Last Updated: September 28, 2022
Thank you for visiting OKX.com (“OKX” or “We”). By visiting, accessing, or using OKX.com and associated application program interface or mobile applications (“Site”), You (“User” or “You”) consent to the Terms of Service (the “Terms”), so please read them carefully.
The Terms constitute the agreement and understanding regarding the use of any or all of the Services, and any manner of accessing them, between: You and the following service provider (“we,” “us” or “our”).
Aux Cayes FinTech Co. Ltd., a Seychelles registered company (“Aux Cayes”).
By clicking on the "Create Account" button or by visiting the Site, we may provide You with access and utility through our trading platform via software, API (application program interface), technologies, products and/or functionalities. The services that we offer through the Site (the “Services”) are:
Services provided by Aux Cayes – Spot trading (“Spot Services”) in Virtual Financial Assets (“VFAs”) through (a) P2P, (b) Centralised exchange platform, (c) Margin Lending, (d) Futures.
As described in the Terms, You agree to be legally bound by these terms and all terms incorporated by reference. If You do not agree to be bound by these terms, do not access or use the Services.
We reserve the right to change or modify the terms and conditions contained in the Terms, including but not limited to any policy or guideline of the platform, at any time and at our sole discretion. We will provide notice of these changes by posting the revised Terms and changing the "Last updated" date at the top of the Terms, or by emailing Users at their provided email addresses, or by any other means as determined by us at our sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Site or at the instant that we transmit the information. These changes will apply at that instant to all then current and subsequent uses or Services.
You waive any right You may have to receive specific notice of such changes or modifications. Your continued use of this platform acts as acceptance of such changes or modifications. If You do not agree to the Terms in effect when You access or use the platform, You must stop using our Services. We encourage You to frequently review the Terms to ensure that You understand the terms and conditions that apply to your access to, and use of, the Services. If You have any questions regarding the use of the Site, please contact Support Center.
The Terms and any terms expressly incorporated herein apply to your access to, and use of, any services provided by Aux Cayes. The Terms do not alter in any way the terms or conditions of any other agreement You may have with Aux Cayes for products, services or otherwise. If You are using the Service on behalf of any entity, You represent and warrant that (a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization and (b) You are authorized to accept the Terms on such entity’s behalf and that such entity agrees to be responsible to us if You violate the Terms.
You should read the Terms, and any document referred to in them very carefully. If there is anything that You do not understand in the Terms and any document referred to herein, you should discuss this matter with us and seek the necessary clarification.
Any formal communication with You will be undertaken through electronic mail unless otherwise instructed. Documents will be sent to you by electronic mail and you should seek to send any documents to us by the same means. You will also be able to contact us telephonically.
Any formal communication with You will, unless otherwise agreed, be made in the English language. In the event of any discrepancy between the English language version of the Terms or any such communications and any translation of the Terms or such communications (as applicable) in a foreign language, the respective English version shall prevail.
- ELIGIBILITY AND PROHIBITION OF USING OUR SERVICES
The Services are intended solely for Users who are 18 or older. By accessing or using our Services, You represent and warrant that You are at least 18 years old and have not previously been suspended or removed from the Site or Services. You also represent and warrant that You are not on any trade or economic sanctions lists, such as the United Nations Security Council Sanctions List, nor restricted or prohibited from engaging in any type of trading by the European Union, Hong Kong Monetary Authority, Hong Kong Customs and Excise Department, Office of Foreign Asset Control as well as other administrative law enforcement agencies.
Also, we may not make all of the Services available in all markets and jurisdictions, and may restrict or prohibit use of all or a portion of the Services from Restricted Locations, which at this time include Hong Kong (specifically regarding our derivatives-related Services for retail users), Singapore, Cuba, Iran, North Korea, Crimea, Malaysia, Syria, United States of America [including all U.S.A. territories like Puerto Rico, American Samoa, Guam, Northern Mariana Island, and the US Virgin Islands (St. Croix, St. John and St. Thomas)], Canada (limited to the provinces of Ontario and Quebec), the United Kingdom (specifically regarding our derivatives-related Services for retail users), Bangladesh, Bolivia and Malta. The content of the Terms shall not be excluded from the laws of the country or region under which the User belongs. As a result, if You do not meet these eligibility requirements, do not use our Services.
