Thank you for visiting OKLink.com (the “Site”). This Site is being supported by OKLink Fintech Limited, a Hong Kong incorporated private company (company registration number: 2826035) (the “Party”). The Party is a wholly-owned subsidiary of LEAP Holdings Group Limited, a Cayman incorporated company listed on the Main Board of The Stock Exchange of Hong Kong Limited (stock code: 1499).
The Party provides an interface to the User through which Users may access products and services and communicate with the third party product and service providers (“Service(s)”). The Party does not provide or control and should not be considered to be providing or controlling the products and services, unless expressly stated. The use and nature of a specific products and services may be governed by additional terms or conditions issued or published by us or the third party product and service provider.
If you do not agree to be bound by these Terms, do not access or use the Service. The Party reserves the right to change or modify the terms and conditions contained in these Terms, including but not limited to any policy or guideline of the platform, at any time and at its sole discretion. As described in these Terms, you agree to be legally bound by these terms and all terms incorporated by reference. We will provide notice of changes to these Terms by posting the revised Terms on the Site and changing the "Last updated" date at the top of the Terms, or by emailing the Users at the email address provided by the Users, or by any other means as determined by the Party at its sole discretion, and the updated Terms shall be effective at such time. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account. You agree that we shall not be liable to you or any third party as a result of any losses suffered by any modification or amendment of these Terms. Your non-termination or continued use of this Site or Services or your account after the effective date of any changes or modifications of these Terms constitute acceptance of such changes or modifications.
These Terms and any terms expressly incorporated herein apply to your access to, and use of, any services provided by the Party. These Terms do not alter in any way the terms or conditions of any other agreement you may have with the Party and/or the relevant solution provider(s) for specific 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; (b) the use of specific products, services or otherwise by the legal entity is legal and does not breach the applicable laws of the jurisdiction of its organization; and (c) you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you violate these Terms.
We encourage you and you hereby agree to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, this Site, the Services and your account. If you have any questions regarding the use of this Sites, the Services or your account, please contact USDK@oklink.com.
- SERVICE BY PARTY
The Party provides the Services in certain permitted jurisdictions. The Services, the utilization of which may require an additional user agreement, allow users to access various products and services and to send instructions to the relevant third party product and service providers, as applicable.
Information Accuracy: The Party has taken reasonable measures to ensure the accuracy of the information on the Site; however, we do not guarantee the accuracy, suitability, reliability, completeness, performance and/or fitness of the content in respect of any Service or products available through the Site, and will not accept liability for any loss or damage that may arise directly or indirectly from the content or your inability to access this Site, or from any delay in or failure of the transmission or the receipt of any instruction or notifications sent through our platform. The Party will not have any liability for the use or interpretation of such information. The information and content on the Site is subject to change without prior notice and is provided for the sole purpose of assisting Users to make independent decisions.
Users shall prepare devices and bear costs as follows: Internet-connected device, including but not limited to computer or other internet-connected terminals; Internet-accessing costs, including but not limited to internet fees, rental charges for internet-connected equipment, cellular data fees, etc.
Service Availability: By using the Services, you acknowledge and consent that the Service is provided by the Party according to its current technological capacity and other conditions. While the Party has taken reasonable measures to ensure continuity and security of the Services, we are unable to completely foresee and eliminate 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 Site is unable to operate properly and the User is unable to use the Service properly, the Party assumes no liability for damages in connection with or arising from, including, but not limited to, circumstances below:
- system downtime during maintenance as announced by the Party or its affiliate;
- communication errors as a result of telecom equipment or network failures;
- typhoon, earthquake, tsunami, flood, power failure, war, terrorist attacks and other force majeure factors;
- hacker attacks, computer virus intrusion or attack, the telecommunications sector technology adjustment or technical failure, website upgrade, bank issues, a temporary close due to government regulation, which may cause the network and services interruption or delay;
- losses / abnormal transactions due to technical problems or error that could not have been reasonably predicted, foreseen or resolved by the then technical forces and knowledge of the industry; or
- damages to Users or other third parties caused by third party faults or delays.
