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THIS PARAGRAPH CONTAINS AN IMPORTANT NOTICE. PLEASE READ IT CAREFULLY. SECTION 17 OF THIS DOCUMENT REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS.

 

Last updated: October 20, 2022

Thank you for visiting Okcoin.com or the Okcoin app (the “Site”). Your use of the Site is being facilitated by one of the following parties (individually as a “Party”, “Okcoin”, “we”, “us” or “our”, and collectively as the “Parties”):

  • OKCoin USA Inc., a U.S. Delaware corporation, if you are a U.S. or Canadian resident in one of our operating states or provinces. 
  • OKCoin Europe LTD, a Malta limited liability company, if you are a resident of one of the European Union member states or the United Kingdom;
  • OKCoin Pte Ltd, a Singapore limited liability company, if you are a resident of Singapore or Brunei who registered on or after 15 October 2019; or
  • OKCoin Technology Company Limited, a Hong Kong registered corporation, if you are a resident of any other approved country that is not specifically listed above.
  • More details can be found on our Licenses Page;

The Party provides the user of the Site (referred to herein as “you”, “your” or “User”) the ability to engage in digital asset trading with other users, subject to these terms of service (the “Terms”). By visiting or accessing the Site, you agree that you have read and accepted these Terms, as amended from time to time as well as our Privacy Policy as amended from time to time as published on the Site, and you acknowledge and agree that you will be bound by such Terms, so please read them carefully. You further agree that these Terms apply to any account for which you are a representative or authorized signatory (your “Account(s)”). By clicking the “create account” button or by visiting the Site, the applicable Party provides you with access and utility through our digital asset trading platform via software, API (application program interface), technologies, products and/or functionalities (collectively or individually, the “Service(s)”).

If you do not agree to be bound by these Terms, do not access or use the Service(s). The Party reserves the right to change or modify the terms and conditions contained in these Terms, including but not limited to any policy or guideline of the platform that forms part of these Terms, by providing notice at any time and at its sole discretion. We will provide notice of these changes by posting the revised Terms on the Site and changing the “Last updated” date at the top of the Terms and/or through an e-mail communication if you provided an email address, and the updated Terms will be effective at such time.

You acknowledge that we may also vary these Terms immediately without notice and that our ability to vary the Terms, including without notice, is reasonably necessary to protect Okcoin’s legitimate business interests.

In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Service(s) and close your account. You agree that we will not be liable to you or any third party as a result of any losses suffered by any modification or amendment of these Terms. Your non-termination or continued use of this Site or Service(s) after the effective date of any changes or modifications of these Terms will constitute your acceptance of such changes or modifications.

These Terms and any terms expressly incorporated herein apply to your access to, and use of, any Service(s) provided by us. These Terms do not alter in any way the terms or conditions of any other agreement you may have with one of the Parties for products, services or otherwise.

We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Service(s). If you have any questions regarding the use of the Service(s), please contact support@okcoin.com.

 

1. GENERAL SERVICES TERMS

1.1 Trading Services: The Party provides online digital asset trading account services and a platform to spot trade digital assets (also known as “convertible virtual currency” in the U.S., “virtual financial assets” in Malta, “virtual commodities” in Hong Kong, “digital payment token” in Singapore, or occasionally by others as “cryptocurrency”, “cryptographic tokens”, “digital tokens”, or “cryptographic currency”), and may facilitate margin lending subject to it being available and if permitted in the relevant jurisdiction. Except as otherwise provided in Section 1.8 or in other product-specific terms of services published on the Site, when you purchase or sell digital assets on Okcoin, you are not buying or selling such digital assets from or to Okcoin. Okcoin’s role is to act as an exchange that facilitates the trading of digital assets by matching orders between you and other Okcoin users. You must open an account and transfer in digital assets or fiat currencies from an outside account held in your name prior to the commencement of trading.

1.2 Information Accuracy: While the Party has made every effort to ensure the accuracy of the information on the Site and to give you prior notice of any material change to the information of the Site, the information and content on the Site are subject to change without prior notice and are provided for the sole purpose of assisting users to make independent decisions. The Party has taken reasonable measures to ensure the accuracy of the information on the Site; however, we do not guarantee the accuracy, suitability, reliability, completeness, performance and/or fitness for purpose of the content of any of the Services or products available through the Site, and, to the extent permitted by law, will not accept liability for any loss or damage that may arise directly or indirectly from the content or your inability to access our Site, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through the Site. Neither the Party, nor any of the Parties, will have any liability, to the extent permitted by law, for the use or interpretation of such information.

1.3 Service Availability: By using our Service, you acknowledge and consent that the Service is provided by the Party according to its current technological capacity and other conditions. While the Party has made every effort to ensure continuity and security of the Services, we are unable to completely foresee and eliminate all legal, technological and other risks including but not limited to force majeure, virus, hacker attack, peak demand, volatility, heavy trading, systems upgrades or maintenance, system instability, flaw in third-party services, act of government, third party actions outside the control of the Party, or other reasons that may result in service interruption, data loss and other losses and risks. You agree and acknowledge the possibility of the discontinuity and disruption of the Service and, subject to these Terms, Okcoin will not be liable to you if you are unable to access your account or request a transaction through the Service. We do not intend to make the Services available in jurisdictions where the provision of such Services is unlawful, and you must not access the Services if you reside in such jurisdiction.

1.4 Fees and Costs: Fees may be incurred for certain Service(s) provided to you. You agree to pay the applicable fees in accordance with our fee schedule as published on the Site and amended from time to time. We may change the fee models and structures of such Service(s) from time to time. We may also start charging fees on free Service(s) at any time. Any change will be made in accordance with these Terms. You shall stop using the Services if you disagree with the above-mentioned changes, modifications or paid content. Please see Section 10 for more information.

In order to access the Services, you must prepare devices and bear costs as follows:

  • Internet-connected device, including but not limited to computer or other internet-connected terminals; and
  • Internet-accessing costs, including but not limited to internet fees, rental charges for internet-connected equipment, cellular data fees, etc.