- DESCRIPTION OF OUR SERVICES
We provide an online trading platform to trade VFAs (or also known as virtual financial assets, cryptographic tokens or digital tokens or cryptographic currency) and derivatives linked to VFAs or indices thereof. Buyers and sellers conduct trading on our platform with each other; Aux Cayes as the platform provider is not a buyer or seller in these transactions. Users may request the withdrawal of their VFAs, subject to the limitations as stated in the Terms. Users will be able to access their VFAs in their wallets, which are held and safe-kept by Aux Cayes, a Seychelles registered company.
Aux Cayes provides the User with trading services including:
- An order matching platform that automatically, and according to pre-established criteria, matches users’ trades with open orders from other users in respect of VFAs or VFA linked products:
- Spot Services permit You to trade one type of VFA for another type of VFA. You will not be able to predetermine or undertake a trade with a predetermined user. Similarly, an order may be partially filled or may be filled by multiple matching orders arising from different users.
- Additional Services permit You to trade derivative products linked to VFAs or indices composed of them. These trades are via an order matching platform that automatically, and according to pre-established criteria, match users’ trades with open orders from other users. You will not be able to predetermine or undertake a trade with a pre-determined user.
- P2P– a Peer to Peer matching service, allowing users to exchange their fiat and digital assets. Users are able to buy and sell VFAs from each other without the need of a centralized trusted third party such as an exchange. For more details in relation to the P2P user agreement, please click here.
- Margin Lending – a Peer to Peer lending service, allowing users to borrow/lend VFAs to one another and earn interest.
- Digital Wallet – Aux Cayes also offers its users a digital wallet enabling each user to store VFAs that are traded via the exchange services or the P2P Digital Assets deposited or acquired by You through the Aux Cayes order matching platform or the P2P platform will be held by Aux Cayes in the digital wallet maintained by Aux Cayes on your behalf. Aux Cayes offers this service in order to expedite and facilitate acquisitions and/or disposal of VFAs. Aux Cayes shall be regarded as holding such VFAs on your behalf and shall recognise you as the beneficial owner of any VFAs held in your digital wallet. Aux Cayes will not use your VFAs as security or in any way make use of your VFAs, other than as lawfully directed by you and with your prior authorisation. VFAs held by Aux Cayes on your behalf may be pooled with those of other Users.
By accepting the Terms, you expressly agree to the pooling of your VFAs with the VFAs of other Users. Individual User entitlements may not be identifiable by separate physical documents of title or other electronic record and, in the case of an irreconcilable shortfall, you may not receive your full entitlement and may share in the shortfall pro rata. You represent and warrant that you are, and shall remain at all times, the ultimate and effective legal and beneficial owner of any VFAs held by Aux Cayes, that you shall not act as nominee or trustee for any other person and that you shall not transfer, assign, pledge, charge or otherwise create any security interest or encumbrance whatsoever over such VFAs without the prior written consent of Aux Cayes.
Aux Cayes, as applicable, shall not be obliged to accept orders unless sufficient VFAs are available on the account for (a) the settlement of the relevant order, (b) the provision of margin as may be required in respect of relevant transaction in derivatives, and (c) the payment of any related Charges and expenses as applicable.
Accuracy: While we have made every effort to ensure the accuracy of the information on our website, the information and content on the website is subject to change without notice and is provided for the sole purpose of assisting Users to make independent decisions. We have taken reasonable measures to ensure the accuracy of the information on the website; however, we do not guarantee the accuracy, suitability, reliability, completeness, performance and/or fitness for purpose of the content of any Services or products available through the website, and will not accept liability for any loss or damage that may arise directly or indirectly from the content or your inability to access the Site, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through our platform. We will not have any liability for the use or interpretation of such information.
Users shall prepare devices and bear costs as follows: 1) internet-connected device, including but not limited to computer or other internet-connected terminals; 2) internet-accessing costs, including but not limited to internet fees, rental charges for internet-connected equipments, cellular data fees, etc.
While using the Services, You accept the information services provided by us. You hereby authorize us to send commercial information to You via e-mail, SMS, mobile notification, or mailing address. You can opt out of such services by changing relevant settings on the website.
You acknowledge and consent that the Services are provided by us according to its current technological capacity and other conditions. While we have made every effort to ensure continuity and security of the Services, we are unable to completely foresee and hedge legal, technological and other risks including but not limited to force majeure, virus, hacker attack, system instability, flaw in third-party services, act of government, etc. that may result in service interruption, data loss and other losses and risks.
