PLEASE READ THESE TERMS CAREFULLY AS THEY GOVERN YOUR USE OF THE SERVICES. THESE TERMS CONTAINS IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. THE TERMS OF THE ARBITRATION PROVISION ARE SET FORTH IN SECTION 14 BELOW ENTITLED “RESOLVING DISPUTES: FORUM, ARBITRATION, CLASS ACTION WAIVER, GOVERNING LAW.” AS WITH ANY ASSET, THE VALUE OF DIGITAL CURRENCIES CAN GO UP OR DOWN, AND THERE CAN BE A SUBSTANTIAL RISK THAT YOU WILL LOSE MONEY BUYING, SELLING, HOLDING, OR INVESTING IN DIGITAL CURRENCIES. BY USING THE SERVICES YOU ACKNOWLEDGE AND AGREE THAT (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTING IN DIGITAL CURRENCIES (2) THAT YOU ASSUME ALL RISKS WITH RESPECT TO YOUR USE OF THE SERVICES AND TRADING IN DIGITAL CURRENCIES AND (3) OTCXPERT IS NOT RESPONSIBLE OR LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.
BY ACCESSING, USING OR ATTEMPTING TO USE THE SERVICES IN ANY CAPACITY, YOU ACKNOWLEDGE THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.
1. Agreement Conditions
OTCXPERT reserves the right to modify or change the Terms at any time and its sole discretion. OTCXPERT will provide notice of these changes by updating the revised Terms on the webpage (www.otcxpert.com) and changing the “[Last revised: ]” date on this page. Any and all modifications or changes to these Terms will be effective immediately upon being announced on the website or released to users. As such, your continued use of OTCXPERT’s services acts as acceptance of the amended agreement and rules. If you do not agree to any modification to these Terms, you must stop using the Services. OTCXPERT encourages you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Services.
By registering to use a OTCXPERT Account (as defined in Section 5 below), you represent and warrant that you (a) are at least 18 years old or of legal age to form a binding contract under applicable law, (b) are an individual, legal person or other organization with full legal capacity and authority to enter into these Terms, (c) have not previously been suspended or removed from using our Services and (d) you do not currently have an existing OTCXPERT Account, (e) you are not a U.S nationality. If you are entering into these Terms on behalf of a legal entity of which you are an employee or agent, you represent and warrant that you have all necessary rights and authority to bind such legal entity.
3. Prohibition of Use
By accessing and using the Services, you represent and warrant that you are not on any trade or economic sanctions lists, such as the UN Security Council Sanctions List, designated as a “Specially Designated National” by OFAC (Office of Foreign Assets Control of the U.S. Treasury Department) or placed on the U.S. Commerce Department’s “Denied Persons List”. OTCXPERT maintains the right to select its markets and jurisdictions to operate and may restrict or deny the Services in certain countries at its discretion.
4. Description of Services
OTCXPERT provides an online digital asset trading platform (crypto to crypto) for products commonly known as cryptographic tokens, digital tokens or cryptographic currency (collectively, “Digital Currency”). OTCXPERT does not provide fiat trading capabilities as part of the Services. OTCXPERT functions as a trading platform provider and not as a buyer or seller in trades made between traders. OTCXPERT is also not a market maker. Users must register and open an account with OTCXPERT as further set forth in Section 5 below and deposit digital assets prior to commencement of trading. Traders may request the withdrawal of their digital assets, subject to the limitations as stated in these Terms.
OTCXPERT strives to maintain the accuracy of information posted on the Services however it cannot and does not guarantee the accuracy, suitability, reliability, completeness, performance or fitness for any purpose of the content made available through the Services, and will not be liable for any loss or damage that may arise directly or indirectly from your use of such content. Information on the Services can be subjected to change without notice and is provided for the primary purpose of facilitating users to arrive at independent decisions. OTCXPERT does not provide investment or advisory advice and will have no liability for the use or interpretation of information as stated on the Services or other communication mediums. All users of the Services must understand that there are risks involved in trading in Digital Currencies. OTCXPERT encourages all users to exercise prudence and trade responsibly within their own means.