1.5 Account Security: We will not ask you to reveal any password or keyphrase, nor will we ask you to transmit any funds or digital assets to bank accounts or addresses that are not listed on our trading platform. Please do not trust any discount or promotion-related information that is not accessed through the Site. To the extent permitted by law, Okcoin will not be responsible for any losses caused by transmitting funds or digital assets to bank accounts or digital asset addresses that are not listed on the Site. Please see Section 4 for more information.

1.6 Service Changes: You agree that we may change or suspend these Services at any time. By continuing to use the Service(s), you agree to the Terms and any other Terms added subsequently. Please see Section 11 for more information.

1.7 User Information: We have the right to investigate and determine transaction background and purpose of your use of the Service(s). You must provide real, comprehensive, up-to-date and accurate information as required by us. Subject to these Terms, we will not assume any responsibility for any losses caused by your failure to provide up-to-date information that results in our inability to reach out to you and give notice of the handling procedures. If we have reasonable grounds to suspect that you have provided false trading and/or identity information, we are entitled to restrict you from the use of some or all of the Service(s), including products, services and/or functions provided by any of the Parties, either temporarily or permanently.

1.8 Our Role and Associated Order Allocation: We may trade our own corporate funds by using the Service(s) on the Site from time to time. We may, at our sole discretion, enable direct purchase and sale of digital assets between the eligible users and us on the Site from time to time. If we are a party to a transaction on the Site, we may use third party service providers as intermediaries to effect our orders, trades and other transactions and will be treated the same as any other user. If we use the Site to enter into transactions on our own behalf, we will be treated the same as any other user or provided lower priority than other users, in terms of price-time priority and fee structure, other users’ orders, trades or other transactions. As a result, we may learn of certain information that constitutes “insider information” as defined under certain laws or regulations. We will not disclose any such insider information to anyone, and we will not use such insider information to trade in digital assets or attempt in any way to profit from any such insider information. The intent of the above policies is to provide your market orders with the opportunity to be filled at the best possible price (although the prices at which individual orders are filled will vary depending upon changing market conditions).

1.9 Recurring Digital Assets Transactions and Cancellation Policy: If you initiate recurring digital assets transactions, you hereby expressly agree and authorize us to initiate recurring electronic payments in accordance with your selected digital assets transaction(s) and any corresponding payment accounts, including but not limited to, the balance in your Okcoin account, and recurring Automated Clearing House (“ACH”) debit or credit entries (or equivalent payment services) from or to your linked bank account. Your recurring digital assets transactions will occur in identical, periodic installments, based on your period selection until either you or Okcoin cancels the recurring order. You may cancel the recurring digital assets transactions at any time by going to the designated recurring transaction page and selecting the related future recurring transaction for cancellation. Please refer to this FAQ page for information on how to cancel a recurring transaction. You acknowledge and agree that the cancellation will not cancel any transactions that have been, or are being, processed. If your bank is unable to process any electronic ACH debit entry, we may avail ourselves of remedies set forth in these Terms to recover any amount you owe to us including, but not limited to, seizing or liquidating any digital asset purchase price is not delivered due to a cancellation or failure of an ACH deposit. You shall notify us in writing of any changes in your linked bank account information prior to a scheduled recurring digital assets transaction. We may, at any time, terminate recurring transactions by providing notice to you.

1.10 Limited Services Terms: Notwithstanding anything contained herein to the contrary, if you are directed to this Site through third-party referral channels to complete certain transactions with credit cards, debit cards or local instant transfer methods, you agree and acknowledge that before you agree to these Terms, the services provided to you by us are limited to those transactions, and that irrespective of any use of the words “purchase”, “sale” or similar terms, no full rights and privileges are granted to you under this Agreement. We have no control over, or liability for, the delivery, quality, safety, validity, legality or any other aspect of any goods, services or technology that you may purchase from a third party (hereafter the “Third-Party Services”). We are not responsible for ensuring that a third party you transact with will complete the Third-Party Services or is authorized to do so. Be aware that Third-Party Services may have separate costs and fees associated with the goods, services or technology they provide, which are independent from our fees and are your responsibility. If you experience a problem in relation to the Third-Party Services or if you have a dispute with such third party, you should resolve the dispute directly with that third party. You are fully responsible for all acts or omissions of any third party with access to your Okcoin account. Further, you acknowledge and agree that you will not hold Okcoin responsible for, and will indemnify Okcoin from, any liability arising out of or related to any act or omission of any third party with access to your Okcoin account.

 

2. ELIGIBILITY AND PROHIBITION OF USING OUR SERVICES

2.1 Eligibility: The Services are intended solely for users who are 18 or older. By accessing or using our Service(s), you represent and warrant that you are at least 18 years of age and have not previously been suspended or removed from the Site or Service(s). There are certain features that may or may not be available to you depending on your location and other criteria. If you are registering to use the Service(s) on behalf of a legal entity (e.g. corporate or institutional customers), you represent and warrant that such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and you further represent that you are duly authorized by such legal entity to act on its behalf, and that such legal entity agrees to be responsible to us if you violate these Terms.

You further represent and warrant that you are not on any trade or economic sanctions lists, such as the Office of Foreign Assets Control (“OFAC”) specially designated national (“SDN”) lists, not a resident of the Restricted Territories (as defined in Okcoin’s Prohibited and Restricted Territories and Persons Addendum), nor restricted or prohibited from engaging in any type of trading by any law enforcement agencies. You also represent that you are not a resident of any crypto-banned jurisdiction. Service(s) may not be available in all markets and jurisdictions, and we may restrict or prohibit use of all or a portion of the Service(s) from certain countries/regions/territories (See Prohibited and Restricted Territories and Persons Addendum to Okcoin's Terms of Service).

As further discussed in the Prohibited and Restricted Territories and Persons Addendum to Okcoin's Terms of Service, any person or entity prohibited by U.S.-imposed sanctions is also prohibited from using the Service. Accordingly, you further represent that you will only transact with eligible users, as defined above.

