Customer Agreement
Customer Agreement
[Customer Agreement Updates] Last Updated: 2022-12-05 (UTC+8)
This agreement is made between you (hereinafter referred to as “you” or “your”) and Oxichange. By accessing, using, or clicking “I agree” on any of the services provided by Oxichange or its affiliates through the website (https://www.oxichange.com), our mobile applications, or any other related services provided by Oxichange or its affiliates, which are fully described in Section 4 below (hereinafter referred to as “Services” or collectively as “Services”), you agree that you have read, understood, and accepted all the terms and conditions contained in this agreement (hereinafter referred to as “Terms”). You also accept all risk warnings, disclaimers, and privacy policies that may be published and made available by Oxichange from time to time. In addition, when using certain features of these services, you must also comply with additional terms and conditions that apply to those features.
Please read these Terms carefully as they govern your use of the Services. These Terms include important provisions, including an arbitration clause that compels all claims to be resolved through mandatory arbitration. The terms related to the arbitration clause are stated in Section 15 below, titled “Dispute Resolution: Court, Arbitration, Class Action Waiver.”
Like any other asset, the value of cryptocurrencies can increase or decrease, and there is a significant risk that you may lose your money in purchasing, selling, holding, or investing in cryptocurrencies. By using the Services, you confirm and agree that:
- You are aware of the risks associated with conducting cryptocurrency transactions;
- You assume all risks related to the use of the Services and trading in cryptocurrencies; and
- Oxichange is not responsible or liable for any of these risks or negative outcomes.
By accessing, using, or attempting to use the Services in any capacity, you acknowledge that you have accepted these Terms and agree to abide by them. If you do not agree, do not access or use the Services.
- Terms of the Agreement
Oxichange reserves the right to change or amend these Terms at any time at its sole discretion. Oxichange will provide notice of these changes by updating the amended Terms on the webpage and changing the “[Last Updated:]” date on this page. Any changes or amendments to these Terms will take effect immediately upon announcement on the website or delivery to users. Therefore, your continued use of the Oxichange Services signifies your acceptance of the amended Terms and conditions. If you do not agree with any changes to these Terms, you must cease using the Services. Oxichange encourages you to regularly review the Terms to ensure that you are aware of the conditions governing your access to the Services. - Terms of Use
By registering to use an Oxichange account (as defined in Section 5 below), you represent and warrant that (a) you are at least 18 years old or the legal age necessary to enter into a binding contract under applicable laws, (b) you are an individual, legal entity, or other organization with full legal capacity and the necessary authority to enter into these Terms, (c) you have not previously been suspended or removed from using our Services, and (d) you currently do not have an account with Oxichange. (e) You are not a citizen or user of the United States or Canada. If you are entering into these Terms on behalf of a legal entity for which you are an employee or representative, you represent that you have all rights and authority necessary to bind such legal entity to these Terms. - Prohibition of Use
By accessing and using the Services, you represent and warrant that (a) you are not listed on any trade or economic sanctions list, including the UN Security Council sanctions list, as a “Specially Designated National” by OFAC (Office of Foreign Assets Control of the U.S. Department of Treasury) or on the U.S. Department of Commerce “Denied Persons” list, and (b) you are not a resident or passport holder of any countries listed in the “Restricted Territories” in our disclaimers. Oxichange reserves the right to select its markets and jurisdictions for operation and may limit or prohibit Services in accordance with its list of restricted territories at its sole discretion.
Service Descriptions
Trading Services: Oxichange provides an online platform for trading digital assets (crypto-to-crypto), including cryptocurrencies, digital tokens, or other cryptocurrency (collectively referred to as “digital currency”). Oxichange does not provide fiat currency trading facilities as part of its Services. Oxichange acts as a trading platform provider and does not act as a buyer or seller in trades conducted between traders. Users must register and create an account with Oxichange and deposit digital assets before starting to trade. Traders may request to withdraw their digital assets, subject to the limitations set forth in these Terms.
Community Services: Oxichange offers you community communication services. You can follow your favorite users, express your views and comments in the community, and participate in interactions such as liking. Oxichange strives to maintain the accuracy of the information published in the Services; however, it cannot and does not guarantee that the information provided through the Services is accurate, appropriate, reliable, complete, functional, or suitable for any purpose and shall not be liable for any loss or damage that may arise directly or indirectly from your use of such content. Information available in the Services may change without prior notice and is primarily aimed at helping users make independent decisions. Oxichange does not provide investment advice or any other advisory services and shall have no liability for your use or interpretation of the information published in the Services or other communication channels. All users of the Services must understand that trading in digital currencies involves risks. Oxichange encourages all users to act cautiously and trade within their means.
