Managed Trading Sub Account User Agreement (SG)
1. Overview
1.1 The Managed Trading Sub Account User Agreement governed by this Agreement (the “Service”) is offered by (“OKX SG”, "OKX Singapore", “we”, “our”, or “us”).
1.2 This Managed Trading Sub Account User Agreement (these “Terms”) governs your use of this Service and related services entered into by and between you (the “User” or “you”) and OKX SG. It is legally binding upon you and OKX SG. By accessing the Service and other relevant services provided by OKX SG, you agree and confirm that you have carefully read and fully understand the terms and conditions under these Terms (including any amendments made by OKX SG at any time), including the terms which exclude or limit our liabilities under these Terms, and the terms that exclude or limit the rights of the Users. If you do not accept these Terms or the contents of these Terms, or refuse to acknowledge and agree with our right to unilaterally modify these Terms at any time, please immediately stop using and accessing the Service on OKX SG. Unless otherwise provided in these Terms, the capitalized terms used in these Terms shall have the meaning provided in the OKX SG Terms of Service.
1.3 The contents of these Terms also include OKX SG's various system specifications, other agreements or rules in connection with or related to these Terms or this Service, and other relevant agreements and rules regarding the services that OKX SG may provide from time to time. Once the aforementioned contents are released or published, they are an integral part of these Terms, and you shall be legally bound by them. By using this Service, you confirm you have read, understood, and accepted these Terms, the OKX SG Terms of Service, the OKX SG User Specific Risk and Safeguarding Disclosures, Risk & Compliance Disclosure, any relevant terms and conditions, service terms, user agreements, transaction and operation rules, policies, announcements and other rules (as amended and restated from time to time) published by OKX SG from time to time in connection with this Service (“User Agreements”), and that you agree to be legally bound by any and all terms and conditions thereof. Unless you have read and accepted all the terms and conditions of these Terms and applicable User Agreements, you are not authorized to and shall not use this Service or any of its corresponding services.
2. Definition
Investor(s): The party funding the managed trading sub account(s) and authorizing the Trading Team to perform trading activities. Any OKX SG users who meet applicable requirements may apply to be an Investor. OKX SG shall review the application according to its internal policy and guidelines, and all decisions made to accept or reject an application shall be at the sole and absolute discretion of OKX SG.
Trading Team: The individual(s) or entity authorized by the Investor to operate and manage trading activity through the sub account. Any OKX SG user who meets applicable requirements may apply to be a Trading Team. OKX SG shall review the application according to its internal policy and guidelines, and all decisions made to accept or reject an application shall be at the sole and absolute discretion of OKX SG. Trading Team is subject to additional eligibility requirements below.
3. Eligibility to Use the Service
3.1 In order to become eligible to be a Trading Team, you must satisfy the following conditions unless specified otherwise.
1. Licensing & Regulatory Authorization: You must hold a valid license or approval issued by the competent financial regulator that duly authorises you to perform the required financial service.
2. Local Regulator Approval Required: Your fund management activity must be explicitly approved by the applicable regulator, ensuring compliance with licensing standards for fund management and crypto-specific services.
3. Unless otherwise specified, you must be domiciled or incorporated in the jurisdiction(s) where OKX SG provide(s) services and where you are onboarded as a User.
4. Scope of Funds Under Management: Unless otherwise authorized by OKX SG, you are only permitted to manage funds belonging to local (resident) investors where OKX SG provides services and where you are onboarded as a User. Without OKX SG's explicit approval, you must not offer services to non-resident users or advertise beyond your jurisdiction.
5. AML / KYC Compliance: You must implement robust Anti-Money Laundering (AML) and Know Your Customer (KYC) protocols, including measures for Countering the Financing of Terrorism (CFT), in compliance with applicable local laws and regulations. At a minimum, your protocols must align with the standards set by the Financial Action Task Force (FATF) or equivalent international or local AML/KYC/CFT regimes.
6. Custodial Safeguards: If you are providing custody or control of client crypto assets, you must meet asset segregation, security, and operational standards in compliance with local regulations.
7. Competence and Integrity of Management: Company directors and key personnel must meet “fit and proper” criteria, showcasing sound governance, ethical standards, and sufficient financial resources.
