用戶協議
Last Updated: 19 March, 2024
Welcome to Ourbit! This is a User Agreement between you (also referred to herein as "User" or "customer") and Ourbit Trading Platform ("Ourbit", "Platform", "we", "us" and "our"). This User Agreement ("Agreement" or "User Agreement") governs your use of the services provided by Ourbit described below and such other services that may be offered by Ourbit from time to time ("Ourbit Services" or "Services"). By signing up to use an Ourbit account or service through ourbit.com, Ourbit’s APIs, the Ourbit mobile application, or any other Ourbit website (collectively the "Site"), or by obtaining, holding or using a wrapped token issued by Ourbit, you agree that you have read, understand, and accept all of the terms and conditions contained in this Agreement including our Privacy Policy.
Securities Disclaimer: No material or any other information which may be made available on the Site or Platform shall constitute or be construed as a recommendation, endorsement, offer, invitation or solicitation to enter into any transaction with or purchase any product, or otherwise deal with securities, crypto assets or other products. You further understand that none of the information providers, including any Third-Party Providers are advising you personally concerning the nature, potential, value or suitability of any particular security or crypto asset, portfolio of securities or crypto assets, transaction, investment strategy or other matter, and any information provided is not tailored to the investment needs of any specific person. You understand that an investment in any security or crypto asset is subject to a number of risks, and that discussions of any security or crypto asset published on the Site or Platform may not contain a list or description of relevant risk factors. Please note that markets change continuously, so any information, content, Third-Party Content or other material provided on or through the Site or Platform may not be complete or current, or may be superseded by more current information. You rely on such information at your own risk.
No Professional or Investment Advice. Our Site and Platform are not intended to provide tax, legal, insurance or investment advice, and nothing on the Site or Platform should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security or crypto asset by the Company. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.
1) Ourbit does not offer services or products to Users in a few excluded jurisdictions including China, Singapore, North Korea, Cuba, Iran, Russian-controlled regions of Ukraine (currently including the Crimea, Donetsk, and Luhansk regions), Syria, or any other jurisdictions in which we may determine from time to time to terminate the services at our sole discretion (the "Excluded Jurisdictions"). You should inform us immediately if you become a resident in any of the Excluded Jurisdictions or are aware of any Users based in any of the Excluded Jurisdictions. You understand and acknowledge that if it is determined that you have given false representations of your location or place of residence, Ourbit reserves the right to take any appropriate actions in compliance with this restriction or in compliance with the law of a relevant jurisdiction, including termination of any Account immediately and liquidating any open positions. We also do not offer services to persons or entities in the U.S. Treasury Department’s List of Specially Designated Nationals or Blocked Persons, the EU’s Consolidated Financial Sanctions List or the UK Sanctions List, or any entity that is owned or controlled (50 percent or greater) by a person or entity on such lists (hereinafter "Prohibited Parties"), or offer services that involve or otherwise benefit Prohibited Parties. You understand that the Company reserves the right to take any appropriate actions in compliance with this restriction or in compliance with the law of a relevant jurisdiction, including termination of any Account immediately and liquidating any open positions.
2) YOU MUST FULLY UNDERSTAND AND ASSESS THE RISKS IN DIGITAL ASSETS TRADING BEFORE CONDUCTING ANY TRADING ACTIVITIES OR USING OUR SERVICES; YOU MUST ASSESS YOUR RISK TOLERANCE CAREFULLY BEFORE ENGAGING IN DIGITAL ASSETS TRADINGS.
3) Notwithstanding the foregoing, when using our Services, you may face risks regarding policy, regulatory compliance, investment yield, trading, and force majeure, etc, the non-exhaustive details of which are as follows:
(a) POLICY RISK: Users of Ourbit may encounter losses due to the amendment of national laws, regulations or macro-policies which may influence the normal trade of Digital Assets.
(b) COMPLIANCE RISK: Users of Ourbit may encounter losses if the User’s Digital Assets trade violates national laws or regulations.
(c) INVESTMENT YIELD RISK: the Digital Asset market has its uniqueness: it never closes, with Digital Assets prices fluctuating in a very wide range. Users may encounter losses in the market.
(d) TRADING RISK: Your successful transfer is dependent on mutual assent of the parties to the transfer and Ourbit does not commit to or guarantee any successful transfer.
(e) FORCE MAJEURE RISK: When natural disasters, war, strikes, cyber attacks and other unpredictable, unavoidable and unformidable situations occur, Ourbit may not be able to operate normally and this may result in Users' losses. For the User’s losses caused by force majeure, Ourbit will not assume any civil liabilities.
(f) RISK OF DELISTING: When a Digital Assets project party faces bankruptcy, liquidation and dissolution, or violates national laws & regulations, or under the request of the project party, Ourbit will delist such Digital Assets, which may cause losses for Users.
(g) TECHNICAL RISK: Although the chance of technical fault is remote during the Digital Assets trade, we can not exclude such possibility. If such has happened, the User’s interests may be affected.
(h) OPERATIONS RISK: Users may face risks due to operational error, such as transfers to wrong accounts, violations in operation regulations, etc.
(i) RISK OF ACCOUNT BEING FROZEN: User’s account may be frozen or forcefully confiscated by judicial institutions in the event of debt fraud or alleged crimes.
4) By registering for an Ourbit Account or using or otherwise accessing Ourbit Services, you represent and warrant that: (i) as an individual, you are of legal age to form a binding contract under applicable laws; (ii) as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into this Agreement; (iii) you have not been previously suspended or removed from using Ourbit Platform or related Services; (iv) you do not have an existing Ourbit Account; (v) you are not resident, located in or otherwise attempting to access Ourbit Platform or Ourbit Services from, or otherwise acting on behalf of a person or legal entity that is resident or located in, a Prohibited Country; (vi) if you act as an employee or agent of a legal entity, and enter into these Agreements on their behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity and to access and use Ourbit Platform and Ourbit Services on behalf of such legal entity; and (vii) your use of Ourbit Platform and Ourbit Services will not violate any and all laws and regulations applicable to you or the legal entity on whose behalf you are acting, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.