When the system platform is unable to operate properly because of the following circumstances and the User is unable to access the Services or place or cancel an order, we assume no liability for damages. These circumstances include, but are not limited to:
- System downtime during maintenance as announced by our platform;
- Telecom or Networking equipment issues;
- Typhoon, earthquake, tsunami, flood, power failure, war, terrorist attacks, and other force majeure factors;
- Any other issues, including hacker attacks, computer virus intrusion or attack, website or backend maintenance and upgrade, banking related issues, government regulation or mandates, and any other third party issues;
- Damages to Users or other third parties caused by third parties.
We shall not ask for any password from our Users, nor shall we ask Users to transmit any funds, VFAs or VFAs addresses, as applicable, that are not listed on the trading platform. We shall not be responsible for any losses caused by transmitting funds, VFAs or VFAs addresses, as applicable, that are not listed on the trading platform.
Abnormal transaction handling: While using the Services, You agree and acknowledge the possibility of discontinuity and disruption of the Services due to connectivity problems of the VFA networks or other force majeure. Users shall make sure to provide only correct information. Aux Cayes does not assume any responsibility of any losses caused by the aforementioned situations due to your providing incorrect information that results our inability reaching out and explaining to You the handling procedures.
We have the right to know the purpose and background of the Users who use our products or services. Users should provide comprehensive and accurate information as required.If we have reasonable grounds to suspect that the User has provided false trading information, we are entitled to restrict the User from the use of some or all of our products and services temporarily or permanently.
- RISK DISCLOSURE
Trading of VFAs involves significant risk. The risk of loss in trading or holding VFAs can be substantial. You should therefore carefully consider whether using the Spot Services or Additional Services is suitable for You in light of your financial condition.
There is no assurance that our trading market for VFAs will be orderly and stable. You should exercise prudence in trading in VFAs (as well as any other assets). Prices can and do fluctuate at any given moment for any reason. Due to such price fluctuations, You may gain or lose value in your assets at any given moment. Any VFA or trading position may be subject to large swings in value and may even become worthless.
The User shall bear any loss resulted in his/her own fault or error, including but not limited to: not in accordance with the transaction prompts operation, not timely trading operations, forgetting or leakage of passwords, passwords are cracked, and/or the Users computer is invaded or hacked by others.
Additional Services may have incremental risk factors. Please note that:
- You may sustain a total loss of initial margin and any additional VFAs deposited with us to maintain your position;
- If the market moves against your position or margin levels are increased you may be requested to transfer additional VFAs on short notice to maintain your position;
- If you fail to comply with a request for the additional transfer of VFAs to your account within the time prescribed, we may at our sole discretion liquidate any or all of your positions at a loss;
- Whether you make a profit or a loss will depend on fluctuations in the price of the respective VFA;
- We may trigger socialised clawback mechanism to take a portion of your gain to cover the shortfall, as described in User Agreement. More information can be found at the following link: https://www.OKX.com/support/hc/en-us/articles/360000139652
- YOUR OKX ACCOUNT
4.1 Account Registration and Identity Verification: In order to use any of the Service, you must first register by providing your email or mobile phone number, full name and other personal information to verify your identity, along with affirming this Terms of Service. 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 a copy of your government issued photo ID or evidence of residency such as a lease or utility bill. If any such information changes, it is your obligation to update such information as soon as possible.
4.2 Protecting Your Account: You agree to not enable anyone to use or direct your account, and to update Aux Cayes 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, API Key or other credentials and login information (collectively "Passwords") that have been provided to you or that are generated in connection with your use of the Service. If you lose your Passwords, you may not be able to access your account. You agree to notify Aux Cayes immediately of any unauthorized use of your Passwords. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your Passwords. You understand and agree that if you authorize any third party or third-party platform to use the Passwords information of your account, the third party or third-party platform will know your account information (including without limitation, information in relation to your assets, transactions, operating authority for trading and account information, etc.), your account will be exposed to certain risks and may suffer loss or damage. You agree to be solely responsible for any loss or damage caused by you authorizing any third party or third-party platform to use your Passwords information, and any loss or damage caused to you by the third party or third-party platform using your account Passwords information. We will not be liable for any compensation or other legal liabilities for the loss or damage caused by the above-mentioned circumstances. Aux Cayes is an online trading platform, and to avoid potential security risks, the login password, administration password and any other passwords shall not be set as the same. Relevant responsibilities shall be borne by the users. Once the user is registered, and becomes a user of the Site, he or she will get the username (user mailbox) and password, and is responsible for all activities and events with this username and password after entering the system, and bear all the legal liability directly or indirectly caused by the language and behaviors of the use of this username.