8. Capital Adequacy / Financial Buffers: Certain jurisdictions may require you to satisfy minimum capital or liquid asset requirements to ensure operational resilience.
9. Risk Management & Internal Controls: You must implement proper risk policies, including cybersecurity measures, internal audits, compliance oversight, and operational continuity planning.
10. Reporting and Transparency: You must fulfill your reporting obligations (e.g. quarterly or annually), combined with disclosures regarding strategy, fees, performance, and risk to both clients and regulators, as applicable.11. Suitability and Appropriateness Test: You must ensure that proper tests are done on the suitability and appropriateness of the products and services being offered. This should include the obligation to act honestly, fairly, and professionally in the best interests of the clients.
3.2 You understand and acknowledge that:
You have agreed to abide by the OKX SG Terms of Service and you are eligible and not prohibited from using the services defined therein, including the Service;
You have the experience and risk tolerance to use the Service, and have the experience and knowledge to invest in non-guaranteed DPT products;
You should carefully consider and use clear judgment to evaluate your financial condition and the abovementioned risks before making any decision to use this Service, and bear all the losses arising there from;
In order to use the Service, you have the ability to perform operations on the Internet;
These Terms are intended to comply with the laws of your country or region, and you agree to abide by those local laws and regulations. However, if there is a conflict between these Terms and local laws and regulations, these Terms will take precedence.;
You are and continue to be the legal and beneficial owner of the crypto-assets in your OKX SG account, which must be registered in your name(s) at all times, and guarantee that the sources of these DPTs are legal and that you remain in full control of your OKX SG account.
3.3 You agree and undertake that:
Both the Investors and the Trading Team must undergo and successfully complete a comprehensive Know Your Customer verification process in accordance with applicable laws and regulations.
The Trading Team must operate under the supervision of a duly regulated legal entity in Singapore. Proof of regulatory status must be verified and maintained as part of ongoing compliance monitoring.
You must not use the Service for any illegal purposes or to engage in any Prohibited Businesses, including but not limited to gambling, money laundering, fraud, extortion, data breaches, terrorist financing, and any other violent activities or any businesses prohibited by the law or the OKX SG Terms of Service.
You shall not conduct, initiate or promote any forms of market abuse or other forms of illegal conduct, including but not limited to gambling, money laundering, fraud, extortion, extortion, data breach, terrorist financing, and any other activities or businesses prohibited by the law.
4. Risk Management
4.1 The Service relies on various measures to control risks, including but not limited to:
(collectively, the "Measures")
You must refer to the provided links for a detailed description of each Measure. The content of these links forms an integral part of this Agreement. OKX SG reserves the right to introduce additional risk control Measures and to update the content of the linked documents or these Terms at any time, in accordance with the provisions herein. Where material updates are made, you will be required to confirm your acceptance of the updated Terms before continuing to access the Service. Your continued use of the Service shall indicate your acceptance of the updated Terms.
4.2 If the size of your positions or open orders accumulates to a level that poses a risk to other users, OKX SG reserves the right to unilaterally cancel your orders or close your positions or orders in part or in full with no prior notice to you.
4.3 Each managed trading sub account will undergo individual and periodic compliance due diligence and be subject to ongoing risk monitoring.
5. Using the Service
5.1 OKX SG provides the infrastructure to enable the Investor to assign trading access to approved third-party Trading Teams via managed trading sub accounts, while maintaining full ownership and custody of their funds. OKX SG is not a party to and does not mediate the investment relationship between the Investor and the Trading Team.
5.2 Account Access, Control and Permission: Investor will create and fund a managed trading sub account under their master account and assign trading access to the Trading Team. Investor has a distinct set of rights over managed sub accounts from Trading Teams. For instance, the Trading Team could place trades and manage positions. Notwithstanding, the Trading Team shall have no authority or capability to initiate deposits or withdrawals of the Investor's funds. Accordingly, all permissions related to deposit and withdrawal functionalities are disabled for the Trading Team, ensuring strict segregation of duties and enhanced security of the Investor's assets. For details on managed trading sub accounts, please refer to Rules on Managed Trading Sub-accounts, Creation and Processes of Managed Trading Sub Accounts and Managed Trading Sub Account Feature on OKX.