5. OTCXPERT Account Registration & Requirements
b. User Identity Verification
The identity verification information we request may include, but is not limited to, your: Name, Email Address, Contact Information, Telephone Number, Username, Government Issued ID, Date of Birth and other information collected at the time of account registration. In providing this required information, you confirm that it is accurate and authentic. Post-registration, you must guarantee that the information is truthful, complete and updated in a timely manner with any changes. If there is any reasonable doubt that any information provided by you is wrong, untruthful, outdated or incomplete, OTCXPERT shall have the right to send you a notice to demand corrections, remove relevant information directly and, as the case may be, terminate all or part of the Services to you. You shall be solely and fully responsible for any loss or expenses incurred during the use of OTCXPERT Service if you cannot be reached through the contact information provided. You hereby acknowledge and agree that you have the obligation to keep all information provided up to date if there are any changes.
BY SIGNING UP FOR ACCOUNT YOU HEREBY AUTHORIZE OTCXPERT TO MAKE INQUIRIES, WHETHER DIRECTLY OR THROUGH THIRD PARTIES, THAT OTCXPERT CONSIDERS NECESSARY TO VERIFY YOUR IDENTITY OR PROTECT YOU AND/OR OTCXPERT AGAINST FRAUD OR OTHER FINANCIAL CRIMES, AND TO TAKE ACTION OTCXPERT REASONABLY DEEMS NECESSARY BASED ON THE RESULTS OF SUCH INQUIRIES. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL INFORMATION MAY BE DISCLOSED TO CREDIT REFERENCE, AND FRAUD PREVENTION OR FINANCIAL CRIME AGENCIES AND THAT THESE AGENCIES MAY RESPOND TO OUR INQUIRIES IN FULL.
c. Account Usage Requirements
Accounts can only be used by the person whose name they have registered under OTCXPERT reserves the right to suspend, freeze or cancel accounts that are used by persons other than the persons whose names they are registered under. You shall immediately notify OTCXPERT if you suspect or become aware of unauthorized use of your user name and password. OTCXPERT will not be liable for any loss or damage arising from any use of your Account by you or by any third party (whether or not authorized by you).
d. Account Security
OTCXPERT strives to maintain the safety of those user funds entrusted to us and has implemented industry-standard protections for the Services. However, some risks are created by individual user actions. You agree to consider your access credentials such as user name and password as confidential information and not to disclose such information to any third party. You also agree that you alone are responsible for taking necessary safety precautions to protect your own account and personal information.
You shall be solely responsible for the safekeeping of your OTCXPERT account and password on your own, and you shall be responsible for all activities under Account, and OTCXPERT will not be responsible for any loss or consequences of authorized or unauthorized use of your Account credentials including but not limited to information disclosure, information posting, consent to or submission of various rules and agreements by clicking on the website, online renewal of agreement, etc.
By creating an Account, you hereby agree that:
(i) you will notify OTCXPERT immediately if you are aware of any unauthorized use of your OTCXPERT account and password by any person or any other violations to the security rules;
(ii) you will strictly observe the security, authentication, dealing, charging, withdrawal mechanism or procedures of the website/service; and
(iii) you will log out from the website by taking proper steps at the end of every visit.
6. Guidelines for Usage of the Services
Subject to your continued compliance with the express terms and conditions of these Terms, OTCXPERT provides to you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services on your computer or other internet compatible device for your personal, internal use only. You are not permitted to use the Services for any resale or commercial use including to place trades on behalf of another person or entity. All such use is expressly prohibited and shall constitute a material violation of these Terms. The content layout, formatting, and features of and access privileges for the Services shall be as specified by OTCXPERT in its sole discretion. All rights not expressly granted under these Terms are hereby reserved. Accordingly, you are hereby prohibited from using the Services in any manner that is not expressly and unambiguously authorized by these Terms.
These Terms provide only a limited license to access and use the Services. Accordingly, you hereby agree that OTCXPERT transfers no ownership or intellectual property interest or title in and to the Services or any OTCXPERT intellectual property to you or anyone else in connection with your use of the Services. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Services are exclusively owned, controlled, and/or licensed by OTCXPERT or its members, parent(s), licensors, or affiliates.