5) All Users must apply for an Ourbit Account before using Ourbit Services. When you register an Ourbit Account, you must provide the information identified in this Agreement or otherwise as requested by Ourbit, and accept this Agreement, the Privacy Policy, and other Ourbit Legal Documents. Ourbit may refuse, in its absolute sole discretion, to open an Ourbit Account for you. You agree to provide complete and accurate information when opening an Ourbit Account, and agree to timely update any information you provide to Ourbit to maintain the integrity and accuracy of the information. Each User (including natural person, business or legal entity) may maintain only one main account at any given time. The registration, use, protection and management of such trading accounts are equally governed by the provisions of this Agreement, unless otherwise stated in this Agreement or the Legal Documents.
6) Please note that there are legal requirements in various countries which may restrict the products and services that Ourbit can lawfully provide. Accordingly, some products and services and certain functionality within Ourbit Platform may not be available or may be restricted in certain jurisdictions or regions or to certain Users. You shall be responsible for informing yourself about and observing any restrictions and/or requirements imposed with respect to the access to and use of Ourbit Platform and Ourbit Services in each country from which Ourbit Platform and Ourbit Services are accessed by you or on your behalf. Ourbit reserves the right to change, modify or impose additional restrictions with respect to the access to and use of Ourbit Platform and/or Ourbit Services from time to time at their discretion at any time without prior notification.
7) The Users understand and agree that it is the sole responsibility of the Users to maintain the confidentiality of your Ourbit account and password and are responsible for all activities conducted by your Ourbit account (including, but not limited to, disclosure of information, release of information, online clicking for consent or submission of various rule agreements, online renewal of agreements or purchase service, etc.). You assume full responsibility for all actions and statements made using the Users’ accounts and passwords and agree to the following:
(a) Users should create passwords in accordance with relevant rules of Ourbit and relevant prompts of Ourbit (passwords include but are not limited to login passwords, fund passwords, mobile phone numbers bound when registering accounts, mobile phone verification codes received via mobile phones, Google verification, inter alia. Specific forms thereof may change; the same hereinafter. They should avoid choosing overly obvious words or dates as their passwords, such as Users' names, nicknames, birthdays, inter alia.
(b) The Users shall not disclose their accounts or passwords to any other person, nor shall they use the accounts or passwords of any other person. If the account of a User is illegally used by any other person due to factors not attributable to Ourbit, e.g, hacking, virus or negligence on the part of the User, Ourbit will not assume any responsibility whatsoever;
(c) the Users are prohibited from giving, lending, renting out, transferring or otherwise disposing of Ourbit account to any third party without the consent of Ourbit;
(d) Ourbit recognizes the Users’ instructions through the Users’ accounts and passwords. The Users hereby confirm that all their conduct on Ourbit after they log into Ourbit using their accounts and passwords shall represent the Users themselves. The electronic information records generated by the operation of the Users’ accounts are all valid evidence of the Users’ conduct, and the Users shall bear any and all the responsibilities arising therefrom.
(e) The Users shall adopt appropriate measures to ensure the security of their accounts and passwords after Ourbit notifies the Users of foreseeable security risk.
(f) Where any person uses the account and password of a User without due authorization, Ourbit and the legally authorized subject reserve the right to hold the actual User jointly and severally liable.
8) If a User discovers that a third person fraudulently uses or embezzles the User's account and password, or such third person’s use of the User’s account involves any absence of requisite and due authorization, the User shall promptly notify Ourbit in an effective manner and request Ourbit to suspend relevant services; otherwise all the responsibilities arising from such use shall be borne solely by the User. Furthermore, the User understands that Ourbit needs a reasonable period of time to take action on the User's request; Ourbit shall not be held liable for any loss that may arise in connection with such third person’s use of the services before Ourbit takes action.
9) Where Ourbit deems on its unilateral and independent judgement that any event which undermines the security of trading has or may arise, Ourbit shall have the right to suspend, interrupt or terminate all or part of the Services provided to a User under this Agreement, remove or delete registration information of such a User, seize illicit profits that the User may gain, without notifying such User and without assuming any responsibility to such User or any third party. The aforementioned events include:
(a) Ourbit believes that the information provided by the User is not authentic, valid or complete, e.g, where the User registers with Ourbit on the basis of identity information of any other person that the User uses without due authorization, or the information provided by the User for verification is inconsistent with relevant facts;
(b) Ourbit uncovers any abnormal transaction by the User or any transaction by the User is suspicious or may be illegal;
(c) Ourbit believes that the User’s account is suspected of being involved in money laundering, cash-out, pyramid selling, fraudulent use or other situations that Ourbit believes are risky or unlawful;
(d) Ourbit discovers that the User uses any illegal or improper technical means to engage in any activity that endangers the security of trading or affects fair trading, including tampering with transaction data, stealing customer information, stealing transaction data, attacking other registered accounts through Ourbit, inter alia;
(e) Ourbit believes that the User has violated any of the rules under this Agreement or the spirit thereof;
(f) Ourbit believes that the User may have participated in, or currently participates in, pump and dump schemes, wash trading, self-trading, front running, quote stuffing, spoofing, layering, or other types of market manipulative behaviours;
(g) any other circumstances under which the User breaches this Agreement;
(h) other circumstances under which Ourbit, based on its sole judgment, needs to suspend, interrupt or terminate all or part of the User services (including fee-based services) provided to Users under this Agreement and remove or delete the registration information on the ground of transaction security and other reasons.
10) When a User decides to cease to use his/her/its User account, the User shall first pay off all outstanding payables (including service fees, inter alia), then withdraw all available digital assets (if any) from the User account that are eligible for withdrawal, apply to Ourbit for freezing the User account, and formally cancel the User account upon approval by Ourbit.