Creating and Account Requirements on Oxichange
5.1 Creating an Account
All users of the Services (each referred to as a “User”) must create an Oxichange account (an “Account”) at (https://oxichange.com/auth/user/register) before using the Services. To create an account, you must provide your real name, email address, and password, and agree to the Terms of Use, Privacy Policy, and consent form. Oxichange may, at its sole discretion, refuse to create an account for you. You agree to provide complete and accurate information when creating an account and agree to update any changes promptly to keep your information complete and accurate at all times. Each account created is for a single user, and each user (including users that are legal or business entities) may only have one active account on Oxichange.
5.2 User Identity Verification
By creating an account on Oxichange, you agree to share the personal information requested for identity verification. This information is used primarily to identify money laundering, terrorism financing, fraud, and other financial crimes on the Oxichange platform. We will collect, use, and share this information in accordance with the published Privacy Policy. In addition to providing this information, to facilitate compliance with global industry data retention standards, you agree to allow us to keep a record of such information for the duration of your account’s lifetime plus five years after account closure. You also allow us to conduct any necessary investigations through ourselves or third parties to verify your identity or to protect you and/or us against financial crimes such as fraud.
The identity information we may request includes but is not limited to: name, email address, contact information, phone number, username, government-issued ID, date of birth, and any other information collected at the time of account creation. By providing this information, you confirm that it is accurate and valid and that the documents represent the primary country of your physical residence. In this regard, Oxichange reserves the right to reject your application if you provide documents that indicate the use of a type of digital residency and/or virtual identification from any country that issues such residency and/or identification. Oxichange also reserves the right to keep the list of these countries confidential and to change or amend it at its discretion without requiring consent or approval from any third parties and without being obliged to disclose this list to any person, applicant, or user unless legally required.
5.3 Account Usage Requirements
Accounts may only be used by the person whose name is registered on the account. Oxichange reserves the right to suspend, block, or terminate accounts that are used by individuals other than the registered name holder. You must immediately inform Oxichange if you suspect or become aware of any misuse or unauthorized use of your username and password. Oxichange shall not be liable for any loss or damage arising from your account being used by yourself or a third party (with or without your consent).
5.4 Account Security
Oxichange strives to maintain the security of user funds deposited with it and has implemented standard industry safeguards for its Services. However, some risks arise from user actions. You agree to treat your access information, such as your username and password, as confidential information and not to share it with any third party. You also agree that you are solely responsible for taking the necessary security measures to protect your account and personal information.
You are solely responsible for maintaining the security of your account and password on Oxichange and for all activities conducted under your account. Oxichange shall not be responsible for any losses or consequences arising from the authorized or unauthorized use of your account information, including disclosure of information, submission of information, acceptance or signing of various agreements by clicking on the site, renewing online agreements, etc.
By creating an account, you agree to the following:
(i) You will immediately notify Oxichange if you become aware of any unauthorized use of your account or any other breach of security.
(ii) You will not be liable for any damages or losses caused by such unauthorized use of your account.
(iii) You will not attempt to impersonate any other individual or legal entity.
iv) Revenue derived from impersonation will be considered illegal income. Oxichange assumes no responsibility for any damages resulting from it.
6. Service Usage Guidelines
6.1 License
Subject to continuous compliance with the express terms and conditions of this agreement, Oxichange grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-assignable license to access and use the services on your internet-connected computer or device for your personal and internal use. You are not authorized to use the services for resale or commercial purposes, including conducting transactions on behalf of another person or entity. Any such use is expressly prohibited and considered a material violation of these terms. The layout, formatting, and content features, and access to the services are exclusively determined by Oxichange. All rights not expressly granted under these terms are reserved. Consequently, you are prohibited from using the services in any way not explicitly and clearly authorized by these terms.
These terms provide only a limited license to access and use the services. Accordingly, you agree that Oxichange does not transfer any ownership, intellectual property rights, or titles related to the services or any intellectual property owned by Oxichange to you or any other person. All text, graphics, user interfaces, visual interfaces, photos, sounds, artwork, computer code (including HTML code), programs, software, products, information, and documentation, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content available or provided through the services, are exclusively owned by Oxichange or its members, parent companies, licensors, or affiliates.
Oxichange owns any feedback, suggestions, ideas, or other information or materials submitted by you in relation to Oxichange or the services, whether through email, the services, or any other method (“Feedback”). You assign all rights, titles, and interests in and to the Feedback, including all related intellectual property rights, to Oxichange. You acknowledge that you have no right to claim any reward or compensation for any Feedback or modifications made based on it, and you accept this right.