OTCXPERT will own any feedback, suggestions, ideas, or other information or materials regarding OTCXPERT or the Services that you provide, whether by email, through the Services or otherwise (“Feedback”). You hereby assign to OTCXPERT all right, title and interest to Feedback together with all associated intellectual property rights. You will not be entitled to, and hereby waive any claim for, acknowledgement or compensation based on any Feedback or any modifications made based on any Feedback.
When you use the Services, you agree and covenant to observe the following:
i. All the activities that you carry out during the use of the Services will be in compliance with the requirements of applicable laws, regulations, as well as the various guidelines of OTCXPERT:
ii. Your use of the Services will not be in violation of public interests, public ethics or other’s legitimate interests including taking any action that would interfere with, disrupt, negatively affect, or inhibit other Users from using the Services:
iii. You agree not to use the services for engaging in market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering regardless of whether prohibited by law);
iv. The following commercial uses of OTCXPERT data is prohibited unless written consent from OTCXPERT is granted:
1) Exchange services that use quotes or order book information from OTCXPERT.
2) Data feed or data stream services that make use of any market data from OTCXPERT.
3) Any other websites/apps/services that charge for, or otherwise commercially monetize (including through advertising or referral fees), market data obtained from OTCXPERT.
v. You may not modify, reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any proprietary notices or labels, license, sublicense, sell, mirror, frame, rent, lease, private label, grant a security interest in, create derivative works of, or otherwise exploit the Properties, or any portion of the Properties without OTCXPERT’s prior written consent.
vi. You may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Properties or in any way reproduce or circumvent the navigational structure or presentation of the Services to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Services, (ii) attempt to gain unauthorized access to any portion or feature of the Properties or any other systems or networks connected to the Services or to any OTCXPERT server or to any of the services offered on or through the Services, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Services or any network connected to the Properties, nor breach the security or authentication measures on the Services or any network connected to the Services, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Services, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or OTCXPERT’s systems or networks or any systems or networks connected to the Services, (v) use any device, software, or routine to interfere with the proper working of the Services or any transaction conducted on the Services, or with any other person’s use of the Services, (vi) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to the Services, or (vii) use the Services in an unlawful manner.
By accessing the Service, you agree that OTCXPERT shall have the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions to apply relevant rules without receiving your consent or giving prior notice to you. Examples of such actions include, but are not limited to:
• block and close order requests
• freezing your account
• reporting the incident to authorities
• publishing the alleged violations and actions that have been taken
• deleting any information you published that is in violation
7. Orders and Service Fees
Upon placing an instruction to effect a trade using the Services (an “Order”), your Account will be updated to reflect the open Order and your Order will be included in OTCXPERT’s order book for matching with Orders from other Users. If all or a portion of your Order is matched with another User, the Services will execute an exchange (a “Trade”). Upon execution of a Trade, your Account will be updated to reflect that the Order has either been closed due to having been fully executed or updated to reflect any partial fulfilment of the Order. Orders will remain open until fully executed or cancelled in accordance with subsection (b) below. For purposes of effectuating a Trade, you authorize OTCXPERT to take temporary control of the Digital Currency that you are disposing of in the Trade.
You may only cancel an order initiated via the Services if such cancellation occurs before your Order has been matched with an Order from another user. Once your order has been matched with an Order from another user, you may not change, withdraw, or cancel your authorization for OTCXPERT to complete such Order. If any order has been partially matched, you may cancel the unmatched portion of the Order unless and until the unmatched portion has been matched. OTCXPERT reserves the right to refuse any cancellation request associated with an Order after you have submitted such Order. If you have an insufficient amount of Digital Currency in your Account to fulfil an Order, OTCXPERT may cancel the entire Order or may fulfill a partial Order that can be covered by the Digital Currency in your Account (in each case after deducting any fees payable to OTCXPERT in connection with the Trade as described in subsection (c) below).
You agree to pay OTCXPERT the fees set forth at www.otcxpert.com which may be updated from time to time in OTCXPERT’s sole discretion. Any such updated fees will apply prospectively to any trades or other transactions that take place following the effective date of such updated fees. You authorize OTCXPERT to remove any amounts from your Account for any applicable fees owed by you under these Terms.