11) The User agrees that if the identity verification procedure for his/her/its User account fails to be completed, Ourbit has the right to terminate the supply of User account services without prior notice to the User, and Ourbit may promptly suspend, close or delete the User account and all relevant materials and files in the User account.
12) The User agrees that the suspension, interruption or termination of the User's account does not represent the termination of the User's responsibilities. The User shall still be liable for any possible breach of agreement or damages that may arise due to or in connection with such User’s conduct during the time when such User uses the services provided by Ourbit; furthermore, Ourbit may continue keeping relevant information of the User.
13) Notwithstanding the foregoing, the Services provided by Ourbit as provided for under this Agreement shall include the following:
(a) User accounts: a User account will be generated upon a User’s registration with Ourbit. The User account will record the User's activities on the Platform. The aforementioned User account shall be the sole account for the User to log on to Ourbit and use any Services thereon.
(b) Digital asset trading: Users can submit digital asset trading instructions through Ourbit and trade other digital assets with digital assets in their User Accounts.
(c) Digital assets deposit and withdrawal: a User can transfer digital assets from other addresses to designated addresses in the User Account, or transfer digital assets from the User’s account to other addresses.
(d) Updating trading status: the User confirms that the digital asset trading status confirmed by the User in accordance with Ourbit services procedures on Ourbit will become an irrevocable instruction for Ourbit to conduct relevant transactions or operations for the User. The User agrees that the execution time of relevant instructions shall be based on the actual operation time of Ourbit in Ourbit system. The User agrees that Ourbit has the right to handle relevant matters in accordance with this Agreement and/or the relevant dispute resolution rules of Ourbit. Any dispute or loss caused by User’s failure to amend or confirm the transaction status, or to submit relevant applications in a timely manner, shall be borne by the User exclusively, and Ourbit shall not bear any responsibility whatsoever.
(e) Transmission of trading instructions: Ourbit transmits the User’s trading instructions at the time the User inputs the trading instructions and data. The User understands that Ourbit is the matchmaker of digital asset transactions, not a buyer or seller participating in the transaction of digital asset transactions itself, and that Ourbit does not provide, by itself, any services relating to the deposit or withdrawal of the legal tender of any country.
(f) Transaction inquiry: Ourbit will record all of the User's operations on Ourbit, regardless of whether the purpose of such operations is finally achieved. The User can query such transaction records under the User’s account in real time via User Account.
(g) Transaction security settings: Ourbit has the right to carry out the settings of transaction-related matters from time to time based on considerations of such factors as transaction security, including transaction limits and transaction times, inter alia. The Users understand that the aforesaid settings of Ourbit may cause certain inconveniences in trading, and the Users have no objection thereto.
(h) Handling of system failures: if Ourbit uncovers a handling error caused by a system failure or any other reason, Ourbit has the right to correct the error regardless of whether it is beneficial to Ourbit or its Users. Where due to such error, the User actually receives more digital assets than the amount that such User should have received, then regardless of the nature and reason of the error, Ourbit reserves the right to correct such improperly executed transaction and the User shall return the overcharged digital assets or perform other operations in accordance with the specific requirements of Ourbit's notice to the User regarding the correction of such error. The User understands and agrees that Ourbit will not assume any losses or responsibilities caused by the aforesaid handling error.
14) You acknowledge and agree that the above list is non-exhaustive in nature and the Services are provided by Ourbit or Ourbit's partner(s) on an 'as-is' basis, and may be subject to reduction, changes. cancellation, termination, and modifications by Ourbit under its absolute sole discretion. Ourbit Services may be varied in appearance, availability, pricing, operation, to residence of different countries, Ourbit reserve the right to modify such Services in its absolute sole discretion, with or without notice to you. Each Service Ourbit provides, provided, or will provide is subject to separate terms and conditions which may be contained under the Legal Documents, by using the Services, you are deemed to have read and understood the nature of those provisions.
15) In addition to the foregoing, the User acknowledges and agrees that Ourbit shall have, at Ourbit’s sole discretion, the right to suspend all or part of the Services, or the User’s access to all or part of the Services, whenever Ourbit determines in Ourbit’s sole discretion that:
(a) the User may have breached this Agreement; or
(b) the proper functioning of the Ourbit Platform is in jeopardy.
16) For the purposes of Clause 15 (b), the proper functioning of Ourbit will be in jeopardy in the following circumstances:
(a) when a computer or telecommunications network ceases to operate or function as a result of an accident;
(b) in the event of a Force Majeure Event which affects the provision of the Services;
(c) when Ourbit’s assets or the User’s Assets, or the Platform, are the subject of an attempted or actual malicious attack which may, among other things, result in the theft or loss of such assets;
(d) when an event affects the proper functioning of critical systems relied upon by Ourbit, including the pricing system or any other system necessary for the provision of the Services;
(e) when Ourbit suspects unauthorized use of the Platform, or a breach of this Agreement or Applicable Laws and Regulations;
(f) when Ourbit determines that it is necessary, in its sole discretion, to conduct investigations in light of its requirements under Applicable Laws and Regulations or to ensure the proper functioning of the Platform;
(g) when Ourbit decides to cease handling a Digital Asset based on the results of a Hard Fork that causes a chain split or changes to a Digital Asset;
(h) when Ourbit deems that the provision of the Services cannot continue due to changes in Applicable Laws and Regulations, social conditions, or factors outside Ourbit’s control, including but not limited to when a Digital Asset is no longer deemed an “Acceptable Digital Asset” by the Competent Authorities; or
(i) when for any other reason, Ourbit determines in its sole discretion that the suspension is necessary.
17) When you use Ourbit Services, you agree and undertake to comply with the following provisions:
(a) During the use of Ourbit Services, all activities you carry out should comply with the requirements of applicable laws and regulations, this Agreement, and various guidelines of Ourbit;
(b) Your use of Ourbit Services should not violate public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other Users from using Ourbit Services;
(c) You agree not to use the services for 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);
(d) Without written consent from Ourbit, the following commercial uses of Ourbit data are prohibited:
(i) Trading services that make use of Ourbit quotes or market bulletin board information.