Abnormal Service Level: While using the Services, you agree and acknowledge the possibility of discontinuity and disruption of the Service due to connectivity problems of telecommunications or electronic networks or other force majeure. Users are required to provide the Party with accurate, complete and up-to-date information. The Party does not assume any responsibility of any losses caused by any inaccurate, incomplete or outdated information provided by the Users.
Account Security: Staff of the Party shall not ask for any password (or similar) from Users. The Party shall not ask Users to transmit any funds or digital assets to any bank accounts or addresses. All discount or promotion related information on this Site are for reference only. You are required to verify them with us or with the relevant product and service providers, as applicable. They may be subject to separate terms that you must read and understand before making any decision. Please do not trust any discount or promotion related information not published on this Site. The Party shall not be responsible for any losses caused by transmitting funds or digital assets to bank accounts or digital asset addresses or your reliance on any discount or promotion related information. Please see Section 4 for more information.
Third Party Transfers: The Party may transfer any rights or obligations under these Terms to a third party; the Party may also transfer part or all of the Services under these Terms to a third party to operate or fulfill after our unilateral notice. The specific transferee is subjected to the Party’s notice.
User Information: The Party has the right to know the real transaction background and purpose of the Users who use the Services. Users must provide real, comprehensive, up-to-date and accurate information required by the Party; if the Party has reasonable grounds to suspect that the User has provided false information (including trading information), the Party is entitled to restrict or suspend the User from the use of some or all the Services temporarily or permanently.
- ELIGIBILITY AND PROHIBITION OF USING OUR SERVICES
The Services are intended solely for users who are 18 or older. By accessing or using our Service, you represent and warrant that you are at least 18 years of age and have not previously been suspended or removed from the Site or Service. 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, not a resident from the Restricted Territories (as defined below), nor restricted or prohibited from engaging in any type of trading platforms by any law enforcement agencies. Also, the Party may not make all of the Service available in all markets and jurisdictions, and may restrict or prohibit use of all or a portion of the Service from certain countries/regions/territories (the “Restricted Territories”), which at this time include Cuba, Iran, North Korea, Crimea, Sudan, Syria, Malaysia, Bangladesh, Bolivia, Ecuador and Kyrgyzstan due to compliance or regulatory requirements.
You further represent and warrant that you will not use the Site or any Service to conceal or disguise the origin or nature of proceeds of crime or terrorist financing, to further any breach of applicable laws and regulations, including anti-money laundering (“AML”), counter terrorist financing (“CTF”), sanction, prevention of financial crime laws and regulations, or any other illegal activities.
The content of these 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 Service. Additionally, if you are registering to use the Service on behalf of a legal entity (corporate customers), you represent and warrant that such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; the use of our Service by the legal entity is legal and does not breach the applicable laws of the jurisdiction of its organization; and you are duly authorized by such legal entity to act on its behalf.
- RISK DISCLOSURE
3.1 Technology Risk: Conducting activities through the use of blockchain and other technologies involves significant risk and can result in substantial losses. You should therefore carefully consider whether engaging in such activities if permitted/enabled is suitable for you in light of your financial condition and understanding of the relevant activity and any assets and technologies involved.
You should exercise prudence in conducting any technology-based activities, including (without limitation) entering into any transactions involving blockchain and/or using any smart contract solutions.
3.2 User Responsibilities: The User shall bear any loss as a result of his/her own actions or omissions relating to the use of Services, including but not limited to:
- “Fat finger” input or instructions errors, including price or quantity errors. All instructions sent via the Services will be routed to the relevant product and service provider OKLink takes no responsibility, express or implied, for verifying any instruction;
- Mis-timing or mis-submission of instructions;
- Forgetting or leaking your password;
- Computer or network issues, including any hacks or virus related issues;
- Third parties accessing and using your account for any reason.