6.2 Restrictions
When using the services, you agree that: All activities you perform while using the services will comply with the requirements of applicable laws, regulations, and Oxichange’s various guidelines. Your use of the services must not violate public interest, public morality, or the legitimate interests of others, including actions that disrupt, negatively impact, or limit other users’ ability to use the services. You agree not to use the services to engage in market manipulation, fraudulent transactions, misuse of unpublished information, or any activity that, at Oxichange’s discretion, is deemed to constitute unfair transactions (such as pump-and-dump schemes, wash trades, self-dealing, insider trading, or front-running transactions), whether or not prohibited by law.
Commercial use of Oxichange’s data without written consent from Oxichange is prohibited, including:
- Exchange services that use Oxichange’s pricing or order book data.
- Data feed or streaming services utilizing any Oxichange market data.
- Any website/app/service that monetizes market data obtained from Oxichange commercially (including via ads or referral fees).
You may not, without prior written approval from Oxichange, modify, reproduce, duplicate, copy, download, store, transmit, republish, transfer, remove or alter any proprietary notices or labels, license, sublicense, sell, mirror, frame, lease, rent, create a security interest, create derivative works from, or exploit any property or any part of the property. You are prohibited from:
(i) Using any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process to access, acquire, copy, or monitor any portion of the properties, or in any way reproduce or circumvent the navigation structure or presentation of the services to obtain or attempt to obtain any materials, documents, or information through means not purposely made available through the services.
(ii) Attempting to gain unauthorized access to any portion or feature of the properties or any systems or networks connected to the services or to any Oxichange server, or to any of the services offered through the services, by hacking, password mining, or any other illegitimate means.
(iii) Probing, scanning, or testing the vulnerability of the services or any network connected to the properties or breaching security or authentication measures on the services or any network connected to the services.
(iv) Reverse-engineering, tracing, or attempting to trace any information regarding any other user or visitor of the services.
(v) Taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the services, Oxichange’s systems, or networks, or any systems or networks connected to the services.
(vi) Using any device, software, or routine to interfere with the proper functioning of the services or any transaction conducted on the services or with the use of the services by any other person.
(vii) Forging headers, impersonating individuals, or manipulating identifiers in such a way that conceals your identity or the origin of any message sent to the services.
(viii) Using the services for any unlawful purpose.
By accessing the services, you agree that Oxichange has the right to investigate any violation of these terms, unilaterally determine whether you have violated these terms, and take actions to enforce applicable regulations without your consent or prior notice. Examples of such actions include but are not limited to:
(i) Blocking, closing, and/or canceling the relevant orders, whether executed or not (including open or closed orders).
(ii) Blocking your account.
(iii) Reporting the incident to authorities.
(iv) Publishing alleged violations and the actions taken.
(v) Removing any information you posted that is in violation.
(vi) Suspending or terminating services.
(vii) Seeking compensation for any damages caused to Oxichange.
7. Orders and Service Fees
7.1 Orders
Once you submit an order to execute a trade using the services (an “Order”), your account will be updated to reflect your open order, and your order will be placed in Oxichange’s order book for matching with orders from other users. If all or part of your order is matched with another user’s order, the trading services will execute a transaction (a “Trade”). Following the execution of a trade, your account will be updated to reflect that the order has been closed due to full execution or updated to display any partial fulfillment of the order. Orders will remain open until fully executed or canceled. For the purposes of executing a trade, you authorize Oxichange to temporarily take control of the digital currency involved in your transaction for transfer purposes.
7.2 Cancellations
You may only cancel an order submitted via the services if such cancellation occurs before your order is matched with another order. Once your order has been matched with another order, you may not change, withdraw, or cancel your authorization for Oxichange to complete the order. If any order has been partially matched, you may cancel the unmatched portion unless the unmatched portion is matched with another order. Oxichange reserves the right to refuse any cancellation request for an order after it has been submitted by you. If you do not have sufficient digital currency in your account to fulfill an order, Oxichange may cancel the entire order or fulfill a portion of the order that can be covered by the available digital currency in your account (in either case, after deducting any fees payable to Oxichange in connection with the trade as explained in section 7.3 below).
7.3 Fees
You agree to pay the fees set by Oxichange, and any updated fees will apply retroactively to any trades or other transactions conducted after the effective date of such updated fees. You authorize Oxichange to deduct any amounts from your account to cover any fees payable under these terms. If your account does not contain sufficient funds to cover fees payable to Oxichange under this section, you agree to immediately fund your account (and in any event, no later than three (3) business days after such fees become due) to allow Oxichange to deduct the appropriate fees. Failure to do so will give Oxichange the right, at its sole discretion, to suspend, close, or cancel your account and treat unpaid fees as a debt recoverable from you, utilizing any legal means available to recover such amounts. Any interest on unpaid fees and any costs and charges arising from recovery actions will be your full responsibility and must be paid to Oxichange under the principle of indemnification.