Finally, within the U.S., OKCoin USA Inc. only provides the Services to users in specific States. The content of these Terms is subject to the laws of the country or region where you reside. As a result, if you do not meet these eligibility requirements, please do not use our Services.

2.2 Prohibited Businesses: Any use of our Service(s) in connection with any of the following categories of activities or businesses is prohibited (“Prohibited Businesses”), and we reserve the right at all times to monitor your transactions or accounts that are related to any of the following Prohibited Businesses:

  • Unlicensed money service businesses, including but not limited to, payment services providers, the sale of money orders or cashier’s checks or any money transmitter activities

  • Adult content and services, including but not limited to, any types of pornography and other obscene materials (including literature, imagery and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features

  • Deceptive marketing and false advertising services

  • Religious and/or spiritual organizations

  • Unlicensed sale of weapons of any kind, including but not limited to, firearms, ammunition, knives, explosives, or related accessories

  • Certain regulated products and services, including but not limited to, marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age restricted goods or services, and toxic, flammable, and radioactive materials

  • Pseudo-pharmaceuticals - Companies manufacturing and or selling untested or unapproved pharmaceuticals

  • Drugs and Drug Paraphernalia, including but not limited to, sale of narcotics, controlled substances, and any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs

  • Gambling activities, including but not limited to, sports betting, casino games, horse racing, dog racing, lotteries, games of chance, sweepstakes, games of skill that may be classified as gambling (i.e. poker), or other activities that facilitate any of the foregoing

  • Money-laundering, fraud, terrorist financing, or any other type of financial crimes

  • Any sort of Ponzi scheme, pyramid scheme, or multi-level marketing program

  • Goods or services that infringe or violate any copyright, trademark, or proprietary rights under the laws of any jurisdiction

  • Layaway systems, or annuities

  • Counterfeit or unauthorized goods, including but not limited to, sale or resale of fake or “novelty” IDs, sale of goods or services that are illegally imported or exported or which are stolen

  • Wash trading, front-running, insider trading, market manipulation or other forms of market-based fraud or deceit

  • Purchasing goods of any type from hidden service markets or “Darknet” markets, or any other service or website that acts as a marketplace for illegal goods (even though such marketplace might also sell legal goods)

  • Any other matters, goods, or services that from time to time we deem to be unacceptable or of high risk, and which, for example, may be restricted by our bank or payment partners; or

  • Any other unlawful activities which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where we conduct business, or which would involve proceeds of any unlawful activities

  • Shell Banks or Financial Institutions that have customers that are shell banks 

  • Entities with bearer share ownership

  • Defense industry, firearms & munitions manufacturers

  • Nuclear Energy

  • Restricted financial services, including but not limited to credit repair, debt settlement, refinance, bail bonds, collections agencies

  • Transactions or business involving ivory and protected species

In the event that we learn or reasonably suspect, in our sole discretion, that your account is or may be associated with any of the Prohibited Businesses as set forth above, we will consider it to be a violation of these Terms and may suspend or terminate your account, including by canceling any uncompleted transactions or freezing your funds immediately without notice, or take any other action required by a law enforcement agency, regulator, or any other authority. We reserve the right to report any such suspected or actual Prohibited Businesses to a law enforcement agency, regulator, or any other authority.

 

3. RISK DISCLOSURE

3.1 Trading Risk: Trading of digital assets involves significant risk. The risk of loss in trading or holding digital assets can be substantial. You should therefore carefully consider whether trading in digital assets (or any use of margin if permitted/enabled) is suitable for you in light of your financial condition, tolerance for risk, and investment objectives. 

You should exercise prudence in trading in digital assets (as well as any other assets). Prices can and do fluctuate at any moment. Due to such price fluctuations, you may increase or lose value in your assets at any given moment. Any digital asset or trading position may be subject to large swings in value and may even become worthless. Digital assets are not subject to Federal Deposit Insurance Corporation (“FDIC”), Securities Investor Protection Corporation (“SIPC”), the Financial Claims Scheme (“FCS”) or any other kind of deposit insurance or securities investors protection regimes.

3.2 Your Responsibilities: You shall bear any loss as a result of your actions, including, but not limited to:

  • “Fat finger” input or instructions errors, including price, quantity, and/or timing (market vs. limit order specification) errors;
  • Mis-timing or mis-submission of trade instructions;
  • Forgetting or disclosing your password;
  • Computer or network issues, including any hacks or virus issues related to your computer or network (or the network you are utilizing);
  • Transfer-in or withdrawal of digital assets or fiat currencies to or from the wrong account; or
  • Third parties accessing and using your account for any reason.

In the event of your malicious, manipulative, or abusive use of the Service, a violation of these Terms of Service, and/or any other behaviors or methods utilized to gain an unfair advantage, as determined at our sole discretion, we reserve the right to take necessary action, including, but not limited to, closing your account, placing restrictions on account transactions, freezing assets in your account, restricting your access to your account, commencing legal action against you and/or pursuing other measures of recourse. In the event you are not cooperative, you shall bear all costs incurred as a result of any action taken by the Party, including legal fees and costs. In addition, you shall take full responsibility to ensure the account information is verified before making the transfer so that digital assets or fiat currencies are transferred into the correct account. If you transfer digital assets or fiat currencies to a wrong account and such account is controlled by us, we will have the sole discretion to reject the transaction in relation to which the transfer was made, and return to you the relevant amount of digital assets or fiat currencies (after deduction of applicable handling fees). 