3.3 Internet Transmission Risk: You acknowledge that the Party shall not be responsible for any communication failures, disruptions, errors, distortions, or delays (in each case whether or not such event can be controlled or is caused by a Party) you may experience when using the Site, howsoever caused. Also, there are risks associated with the use of Services including, but not limited to, the failure of hardware, software, and Internet connections (in each case whether or not such event can be controlled or is caused by a Party).
- YOUR OKLINK ACCOUNT
4.1 Account Registration and Identity Verification: In order to use any of the Services, you must first register by providing your email or mobile phone number, full name and other personal information and identification documents to verify your identity (all such personal information and identification documents for know your client purposes shall be referred to as “KYC Documents”), along with affirming these Terms. All relevant information you provide via the Site will be routed to any applicable third party product and service providers so that they may perform their AML, CTF and sanctions checks. You agree to provide us accurate, authentic, complete and up-to-date information we request at registration and on an ongoing basis for the purposes of identity verification and the detection and prevention 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 and other KYC Documents. If any such information changes, you undertake to update the Party on such information as soon as possible. You hereby give irrevocable consent to the Party that the Party shall use, store, process and transfer your KYC Documents to the Party’s affiliates and third party solution providers, the relevant third party product and service providers and their respective affiliates and third party solution providers for the purpose of compliance with AML, CTF and sanction requirements, prevention of financial crime laws and regulations and any other illegal activities.
4.2 Protecting Your Account: You agree to not enable any other person to use or direct your account, and to update the Party of any information change or if your account has been compromised. You are responsible for keeping, protecting and safeguarding any keys, certificates, passwords, access codes, user IDs or other credentials and login information (collectively "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 the Party immediately of any unauthorized use of your Passwords. The Party will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your Passwords. Due to the Party’s nature of being an online platform, and to avoid potential security risks, you agree that the login password, administration password and any other passwords shall not be set as the same. Relevant responsibilities shall be borne by the Users. You must complete all required registration to become a user of the Site. During the registration the User will be asked to set up a username (either email address or phone number) and a password. Upon registration, you are 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 unique username.
4.3 Password Recovery: Users who lose any of their Passwords can reset it after being verified through their registered email addresses or phone numbers. You shall immediately report to the Party if any actual and suspect unauthorized operations or security breaches are found.
4.4 Account Closure: You may close your account at any time. Closing an account will not affect any rights and obligations incurred prior to the date of account closure. You will not be able to use any Services once you close your account. Outstanding requests will be handled subject to the terms or conditions prescribed by the relevant product and service providers. 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) which may result from the closing of your account. You are responsible for reimbursing the Party for any costs incurred in connection with or arising from closing of your account. You may not close any of your accounts to avoid paying any fees otherwise due.
4.5 Account Suspension and Investigation: You agree and acknowledge that the Party has the right at any moment without prior notice to suspend your account and any account for which you are a representative or authorized signatory, etc. Also, you agree that the Party can, without giving prior notice and suspend your access to the Site until a decision has been made, if we suspect, in our sole discretion, any circumstance is applicable to any such accounts or any relevant User:
- Violation of any of these Terms;
- Violation of any applicable laws or regulations;
- Violation of any AML Program;
- Regulatory authority requirement, court order, valid subpoena;
- The account or its User is, or is related to any account or persons that is, subject to any pending litigation, investigation, or governmental proceeding;
- The relevant product and service provider instructs OKLink that the account has a balance that needs to be reconciled for any reason;
- If the Party reasonably suspects that an unauthorized person is attempting to gain access to your account;
- If the Party reasonably suspects that you are using your credentials or other account information in an unauthorized or inappropriate manner;
- The account has not been accessed in over one year;
You agree and acknowledge that the Party has the right to immediately investigate your account and any related account, if we suspect, in our sole discretion, that any such account has committed a conduct violation. The Party may provide any investigation results or other information to the relevant product and service providers without giving you notice.
