatbehalf.
If it neglects or fails or refuses to submit it saudited accounts to the Relevant Authority with in such time as may be prescribed by the Relevant Authority from time totime.
Ifthe Member neglects or fails to compare its accounts with the Defaulters'Committee,if constituted or to submit to such committee a statement of its accounts with a defaulter or a certificate that it has no such account or if it makes a false or misleading statementtherein.
If a Member fails to cooperate with the Auditors/ officials of the Regulators/DIGITX inspection / audit team member, including system inspection/ Audit team members and or fails to furnish or submit any required documents, books of accounts, records, documents etc.
If it neglects or fails or refuses to submit or makes any false or misleading statement in its clearing forms or returns required to be submitted to the Relevant Authority under the Bye- laws, Rules and Business Rules; as may be issued by DIGITX, from time to time.
If it or its agent brings before the Relevant Authority or a Committee or an officer ofDIGITX or other person authorized in that behalf, a charge, complaint or suit which in the opinion of the Relevant Authority is frivolous, vexatious or malicious.
If it fails to pay its subscription, fees, arbitration charges or any other money which may be due by it or any fine or penalty imposed on it.
A Member shall be deemed guilty of un -business like conduct for any of the following or similar acts or omissions namely:
If it transacts its own business or the business of its constituent* in fictitious names.
If it makes a fictitious transaction or gives an order for the purchase or sale of cryptocurrencies, the execution of which would involve no change of ownership or executes such an order with knowledge of its character.
If it, in any manner, circulates or causes to be circulated, any rumors,
If it makes or assists in making or with such knowledge is a party to or assists in carrying out any plan or scheme for the making of any purchases or sales or offers of purchase or sale of commodities /cryptocurrencies for the purpose of upsetting the equilibrium of the market or bringing about a condition in which prices will not fairly reflect market values.
If it, directly or indirectly, individually or in collusionwith other persons, effects transactions in any commodity /cryptocurrencies to create actual or apparent active trading in such commodity/ cryptocurrencies or raising or depressing the prices of such commodity for the purpose of inducing purchase or sale of such commodity/goods /cryptocurrencies by others.
If it engages in reckless or unwarrantable or unbusinesslike dealings in the market or effects purchases or sales for its constituent's account or for any account in which it is directly or indirectly interested, which purchases or sales are excessive in view of its constituent's or his own means and financial resources or in view of the market for such commodity /cryptocurrencies.
if it connives at a private failure of a member or accepts less than a full and bonafide money payment in settlement of a debt due by a member arising out of a transaction in contracts / commodities.
if it issues to any other member or to its constituents* a cheque which is dishonoured on presentation for whatever reasons.
If it fails in the opinion of the Relevant Authority to carry out its committed transactions with its constituents*.
When in the opinion of the Relevant Authority it is in such financial condition that it cannot be permitted to do business with safety to its creditors or the DIGITX.
Members shall be deemed guilty of unprofessional conduct for any of the following or similar acts or omissions namely:
If it deals or transacts business directly or indirectly or executes an order for aconstituent who has within its knowledge failed to carry out engagements relating tocommodities /crypto currencies and is in default to another Member unless such constituent shallhavemade a satisfactory arrangement with the Member who is its creditor.
If it deals or transacts business directly or indirectly or executes an order for a constituent who has within its knowledge failed to carry out engagements relating tocommodities /crypto currencies and is in default to another Member unless such constituent shallhavemade a satisfactory arrangement with the Member who is itscreditor.
If without first obtaining the consent of the Relevant Authority, it directly or indirectly is interested in or associated in business with or transacts any business with or for any individual who has been bankrupt or insolvent even though such individual shall have obtained his final discharge from an InsolvencyCourt.
If without the permission of the Relevant Authority,it does business on its own accountor on account of a principal with or through a Member during the period it is required by the Relevant Authority to suspend business on theDIGITX.
If without the permission of the Relevant Authority it sharesbrokerage with or carries on business or makes any deal for or with any Member who has been suspended, expelled or declared adefaulter.
If it transacts business directly or indirectly for or with or executes an order for an authorized representative of another Member without the written consent of such employing Member.
If it makes a speculative transaction in which an employee of DIGITX is directly or indirectly interested.
If it advertises contrary to guidelines if any, issued by the Relevant Authority for advertisement by the Members.
If it willfully evades or attempts to evade or assists in evading the margin requirements prescribed by the Relevant Authority and/or in Bye Laws and Business Rules.
If it deviates from or evades or attempts to evade the Rules relating to charging and sharing of brokerage/clearingfees.
If it deals, directly or indirectly, in the course of its business with or transacts any business with or for any entity, which has been prohibited by the Regulatory Authority to buy or sell or deal in the commodity market /cryptocurrencies.
Note- The decision of the Board / Designated /Relevant Authority in this regard shall be final and binding upon the Members
*The term ‘Constituent’ / ‘Constituents’,shall mean and include a client or a customer or an investor, who deals with Digital / Crypto Currencies for the purposes of acquiring and/or selling of Digital / Crypto Currencies through DIGITX Trading Platform.