- Futures Trading
8.1 Risks
Futures trading is highly risky. As a futures trader, you acknowledge and agree that you access and use the margin trading and borrowing services at your own risk: Trading markets are extremely volatile and rapidly change in terms of liquidity, market depth, and trading dynamics. The use of leverage can work against you as well as for you, potentially leading to large losses as well as large gains. In certain market conditions, you may find it difficult or impossible to liquidate a position. This may happen, for example, when there is insufficient liquidity in the market or due to technical difficulties with Oxichange. Placing conditional orders does not necessarily limit your losses to the desired amounts, as market conditions may make it impossible to execute such orders. There are no guaranteed safeguards to prevent losses in futures trading. As a borrower, you may incur total losses beyond what you have deposited in your contract account.
8.2 Entering into Futures Trades
• You represent and warrant that you are neither from the United States nor listed on any sanction or economic lists, such as being designated as a “Specially Designated National” by OFAC (the U.S. Department of the Treasury’s Office of Foreign Assets Control). • You must fully understand the risks associated with futures trading and borrowing, and you are solely responsible and accountable for any trading and non-trading activities in your Oxichange account. Avoid entering into trades or investing funds that are beyond your financial capacity. • You are solely responsible for knowing the actual status of any position, even if incorrectly provided by Oxichange at any time. • You agree to maintain sufficient amounts of blockchain assets in your Oxichange futures account that are required by Oxichange for users to engage in futures trading and fully repay your loans on time. Failure to maintain sufficient assets or to repay overdue loans on time may result in forced liquidation of assets in your futures account. • Oxichange cannot guarantee to stop losses, even with the ability to force liquidate any of your positions. If your assets are insufficient to cover overdue loans after the liquidation of your positions, you will still be responsible for any additional asset shortage. • Oxichange may, at its discretion, take actions to reduce your potential losses on your behalf, including but not limited to transferring balances from your contract account to your exchange account and/or from your exchange account to your futures account. • During Oxichange system maintenance, you agree that you are solely responsible and liable for managing your futures account under risk exposure, including but not limited to maintaining or closing positions and repaying your loan. • You agree to conduct all trading, futures trading, and/or borrowing on your account and take full responsibility for your activities. Oxichange is not responsible for any losses or damages resulting from your use of any services or your failure to understand the risks associated with the use of assets generally or your use of our services. • You are aware that upon liquidation, all open orders will be promptly canceled. You may lose all positions and all funds in your contract account. If Oxichange fails to close all positions upon liquidation, the insurance fund and/or counterparty liquidation will be triggered. Oxichange will make every effort to prevent counterparty liquidation to minimize the potential impact of any such liquidation. Unfortunately, due to the volatility in crypto markets and the high leverage offered to clients, it is not possible to completely avoid this possibility. To provide customers with the best possible experience, Oxichange strives to minimize counterparty liquidations. • Due to network delays, system failures, and other force majeure events, which may lead to delays, suspensions, or deviations in the execution of Oxichange services, Oxichange.com will make commercially reasonable efforts to ensure the stable and effective execution of Oxichange’s service system but does not guarantee this. Oxichange.com is not liable for any failure in the final execution to match your expectations due to the above factors.