(ii) Data feeding or streaming services that make use of any market data of Ourbit.
(iii) Any other websites/apps/services that charge for or otherwise profit from (including through advertising or referral fees) markets data obtained from Ourbit.
(e) Without prior written consent from Ourbit, you may not modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sub-license, sell, mirror, design, rent, lease, private label, grant security interests in the properties or any part of the properties, or create their derivative works or otherwise take advantage of any part of the properties.
(f) You may not (i) use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the properties, or replicate or bypass the navigational structure or presentation of Ourbit Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through Ourbit Services; (ii) attempt to access any part or function of the properties without authorization, or connect to Ourbit Services or any Ourbit servers or any other systems or networks of any Ourbit Services provided through the services by hacking, password mining or any other unlawful or prohibited means; (iii) probe, scan or test the vulnerabilities of Ourbit Services or any network connected to the properties, or violate any security or authentication measures on Ourbit Services or any network connected to Ourbit Services; (iv) reverse look-up, track or seek to track any information of any other Users or visitors of Ourbit Services; (v) take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of Ourbit Services or Ourbit, or the infrastructure of any systems or networks connected to Ourbit services; (vi) use any devices, software or routine programs to interfere with the normal operation of Ourbit Services or any transactions on Ourbit Services, or any other person’s use of Ourbit Services; (vii) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to Ourbit, or (viii) use Ourbit Services in an illegal way.
18) By accessing Ourbit Services, you agree that Ourbit has the right to investigate any violation of this Agreement, unilaterally determine whether you have violated this Agreement, and take actions under relevant regulations without your consent or prior notice. Examples of such actions include, but are not limited to:
- Blocking and closing order requests;
- Freezing your account;
- Reporting the incident to the authorities;
- Publishing the alleged violations and actions that have been taken;
- Deleting any information you published that are found to be violations.
19) In addition to the foregoing, due to the operation of Applicable Laws, Ourbit prohibits certain businesses to be conducted on or otherwise utilize Ourbit Services, Ourbit has the right to monitor your transaction and/or account activities to determine, under our absolute sole discretion, if your use of Ourbit Services constitutes any of the prohibited businesses. These prohibited businesses include:
(a) Unlicensed money service businesses, including but not limited to, payment services providers, the sale of money orders or cashier’s checks or any money transmitter activities
(b) Adult content and services, including but not limited to, any types of pornography and other obscene materials (including literature, imagery and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features
(c) Deceptive marketing and false advertising services
(d) Religious and/or spiritual organizations
(e) Unlicensed sale of weapons of any kind, including but not limited to, firearms, ammunition, knives, explosives, or related accessories
(f) Certain regulated products and services, including but not limited to, marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age restricted goods or services, and toxic, flammable, and radioactive materials
(g) Pseudo-pharmaceuticals - Companies manufacturing and or selling untested or unapproved pharmaceuticals
(h) Drugs and Drug Paraphernalia, including but not limited to, sale of narcotics, controlled substances, and any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs
(i) Gambling activities, including but not limited to, sports betting, casino games, horse racing, dog racing, lotteries, games of chance, sweepstakes, games of skill that may be classified as gambling (i.e. poker), or other activities that facilitate any of the foregoing
(j) Money-laundering, fraud, terrorist financing, or any other type of financial crimes
(k) Any sort of Ponzi scheme, pyramid scheme, or multi-level marketing program
(l) Goods or services that infringe or violate any copyright, trademark, or proprietary rights under the laws of any jurisdiction
(m) Layaway systems, or annuities
(n) Counterfeit or unauthorized goods, including but not limited to, sale or resale of fake or “novelty” IDs, sale of goods or services that are illegally imported or exported or which are stolen
(o) Wash trading, front-running, insider trading, market manipulation or other forms of market-based fraud or deceit
(p) Purchasing goods of any type from hidden service markets or “Darknet” markets, or any other service or website that acts as a marketplace for illegal goods (even though such marketplace might also sell legal goods)
(q) Any other matters, goods, or services that from time to time we deem to be unacceptable or of high risk, and which, for example, may be restricted by our bank or payment partners; or
(r) Any other unlawful activities which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where we conduct business, or which would involve proceeds of any unlawful activities
(s) Shell Banks or Financial Institutions that have customers that are shell banks
(t) Entities with bearer share ownership
(u) Defense industry, firearms & munitions manufacturers
(v) Nuclear Energy
(w) Restricted financial services, including but not limited to credit repair, debt settlement, refinance, bail bonds, collections agencies
(x) Transactions or business involving ivory and protected species
20) In the event that we learn or reasonably suspect, in our sole discretion, that your account is or may be associated with any of the Prohibited Businesses as set forth above, we will consider it to be a violation of this Agreement and may suspend or terminate your account, including by canceling any clawback transactions or freezing your funds immediately without notice, or taking any other action required by a law enforcement agency, regulator, or any other authority. We reserve the right to report any such suspected or actual Prohibited Businesses to a law enforcement agency, regulator, or any other authority.
21) In addition to other similar provisions contained under this Agreement and the Legal Documents, you agree and acknowledge that we have the right, at any time and in our absolute sole discretion, to implement the following measures on your Account:
(a) Blocking and closing order requests;
(b) Freezing your account and any assets contained therein;
(c) Clawback and/or retrieve any profits obtained in violation of this Agreement or other Legal Documents to compensate for any losses suffered as a consequence thereto;
d) Publishing the alleged violations and actions that have been taken;
(e) Deleting any information you published that are found to be violations.