4.3 Password Recovery: Users who lose their passwords can reset it after being verified through their registered email addresses or phone numbers. You shall immediately report to Aux Cayes if any unauthorized operations or security breaches are found.
4.4 Account Balance: If your account shows a credit balance, you may request us to return available VFAs. However, we may at our discretion elect to withhold (or if applicable, deduct) your request to withdraw (in whole or in part) VFAs to you if:
- Your open derivatives transactions show notional losses;
- We consider that additional VFAs may be required to meet any current or future margin requirement on open derivative positions due to underlying market conditions;
- You have any actual or contingent liability towards us under the Terms; and/or
- We reasonably determine that there is an unresolved dispute between us in connection with the Terms.
4.5 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 this Terms of Service, provide transfer instructions of where to transfer any fiat currency and/or digital assets 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 of your account exceed the value in your account, you will be responsible for reimbursing us. You may not close any of your accounts to avoid paying any fees otherwise due or to avoid any examination related to our AML Program.
4.6 Account Suspension and Investigation: You agree and acknowledge that Aux Cayes has, at its sole discretion, the right at any moment to suspend your account and any account for which you are a representative or authorized signatory, etc. (“Your Account(s)”). Also, you agree that Aux Cayes can freeze/lock the funds and assets in any of Your Account(s), and suspend your access to the Site until a decision has been made, if we suspect, in our sole discretion, any of the following:
- You/ Your Account(s) arein violation of any terms and conditions of these Terms;
- You/ Your Account(s) are in violation of any applicable laws or regulationsin any applicable jurisdiction(s);
- You/ Your Account(s) are in violation of any provision of the OKX AML Program;
- You/ Your Account(s) are subject to/ in violation of any regulatory authority requirement, court order, valid subpoenaor similar legal procedure in any applicable jurisdiction(s);
- You/ YourAccount(s) are, or are related to any account that is, subject to any pending litigation, investigation, or governmental proceeding in any applicable jurisdiction(s);
- Your Account has a balance that needs to be reconciled for any reason;
- If we believe that an unauthorized person is attempting to gain access to Your Account(s);
- If we believe that you are using your credentials or other account information in an unauthorized or inappropriate manner;
- Your Accounthas not been accessed in over one year;
- If we believe that there are suspicious and/or fraudulent activities related to Your Account(s).
You agree and acknowledge that we have the right to immediately investigate and suspend Your Account(s) and any related account, if we suspect, in our sole discretion, that You/ Your Account(s) have committed a violation of any terms and conditions of these Terms and/or any applicable laws and regulations in any applicable jurisdiction(s).
4.7 Account Termination: You agree and acknowledge that we have the right to terminate any of Your Account(s) at any time and for any reason, and at 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 any applicable laws and regulations in any applicable jurisdiction(s). If Your Account(s) 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 and applicable laws and regulations in any applicable jurisdiction(s). If Your Account is not, or is no longer subject to an investigation, court order, subpoena or similar legal procedure in any applicable jurisdiction(s), 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(s), unless otherwise required by applicable laws and regulations. If there is any Digital Asset balance remaining in Your Account(s), you agree to provide us with a Digital Asset address upon receiving written notice from us, so that we can return the remaining Digital Assets to you.
- USERS’ RIGHT AND LIMITATIONS TO LICENSE USE
We grant You a limited, nonexclusive, nontransferable license, subject to the Terms, to access and use our website and Services, solely for approved purposes as permitted by us. You agree that 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 our products and Services.
You agree that:
- All rights, title and interest in the Service and associated software, website and technology, including all intellectual property rights therein, are and shall remain with the Parties;
- No right or interest in the Service is conveyed other than the limited licenses granted herein;
- The Services are protected by the copyright and other intellectual property laws;
- All rights not expressly granted in these Terms are reserved.
OKX has the right to inquire, freeze or deduct the items and accounts of the User in 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, tax authorities and so on.
- USER OBLIGATIONS
6.1 Users shall not register multiple accounts for any purpose.
6.2 Users may not use another User’s accounts.
6.3 Users must not use this website or Services in any way that causes, or may cause, damage to this site or impairment of the availability or accessibility of this website; or in connection with any illegal fund payment and settlement including but not limited to payment by illegal means like fictitious transaction, false price, and transaction refund and so on; illegal cash-out activity via entity bank settlement account; illegal fund transfer from the bank settlement account of an entity to an individual account; illegal check cash-out activity or any unlawful, illegal, fraudulent or harmful purpose or activity under applicable laws and regulations. Users agree to indemnify and hold Aux Cayes Fintech Co. Ltd., and their officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Aux Cayes Fintech Co. Ltd by any third party due to or arising out of or in connection with Users’ use of this website or Services.