5.3 Separate Agreement Between Investor and Trading Team: All commercial terms, performance obligations, fees, profit-sharing, risk disclosures, and dispute resolution related to the managed trading relationship should be clearly outlined in a separate written agreement between the Investor and the Trading Team. OKX SG will not mediate or enforce any such arrangement. However, Investor must send OKX SG a copy of the separate agreement for compliance or dispute purposes but OKX SG shall not be bound by its terms.
5.4 Investor acknowledges that trading digital assets involves significant risk, including the potential loss of principal. By using a managed trading sub account, Investor affirms that they understand and accept the risks associated with delegating trading activity to third parties.
5.5 Platform Role: OKX SG acts solely as a technical facilitator providing the managed trading sub account infrastructure. OKX SG does not:
Endorse Trading Team;
Participate in or supervise any investment decisions;
Guarantee performance or returns;
Act as a fiduciary or advisor to either party.
5.6 OKX SG is not liable for any losses incurred due to trading decisions made by the Trading Team. Investor engages Trading Team(s) at their own risk.
5.7 Fees: OKX SG does not take any additional fee for providing the Service. OKX SG only take standard trading fees depending on the trading account tier.
5.8 Termination
A. Either the Investor or Trading Team may terminate this Agreement at any time. The Trading Team must meet certain requirements before they are permitted to unbind the MSA accounts. Upon termination, the Trading Team’s access to the sub accounts must be revoked by the Investor.
B. By OKX SG: OKX SG reserves the right to suspend or terminate sub account access or the Managed Trading feature for any reason, including for compliance, security, or legal reasons, without prior notice.
6. Representations and Warranties
6.1 You hereby represent, warrant and undertake that:
(1) The source of the Digital Assets is legal, and the ownership is not disputed;
(2) You will not infringe the legitimate rights and interests of OKX;
(3) You are not on the sanctions list issued by any government and international organizations;
(4) If the above representations, warranties and covenants are no longer correct, complete and valid due to changes in the applicable laws, you will immediately notify OKX SG in writing.
6.2 You hereby acknowledge that if you breach the foregoing representations, warranties and covenants, OKX SG shall have the right to stop providing you with any and all services (including but not limited to this Service). If OKX SG suffers losses due to your breach of the foregoing representations, warranties and covenants, OKX SG has the right to hold you liable and you agree to indemnify and hold OKX SG harmless for the breach of these Terms.
7. Limitation of Liability
7.1 Risk Disclosure
(1) YOU EXPRESSLY AGREE THAT YOUR USE OR NON-USE OF THIS SERVICE AND RELATED SERVICES ARE AT YOUR OWN RISK. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY UNDER THESE TERMS, THE SERVICES, ALL PRODUCTS AND SERVICES PROVIDED TO YOU THROUGH THIS SERVICE AND RELATED SERVICES PROVIDED TO YOU ARE STRICTLY OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND OKX AND ITS AFFILIATES OR ITS SERVICE PROVIDERS OR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES TO YOU OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, NO ERRORS OR OMISSIONS, CONTINUITY, ACCURACY, RELIABILITY OF THIS SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. OKX DOES NOT MAKE ANY UNDERTAKINGS AND WARRANTIES FOR THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR TIMELINESS OF THE TECHNOLOGY AND INFORMATION IN CONNECTION WITH THIS SERVICES OR OTHER SERVICES PROVIDED BY OKX SG.
(2) NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY OF EITHER PARTY FOR FRAUD, DEATH OR BODILY INJURY CAUSED BY NEGLIGENCE, VIOLATION OF LAWS, OR ANY OTHER ACTIVITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW OR REGULATIONS.