 

4. YOUR OKCOIN ACCOUNT

4.1 Account Registration and Identity Verification: In order to use any of the Service(s), you must first register to use the Service(s) by providing the requested information, which may include your email and/or mobile phone number, full name, date of birth, residential address, government identification number, taxpayer identification number and other personal or company information to verify your identity, along with affirming these Terms. You agree to provide us accurate and authentic information we request at registration and on an ongoing basis for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime, including without limitation (as relevant) a copy of your government-issued photo ID, or evidence of residency such as a lease or utility bill. If you are a U.S. resident, you further certify under penalty of perjury that all such W-9 information provided by you is correct, accurate and authentic. If any such information changes, it is your obligation to provide us such updated information as soon as possible. From time to time, we may send you requests to confirm or update the information you have provided. We reserve the right to suspend access to your account if we do not receive a response from you. We may, in our sole discretion, refuse to allow you to register to use the Service(s) or limit your ability to register multiple accounts. By registering an account with Okcoin, you agree and represent that you will use that account only for yourself, and not on behalf of any third party, unless approved by Okcoin. If the User is a corporation, you shall register a corporate account with Okcoin. An individual shall not use their individual account for business purposes. 

4.2 Protecting Your Account: You agree not to enable anyone to use or direct your account, and to update the Party of any information change or if your account has been compromised. You are responsible for keeping, protecting and safeguarding any keys, certificates, passwords, access codes, user IDs or other credentials and login information (collectively “Credentials”) that have been provided to you or that are generated in connection with your use of the Service(s). You are responsible for creating strong Credentials and maintaining security and control of any and all Credentials that you use to access the Services. If you lose your Credentials, you may not be able to access your account. For any activities in your account using your Credentials, we will assume that you authorized such transactions, unless you notify us otherwise. If you believe you did not authorize a particular transaction or that a certain transaction was incorrectly carried out, you must contact us as soon as possible with underlying documentation evidencing your request by email to support@okcoin.com. It is important that you check your account balances and your transaction history regularly to ensure you are fully aware of any unauthorized or incorrect transactions. Please note that, subject to these Terms, Okcoin will not be responsible for any liabilities, losses, or damages arising out of claims for unauthorized or incorrect transactions. We further assume no responsibility for your failure to follow or act on any notices or alerts that we may send to you.

4.3 Password Recovery: If you lose your password(s) you can reset it after being verified through your registered email address or phone number. You shall immediately report to the Party if any unauthorized operations or security breaches are found.

4.4 Account Closure: You may close your account at any time. Closing an account will not affect any rights and obligations incurred prior to the date of account closure. You may be required to either cancel or complete all open orders and, in accordance with the provisions of these Terms, provide transfer instructions of where to transfer any fiat currency and/or digital assets then remaining in your account. You are responsible for any fees, costs, expenses, charges, or obligations (including, but not limited to, attorney and court fees or transfer costs of fiat currency or digital assets) associated with the closing of your account. In the event that the costs of closing your account exceed the value in your account, you will be responsible for reimbursing us. Closing your account will not permanently delete your personal data, which may be required to be retained to comply with all applicable laws and regulations.

4.5 Account Suspension and Investigation: You agree and acknowledge that we have the right at any moment to suspend your Accounts, in our sole discretion. You also agree we can freeze/lock the funds and assets in all such accounts and suspend your access to the Site until a decision has been made, if we suspect, in our sole discretion, any of the following: 

  • The account is in violation of any of these Terms;
  • The account is in violation of any applicable laws or regulations;
  • The account is in violation of Anti-Money-Laundering/Counter-Terrorism Financing laws;
  • The account is in violation of a regulatory authority requirement, court order, or valid subpoena;
  • The account is, or is related to any account that is, subject to any pending litigation, investigation, or governmental proceeding;
  • The account has a balance that needs to be reconciled for any reason;
  • If the Party believes that an unauthorized person is attempting to gain access to your account;
  • If the Party believes that you are using your credentials or other account information in an unauthorized or inappropriate manner;
  • If the Party believes that your account is related to any Prohibited Businesses as set forth in Section 2.2;
  • If the Party believes that there are suspicious and/or fraudulent activities on your account; or
  • The account has not been accessed in over one year.

You agree and acknowledge that we have the right to immediately investigate your account and any related account, if we suspect, in our sole discretion, that any such account has committed a violation of these Terms or violation of applicable laws or regulations.

4.6 Account Termination: You agree and acknowledge that we have the right to terminate any account at any time in our sole discretion. You further agree and understand that we have the right to take any and all necessary and appropriate actions pursuant to these Terms and/or applicable laws and regulations including, but not limited to applicable escheatment laws and procedures including, but not limited to applicable escheatment laws and procedures. If your account is terminated, we will return your funds, less the value of any trading fee discounts, rebates, costs, expenses and/or damages that we are entitled to pursuant to these Terms. If your account is not subject to an investigation, court order, or subpoena, you authorize us to return your funds (less any trading fee discounts, rebates, costs, expenses and/or damages to which we are entitled) to any bank account linked to your account, unless otherwise required by applicable law. If there are any digital assets remaining in your account, you agree to provide us with a digital asset address held in your name upon receiving written notice, so that we can return the remaining digital assets to you.

4.7 Reversals and Cancellations: You agree and understand that you cannot cancel, reverse, or change any transaction that has been marked as complete in your account. We reserve the right to refuse to process, or to cancel or reverse, any transaction conducted under your account in our sole discretion, even after funds have been debited from your account, and we are under no obligation to allow you to reinstate a purchase or sale order at the same price or on the same terms as the canceled transaction:

  • if we suspect the transaction involves (or has a high risk of involvement in) suspicious trading activity or violations of these Terms;
  • if we have reason to believe there was an obvious error in any term, including but not limited to the price, amount or any other information about the trade;
  • if there was disruption or malfunction in the operation of any trading system; or
  • if there were extraordinary market conditions or other circumstances in which the nullification or modification of transactions may be necessary.

4.8. Right of Offset and Recoveries: In the event that there are outstanding amounts owed to us hereunder, to the fullest extent permitted by applicable law, we reserve the right to freeze your account and debit your account accordingly, and/or withhold amounts from funds you may transfer into your account, and/or dispose, at our sole discretion, any or all digital assets available in your account at a market rate of exchange in order to offset any amounts owed to us, and you acknowledge that you will be solely responsible for any and all tax consequences of any such liquidation of digital assets. In the event that the disposition or liquidation of digital assets is inadequate to satisfy the outstanding amount(s), you agree that you are required to immediately deliver, in U.S. Dollars (or, if applicable, the fiat currency relevant to your jurisdiction), the full amount outstanding. If you fail to do so, you will become liable to Okcoin not only for the amount outstanding, but also for the attorney’s fees, interest and expenses associated with its recovery. 