8.3 Prohibited Trading Issues
The use of multiple accounts and devices for illegal arbitrage (including but not limited to obtaining transaction fees, commissions, bonuses, hedging, etc.) is prohibited for users. The platform will take actions against users identified in an illegal arbitrage system. Actions include but are not limited to account restrictions, asset blocking, account login restrictions, KYC requests, and more. To ensure a normal trading experience for regular users, the platform reserves the right to take the following actions against users identified by the system who engage in ultra-short-term trading (ultra-short-term trading includes frequently opening and closing positions): • Immediately terminate your account and your access to services. • Void all trades involving ultra-short-term activity (i.e., process trades as if they never occurred). • Close all trades involving ultra-short-term activity based on our current market price. • Increase your position time (i.e., you can only close a position after a certain period). Oxichange strictly prohibits unfair trading practices. If you engage in the following behaviors on Oxichange, Oxichange reserves the right to take any action it deems appropriate regarding your account: • Engaging in price manipulation or any other disruptive market behavior. • Using any vulnerability in these services or other unreasonable means to harm the interests of other users or Oxichange. • Engaging in any other activity that Oxichange deems harmful to the market. Users who register with Oxichange and complete the KYC process and are acting as professional brokers/dealers or employees of such brokers/dealers under relevant laws and regulations in their country are required to notify Oxichange in writing of their status within a maximum of 24 hours. Failure to do so will result in their account(s) being indefinitely blocked or closed, and all assets and trading profits obtained from the user’s activities will be confiscated. Users remain liable for losses caused to Oxichange due to their breach of professional ethics or licensing regulations by continuing to use the account without proper and necessary disclosure. If Oxichange discovers and/or has information that a user has registered one or more accounts on Oxichange using illegal or fraudulent means, including but not limited to providing/submitting fake or forged documents, including any account registered with legitimate documents, Oxichange reserves the absolute right to block or close any primary or duplicate accounts obtained through such fraudulent means, confiscate all assets and trading profits obtained from the user’s activities, and also restrict legitimate accounts from operating for a duration the platform deems appropriate. Oxichange strongly urges users not to break the interface protocol and trade through the program’s API (except for the platform’s public API interface files). Upon discovery, the platform reserves the right to apply the following measures: • Permanently or temporarily ban order submissions. • Void all API trading orders (i.e., treat the trades as if they never occurred). • Close all API trading orders based on our current market prices.
8.4 Community Rules
In order to maintain order in the Oxichange community and better protect the legal rights of Oxichange users, the Oxichange platform has formulated these rules based on existing laws and regulations and taking into account the characteristics of the Oxichange community. The Oxichange platform is responsible for the final interpretation and implementation of these rules.
8.4.1 Basic Rules
The information you post on Oxichange or use Oxichange services must comply with applicable local laws and regulations. You must not create, copy, transmit, or disseminate the following information on Oxichange or when using Oxichange services: • Contrary to the basic principles enshrined in the Constitution. • Endangering national security, disclosing state secrets, or harming national honor and interests. • Spreading rumors, disrupting social order, and undermining social stability. • Disseminating obscene, pornographic, gambling, violence, terror, or encouraging crimes. • Insulting or slandering others and infringing on their legal rights and interests. • Inciting illegal assemblies, associations, marches, demonstrations, and gatherings that disrupt social order. • Acting in the name of illegal civil organizations. • Any other content prohibited by laws or administrative regulations. • Harassing, advertising, spam, or containing any sexual or explicit content. • Spreading rumors, misinformation, or other content involving false information. • Any other content that violates public order and social morality or interferes with the normal operations of the Oxichange platform.
8.4.2 Definition of Non-Compliance
A. Illegal and Unauthorized Conduct
- Sharing Information about Firearms, Ammunition, Controlled Knives, Explosives, and Other Prohibited Items
Users of the Oxichange platform are prohibited from sharing any content related to prohibited items like firearms, ammunition, crossbows, arrows, controlled knives, or explosives. This includes but is not limited to comments, images, videos, and websites associated with the production, assembly, disassembly, trading, or transportation of firearms, ammunition, crossbows, controlled knives, and explosives. - Sharing Information about the Production and Sale of Counterfeit Goods
Users are forbidden from sharing comments, images, videos, or websites related to the production and sale of counterfeit goods, such as fake money, documents, invoices, bank cards, identification cards, student IDs, and so on. - Sharing Pornographic Content
Users are not allowed to post vulgar or pornographic content, including but not limited to comments, images, videos, links, or URLs to pornographic websites, online solicitation, or any other illegal materials on the Oxichange platform. - Sharing Gambling-Related Information
Posting content related to gambling and lotteries is prohibited, including illegal activities such as online gambling, sports betting, horse racing, or any information about gambling casinos. - Sharing Information about Drugs
Users are banned from sharing any content related to the production, trafficking, sale, or use of illegal drugs. - Sharing Content Involving Violence, Bloodshed, Terrorism, and Cults
It is prohibited to post any content related to violence, bloodshed, terrorism, cults, or feudal superstitions on Oxichange. - Posting Politically Sensitive Information or Opposing Political Views
Users must act with reason and restraint when sharing political opinions and must comply with local laws and regulations. Sharing content that insults or undermines national policies, political parties, or national leaders is prohibited. - Posting Content That Undermines National Unity or National Security
Users are prohibited from posting any content that threatens national unity, social stability, national interests, or national security. - Posting Any Other Dangerous Content
B. Personal Attacks
The Oxichange platform strictly forbids personal attacks, the use of abusive language, verbal harassment, or any form of personal insults against users. This includes:
- Posting content that insults, harasses, or attacks other Oxichange users through comments, posts, or private messages.
- Insulting, harassing, or disrespecting other users’ articles, comments, responses, or website links on the platform.