If we suspect, in our absolute sole discretion, inter alia, any of the following:
(a) The Account is in violation of any of this Agreement or the Legal Documents;
(b) The Account is in violation of any applicable laws or regulations;
(c) The Account is in violation of Anti-Money-Laundering/Counter-Terrorism Financing laws;
(d) The Account is in violation of a regulatory authority requirement, court order, or valid subpoena;
(e) The Account is, or is related to any account that is, subject to any pending litigation, investigation, or governmental proceeding;
(f) The Account has a balance that needs to be reconciled for any reason;
(g) If Ourbit believes that an unauthorized person is attempting to gain access to your account;
(h) If Ourbit believes that you are using your credentials or other account information in an unauthorized or inappropriate manner;
(i) If Ourbit believes that your account is related to any Prohibited Businesses as set forth in Clause 19;
(j) If Ourbit believes that there are suspicious and/or fraudulent activities on your account; or
(k) The Account has not been accessed in over one year.
22) You agree and acknowledge that we have the right to immediately investigate and implement necessary measures on your Account and any Account related thereto, if we suspect, in our sole discretion, that any such account has committed a violation of this Agreement, the Legal Documents, or the Applicable Laws or Regulations.
23) Ourbit has the right to set Service charges according to this Agreement. Ourbit also has the right to formulate and adjust the Service charges, and set specific service charges for you to use the Service(s) and terminate any promotional efforts at any time and from time to time, at Ourbit's absolute sole discretion.
24) Unless otherwise stated or agreed upon, you agree that Ourbit has the right to deduct the above-mentioned service charges directly from the assets of your account.
25) At Ourbit's sole discretion, regional or country-specific pricing may vary based on the User’s residence or location.
26) Ourbit is responsible for providing Ourbit services to you according to the status quo and availability. Ourbit, however, makes no express or implied warranty with respect to the Services, including but not limited to the applicability, absence of error or omission, sustainability, accuracy, reliability, suitability for a particular purpose of the Services. At the same time, Ourbit makes no commitment or guarantee to the validity, accuracy, correctness, reliability, quality, stability, integrity and timeliness of the technology and information involved in the Ourbit service.
27) Notwithstanding the afore, Ourbit is responsible for reviewing the text of information released by the digital asset project owners, however it does not guarantee or assume any responsibility for the accuracy, completeness or legality of such information. The Users shall make decisions based on their independent judgment and shall engage their own advisors and/or conduct their own research. If Users conduct digital asset transactions based on such information, the risks arising therefrom shall be borne exclusively by the Users themselves, and the Users have no right to propose any legal claim to Ourbit on the basis of such risks. Any dispute between a User and the digital asset project owner arising from or related to transaction shall be settled by and between the parties to the dispute themselves, and the Platform shall not bear any transaction risk or legal liability whatsoever.
28) DISCLAIMER OF WARRENTIES: TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, Ourbit SERVICES, Ourbit MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF Ourbit ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND Ourbit EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, 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, Ourbit DOES NOT REPRESENT OR WARRANT THAT THE SITE, Ourbit SERVICES OR Ourbit MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Ourbit DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS, AGREEMENTS AND RULES SET FORTH IN this Agreement, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF Ourbit SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT Ourbit WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSETS PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA, (D) REGULAR OR UNSCHEDULED MAINTENANCE CARRIED OUT BY Ourbit AND SERVICE INTERRUPTION AND CHANGE RESULTING FROM SUCH MAINTENANCE, (E) ANY DAMAGES INCURRED BY OTHER USERS’ ACTIONS, OMISSIONS OR VIOLATION OF this Agreement, (F) ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZED BY Ourbit; AND (G) OTHER EXEMPTIONS MENTIONED IN DISCLAIMERS AND PLATFORM RULES ISSUED BY Ourbit.
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.
29) DISCLAIMER OF DAMAGES AND LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Ourbit 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 BUSINESSES OR FINANCIAL BENEFITS) ARISING OUT OF Ourbit SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF Ourbit SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF Ourbit AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF Ourbit 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 Ourbit’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 Ourbit, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF SERVICES OFFERED BY OR ON BEHALF OF Ourbit AND ITS AFFILIATES, ANY PERFORMANCE OR NON-PERFORMANCE OF Ourbit SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE TRANSACTION FEES PAID BY YOU TO Ourbit UNDER this Agreement IN THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
30) You agree to indemnify and hold harmless Ourbit, their 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, Ourbit Services, (ii) your breach or our enforcement of this Agreement, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of Ourbit Services. If you are obligated to indemnify Ourbit,, contractors, licensors, and their respective directors, officers, employees or agents pursuant to this Agreement, Ourbit will have the right, in its sole discretion, to control any action or proceeding and to determine whether Ourbit wishes to settle, and if so, on what terms.
31) You agree that Ourbit shall be entitled in its sole and absolute discretion, without prior notice, to suspend, terminate the provision of part or all of the Ourbit services to you for any reason, as well as suspend or permanently freeze (cancel) your account in Ourbit, and shall not be liable to you or any third party for so doing, however, Ourbit has the right to retain the trade data, history and other information relating to the account, as well as the application and use of such information. In the event of the following circumstances, Ourbit has the right to terminate this Agreement directly by canceling the account, and has the right to permanently freeze (cancel) your account’s authority on Ourbit:
(a) After Ourbit terminates the services provided to you, and you are suspected of re-registering as a user of Ourbit, directly or indirectly or in the name of others;
(b) The email address that you have provided does not exist or cannot receive emails, and there is no other way to contact you, or Ourbit has notified you to change your email information via another contact method, and you still have not changed to a valid email address within three working days after the notice from Ourbit;
(c) The main contents of the user information that you have provided are not true or inaccurate or incomplete;
(d) When the Agreement (including the rules) has changed, you should expressly inform Ourbit that you are not willing to accept the new service agreement; and
(e) Other circumstances in which Ourbit believes that the service should be terminated. Upon the termination of your account services or the permanent freezing (cancellation) of your account on Ourbit, Ourbit shall have no obligation to retain or disclose to you any information in your account, or to forward to you or a third party any information you have not read or sent or forwarded to.