8. Margin Trading and Futures
Margin trading and Futures are highly risky. As a margin or futures trader, you acknowledge and agree that you shall access and use the margin or futures trading and borrowing service at your own risks:
i. Trading markets are extremely volatile and shift quickly in terms of liquidity, market depth, and trading dynamics. The use of leverage can work against you as well as for you and can lead to significant losses as well as gains.
ii. You are not eligible for receiving forked coins split from any blockchain asset in your margin or futures account, even if you have not engaged in any margin, futures trading or borrowing at all.
iii. The loan carries risks, and the value of your blockchain assets may drop. If the value of your assets drops below a certain level, you are responsible for responding to this market circumstance.
iv. Under certain market conditions, you may find it difficult or impossible to liquidate a position. This can occur; for example, there is insufficient liquidity in the market or due to technical issues on OTCXPERT.
v. Placing contingent orders will not necessarily limit your losses to the intended amounts, since market conditions may make it impossible to execute such orders.
vi. There is no guaranteed measure against losses on margin or futures trading. As a borrower, you may sustain a total loss beyond what you have deposited to your margin or futures account.
b. To enter into margin or futures trading:
i. You represent and warrant that you are not either from the US nor on any trade or economic sanctions lists, such as designated as a “Specially Designated National” by OFAC (Office of Foreign Assets Control of the U.S. Treasury Department).
ii. You should fully understand the risks associated with the margin or futures trading and lending and solely responsible and liable for any and all trading and non-trading activity on your OTCXPERT account. Do not enter into a transaction or invest in funds that are above your financial abilities;
iii. You are solely responsible and liable for knowing the actual status of any position, even if presented incorrectly by OTCXPERT at any time;
iv. You agree to maintain in your OTCXPERT margin or futures account a sufficient amount of blockchain assets required by OTCXPERT for users to engage in margin or futures trading and return your loan in full timely. Failure to maintain a sufficient amount of assets or fail to repay outstanding loan duly can result in the forced liquidation of assets in your margin or futures account;
v. OTCXPERT cannot guarantee to stop losses even with the ability to force-liquidate any of your positions. If, after your positions are liquidated, your assets are insufficient to cover the outstanding loan, you are still responsible for any additional assets shortfall;
vi. OTCXPERT may, in its sole discretion, perform measures to mitigate potential losses to you on your behalf, including, but not limited to, transferring balances from your margin or futures to your exchange account and/or from your exchange to your margin or futures account;
vii. During OTCXPERT system maintenance, you agree that you are solely responsible and liable for managing your margin or futures account under risk, including but not limited to, keep or close your position and repay your loan.
viii. You agree that you conduct all trading, margin trading, futures trading and/or borrowing on your own account and claim full responsibility for your activities. OTCXPERT does not take any responsibility for any loss or damage incurred as a result of your use of any services, or your failure to understand the risks involved associated with assets generally use or your use of our services.
ix. You are aware that on liquidation, all open orders are immediately cancelled. You may lose all your positions and all the funds in your futures account. A fee of up to 0.5% of the NOMINAL position value will be charged. If OTCXPERT cannot close all the positions on liquidation, the insurance fund and / or counterparty-liquidation will take effect. OTCXPERT takes every possible step to avoid counterparty liquidation to minimize the potential impact of any counterparty liquidation when it does occur. Unfortunately, due to the volatility in the Crypto markets, and the high leverage offered to clients, it is not possible to fully avoid this possibility. In order to provide the best possible client experience, OTCXPERT is striving to keep counterparty liquidations to an absolute minimum.
9. OTCXPERT Lending
a. OTCXPERT.com launched OTCXPERT Lending service for OTCXPERT.com users to gain proceeds through idle cryptocurrency assets.
b. OTCXPERT Lending assets will be used in cryptocurrency leveraged borrowing business on OTCXPERT.com;
c. When you use OTCXPERT Lending service, you will unconditionally authorize OTCXPERT.com to distribute the leveraged interest according to the rules of the platform.
d. You shall abide by the relevant laws of the State to ensure that the sources of assets are legitimate and compliant when using OTCXPERT Lending service.
e. When you use OTCXPERT Lending service, you should fully recognize the risks of the investment in cryptocurrency and operate cautiously.