4.9. Credit Reporting and Third Party Collection Agencies: You agree and acknowledge that, to the extent permitted under applicable law, we may use the services of external credit reporting agencies, and third party collection agencies in the recovery of losses we incurred from transactions and activities in your account.

4.10 Electronic Delivery: We may be required to provide certain legal and regulatory disclosures, periodic statements and confirmations, notices, tax forms and other communications (collectively “Communications”) to you in written form. By agreeing to these Terms, you consent to Okcoin delivering such Communications to you in electronic form. Consent for electronic delivery applies to the statements that are furnished every year. If you no longer have access to your account to receive the disclosures in electronic form, then you may request the disclosures in written form by contacting our Customer Service at support@okcoin.com.

 

5. TRANSFER-IN AND WITHDRAWAL

For the purpose of these Terms, transfers-in and withdrawals will include transfer and withdrawal of either fiat currency or digital assets into/from your account.

5.1 Fiat Currency: We provide users with various fiat transfer-in and withdrawal options from time to time based on their locations and subject to the laws applicable to the Party, including but not limited to wire transfer, ACH transfer (or equivalent payment services) and indirectly transfer-in and withdrawal into/from the Payment Service Provider (“PSP”) and/or any bank account(s) held by any PSP. The current fiat transfer-in and withdrawal options and fee schedule are available here. Your transfer-in amount in your account will be in a pending state until after the bank transfer has cleared. The name on your bank account linked to your Okcoin account and your transfer must match the name verified on your Okcoin account. 

For eligible users, ACH transfer-in may be made available for trading immediately, and you will receive an email confirmation with transaction details upon authorizing any ACH transactions. However, these funds, or any digital assets bought with such funds, may be subject to a withdrawal holdup period of up to ten (10) business days or longer, based on your risk profile as determined at our sole discretion (“Withdrawal Hold Period”). Once your ACH transfer-in is cleared after the ACH Withdrawal Hold Period, you will be able to immediately withdraw these funds and any digital assets purchased with them. In the case that an ACH transfer-in is returned to your bank account, and you had already used the pre-credited funds to buy digital assets, we will debit your account with the same amount that was deposited. If this causes your account balance to go negative, you will have to deliver funds or sell a certain portion or all of your digital assets to bring your account balance back to positive. If you fail to promptly do so after your account goes negative due to, among other things and without limitation, your bank’s failure to process ACH transfer-in, we may, at our sole discretion and subject to applicable law, avail ourselves of remedies set forth in these Terms to recover any amount you owe to us, including but not limited to, selling any digital assets available in your account at a market rate of exchange until such negative balance is recovered.

You agree and acknowledge that the above-mentioned transfer-in and withdrawal options may not be processed outside of normal banking hours, and the settlement times are subject to bank holidays, the internal processes and jurisdiction of your bank, and the internal processes of our banks. You further agree and acknowledge that: (1) in certain situations, the settlement times may be delayed in connection with downtime or disruptions to our service providers that is outside our control; and (2) you are solely responsible for any negative account balances due to a failure to timely transfer-in fiat currency (and we reserve the right to avail ourselves of remedies set forth in these Terms to recover any amount you owe us). 

5.2 Digital Assets: Digital asset deposits will typically be credited to your account after the required number of network confirmations, as determined by us in our sole discretion, have occurred on the blockchain for such digital assets. Digital asset withdrawals will typically be processed at the speed of a digital asset network. You agree and acknowledge that digital assets are not legal tender, are not backed by the government, and accounts and value balances are not eligible for the FDIC, SIPC, FCS or any other kind of deposit insurance or securities investors protection regimes. You further agree and acknowledge that digital asset deposits and/or withdrawals may be delayed or impacted by network disruptions or other conditions (whether controlled by us or a third party) out of our control for which we will not be held responsible. 

At any time when you transfer-in digital assets to your account or initiate a withdrawal of digital assets from your account, you are required to verify that all steps have been properly taken so as to ensure that the transfer-in or withdrawal is properly made, including that the wallet address that you are initiating such transfer-in from and/or sending a withdrawal to is owned or controlled by you, and that your account is accurately value-added or value-decreased. You are also required and agree to provide all the information requested to Okcoin in order to facilitate the transfer-in or withdrawal service.

5.3. Additional Fees and Charges: You are responsible for paying any additional fees charged by financial service providers (including but not limited to PSPs, banks, and card schemes, hereinafter individually and collectively referred as the “Financial Service Provider(s)”) used to process a transfer to or from your account. We will not process a transfer if associated fees charged by the Financial Service Provider exceed the value of the transfer. You may be required to transfer in additional fiat to cover such fees in order to complete such a transfer.

 

6. PASS THROUGH FDIC INSURANCE ONLY FOR USD

For U.S. users, the U.S. dollar funds in your account are placed by Okcoin in one or more custodial accounts at one or more FDIC-insured banks for the benefit of its customers, with the intention that the customers be eligible for pass-through FDIC deposit insurance. FDIC pass-through insurance protects U.S. dollar funds held on behalf of a U.S. user against the risk of loss should such FDIC-insured bank(s) fail, subject to the Standard Maximum Deposit Insurance Amount per FDIC regulations and other applicable limitations. For non-U.S. users, non-U.S. dollar deposits held at any bank, as well as U.S dollar deposits held at banks located outside of the U.S., may not be subject to or eligible for FDIC deposit insurance. U.S. Dollar funds in your account are not subject to SIPC protection.