- Inciting or encouraging users to isolate, attack, or harass others.
- Revealing private information or violating others’ legal rights.
- Harassing, defaming, intimidating, or threatening Oxichange users.
- Posting offensive, discriminatory, or hateful content based on race, religion, ethnicity, region, gender, age, sexual orientation, or physical appearance.
- Attacking public figures, company executives, government officials, and others.
- Using vulgar language towards other Oxichange users.
C. Advertising and Marketing Violations
Users are prohibited from posting content that disrupts the user experience or the order of the Oxichange platform, including:
- Repeatedly spamming advertisements, selling products (physical or virtual), offering services, or promoting content.
- Creating fake accounts to spread content that disrupts the platform’s order or to trick users.
- Engaging in deceptive marketing practices that affect user experience, such as reposting unauthorized content with promotional material or spreading misleading marketing content like fake experiences or identities.
- Hosting unauthorized initial coin offerings (ICOs) on Oxichange.
- Posting commercial advertisements, images, texts, QR codes, or links without permission from the platform.
- Buying, selling, transferring, or renting user accounts without approval from Oxichange.
D. Other Violations
- Maliciously using features of Oxichange to disrupt the user experience or threaten platform security, such as creating fake or bot accounts.
- Using Oxichange avatars, nicknames, or profiles to post illegal content.
- Impersonating others by using personal information like avatars or usernames, including impersonating government officials, companies, other users, or Oxichange staff.
- Posting inappropriate or disruptive content repeatedly or in groups.
- Encouraging others to post fake comments, likes, or shares through feeds, comments, or private messages.
- Sharing dangerous content like phishing sites, malware, or unsafe websites.
- Stealing or fraudulently using others’ photos to manipulate comments or likes.
- Using fake accounts or bots to participate in Oxichange events.
- Scraping Oxichange data using crawling bots (contact Oxichange for official data collaboration).
- Posting irrelevant comments or discussions that do not relate to the topic at hand.
- Attacking the Oxichange platform or misleading users in ways that harm Oxichange’s reputation.
Penalties
Content may be restricted or blocked based on violations.
Post Deletion: Posts, articles, and comments that are inappropriate or violate the rules will be deleted.
Avatar, Nickname, Profile Deletion: Offensive avatars, nicknames, and profiles will be compulsorily removed.
Ban: If an account is banned, the account will be unable to perform any actions other than browsing content, including posting, editing or deleting posts, editing user information, and sending private messages and comments.
Account Deletion: If an account is deleted, the user will no longer be able to use that account to log into the oxichange platform.
Repeat Offenders: Generally, users who violate the oxichange community rules will be banned, prohibited, or deleted, depending on the severity of the situation. If the same user violates the rules multiple times, a harsher penalty will be imposed.
Liability
9.1. Disclaimer of Warranties
To the maximum extent permitted under applicable law, oxichange services, materials, and any product, service, or other items provided by or on behalf of oxichange are provided on an “as is” and “as available” basis, and oxichange expressly disclaims all other warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement, or warranties arising from course of performance, course of dealing, or usage in trade. Without limiting the foregoing, oxichange does not represent or warrant that the site, services, or oxichange materials are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. oxichange does not guarantee that any order will be executed, accepted, recorded, or remain open. Except for the express statements set forth in this agreement, you acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to your use and access to the services. Without limiting the foregoing, you acknowledge and agree that oxichange shall not be liable for any loss or damage arising out of or relating to:
(a) any inaccuracy, defect, or omission of cryptocurrency price data,
(b) any error or delay in the transmission of such data,
(c) any interruption in any such data,
(d) any damages incurred due to the actions, omissions, or violations of this agreement by another user.
The disclaimer of implied warranties herein may not apply if prohibited by applicable law in your jurisdiction.
9.2 Disclaimer of Damages and Limitation of Liability
To the maximum extent permitted under applicable law, in no event will oxichange, its affiliates, shareholders, members, directors, officers, employees, attorneys, agents, suppliers, or contractors be liable for any incidental, indirect, special, punitive, consequential, or similar damages whatsoever (including without limitation, damages for loss of data, information, revenue, profits, or any other business or financial benefit) arising out of or related to the services, any performance or non-performance of the services, or any product, service, or other item provided by or on behalf of oxichange or its affiliates, whether under contract, statute, strict liability, or other theory, even if oxichange 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 oxichange’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 oxichange’s liability, its affiliates, shareholders, members, directors, officers, employees, attorneys, agents, suppliers, or contractors related to the services, any performance or non-performance of services, or any product, service, or item provided by or on behalf of oxichange or its affiliates, exceed the amount of fees paid by you to oxichange under this agreement in the twelve months immediately prior to the event giving rise to the claim of liability.