(3) Like any asset, the value of Digital Assets may fluctuate significantly, and there is a huge risk that Users may incur economic losses when buying, selling, holding or investing in Digital Assets and other related transactions. The choice of using and how to use the Services of the Platform is the User's personal decision, and the User shall bear any and all of the risks and potential Losses. OKX SG does not make any express or implied warranties regarding the market, value or price of Digital Assets. Users acknowledge and understand the instability of the Digital Asset market. The price and value of Digital Assets may fluctuate or collapse at any time. Trading Digital Assets is the free choice and decision of Users, and Users shall solely bear their own risks and possible losses. Your use of this Service means that you confirm and agree: (1) You fully understand all of the risks associated with Digital Assets and related transactions; (2) You agree to solely bear any and all risks and Losses associated with the use of these Services and engaging in any transactions involving Digital Assets; and (3) OKX SG shall not be responsible for any of these risks or Losses or any other adverse consequences.
(4) The Platform cannot guarantee the authenticity, sufficiency, reliability, accuracy, completeness or validity of the content on the Platform, and shall not bear any legal liability arising therefrom. The User shall rely on the User’s independent judgment to conduct transactions, and the User shall bear all responsibilities for User’s judgment and/or decisions.
(5) Digital Assets involve a high degree of risk. Using the Service involves market risk, smart contract risk, liquidity risk, oracle risk, volatility risk, and legal and compliance risks, among other risks. Digital Assets are not the legal tender of any government, and their value is not guaranteed by a specific government. The value of Digital Assets may fluctuate greatly. Users shall be fully aware of the above risks and should exercise caution when conducting any transactions regarding Digital Assets. Users of the Service must have sufficient financial capability, maturity, experience and willingness to bear all investment risks and potential investment losses. Thus, Digital Asset investment is not suitable for all investors.
(6) You understand and accept the risks that you may incur by using this Service, and the related losses that you may suffer as a result, including but not limited to:
The key risks of the Market Lo and Margin trading an are related to market price fluctuations. In a highly volatile market, it may be difficult for users to predict the market price at maturity date; high price volatility of Digital Assets and their derivatives may cause significant or total losses in a short period of time; and you are willing and able to bear all risks caused by market price fluctuations and any economic losses you may suffer;
Once the Digital Assets you hold are frozen due to use of this Service, you will not be able to trade the frozen Digital Assets and accept the risks associated with the inability to trade these Digital Assets, you are willing to bear the risks arising from locking your Digital Assets and any economic losses you may suffer;
If OKX SG terminates this Service for any reason whatsoever, which it may do at its complete discretion, you may not be able to obtain the expected profits within the expected holding period (if any) which may result in the loss of your Digital Assets;
If there is a force majeure event, or a force majeure event that causes the price of Digital Assets to collapse, it may cause loss of your Digital Assets;
Technical abnormalities may occur, which may delay or prevent you from using this Service or conducting related transactions, which may cause loss of your Digital Assets;
Market abnormalities may occur, which may cause loss of your Digital Assets;
In order to maintain the overall health of the market, OKX SG may add, delete or modify the relevant provisions of these Terms, the policies, the terms and conditions or other related User Agreements, service agreements or terms from time to time. Such modifications may benefit or harm you.
You confirm that you fully understand the nature, risks and potential losses related to the Service. Before making a decision to use the Service, you should exercise independent judgment and carefully consider using the Service based on your own investment experience and capability, financial situation, investment objectives, investment period, willingness and ability to bear investment risks, the extent of your understanding of the nature and risks of this product, and other relevant circumstances. The aforementioned risks do not include all the risks and all the market conditions of the user's transactions related to this Service. If you have any questions or concerns, please seek advice from an independent financial advisor and/or legal counsel.
7.2 The trading market is volatile and may change rapidly in terms of liquidity, market and trading dynamics. You are fully responsible and liable for any and all trading and non-trading activities and your account used on or through the OKX Platform. You acknowledge and agree to be fully responsible for all your transactions and non-trading behaviours and omissions on OKX or through OKX, as well as all gains and losses arising from your use of the OKX website and this Service and any other services provided on the OKX Platform. You are responsible for any of your assets and liabilities in your OKX Account, and you are responsible for all your obligations for all your financial activities on OKX. OKX is not responsible for any and all losses arising from this Service and any other services provided on the OKX Platform and shall not assume any compensation or any other responsibility.
7.3 You agree and accept that when you redeem your assets, the time it takes for you to receive the Digital Assets in your account may vary and the assets received and displayed on the Platform shall be final. OKX shall not be liable for any losses caused by or related to time differences or discrepancies for receipt of Digital Assets.