f. You agree that all investment operations conducted on OTCXPERT.com represent your true investment intentions and that unconditionally accept the potential risks and benefits of your investment decisions.
g. OTCXPERT.com reserves the right to suspend or terminate OTCXPERT Lending service. If necessary, OTCXPERT.com can suspend and terminate OTCXPERT Lending service at any time.
h. Due to network delay, computer system failures and other force majeure, which may lead to delay, suspension or deviation of OTCXPERT Lending service execution, OTCXPERT.com will use commercially reasonable effort to ensure but not promise that OTCXPERT Lending service execution system runs stably and effectively. OTCXPERT.com does not take any responsibility if the final execution doesn’t match your expectations due to the above factors.
a. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, THE OTCXPERT MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF OTCXPERT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND OTCXPERT EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, OTCXPERT DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES OR OTCXPERT MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OTCXPERT DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THIS AGREEMENT, 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 SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT OTCXPERT WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL CURRENCY PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA AND (D) ANY DAMAGES INCURRED BY ANOTHER USER’S ACTIONS, OMISSIONS OR VIOLATION OF THIS AGREEMENT.
THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.
b. Disclaimer of Damages and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OTCXPERT, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESS OR FINANCIAL BENEFIT) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF OTCXPERT AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF OTCXPERT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF OTCXPERT’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF OTCXPERT, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF OR IN CONNECTION THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF OTCXPERT OR ITS AFFILIATES WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO OTCXPERT UNDER THIS AGREEMENT IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
You agree to indemnify and hold harmless OTCXPERT, its affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, the Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of the Service. If you are obligated to indemnify OTCXPERT, its affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to this clause, OTCXPERT will have the right, in its sole discretion, to control any action or proceeding and to determine whether OTCXPERT wishes to settle, and if so, on what terms.
Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on www.otcxpert.com where we urge all users to refer to regularly. OTCXPERT will not be held liable or responsible in any manner of compensation should users incur personal losses arising from ignorance or negligence of the announcements.
12. Termination of Agreement
• The account is subject to a governmental proceeding, criminal investigation or other pending litigation;
• We detect unusual activity in the account;
• We detect unauthorized access to the account;
• We are required to do so by a court order or command by a regulatory/government authority
In case of any of the following events, OTCXPERT shall have the right to directly terminate this agreement by cancelling your account, and shall have the right to permanently freeze (cancel) the authorizations of your account on OTCXPERT and withdraw the corresponding OTCXPERT Account thereof:
• after OTCXPERT terminates services to you;
• you allegedly register or register in any other person’s name as OTCXPERT user again, directly or indirectly;
• the information that you have provided is untruthful, inaccurate, outdated or incomplete; when these Terms are amended, you expressly state and notify OTCXPERT of your unwillingness to accept the amended Terms;
• you request that the Services be terminated; and
• any other circumstances where OTCXPERT deems it should terminate the services.
Should your Account be terminated, the Account and transactional information required for meeting data retention standards will be securely stored for 5 years. In addition, if a transaction is unfinished during the account termination process, OTCXPERT shall have the right to notify your counterparty of the situation at that time. You acknowledge that a user-initiated account exit (right to erasure under GDPR or other equivalent regulations) will also be subjected to the termination protocol stated above.
If OTCXPERT receives notice that any funds held in your Account are alleged to have been stolen or otherwise are not lawfully possessed by you, OTCXPERT may, but has no obligation to, place an administrative hold on the affected funds and your Account. If OTCXPERT does place an administrative hold on some or all of your funds or Account, OTCXPERT may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to OTCXPERT has been provided to OTCXPERT in a form acceptable. OTCXPERT will not involve itself in any such dispute or the resolution of the dispute. You agree that OTCXPERT will have no liability or responsibility for any such hold, or for your inability to withdraw funds or execute trades during the period of any such hold.
a. Remaining funds after Account termination
Except as set forth in subsection (b) below, once the Account is closed/withdrawn, all remaining balance (which includes charges and liabilities owed to OTCXPERT) on the account will be payable immediately to OTCXPERT. Upon payment of all outstanding charges to OTCXPERT (if any), the User will have 5 business days to withdraw all funds from the Account.
b. Remaining funds after account termination due to fraud, violation of the law, or violation of these terms)
OTCXPERT maintains full custody of the funds and user data/information which may be turned over to governmental authorities in the event of Account suspension/closure arising from fraud investigations, violation of law investigations or violation of these Terms.