9.3 Indemnification
You agree to defend and indemnify oxichange, its affiliates, contractors, licensors, and their respective directors, officers, employees, and agents against any claims, actions, investigations, demands, lawsuits, costs, damages (including attorneys’ fees, fines, or penalties imposed by any regulatory authority) arising out of or related to:
(i) your use of the services or your conduct in connection with the services,
(ii) your violation or our enforcement of these terms, or
(iii) your violation of any applicable law, regulation, or the rights of any third party during your use of the services.
If you are obligated to indemnify oxichange, its affiliates, contractors, licensors, and their respective directors, officers, employees, or agents, oxichange will have the right, in its sole discretion, to control any action or proceeding and to determine whether oxichange wishes to settle, and if so, on what terms.
Notices
Please note that all official notices, news, promotions, competitions, and airdrops will be listed on the official oxichange website, and all users are encouraged to check it regularly. oxichange will not be responsible or liable for any personal losses arising from ignoring or neglecting such notices.
Termination of the Agreement
You agree that oxichange has the right to immediately suspend your account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the funds in all such accounts, and suspend your access to oxichange if it suspects any such accounts to be in violation of these terms, our privacy policy, or any applicable laws and regulations. You agree that oxichange shall not be liable for any permanent or temporary modification, suspension, or termination of your account or access to all or part of the services. oxichange shall have the right to retain and use the transaction data or other information related to such accounts. The account controls mentioned above may also apply in the following cases:
• The account is subject to a governmental proceeding, criminal investigation, or other pending litigation.
• We detect unusual activity in the account.
• We detect unauthorized access to the account.
• We are required to do so by a court order or a regulatory/governmental authority directive.
In the event of any of the following occurrences, Oxichange reserves the right to immediately terminate this agreement by closing your account and to permanently block (revoke) your account permissions on Oxichange and withdraw the corresponding Oxichange account:
- After Oxichange has terminated services to you.
- You allegedly re-register as an Oxichange user directly or indirectly, using the name of another individual.
- The information you provided is false, inaccurate, outdated, or incomplete.
- When these terms are amended, and you explicitly state and notify Oxichange that you are unwilling to accept the amended terms.
- You request termination of services; or any other condition that Oxichange deems suitable for service termination.
In the event of your account termination, the account and transactional information required for data retention standards will be securely stored for five years. Additionally, if a transaction is unfinished during the account termination process, Oxichange reserves the right to notify your counterparty of the current status. You acknowledge that the account withdrawal by the user (the right to deletion under GDPR or equivalent regulations) is also subject to the termination protocol outlined above.
If Oxichange receives notice that any funds held in your account have been obtained illegally or do not belong to you, Oxichange may (but is not obligated to) apply an administrative freeze on the affected funds and your account. If Oxichange imposes an administrative freeze on some or all of the funds or your account, the freeze may continue until the dispute is resolved and evidence satisfactory to Oxichange of its resolution is provided. Oxichange will not involve itself in any disputes or dispute resolutions. You agree that Oxichange shall not be held liable for any freeze or your inability to withdraw funds or conduct transactions during the period of such freeze.
a. Remaining funds after account termination
Except as stated in clause (b) below, after closing/withdrawing the account, any remaining balance (including any fees and liabilities to Oxichange) must be immediately paid to Oxichange. Upon settling all outstanding fees with Oxichange (if any), the user will have five business days to withdraw their initial deposit (net of any trading losses incurred before account closure, whether reflected in the account balance at the time of closure or not). The user will not be entitled to receive any net trading profits, and such profits will be seized by Oxichange. If the account balance at the time of closure is less than the initial deposit due to, but not limited to, trading losses or prior withdrawals, the user will only be entitled to withdraw the lesser amount available and under no circumstances may claim any balance against Oxichange.
b. Remaining funds after account closure due to fraud, violation of the law, or breach of these terms
Oxichange reserves full control over user funds and data/information, which may be provided to government authorities in cases of account suspension/closure due to investigations related to fraud, legal violations, or breaches of these terms.
No Financial Advice
Oxichange is not your broker, intermediary, agent, or advisor, and has no fiduciary relationship or obligation to you regarding any transaction, decision, or activity conducted by you using the services. No communication or information provided to you by Oxichange will be considered or construed as investment advice, financial advice, trading advice, or any other type of advice. All transactions are executed automatically based on your trading instructions and in accordance with established trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy, or related transaction is suitable for you based on your personal investment objectives, financial circumstances, and risk tolerance. You should consult your legal or tax professional regarding your specific situation. Oxichange does not recommend that you buy, acquire, sell, or hold any cryptocurrency. Before making any decision to buy, sell, or hold any cryptocurrency, you should conduct your own due diligence and consult your financial advisors. Oxichange will not be responsible for your decisions to buy, sell, or hold cryptocurrency based on information provided by Oxichange.