7.4 You agree and accept that OKX SG reserves the right to amend the content of this Agreement any time in its sole discretion, including when you are using the Service. OKX SG shall not be liable for any losses arising from your misunderstanding of this Agreement, or your delay of reading the amendments to this Agreement.
7.5 You agree and accept that if the OKX Platform cannot function properly or the Service is interrupted arising from the following conditions, such that you are unable to use the Service or cannot make commands or perform related trading operations, including but not limited to failure, delay, interruption, lack of system response, delayed system response or any other abnormal circumstances, OKX SG and its affiliates shall not be liable for any losses. These circumstances include but are not limited to:
Service suspension for maintenance as announced by OKX SG;
Hacker attack(s) on the OKX Platform;
Failure to transmit data as a result of telecom equipment failures;
Force majeure events or accidents, such as but not limited to typhoons, earthquakes, tsunamis, flooding, plagues, power outage, war, turmoil, government actions, terrorist attacks and any other events that may lead to the suspension of the OKX Platform;
Service interruption or delay arising from hacking, computer virus, technical adjustment or failure, website upgrades, banking issues, temporary closure arising from government regulations and any other reasons;
Service interruption or delay caused by OKX SG’s systems being damaged, defective or unable to perform normally for any reason;
Losses arising from technical problems that cannot be predicted or solved by existing technical forces in the industry;
Losses suffered by you or other third parties arising from the fault or delay of the third party;
Losses suffered by you or other third parties arising from changes in laws and regulations or government orders;
Losses suffered by you or other third parties arising from force majeure events or accidents caused by other objectively unforeseeable, unavoidable and/or unsolvable circumstances.
You agree and accept that the aforementioned reasons may lead to abnormal transactions, market interruptions and other possible abnormal circumstances, and OKX SG reserves the right to refuse to or for any reason in its sole discretion to not execute your commands based on the actual circumstances. You understand and agree that OKX SG shall not be liable for any of your losses (including but not limited to direct or indirect losses, actual losses, or loss of possible yield and other similar or related losses).
7.6 Software Protocols and Operational Challenges
Software protocols that underlie Digital Assets are typically open source projects, which means that: (i) the development and control of such Digital Assets are outside of OKX SG's control, and (ii) such software protocols are subject to sudden and dramatic changes that may have a significant impact on the availability, ease of use, or value of a given Digital Asset. You also are aware of and accept the risks associated with operational challenges. OKX SG may experience sophisticated cyber attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to the Service. You understand that the Service may experience operational issues that lead to delays. You agree to accept the risk of transaction failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks. You agree that OKX SG shall not be responsible or liable for any related losses.
You understand that the technology underlying Digital Assets is subject to change at any time, and such changes may affect your Digital Assets stored on our platform. You agree to be fully responsible for monitoring such technological changes and understanding their consequences for and regarding your Digital Assets. Users conduct all trading and make all related decisions based on their own volition, and OKX SG shall not be liable for any loss or damage incurred as a result of your use of any Services or your failure to understand the risks involved or associated with Digital Asset use in general or your use of our Services.
7.7 OKX SG strictly prohibits unfair trading behaviours. OKX SG reserves the right to enact, under its sole discretion, and take control over your account, if you:
are involved in price manipulation, insider dealing, market manipulation, market distortion or any other malicious wrongdoings to the market;
might be harming other users or OKX SG by exploiting the Service’s vulnerabilities or by other unreasonable means;
are involved in any other activities that OKX SG deems harmful to the overall well-being of the market.
OKX SG also reserves the right to take actions including but not limited to closing your accounts, limiting trading, halting trading, cancelling transactions, rolling back transactions and returning the relevant Digital Assets to any complainant so as to eliminate any adverse effects to the overall wellbeing of the market. In no event shall OKX SG be liable to you for any loss incurred when such action against you happens, and OKX has the right to hold you liable and you agree to indemnify and hold OKX SG harmless for the breach of these Terms.