13. No Financial Advice
OTCXPERT is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using the Services. No communication or information provided to you by OTCXPERT is intended as or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. All trades are executed automatically, based on the parameters of your order instructions and in accordance with posted Trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation. OTCXPERT does not recommend that any Digital Currency should be bought, earned, sold, or held by you. Before deciding to buy, sell or hold any Digital Currency, you should conduct your own due diligence and consult your financial advisors before making any investment decision. OTCXPERT will not be held responsible for the decisions you make to buy, sell, or hold Digital Currency based on the information provided by OTCXPERT.
14. Compliance with Local Laws
It is the responsibility of the User to abide by local laws in relation to the legal usage of OTCXPERT in their local jurisdiction. Users must also factor, to the extent of their local law all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities. All Users of OTCXPERT and any of its services acknowledge and declare that the source of their funds come from a legitimate manner and are not derived from illegal activities. OTCXPERT maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate the account and funds of users which are flagged out or investigated by legal mandate.
16. RESOLVING DISPUTES: FORUM, ARBITRATION, CLASS ACTION WAIVER, GOVERNING LAW
PLEASE READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A CLASS ACTION FOR RESIDENTS OF THE U.S.
a. Notification of Dispute. Please contact OTCXPERT first! OTCXPERT wants to address your concerns without resorting to formal legal proceedings. Before filing a claim, you agree to try to resolve the dispute informally by contacting OTCXPERT first through www.otcxpert.com
b. Agreement to Arbitrate. You and OTCXPERT agree to resolve any claims relating to this Agreement (including any question regarding its existence, validity, termination, or any services or products provided and any representations made by us) through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. You agree first to give us an opportunity to resolve any claims by contacting us as set forth in subsection (a) above. If we are not able to resolve your claims within 60 days of receiving the notice, you may seek relief through arbitration or in the Small Claims Tribunals of Singapore (“SCT”), as set forth below.
c. Arbitration Procedure. Either you or OTCXPERT may submit a dispute (after having made good faith efforts to resolve such dispute in accordance with subsections (a) and (b) above) for final, binding resolution by arbitration under the arbitration rules of the Singapore International Arbitration Centre (“SIAC”), which are deemed to be incorporated by reference. The arbitration tribunal shall consist of a sole arbitrator to be appointed by the President of SIAC. The language of the arbitration hearings shall be English, and the seat, or legal place, of arbitration, shall be Singapore. Judgment on any arbitral award may be entered in any court having jurisdiction over the party (or the assets of the party) due and owing to such award.
d. Exceptions. Either party may instead choose to assert the claims in the SCT if the claims fall within the jurisdiction of the SCT, and either party may seek injunctive relief or other urgent equitable relief in a court of competent jurisdiction. However, for the avoidance of doubt, where the claims fall outside of the jurisdiction of the SCT, the claims will be referred to and finally resolved by SIAC arbitration.
e. Notice.To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claims to OTCXPERT.
f. Governing Law. This Agreement is governed by the law of Malta except for its conflicts of laws principles unless otherwise required by a mandatory law of any other jurisdiction.
a. Independent Parties. OTCXPERT is an independent contractor and not an agent of you in the performance of these Terms. These Terms not to be interpreted as evidence of an association, joint venture, partnership, or franchise between the parties.
b. Entire Agreement. These Terms constitute the entire agreement between the parties regarding the use of the Services and will supersede all prior agreements between the parties, whether written or oral. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms of these Terms.
c. Force Majeure. OTCXPERT will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond OTCXPERT’s reasonable control.
d. Severability. If any portion of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
e. Assignment. You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from us, including by operation of law or in connection with any change of control. OTCXPERT may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
f. Waiver. The failure of a party to require performance of any provision will not affect that party’s right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
h. Contact Information.For more information on OTCXPERT, you can refer to the company and license information found on the website. If you have questions regarding this agreement, please feel free to contact OTCXPERT for clarification via our Customer Support team at www.otcxpert.com