6.4 Users are prohibited in any form from utilizing the Site to engage in illegal activities. Without the authorization or permission of OKX, 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.
6.5 Users shall comply with all laws and regulations, and bear the responsibility and legal consequences of any their own actions involving the Site and Services. In addition, Users shall not infringe the legitimate rights and interests of any third party. Additionally, if OKX suffered losses as a result of Your actions, OKX have the right to recover losses from the User via legal actions or other means.
6.6 If a User violates any obligation above, OKX has the right to take all necessary measures directly, including but not limited to deleting the content posted by the User, canceling the customer star rating and honor, freezing the User’s balance, pausing or seizing the user’s account and illegal gains, and prosecution.
7.1 Fees may be incurred for part of the Services provided by us to the Users. By using our Services, you agree to incur these fees.
7.2 OKX has the right to set and modify our fee structure and at our own discretion. We may also start charging fees on free services. Any fee changes shall be announced in advance.
7.3 If you do not agree with any fees charged, You should stop using the Service immediately. You are still responsible for any fees previously incurred.
7.4 Unless otherwise stated or agreed, the User agrees that we have the right to automatically and without prior notice deduct the above-mentioned service fees directly from the assets of the User account.
7.5 If You do not pay in full and on time, we reserves the right to interrupt, suspend or terminate the service.
- CHANGE, INTERRUPTION, TERMINATION, AND DISCONTINUANCE OF SERVICES
8.1 Service Change and Interruption: We may change the Service and/or may also interrupt, suspend or terminate the service at anytime with or without prior notice.
8.2 Service Discontinuance and Termination: we reserve the right, in our sole discretion, to discontinue or terminate the services 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 provided at the time of registration and you have failed to provide reasonable proof (please remember, according to the laws and regulations you should submit true, complete and accurate information);
- If you violate the relevant laws and regulations in any applicable jurisdiction(s) or any terms and conditions of these Terms;
- If required by any provisions of laws and regulationsin any applicable jurisdiction(s), or the requirements of relevant government authorities; or
- For security reasons or other necessary circumstancesin order to protect our legitimate business interests, among other things, as determined at our sole discretion.
COMPLIANCE WITH YOUR LOCAL LAWS AND TAXES
It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions You conduct through the Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. You agree that we do 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. It is highly advisable that you consult your lawyer/ professional tax adviser to determine your obligations and your tax status in your home jurisdiction.
Additionally, You agree to comply with all relevant laws of Seychelles as applicable, and any relevant laws and regulations in any applicable jurisdiction(s). Regarding the prevention of terrorist financing and anti-money laundering, and also compliance with laws and regulations in any applicable jurisdiction(s) more generally, we will work with local, regional, national and multi-national authorities around the world as required, and may provide any information associated with You to such authorities. We may also access and disclose information we stored associated with You to external third parties if, in our sole discretion, believe doing so is required or appropriate to: comply with relevant law enforcement or national security requests and legal procedure in any applicable jurisdiction(s), such as a court order or a subpoena; protect your, our, or others’ rights, property, or safety; enforce our applicable service terms, user agreement, trading rules, operational rules, policies or any other agreements; collects amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.
When using our Services, You acknowledge, represent and undertake that all your actions on and off this Site are made in a legal and proper manner and your sources of digital assets and fiat currency are not from illegal activities. If in our sole discretion we believe that You are in breach of the above representation and undertaking, we may discretionarily or in coordination with local law enforcement authorities seize, restrict or close-out Your Account(s), fiat currency and digital assets.
To the maximum extent permitted by applicable law, you shall indemnify and defend us, our affiliates, and our and their respective agents (if any), employees, officers, directors, subsidiaries and successors (each an “Indemnified Party”), and hold them harmless from and against all losses arising from or in connection with any third-party claims, losses, liabilities, damages, judgments, penalties, fines, costs and expenses of whatever kind (including professional fees and reasonable attorney’s fees) which may be suffered or incurred by any of the Indemnified Party as a result of:
- your use of the Services;
- your failure to perform any of your obligations under these Terms;
- your breach of any warranties/ representations made to us under these Terms;
- your violation of any applicable laws and regulations in any applicable jurisdiction(s);
- any third party claim related to your use of the Service(s);or
- any investigation, claim, suit, action or other proceeding against us relating to or arising out of your use of the Service(s) by a governmental authority or regulatory or self-regulatory agency or organization in any applicable jurisdiction(s).