32) You agree that Ourbit shall have the right to immediately suspend your Ourbit Account (and any accounts beneficially owned by related entities or affiliates), freeze or lock assets or funds in all such accounts, and suspend your access to Ourbit for any reason including if Ourbit suspects any such accounts to be in violation of this Agreement, the Legal Documents, or any applicable laws and regulations. You agree that Ourbit shall not be liable to you for any permanent or temporary modification of your Ourbit Account, or suspension or termination of your access to all or any portion of Ourbit Services. Ourbit shall reserve the right to keep and use the transaction data or other information related to such Ourbit Accounts. The above account controls may also be applied in the following cases:
(a) The Ourbit Account is subject to a governmental proceeding, criminal investigation or other pending litigation;
(b) We detect unusual activities in the Ourbit Account;
(c) We detect unauthorized access to the Ourbit Account;
(d) We are required to do so by a court order or command by a regulatory/government authority.
33) In case of any of the following events, Ourbit shall have the right to directly terminate this Agreement by cancelling your Ourbit Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your Ourbit Account on Ourbit and withdraw the corresponding Ourbit Account thereof:
(a) after Ourbit terminates services to you;
(b) you allegedly register or register in any other person’s name as an Ourbit User again, directly or indirectly;
(c) the information that you have provided is untruthful, inaccurate, outdated or incomplete;
(d) when this Agreement are amended, you state your unwillingness to accept the amended Terms by applying for cancellation of your Ourbit Account or by other means
(e) you request that Ourbit Services be terminated; and
(f) any other circumstances where Ourbit deems it should terminate Ourbit Services.
34) If Ourbit is informed that any assets or funds held in your Ourbit Account are stolen or otherwise are not lawfully possessed by you, Ourbit may, but has no obligation to, place an administrative hold on the affected funds and your Ourbit Account. If Ourbit does lay down an administrative hold on some or all of your funds or Ourbit Account, Ourbit may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to Ourbit has been provided to Ourbit in a form acceptable to Ourbit. Ourbit will not involve itself in any such dispute or the resolution of the dispute. You agree that Ourbit will have no liability or responsibility for any such hold, or for your inability to withdraw Digital Assets or funds or execute trades during the period of any such hold.
35) Except as set forth in this Agreement, once an Ourbit Account is closed/withdrawn, all remaining account balance (which includes charges and liabilities owed to Ourbit) will be payable immediately to Ourbit. Upon payment of all outstanding charges to Ourbit (if any), Users may, upon determination by Ourbit as to the User's eligibility, withdraw all Digital Assets or funds from the account.
36) Ourbit maintains full custody of the assets, funds and User data/information which may be turned over to governmental authorities in the event of Ourbit Accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of this Agreement.
37) Notwithstanding any provision of this Agreement, Ourbit may provide a written notice requiring you to close all of your open positions and withdraw all of your assets from your Ourbit Account within a limited period of time as determined by Ourbit. In the event that you fail to do so, Ourbit may, in its absolute discretion and without prior notice to you:
(a) deem your Ourbit account as a dormant account;
(b) close any open positions in any Ourbit products;
(c) convert the Digital Assets to a different type of Digital Asset (e.g., from BTC to USDT).
(d) close a dormant account at any time, and Ourbit will not be liable for any loss, damage or expense incurred by you as a result of the closure of a dormant account unless there was fraud or willful default by Ourbit.
38) In addition to the foregoing, you understand and agree that:
(a) If you have committed any illegal acts or violations of this Agreement during the period of using the provided Service, Ourbit may still assert rights against you in accordance with this Agreement.
(b) When Ourbit suspends or terminates the provision of services to you, Ourbit will handle your trading data recorded before service suspension or termination under the following principles. You shall handle or bear any disputes, losses or expenses incurred by yourself, and shall ensure that Ourbit is exempted from any losses or any expenses.
(c) Where you have entered into a purchase contract with other members before the suspension or termination of the Service but the contract has not been actually performed, Ourbit shall have the right to delete relevant information of such a purchase contract and the trading of digital assets thereof.
(d) Upon the termination of your account services or the permanent freezing (cancellation) of your account on Ourbit, Ourbit shall have no obligation to retain or disclose to you any information in your account, or to forward to you or a third party any information you have not read or sent or forwarded to; and
(e) If you have entered into a purchase contract with any other member before the suspension or termination of services and such contract has been partially performed, Ourbit may not delete the trade; provided that Ourbit may notify the counterparty of relevant circumstances at the time of suspension or termination of services.
39) All intellectual properties included in Ourbit, including, but not limited to, website logos, databases, website design, text and graphics, software, photos, videos, music, sounds and any combinations of the aforementioned files, and the intellectual property rights of software compilation, associated source code and software (including small applications and scripts) shall be owned by Ourbit. You may not copy, modify, copy, transmit or use any of the foregoing materials or content for commercial purposes.
40) Upon accepting this Agreement, it shall be deemed that you, on the basis of your own free will, have transferred and assigned exclusively and free of charge to Ourbit all copyright of any form of information that you have published on Ourbit, including, but not limited to copyrights, distribution rights, lease rights, exhibition rights, performance rights, projection rights, broadcasting rights, information network communication rights, production rights, adaptation rights, translation rights, compilation rights and other transferable rights that copyright owners are entitled to, and Ourbit shall have the right to sue for any infringement on such copyright and obtain full compensation for such infringement. This Agreement shall apply to any content that is published by you on Ourbit and is protected by copyright law, regardless of whether the content is generated before or after the signing of this Agreement.
41) You shall not illegally use or dispose of the intellectual property rights of Ourbit or any other person during your use of the services offered by Ourbit. For any information that you publish on Ourbit, you may not publish or authorize other websites (or media) to use such information in any manner whatsoever.
42) You will not be deemed to have been transferred any intellectual property rights to you by Ourbit when you log in to Ourbit or use Ourbit's Service.