4.6 Account Termination: You agree and acknowledge that we have the right to terminate any account at any time and for any reason. You may not use any Service after the termination of your account. You further agree and understand that we have the right to take any and all necessary and appropriate actions pursuant to these Terms and/or applicable laws and regulations. If your account is terminated, you remain liable to us for any fees we are entitled pursuant to these Terms, any cost or damages we incurred for providing the Services, or any discounts or rebates we have provided (subject to the terms governing such discounts or rebates). For the avoidance of doubt, the Party does not at any time hold or transfer any fiat currency.
- USER’S RIGHT AND LIMITATIONS TO USE
We grant you a limited, nonexclusive, nontransferable permit, subject to these Terms, to access and use the Site and Service, solely for approved purposes as permitted by the Party. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Party’s source code or similar proprietary or confidential data or other similar information, without our prior express written consent.
You may not use the Site for any unlawful purpose.
You agree that:
- All rights, title and interest in the Service and associated software, website and technology, including all intellectual property rights therein, are and shall remain with the Party;
- No right or interest in the Service is conveyed other than the limited licenses granted herein;
- The Service is protected by the copyright and other intellectual property laws;
- All rights not expressly granted in these Terms are reserved.
The Party has the right to restrict, suspend or terminate Services, and to provide any information relating to any account or any User according to the requirements of any applicable judicial organizations, administrative organizations and military organizations, including but not limited to public security organizations, prosecutorial organizations, courts, customs, tax authorities and so on.
- USER OBLIGATIONS
6.1 Each User shall only open, maintain, operate and trade with one account. Unless otherwise approved by the Party, Users shall not register multiple accounts for any purpose.
6.2 Users may not use another User’s accounts.
6.3 Users are prohibited in any form from utilizing the Site to engage in illegal activities. Without the prior authorization or permission of the Party, Users 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.
6.4 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 the Party therefore suffered losses, the Party has the right to recover from the User via legal actions or other means.
6.5 If a User violates any obligation above, the Party has the right to take all necessary measures directly without prior notice to the User, including but not limited to deleting the content posted by the User, cancelling the User star rating and honor, restricting, suspending or terminating the user’s account and the Services.
7.1 The Party has the right to set user service charges according to the appropriate rules. The Party also has the right to formulate and adjust the service fee, and set specific service charges to the User to use the Services.
7.2 Unless otherwise stated or agreed upon, the User agrees that the Party may request the relevant product and service provider to pay any fees or charges owed by you to us on your behalf from the assets in the account you maintain with the product and service provider.
7.3 The current fees information shall be made available to the User from time to time in a medium determined by the Party in its sole discretion.
7.4 At the Party’s sole discretion, regional, or country specific pricing may vary based on User’s residence, location, or nationality.
7.5 If you fail to pay in full or on time, the Party reserves the right to restrict, suspend or terminate all or any part of your account or the Services without prior notice.
- CHANGE, INTERRUPTION, TERMINATION, AND DISCONTINUANCE OF SERVICES
8.1 Service Change and Interruption: The Party may change the Service and/or may also restrict, suspend or terminate the service at anytime with or without prior notice.
8.2 Service Discontinuance and Termination: The Party reserves the right, in their 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, or inconsistent with the information at the time of registration and you have failed to provide reasonable proof (you are hereby reminded that according to the laws or regulations you should submit true, accurate, complete and up-to-date information);
- If you violate the relevant laws and regulations or these Terms;
- If required by any provisions of the laws and regulations, as well as the requirements of relevant government authorities;
- For security reasons or other necessary circumstances.
- 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 Service, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Additionally, you agree to comply with all relevant laws and regulations. Regarding the prevention of terrorist financing, anti-money laundering and prevention of financial crimes, the Party will work with local authorities. When using our Service, you represent and warrant that all your actions are, at all times, in a legal and proper manner and your sources of digital assets and fiat currency relating to the use of the account or the services are not from illegal activities. The PartY may discretionarily or in coordination with local law enforcement authorities and/or affiliates of the PartY restrict, Suspend or terminate your account, if the PartY suspectS you are in breach of these Terms, particularly breaching any part of this clause (e.g. money laundering). The PartY and ITS affiliates shall not be liable whatsoever for any direct and indirect loss you may suffer resulting from any action taken by the PartY and/or ITS affiliates under this clause. You further agree to indemnify and hold harmless the partY and ITS affiliates from and against all losses suffered by the partY and/or ITS affiliates resulting from any action taken by the PartY and/or ITS affiliates under this clause.