If you are obligated to indemnify us, we have the right, in our sole discretion, to control any action or proceeding and determine whether we wish to settle it.
12.1 Network Service Provider: Aux Cayes, as a third party platform for "network service provider", does not guarantee the information and services provided in this the Site can fully meet the needs of users. We shall not be liable for errors, insults, defamation, nonfeasance, obscenity, pornography, or blasphemy that may occur during the process of acceptance of the Parties’ web service.
12.2 Service Interruption: Based on the special nature of the Internet, we do not guarantee that the service will not be interrupted; the timeliness and security of the service are also not guaranteed, and we do not bear the responsibility which is not caused by Aux Cayes.
12.3 Safety of the Network: We try to provide a safety network environment to the users; however, we do not guarantee that the Site or its servers are free of viruses or other potentially harmful factors; therefore, the user should use the industry’s recognized software to check and kill any virus in the files downloaded from the Site.
12.4 User Information: we are not responsible for the failure of preservation, modification, deletion or storage of the information provided by the user. Nor will we be liable for the typographical errors, negligence, etc. not intentionally caused by Aux Cayes. We have the right but no obligation to improve or correct any omission, error of any part of this Site.
12.5 Accuracy, Completeness, and Reliability of the Site: Unless we have expressly agreed in writing, we shall not guarantee the accuracy, completeness, reliability of any content, such as, but not limited to, advertising from the platform in any manner (including but not limited to, containing, connecting, by way of, or downloading) from the Site; we are not responsible for any products, services, information or materials purchased or obtained by the user according to the content information on this website. The user bears the risk of using the content of this website.
12.6 User Opinion: The user comments published by users of the Site, are only on behalf of the users personal point of view. It does not mean that this Site agrees with their views or confirms their description. This Site does not bear any legal responsibility caused by any user comments.
12.7 Announcements: In regards to notices issued to the users, we will deliver these notices through a formal page announcement, station letter, e-mail, customer service phone call, SMS or regular mail delivery. We do not bear any legal responsibility for any winning, discount activities or information which are delivered by other channels.
12.8 Charges, Commissions, Transactions and Other Fees: we have the right to adjust the recharge, commission, transaction and other fees according to market conditions, and terminate any promotional efforts early.
- GOVERNING LAW
The Terms, your use of the Services, any claim, counterclaim or dispute of any kind or nature whatsoever arising out of the Terms, directly or indirectly, shall be governed by, and construed in accordance with the laws of England and Wales without regard to the principles of conflicts of laws thereof.
- JURISDICTION AND DISPUTE RESOLUTION
14.1 You acknowledge and agree that in the event of any 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 (“Dispute”), the parties shall first refer the Dispute to proceedings at the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with HKIAC’s Mediation Rules in force for the time.
14.2 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 set forth in Clause 14.1, such Dispute shall be referred to and finally resolved by arbitration administered by the HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be the laws of the Hong Kong Special Administrative Region of People’s Republic of China (“Hong Kong”).
14.3 You agree that the seat of arbitration shall be Hong Kong. The number of arbitrators shall be three (3). Aux Cayes shall appoint one (1) arbitrator and you shall appoint one (1) arbitrator. The third arbitrator shall be appointed by the Chairman of the HKIAC. 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.
14.4 You agree that Aux Cayes 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.
14.5 Any arbitral award shall be final and binding upon the parties hereto and shall be enforceable in any competent court which has jurisdiction.
- SEPARABILITY, COMPLAINTS AND MISCELLANEOUS
15.1 Separability: If any provision of this Agreement is deemed to be unlawful, invalid or unenforceable for any reason, such provision shall be deemed to be divisible and shall not affect the legal effect of any other provision.
15.2 Complaints: If you have any complaints, feedback, or questions, please contact our Customer Service at Support Center. 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.
15.3 Miscellaneous: These Terms set forth the complete understanding of the parties with respect to the subject matter hereof and supersedes all prior understandings and communications relating thereto. No term or condition of any other document provided to Aux Cayes which is different from, inconsistent with, or in addition to the terms and conditions set forth herein will be binding upon the Parties. You represent and warrant that all information disclosed to Aux Cayes in connection with these Terms are true, accurate, and complete.