7.8 You agree and accept that OKX SG shall not be liable for any losses caused by the risks described in this Clause 7 of the Agreement (including but not limited to any direct or indirect losses, actual losses or possible loss of profits).
7.9 The aforementioned provisions do not indicate all the risks arising from or related to your transactions through the Platform or all the conditions of the market. Before making any trading decisions, you shall fully understand the relevant Digital Assets; make cautious and prudent decisions based on your own trading objectives, risk tolerance, and financial conditions; and solely bear all risks and losses.
8. Indemnification
8.1 You shall take all possible measures to ensure that OKX SG is held harmless from any damages caused by your use of the Service or other activities related to your OKX SG account, otherwise you shall be liable for losses suffered by OKX SG.
8.2 You hereby acknowledge and agree to defend and indemnify OKX SG from any claims or requests (including reasonable legal fees) resulting from your breach of these Terms, your improper use of OKX services, your violation of any laws or infringement of any third party rights, any third party’s actions or omissions with respect to the authorized use of your OKX SG account, OKX website, app, and systems (including networks and servers used to provide any OKX SG services, regardless of whether such websites, apps, and systems are operated by OKX SG, or operated for OKX SG, or operated to provide OKX SG services to you), and make every effort to hold OKX SG harmless.
9. No Business, Legal, Financial or Tax Advice
The User acknowledges and agrees that no information provided by OKX, notwithstanding whether included in these Terms or any other document or statement, shall be deemed as business, legal, financial or tax advice. The User may and should consult his own business, legal, financial or tax advisers regarding especially, inter alia, the individual chances, opportunities, risks, obligations or further costs arising from the reception of and in connection with Digital Assets under this This Service. OKX SG is not your broker, dealer, agent or consultant. The User acknowledges and agrees that in any transactions or other decisions or activities through which you use any OKX SG Services, OKX SG does not have a fiduciary relationship or fiduciary duty with you. No communication or information provided by OKX SG to you, notwithstanding whether included in these Terms or any other document or statement, shall be deemed, considered or interpreted as investment advice, business advice, legal advice, financial advice, tax advice, trading advice or any other type of advice. You shall determine whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial condition and risk tolerance, and you shall be solely responsible for any and all Losses or liabilities. You should consult your own business, legal, financial or tax advisers regarding especially, inter alia, the individual chances, opportunities, risks, obligations or further costs arising from using this Service. OKX SG does not recommend you to buy, sell, transfer or hold any Digital Assets. Before making a decision to buy, sell, transfer or hold any Digital Assets, you shall conduct due diligence and consult your financial advisor before making any investment decision. OKX SG shall not be responsible for your decision to buy, sell, transfer or hold Digital Assets based on the information provided by OKX SG.
10. Third Party Website Disclaimer
Any links to third party websites in OKX SG services do not mean that OKX SG endorses any products, services, information and disclaimers provided therein, and OKX SG does not guarantee the accuracy of the information contained therein. OKX SG shall not be liable for any losses caused by your use of such third party products and services. In addition, OKX SG has no control over the terms of use or privacy policies of third party websites. Once you use this Service, it usually means that you know, understand and agree to all the terms of service, Privacy Notice and relevant transaction and operation rules (as amended from time to time) on third party websites. OKX SG and each third party website operator are independent legal entities, and these Terms shall not constitute any form of agency, partnership or cooperative relationship between the parties. Each third party website operator shall be responsible for their respective claims, debts and disputes arising from the performance of their respective contracts and agreements.
11. Governing Law and Dispute Resolution
These Terms, your use of the Services, any claim, counterclaim or dispute of any kind or nature whatsoever arising out of these Terms, directly or indirectly, shall be governed by, and construed in accordance with the laws of Singapore without regard to the principles of conflicts of laws thereof.For time sensitive matters, either party may seek injunctive relief from the courts exercising jurisdiction in Singapore, and any court that may hear appeals from any of those courts. In the event of any other dispute, controversy, difference or claim, including the existence, validity, interpretation, performance, breach or termination of the Terms or any dispute arising out of or relating to the Terms (the “Dispute”), the parties shall:
(a) First refer the Dispute to proceedings at the Singapore International Mediation Centre (the “SIMC”) in accordance with the Singapore International Mediation Centre Mediation Rules in force for the time.