43) Ourbit 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 Ourbit Services. No communication or information provided to you by Ourbit is intended as, or shall be considered or construed as, investment advice, legal advice, tax advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in this Agreement and Legal Documents, 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 according to your personal investment objectives, financial circumstances and risk tolerance, and you shall be solely responsible for any loss or liability therefrom. We recommend consultation with your financial, legal, and/or tax professionals regarding your specific situation. Ourbit does not recommend that any Digital Asset should be bought, earned, sold, or held by you, nor does Ourbit warrant any Services that are or should be available in any jurisdictions. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisors prior to making any investment decision. Ourbit will not be held responsible for the decisions you make to buy, sell, or hold Digital Assets based on the information provided by Ourbit.
44) Notice of Claim and Dispute Resolution Period. Please contact Ourbit before initiating any legal proceedings! Ourbit wants to address your concerns without resorting to formal legal proceedings, if possible. If you have a dispute with Ourbit, then you should contact Ourbit and a ticket number will be assigned. Ourbit will attempt to resolve your dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).
45) In the event the dispute cannot be resolved satisfactorily, and you wish to assert a legal claim against Ourbit, then you agree to set forth the basis of such claim in writing in a “Notice of Claim,” as a form of prior notice to Ourbit. The Notice of Claim must:
(1) describe the nature and basis of the claim or dispute,
(2) set forth the specific relief sought,
(3) provide the original ticket number, and
(4) include your Ourbit account email.
46) The Notice of Claim should be submitted to an email address or hyperlink provided in your correspondence with Ourbit. After you have provided the Notice of Claim to Ourbit, the dispute referenced in the Notice of Claim may be submitted by either Ourbit or you to arbitration in accordance with this Agreement. For the avoidance of doubt, the submission of a dispute to Ourbit for resolution internally and the delivery of a Notice of Claim to Ourbit are prerequisites to commencement of an arbitration proceeding (or any other legal proceeding). During the arbitration, the amount of any settlement offer made by you or Ourbit shall not be disclosed to the arbitrator.
47) Agreement to Arbitrate. You and Ourbit agree that, subject to this Agreement and Legal Documents, any dispute, claim, or controversy between you and Ourbit arising in connection with or relating in any way to this Agreement or to your relationship with Ourbit as a user of Ourbit Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of this Agreement) will be determined by mandatory final and binding individual (not class) arbitration. You and Ourbit further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including without limitation any objections with respect to the existence, scope or validity of the Agreement to Arbitrate, or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including, if applicable, attorney fees), except that the arbitrator may not award declaratory or injunctive relief in favour of anyone but the parties to the arbitration. The arbitration provisions set forth in this Agreement will survive termination of this Agreement.
48) Arbitration Rules. The arbitration shall be subject to the HKIAC Administered Arbitration Rules (HKIAC Rules) in force when the Notice of Arbitration is submitted, as modified by this Agreement. The arbitration will be administered by the Hong Kong International Arbitration Centre (HKIAC). Unless the parties agree otherwise, there shall be only one arbitrator appointed in accordance with the HKIAC Rules. Any arbitration will be conducted in the English language. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
JUDGMENT ON ANY ARBITRAL AWARD MAY BE GIVEN IN ANY COURT HAVING JURISDICTION OVER THE PARTY (OR OVER THE ASSETS OF THE PARTY) AGAINST WHOM SUCH AN AWARD IS RENDERED. TIME FOR FILLING: ANY ARBITRATION AGAINST Ourbit OPERATORS MUST BE COMMENCED BY FILING A REQUEST FOR ARBITRATION WITHIN ONE (1) YEAR, AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. THIS ONE YEAR LIMITATION PERIOD IS INCLUSIVE OF THE INTERNAL DISPUTE RESOLUTION PROCEDURE SET FORTH IN THIS AGREEMENT, ABOVE. THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
49) Governing Law. This Agreement and the Legal Documents shall be governed by the laws of England and Wales, without reference to its conflict of laws provisions.
50) Class Action Waiver. You and Ourbit agree that any claims relating to this Agreement or to your relationship with Ourbit as a user of Ourbit Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of this Agreement) shall be brought against the other party in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and Ourbit further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including Ourbit.
Know-Your-Customer and Anti-Money-Laundering Policy
51) We ensure that we will comply with the Know-Your-Customer and Anti-Money-Laundering laws and regulations, and will not knowingly violate the Know-Your-Customer and Anti-Money-Laundering policies. To the extent of our reasonable control, we will adopt necessary measures and technology to provide you with services that are safe and secure, to protect you against the loss caused by money laundering to the greatest extent possible. The contents of Know-Your-Customer and Anti-Money-Laundering policies are as follows:
(a) We promulgate and update Know-Your-Customer (KYC) and Anti-Money-Laundering (AML) policies to meet the standards set by relevant laws and regulations;
(b) We promulgate and update some parts of the guidelines and rules in connection with the operation of this Website, where our staff will provide services in accordance with these guidelines and rules;
(c) We design and complete the procedures for internal monitoring and trade control, such as rigorous identity authentication procedures, and forming a professional team responsible for anti-money laundering;
(d) We adopt a risk-prevention-based approach to carry out due diligence and continuous supervision in connection with customers;
(e) Review and regularly inspect existing trades;
(f) To report suspicious trades to the competent authorities;
52) You must provide Ourbit with complete and accurate identity information and supporting documents, including, but not limited to, proof of identity, proof of address, contact details, etc.
53) Ourbit will undertake due diligence to verify information provided by you, in circumstances where Ourbit, in its absolute sole discretion, deems such information may be inaccurate or incomplete, Ourbit shall be entitled to request further supporting documents from you in order to ensure the truthfulness and accuracy of User identity. You agree and understand that failure to provide these documents may result in full or partial restrictions on using Ourbit Services.
54) You hereby undertake to update in a timely manner to any changes in your identity information to ensure that the identity information provided by you are up-to-date, accurate, and complete. It is your responsibility to make sure that any identity information and supporting documents thereof provided by you are most up-to-date and valid.