Compliance with Local Laws
Users are responsible for complying with local laws in relation to the legal use of Oxichange in their local jurisdiction. Users must also take into consideration all aspects of tax, deduction, collection, reporting, and remittance to relevant tax authorities as much as possible. All Oxichange users and any of its services acknowledge and declare that their source of funds comes from legal means and is not derived from illegal activities. Oxichange adopts a cooperative stance with global law enforcement authorities and will not hesitate to freeze, block, or terminate accounts and user funds upon lawful request or investigation.
Privacy Policy
Access to services requires the submission of certain personally identifiable information. Please review Oxichange’s privacy policy at https://famag.oxichange.com/privacy-policy/ for a summary of Oxichange‘s practices regarding the collection and use of personally identifiable information.
Dispute Resolution: Court, Arbitration, Waiver of Class Action
Please read this section carefully as it includes a waiver of certain rights to pursue claims in court.
a. Notice of Dispute. First, contact Oxichange! Oxichange wants to address your concerns without needing formal legal action. Before filing a claim, you agree to attempt to resolve the dispute informally by contacting Oxichange through the official website.
b. Agreement to Arbitration. You and Oxichange agree to resolve any claims related to this agreement (including any questions regarding its existence, validity, termination, any services or products provided, and any statements made by us) through final and binding arbitration, except as stated in the exceptions to the arbitration agreement below. You agree to give us the opportunity to resolve any claim first by contacting us as stated in section (a). If we are unable to resolve your claims within 60 days of receiving notice, you may seek relief through arbitration or in small claims court, as detailed below.
c. Arbitration Procedure. Either you or Oxichange may submit a dispute (after good-faith efforts to resolve the dispute in accordance with sections (a) and (b) above) for final and binding resolution by arbitration under the rules of the International Arbitration Center, which is deemed the annexed authority. The arbitration tribunal will consist of a single arbitrator appointed by the head of arbitration. The language of the arbitration proceedings will be English. The award of any arbitration ruling may be enforced in any court that has jurisdiction over the party (or the party’s assets).
d. Exceptions. Either party may choose to bring claims in small claims court (SCT), provided the claims fall within the jurisdiction of the SCT, and either party may request injunctive or other equitable relief in a court of competent jurisdiction. However, to avoid any ambiguity, if the claims fall outside of SCT’s jurisdiction, the claims shall be referred to arbitration by SIAC and resolved definitively.
e. Notice. To initiate arbitration, you must send a letter requesting arbitration and describing your claims to [email protected]. If we initiate arbitration against you, we will send notice to the email or postal address you provided. SIAC rules and filing instructions are available at http://www.siac.org.sg/our-rules or by calling +65 6713 9777.
Miscellaneous
a. Independent Parties. Oxichange is an independent contractor and is not your agent in performing these Terms. These Terms will not be interpreted as evidence of any association, joint venture, partnership, or franchise between the parties.
b. Entire Agreement. These Terms constitute the entire agreement between the parties concerning the use of the services and replace all prior agreements between the parties, whether written or oral. No trade usage or customary practice between the parties will be used to modify, interpret, or supplement the terms of this agreement.
c. Force Majeure. Oxichange will not be responsible for any delay or failure to perform its obligations under these Terms due to causes or circumstances beyond its reasonable control.
d. Severability. If any part of these Terms is found to be unenforceable or invalid, such invalidity or unenforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable part will be enforced to the maximum extent possible.
e. Assignment. You may not assign or transfer any right to use the services or any of your rights or obligations under these Terms without our prior written consent, including by law or in connection with any change of control. Oxichange may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice to or consent from you.
f. Waiver. The failure of either party to enforce any provision will not affect that party’s right to enforce it in the future. Waiving any breach or failure to enforce any provision of these Terms will not be considered a waiver of any subsequent breach or failure or the provision itself.
g. Third-Party Website Disclaimer. Any links to third-party websites from the services do not imply endorsement by Oxichange of any products, services, or information provided therein, and Oxichange does not guarantee the accuracy of the information contained therein. Moreover, since Oxichange has no control over the terms of use or privacy practices of third-party websites, you should carefully review and understand those policies.
h. Contact Information. For more information about Oxichange, you can visit https://famag.oxichange.com/contact/. If you have any questions about this agreement, please contact us via our 24/7 customer support team for clarification.