 

7. OKCOIN THIRD-PARTY SERVICE PROVIDERS

You agree and acknowledge that we may use third parties, affiliates or subsidiaries to gather, review, and transmit your data and activity from one or more of your financial institutions to us. By accessing or using the Service(s), you agree to grant third-party providers that we may engage with the right, power, and authority to access and transmit your transaction data, activity, and personal and financial information either directly from you or from one or more of your financial institutions to us in accordance with and pursuant to their terms and conditions, privacy policy, and/or other policies.

By using our Service(s), you agree that the data sources that maintain your accounts and any third-party providers that interact with your credentials or account data in connection with our Services are not liable for any loss, theft, compromise, or misuse whatsoever in connection with our Services (including negligence), except to the extent such liability cannot be limited under applicable law.

Data sources make no warranties of any kind related to the data provided by our Services—whether express, implied, statutory, or otherwise. Except for portable-document-format configured documents (“.pdf” or “PDFs”) of official account documents, which we retrieve on your behalf and provide to you without alteration, no data provided by our Services is an official record of any of your accounts. For purposes of these Terms, the “data source” referred hereto means a third-party information source where a User holds an account from which our third-party service provider retrieves information (for example, a financial institution URL, website, server, or document).

 

8. USERS’ RIGHTS AND LIMITATIONS TO USE

We grant you a limited, non-exclusive, non-transferable permit, subject to these Terms, to access and use the Site and Service(s), solely for approved purposes as permitted by Okcoin. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of Okcoin’s source code or similar proprietary or confidential data or other similar information, without our prior express written consent.

You may not use the Site for any unlawful purpose.

You agree that:

  • All rights, title and interest in the Services and associated software, website and technology, including all intellectual property rights therein, are and will remain with the Party;
  • No right or interest in the Services is conveyed other than the limited licenses granted herein;
  • The Services are protected by the copyright and other intellectual property laws; and 
  • All rights not expressly granted in these Terms are reserved.

The Party has the right to inquire, freeze or deduct the items and accounts of the User according to the requirements of any applicable judicial organizations, administrative organizations and military organizations, including but not limited to public security organizations, procuratorial organizations, courts, customs, and tax authorities.

 

9. USER OBLIGATIONS/PROHIBITIONS

9.1 You shall not register multiple accounts for any purpose, unless pre-approved by Okcoin.

9.2 You may not use another user’s account(s).

9.3 You are prohibited in any form from utilizing the Site to engage in illegal activities. Without the authorization or permission of the Party, the User shall not use any of the commercial activities in the name of this Site or in any form of the Site as a place, platform or medium for engaging in commercial activities.

9.4 You shall comply with all laws and regulations, and bear the responsibility and legal consequences of your own actions when using the Site and Service(s). In addition, you shall not infringe the legitimate rights and interests of any third party. Additionally, if the Party therefore suffers losses as a result of breach of these Terms by you, the Party has the right to recover from you via legal actions or other means whether pursuant to these Terms or otherwise.

9.5 If a user violates any obligation above, as determined at our sole discretion, the Party has the right to take all necessary measures directly, including but not limited to deleting the content posted by the user, freezing the user’s digital assets, pausing or seizing the User’s account and illegal gains, and prosecution.

 

10. FEES

10.1 The Party has the right to set user service charges according to these Terms. The Party also has the right to formulate and adjust the service charges, and set specific service charges to you to use the Service(s) and terminate any promotional efforts at any time.

10.2 Unless otherwise stated or agreed upon, you agree that the Party has the right to deduct the above-mentioned service charges directly from the assets of your account, subject to the Service having been provided.

10.3 Current Fee information is available here.

10.4 At the Party’s sole discretion, regional or country-specific pricing may vary based on the user’s residence or location.

10.5 If you fail to pay the applicable fees (including, but not limited to, service charges) in full or on time, the Party reserves the right to interrupt, suspend or close your account.

10.6 You shall be responsible for paying any additional fees charged by the Financial Service Providers in connection with processing transactions you initiate on Okcoin, including any card payment processing fee. The Party has no control over, nor will the Party be liable for, such fees charged by these Financial Service Providers. 

 

11. CHANGE, INTERRUPTION, TERMINATION, AND DISCONTINUANCE OF SERVICES

11.1 Service Change and Interruption: The Party may change the Service(s) and/or may also interrupt, suspend or terminate the Service(s) at any time with notice in its sole discretion. We may also interrupt, suspend or terminate the Service(s) immediately without notice, and you acknowledge that our ability to do so is reasonably necessary to protect Okcoin’s legitimate business interests.

11.2 Service Discontinuance and Termination: The Party reserves the right, in its sole discretion, to discontinue or terminate the Service(s) provided to you without notice, temporarily or permanently, including, but not limited to, the following cases:

  • If the personal information you have provided is not true, complete, accurate, or is otherwise inconsistent with the information at the time of registration and you have failed to provide reasonable proof (please remember, according to the laws or regulations you should submit true complete and accurate information);
  • If you violate the relevant laws and regulations or these Terms;
  • If required by any provisions of laws and regulations, as well as the requirements of relevant government authorities; or
  • For security reasons or other necessary circumstances in order to protect our legitimate business interests, as determined at our sole discretion.

 

12. COMPLIANCE WITH YOUR LOCAL LAWS AND TAXES

12.1 It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Service(s), and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. You agree that Okcoin does not provide legal or tax advice and is not responsible for determining whether taxes apply to your transactions or for collecting, reporting, withholding or remitting any taxes arising from any transactions. In particular, if you are a U.S. resident, you acknowledge that you are not subject to backup withholding due to the failure to report interest and dividend income. It is highly advisable that you consult your professional tax adviser to determine your tax status in your home jurisdiction.

12.2 Additionally, you agree to comply with all relevant laws and regulations. Regarding the prevention of terrorist financing and anti-money laundering, the Party will work with local authorities and may report certain transactions to the local authorities in accordance with applicable laws and regulations. When using our Service(s), you represent and undertake that your actions are in a legal and proper manner and your sources of digital assets and fiat currency are not derived from illegal activities. If we reasonably believe your source(s) of digital assets and fiat currency are derived from illegal activities, we may discretionarily or in coordination with local law enforcement authorities seize, restrict or close-out your account, fiat currency and digital assets.