You shall indemnify the Party and our agents (if any), employees, officers, directors, affiliates, subsidiaries and successors, and hold them harmless from and against all third-party claims except those resulting solely from the Party’s breach of these Terms. If you are obligated to indemnify us, the Party will have the right, in their sole discretion, to control any action or proceeding and determine whether we wish to settle it.
12.1 Network Service Provider: The Party, as a technology service provider that provides access to "network service providers", does not guarantee the information and services provided in this the Site can fully meet the needs of Users. The Party shall not be liable for errors, insults, defamation, nonfeasance, obscenity, pornography, or blasphemy that may occur during the use of the Party’s web service.
12.2 Service Interruption: Based on the special nature of the Internet, the Party does not guarantee that the Service will not be interrupted; the timeliness and security of the Services are also not guaranteed, and the Party does not bear the responsibility which is not caused by the Party.
12.3 Safety of the Network: The Party tries to provide a safety network environment to the Users; however, the Party does 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 eliminate any virus in the files downloaded from the Site.
12.4 User Information: The Party is not responsible for the failure of preservation, modification, deletion or storage of the information provided by the User. Nor will the Party be liable for the typographical errors, negligence, etc. not intentionally caused by the Party. The Party has 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 the Party has expressly agreed in writing, the Party shall not guarantee the accuracy, completeness, reliability of any content, including, but not limited to, advertising in any manner (including but not limited to, containing, connecting, by way of, or downloading) from the Site; the Party is not responsible for any third party products or services, services, information or materials purchased or obtained by the User according to the content information on this Site. The User bears the risk of using the content of this Site.
12.6 User Opinion: The user comments published by Users of the Site, are only made 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, the Party shall, determine in its sole discretion, deliver these notices through one or more than one of the following channels: a formal page announcement, station letter, e-mail, customer service phone call, SMS or regular mail delivery. The Party does 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: The Party has the right to adjust any fees or charges, or terminate any promotional efforts or discount early.
- APPLICABLE LAW AND VENUE
These Terms and your use of the Services will be governed by and construed in accordance with the laws and regulations of Hong Kong. You agree that any action at law pursued by you and arising out of or relating to these Terms not subject to arbitration (as set forth below) will be filed only in the courts where the Party is located and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such court over any suit, action or proceeding arising out of these Terms.
You and the Party agree to arbitrate any dispute arising from these Terms or relating to the Service, except that you and the Party are not required to arbitrate any dispute in which either party seeks other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. You and the Party agree that you will notify each other of any dispute within 30 days of when it arises, that you will attempt informal resolution prior to any demand for arbitration and that arbitration will be conducted confidentially by a single arbitrator. You and the Party also agree that the courts where the Party is located have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. In any arbitration, the Party and you will not seek discovery from each other, and the arbitrator shall not allow the Party and you to engage in discovery; rather, each party shall disclose the evidence supporting their positions at some mutually agreeable time and date prior to the final hearing. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Neither you nor the Party will participate in a class action or class-wide arbitration for any claims covered by these Terms. You also agree not to participate in claims brought in by a private attorney general or representative capacity, or consolidated claims involving another person, if the Party or an affiliate of the Party is a party to the proceeding. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then that language shall be deemed to have been dropped from these Terms and the remaining obligations relating to arbitration shall continue in full force and effect.
- SEPARABILITY, COMPLAINTS AND MISCELLANEOUS
15.1 Separability: If any provision of these Terms 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 relating to the Services, please contact our Customer Service at USDK@oklink.com. 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 the Party which is different from, inconsistent with, or in addition to the terms and conditions set forth herein will be binding upon the Party. You represent and warrant that all information disclosed to the Party in connection with these Terms are true, accurate, and complete.