(b) If the Dispute has not been settled upon the signing of a settlement agreement within ninety (90) days following the filing of a request for mediation, or within such extended period as may be agreed by the parties, such Dispute shall be referred to and finally resolved by arbitration in Singapore administered by the Singapore International Arbitration Centre (“SIAC”) under the Arbitration Rules of SIAC in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be the laws of Singapore.
(c) You agree that the seat of arbitration shall be Singapore. The number of arbitrators shall be three (3). We shall appoint one (1) arbitrator and you shall appoint one (1) arbitrator. The third arbitrator shall be appointed by the Chairman of the SIAC. Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The arbitration proceedings shall be conducted in English.
(d) You agree that we shall not be required to give general discovery of documents, but may be required only to produce specific, identified documents which are relevant and material to the outcome of the Dispute.
(e) Any arbitral award shall be final and binding upon the parties hereto and shall be enforceable in any competent court which has jurisdiction.
All lnvestor(s) and Trading Team and using the Service expressly waive their right to class action proceedings of any sort.
For any disputes arising between Investor(s) and the Trading Team, please refer to the applicable dispute resolution clause outlined in the applicable agreement between the Investor(s) and the Trading Team. Any method of dispute resolution agreed upon by the Investor(s) and the Trading Team (including mediation, arbitration, or litigation) applies only to the Investor(s) and the Trading Team and shall not require OKX SG to participate in such proceedings, nor shall it subject OKX SG to the jurisdiction or governance of that chosen method.
12. Miscellaneous
12.1 The contents of these Terms also include OKX SG's various system specifications, other agreements or rules in connection with these Terms, and other relevant agreements and rules regarding the Service that OKX SG may issue from time to time. Once the aforementioned content is published, it shall become an integral part of these Terms, and you shall also abide by it. In the event of any conflict between the aforementioned content and these Terms, these Terms shall prevail.
12.2 OKX SG reserves the right to unilaterally amend or modify these Terms (including the aforementioned contents) if necessary. Such modification may happen at any time without prior notice. If any changes are made, the revised contents may be posted on OKX SG's website. Please regularly check the latest information posted therein to inform yourself of any changes. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes. If you do not accept the revised content, please stop using the Services.
12.3 You shall carefully read these Terms, and any document referred to in Clauses 12.1 and 12.2 of these Terms that constitute the contents of these Terms. Unless otherwise instructed by OKX SG, any formal communication and document transfer between you and OKX SG shall be undertaken through email. You may also be able to contact OKX SG telephonically as a form of informal communication. Any formal communication between you and OKX SG should, unless otherwise agreed, be made in the English language. In the event of any discrepancy between the communication in English and that in a foreign language, the English version shall prevail. In the event of any discrepancy between any formal and/or informal communications and these Terms, these Terms shall prevail.
12.4 If any provisions of these Terms shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired in any way. However, if any provisions of these Terms shall be invalid, illegal or unenforceable under any such applicable law in any jurisdiction, it shall, as to such jurisdiction, be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not deemed so modified, it shall be invalid, illegal or unenforceable only to the extent of such invalidity, illegality or limitation on enforceability without affecting the remaining provisions of these Terms, or the validity, legality or enforceability of such provision in any other jurisdiction. This Agreement does not create a partnership, joint venture, or agency between the Investor(s) and Trading Team.
12.5 No failure or delay by OKX SG in exercising any right, power or remedy it is entitled to under these Terms or by stipulation of law or regulation shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of such rights, power or remedies.
12.6 You shall not transfer, novate or assign these Terms, and the rights and obligations hereunder, in whole or in part, without the prior written consent of OKX SG. OKX SG has the right to transfer, novate or assign any rights or obligations under these Terms by serving written notice on you, which takes effect upon the delivery of such notice.
12.7 The headings of all these Terms are for reading convenience only and have no actual meaning and shall not be used as a basis for interpretation of the meaning of these Terms.
12.8 If there is a discrepancy between the English version of these Terms and the translation of other languages version, the English version of these Terms shall prevail.
12.9 OKX SG has the sole and final discretion to interpret these Terms.