 

13. PRIVACY POLICY STATEMENT

Please refer to our Privacy Policy Statement for information about how we collect, use, and share your information.

 

14. INDEMNIFICATION

Subject to applicable laws, except for Okcoin’s gross negligence, willful misconduct, fraud, or breach of these Terms, you shall indemnify, hold harmless and defend the Party and our agents (if any), employees, officers, directors, affiliates, subsidiaries and successors (collectively, the “Indemnified Party”) from and against all claims, losses, liabilities, damages, judgments, penalties, fines, or costs and expenses of whatever kind (including professional fees and reasonable attorney’s fees) (collectively “Losses”) which may be suffered or incurred by any of the Indemnified Party any as a result from or arising out of:

  • your use of the Service(s) hereunder;
  • your failure to perform your obligations under these Terms; 
  • your breach of any warranties and representations made to us under these Terms; 
  • any third party claim related to your use of the Service(s);
  • your failure to comply with any applicable federal, state, or local laws and regulations in the performance of your obligations hereunder; or
  • any investigation, claim, suit, action or other proceeding against the Party relating to or arising out of your use of the Service(s) by a governmental authority or regulatory or self-regulatory agency or organization.

If you are obligated to indemnify us, we have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.

 

15. DISCLAIMER

15.1 User Information: We are not responsible for the failure to preserve, modify, delete or store information provided by you. Nor will we be liable for the typographical errors, negligence, etc. not intentionally caused by us (or any of the Parties). We have the right but no obligation to improve or correct any omission or error of any part of this Site.

15.2 NO WARRANTY: THE SERVICES WE PROVIDE ARE PROVIDED TO YOU ON A STRICTLY “AS IS”, “WHERE IS” AND “WHERE AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, OKCOIN SPECIFICALLY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO UNINTERRUPTED OR CONTINUOUS AVAILABILITY OF SERVICES, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. OKCOIN DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE OKCOIN SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE, AND THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS ON THE PLATFORM. OKCOIN DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE OKCOIN SERVICES AND OKCOIN SITE. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT OKCOIN WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSETS PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, OR (C) INTERRUPTION IN ANY SUCH DATA.

15.3 User Opinion: Any comments published by the user is the user’s personal point of view, and does not represent the views of Okcoin or of this Site. Neither the Party nor this Site will bear any legal responsibility for consequences caused by any user comments.

15.4 Announcements: Notice will be made through a formal page announcement, station letter, e-mail, customer service phone call, SMS or regular mail delivery. We do not accept any legal responsibility for any results, promotion or information which are delivered by channels other than those mentioned in this paragraph.

15.5 LIMITATION OF LIABILITY: DESPITE ANYTHING ELSE IN THESE TERMS, IF AN APPLICABLE LAW IMPOSES A LIABILITY ON OKCOIN WHICH CANNOT BE EXCLUDED, BUT PERMITS THE PARTY TO LIMIT THAT LIABILITY, OKCOIN’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES THE LIABILITY OF OKCOIN FOR ITS FRAUD OR FOR ANY OTHER LIABILITY WHICH BY LAW CANNOT BE EXCLUDED. SUBJECT TO THIS CLAUSE AND THE LAW, IN NO EVENT WILL THE PARTY HEREOF, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE TO YOU (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE SUPPORTED DIGITAL ASSETS ON DEPOSIT IN YOUR ACCOUNT OR (B) FOR ANY LOST PROFITS, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SITE OR THE SERVICES, OR THESE TERMS OF SERVICES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF OKCOIN HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. 

IF THE JURISDICTION OF THE PARTY DOES NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

15.6 Risk Warning on Digital Payment Tokens (applicable to users of OKCoin Pte Ltd only): The Monetary Authority of Singapore (MAS) requires us to provide this risk warning to You if you are a customer of a digital payment token (DPT) service provider. The MAS states that before you pay your DPT service provider any money or DPT, you should be aware of the following.

(i) Your DPT service provider is exempted by MAS from holding a license to provide DPT services. Please note that you may not be able to recover all the money or DPTs you paid to your DPT service provider if your DPT service provider’s business fails.

(ii) You should not transact in the DPT if you are not familiar with this DPT. This includes how the DPT is created, and how the DPT you intend to transact is transferred or held by your DPT service provider.

(iii) You should be aware that the value of DPTs may fluctuate greatly. You should buy DPTs only if you are prepared to accept the risk of losing all of the money you put into such tokens.

(iv) You should be aware that your DPT service provider, as part of its license to provide DPT services, may offer services related to DPTs which are promoted as having a stable value, commonly known as “stablecoin."

 

16. APPLICABLE LAW AND VENUE

These Terms and your use of the Service(s) will be governed by and construed in accordance with the laws and regulations of the jurisdiction of the Party (being the entity contracting with you based on where you reside) is incorporated: (1) users of OKCoin USA Inc. - State of California law applies; (2) users of  OKCoin Europe Ltd - Malta law applies; (3) users of OKCoin Pte Ltd -  Singapore law applies; or (4) users of OKCoin Technology Company Limited - Hong Kong law applies. The foregoing applicable law provision shall not apply to arbitration under Section 17.1 below, which shall be governed by the Federal Arbitration Act. You agree that any action at law pursued by you and arising out of or relating to these Terms not subject to arbitration (as set forth below) will be filed only in the courts where the applicable Party is located (California, U.S., Malta, Singapore, Hong Kong) and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such court over any non-arbitrable suit, action or proceeding arising out of these Terms.