55) In accordance with the laws and regulations of relevant jurisdictions and in light of the nature of entities concerned, the content of your information as it is collected by us may vary.
56) In principle, we will collect the following information of yours if you have registered as an individual:
(a) Basic personal information: your name, address (and permanent address, if the two are different), date of birth and nationality, and other available information. Identity authentication shall be based on documents issued by the official or other similar authorities, such as passports, identity cards or other identity documents as are required and issued by relevant jurisdictions.
(b) Valid photo: before you sign up, you must provide a photograph showing you holding your identity document in front of your chest; and
(c) Contact information: telephone/mobile phone number and valid email address.
57) If you are a company or any other type of legal entity, we will collect the following information of yours to determine the final beneficiary of your account or your trust account.
(a) Your corporation enrollment and registration certificates of the company; a copy of the articles of association and memorandum of the company;
(b) The detailed certification materials of the ownership structure and ownership description of the company, and the decision of the board of directors on designating the authorized agent of the company responsible for the opening and execution of the account of the company within the website;
(c) The identity documents of the directors, major shareholders of the company as well as the authorized signatory for the company's account with the website, as required in accordance with relevant rules;
(d) The company's main business address, and the company's mailing address if it is different from the main business address of the company
(e) Other certification documents, documents issued by competent authorities and other documents we may deem necessary in light of the laws and regulations of relevant jurisdictions and in light of the specific nature of your entity.
58) We only accept supporting documents pertaining to your identity information in English; if your identity information is not in English, you shall have your identity information translated into English and duly notarized.
(a) You are required to provide both the front and back sides of your identity documents.
(b) You are required to provide us with a photograph showing you holding your identity documents in front of your chest.
(c) Copies of certification documents shall be checked against the originals thereof. Nonetheless, if a trusted and suitable certified person can prove that such copies are accurate and comprehensive duplicates of the originals thereof, such copies shall be deemed as acceptable. Such certifiers include ambassadors, members of the judiciary, magistrates, etc.; and
(d) The identification of the ultimate beneficiary and controller of the account shall be based on the determination of which individuals ultimately own or control the direct customer and/or the determination that the ongoing trade is performed on the behalf of others. If you are a business enterprise, the identity of major shareholders thereof (for example, those holding 10 % or more of the voting equity in such business enterprise) shall be verified.
60) Ourbit will employ reasonable measures to supervise trading activities carried out on the platform in order to detect and prevent suspicious trading activities. In the meantime, Ourbit shall have the right to take appropriate actions, as Ourbit may, in its absolute sole discretion, determine, to respond to any suspicious activities carried out by the Users, including:
(a) We may report suspicious trading activities to the regulating authorities to stay in compliance with applicable laws and regulations;
(b) We constantly set and adjust daily trading and cash withdrawal limits based on security requirements and actual state of trade;
(c) We may temporarily restrict trading activity(ies) and freeze any Account pending further investigations, in order to protect Assets of the User and Ourbit, and/or to comply with any ongoing judicial/regulatory investigations and/or requests;
(d) We constantly monitor your activities and trading behaviour. If trading occurs too frequently in an account registered by you, or is beyond circumstances reasonable to you, Ourbit will assess and determine whether such trades are suspicious.
61) If we identify a specific trade as suspicious on the basis of our assessment, we may adopt such restrictive measures as suspending trade or denying trade, and if it is possible, we may even reverse trade as soon as possible, and report to competent authorities, without, however, notifying you;
62) We reserve the right to reject registration applications by applicants that do not comply with the international standards against money laundering or who may be regarded as political and public figures; we reserve the right to suspend or terminate a trade identified as suspicious based on our own assessment, which, however, does not breach any of our obligations and duties to you. For details on locations where Ourbit refuses registration or to provide Services, kindly refer to section entitled 'Prohibited Countries', above.
63) Independent Parties. Ourbit is an independent contractor but not an agent of you in the performance of this Agreement. this Agreement shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.
64) Entire Agreement. this Agreement constitute the entire agreement between the parties regarding use of Ourbit Services and will supersede all prior written or oral agreements between the parties. 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 herein.
65) Interpretation and Revision. Ourbit reserves the right to alter, revise, modify, and/or change this Agreement at any time. All changes will take effect immediately upon being published on Ourbit websites. It is your responsibility to regularly check relevant pages on our websites/applications to confirm the latest version of this Agreement. If you do not agree to any such modifications, your only remedy is to terminate your usage of Ourbit Services and cancel your account. You agree that, unless otherwise expressly provided in this Agreement, Ourbit will not be responsible for any modification or termination of Ourbit Services by you or any third party, or suspension or termination of your access to Ourbit Services.
66) Language & Translations: this Agreement may, at Ourbit’s sole and absolute discretion, be translated into a language other than the English language. You agree that any such translation shall only be for your convenience and the English text shall prevail in the event of any ambiguity, discrepancy or omission as between the English text and any translated text.
67) Force Majeure. Ourbit will not be liable for any delay or failure to perform as required by this Agreement because of any cause or condition beyond Ourbit’s reasonable control.
68) Severability. If any portion of this Agreement is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of this Agreement, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
69) Assignment. You may not assign or transfer any right to use Ourbit Services or any of your rights or obligations under this Agreement without prior written consent from Ourbit, including any right or obligation related to the enforcement of laws or the change of control. Ourbit may assign or transfer any or all of its rights or obligations under this Agreement, in whole or in part, without notice or obtaining your consent or approval.
70) Waiver. The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of this Agreement or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.
71) Third-Party Website Disclaimer. Any links to third-party websites from Ourbit Services does not imply endorsement by Ourbit of any product, service, information or disclaimer presented therein, nor does Ourbit guarantee the accuracy of the information contained on them. If you suffer loss from using such third-party product and service, Ourbit will not be liable for such loss. In addition, since Ourbit has no control over the terms of use or privacy policies of third-party websites, you should read and understand those policies carefully.