 

17. DISPUTE RESOLUTION

You and the Party agree to arbitrate any dispute arising from these Terms or relating to the Service(s), except that you and the Party are not required to arbitrate any dispute in which either party exclusively seeks relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. You and the Party agree that you will notify each other of any dispute within 30 days of when it arises, that you will attempt informal resolution prior to any demand for arbitration and that, in the event that the dispute is not informally resolved, the dispute will be submitted to arbitration as follows:

 

17.1 Users of the Site provided by OKCoin USA Inc.: Binding arbitration governed by the Federal Arbitration Act and administered by JAMS (see www.jamsadr.com). The JAMS arbitration shall be conducted in San Francisco, California (or any JAMS Resolution Center which you and the applicable Party agree) before a single JAMS arbitrator, who shall be a retired judicial officer. The JAMS Streamlined Arbitration Rules & Procedures, as modified by this Agreement, shall apply. Dispositive motions will be allowed, and the arbitrator must follow this Agreement, will have the same power to award damages and relief as a court (including fees), and will issue a binding written decision, which can be enforced by entry of judgment by any court of competent jurisdiction. You agree and understand that, absent this mandatory arbitration provision, the parties would have the right to sue in court and have a jury trial, and further understand that, in some instances, the costs of arbitration could exceed the costs of litigation, and that the right to discovery may be more limited in arbitration than in court. If arbitration before JAMS is unavailable or impossible for any valid reason, such arbitration will be conducted by, and according to the rules and regulations then in effect of, the American Arbitration Association (“AAA”). The foregoing arbitration provision shall not apply to Okcoin’s efforts to collect a debit balance pursuant to Section 4.8 of this Agreement. In the event that Okcoin seeks collection of a debit balance or outstanding amount pursuant to Section 4.8 of this Agreement, any such legal action may be brought by Okcoin in the Superior Court of California, County of San Francisco, and you submit to the jurisdiction and venue of this court and waive forum non conveniens. 

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU AGREE TO BRING ANY CLAIMS ARISING FROM THESE TERMS OR RELATING TO THE SERVICE(S) ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, PRIVATE ATTORNEY GENERAL, CLASS REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. OKCOIN MAY, IN ITS SOLE DISCRETION, SEEK TO CONSOLIDATE INDIVIDUAL CLAIMS IN A SINGLE ARBITRATION PROCEEDING BEFORE A SINGLE ARBITRATOR PURSUANT TO APPLICABLE JAMS RULES AND PROCEDURES (OR EQUIVALENT RULES AND PROCEDURES OF AAA). YOU ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, YOU ARE WAIVING THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.

17.2 Users of the Site provided by OKCoin Europe LTD or OKCoin Pte Ltd or OKCoin Technology Company Limited: Binding arbitration administered by an arbitration forum or provider which is mutually agreed to between you and the applicable Party. The arbitration shall be administered in the jurisdiction where the applicable Party (being the entity servicing you based on where you reside) is incorporated and that arbitration will be conducted confidentially by a single arbitrator. You and the applicable Party also agree that the courts in the jurisdiction where the applicable Party (being the entity servicing you based on where you reside) is incorporated will have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. You further agree that the parties will not seek discovery from each other in the arbitration, and that the arbitrator shall not allow parties to engage in discovery; rather, each party shall disclose the evidence supporting their positions at some mutually agreeable time and date prior to the final hearing. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU AGREE TO BRING ANY CLAIMS ARISING FROM THESE TERMS OR RELATING TO THE SERVICE(S) ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, PRIVATE ATTORNEY GENERAL, CLASS REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. OKCOIN MAY, IN ITS SOLE DISCRETION, SEEK TO CONSOLIDATE INDIVIDUAL CLAIMS IN A SINGLE ARBITRATION PROCEEDING BEFORE A SINGLE ARBITRATOR PURSUANT TO APPLICABLE RULES AND PROCEDURES. YOU ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, YOU ARE WAIVING THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.

 

18. GENERAL PROVISIONS

18.1 Severability: If any provision of these Terms is deemed to be unlawful, invalid or unenforceable for any reason, such provision will be deemed to be severed and will not affect the legal effect of any other provision.

18.2 Complaints: If you have any complaints, feedback, or questions, please contact our Customer Service at support@okcoin.com or refer to our licenses page for additional methods to contact us in certain jurisdictions. When you contact us, please provide us with your name and email address and any other information we may need to identify you, and the transaction on which you have feedback, questions, or complaints.

18.3 Assignment: You may not assign any rights, obligations and/or licenses granted under these Terms without our prior written consent. Any attempted transfer or assignment by you in violation hereof will be null and void. We reserve the right to assign our rights without restriction, including without limitation to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with us. Subject to the foregoing, these Terms will bind and inure to the benefit of the Party, its successors and permitted assigns.

18.4 Change in Control: In the event that Okcoin 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.

18.5 Force Majeure: You agree that in no event will we be liable for any delays, failure in performance or interruption of service which may result directly or indirectly from any cause or condition beyond any Party’s or any of our Service Providers’ reasonable control, including but not limited to, significant market volatility, pandemics, epidemics, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, pandemic, epidemic, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control.

18.6 Unclaimed Property: If there are still funds (either fiat currency or digital assets) in your account but you have not responded to our attempts to contact you for the applicable period of time (as defined under the unclaimed property or similar laws of the relevant jurisdiction), we may have an obligation to report any tokens in your account to the applicable governmental entity as unclaimed property. If this occurs, we will attempt to locate you at the last updated address shown in our records, but if we are unable to locate you, we may be required to deliver any such funds to the applicable jurisdiction’s designated custodian as unclaimed property.

18.7 No Advice Provided: You agree and understand that Okcoin does not provide legal, tax, or investment advice, that your use of the Service is self-directed, and that it is your responsibility to consult with qualified professionals in your own jurisdiction prior to using the Service(s) or implementing any financial plan.

18.8 Miscellaneous: These Terms set forth the complete terms and conditions with respect to the subject matter hereof and supersedes all prior understandings and communications relating thereto. Unless incorporated by reference into the Terms, no term or condition of any other document provided to the Party which is different from, inconsistent with, or in addition to the terms and conditions set forth herein will be binding upon the Party. You represent, warrant and undertake that all information disclosed to the Party in connection with these Terms are true, accurate, and complete.

18.9 Language: These Terms may be posted in different languages. If there are any discrepancies, the English version will prevail.

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