Terms of Service | OCTOX - One-stop Cryptocurrency Commission Discount & Cashback Platform

OCTOX Terms of Service

Effective [20 09, 2024]

The purpose of these Terms of Service is to set forth the rights, obligations, and responsibilities of Omnivista Consultancy Pte. Ltd. (“OCTOX,” “we,” “us,” “our”) and the User (as defined below) in relation to the use of the referral platform, OCTOX, provided by Company, and all its associated services incidental thereto (collectively referred to as the “Service”). Please carefully read these Terms of Service in its entirety before using the Service, and contact us if you have any questions. By visiting our website (https://www.octox.io) or using the OCTOX application (the “App”) to use the Service, you acknowledge that you have carefully read and understood these Terms, and you enter into a User Agreement (as defined below) to comply with and be bound by the terms and conditions of these Terms of Service. If you do not agree to any of the terms and conditions hereunder, you may not access or use our Service.

1. DEFINITIONS

The terms used in these Terms of Service have the meaning set forth below:

(a) “Partner Exchange” shall mean a virtual asset exchange where the User inputs OCTOX as the referrer when signing up or using the exchange, and OCTOX can verify the transaction fees on the User’s exchange account;

(b) “Member” shall mean a User who has registered and created an account for the Service as a member;

(d) “Cashback” shall mean an earning and paying service, or the amount thereof, that provides the User who signs up to an Partner Exchange by inputting OCTOX as a referral to an Partner Exchange with a certain percentage of the transaction fees incurred on that exchange (the “cashback Rate”) in USDT.

(e) “Reward” shall mean the reward earned and paid in USDT, or the amount thereof, to another Member (referral) when a Member who signs up for the Service by inputting another Member as a referral receives cashback.

(f) “User” shall mean an individual who executes a User Agreement in accordance with these Terms of Service and uses our Service; and

(g) “User Agreement” shall mean the agreement entered into between OCTOX and the User regarding the Terms of Service.

2. EXECUTION OF SERVICE AGREEMENT AND REGISTRATION

2.1. A service agreement is executed upon our approval of the application for membership when a person who intends to become a Member (the “User Applicant”) consents to these Terms of Service and applies for the use of the Service. We will indicate the approval by notification of the possibility of Service usage.

2.2. A person who intends to become a Member (the “Member Applicant”) shall apply for membership by entering his/her email and password, consenting to these Terms of Service, and indicating the intention to become a Member. The Member Applicant shall go through email verification, and the membership registration shall then be completed by our approval of the application by notification of the completion.

2.3. We may refuse to accept or cancel acceptance of an application for the Service usage or membership registration that falls under any of the following subparagraphs and may claim damages from the User Applicant or Member Applicant incurred by us:

(a) where the User Applicant or Member Applicant is not a natural person, legal entity, or other organization with full rights and capacity under the civil law;

(b) where the User Applicant or Member Applicant is under the age of sixteen (16);

(c) where the User Applicant or Member Applicant uses the Service through abnormal or circumventing methods in a country where we do not provide the Service;

(d) where the User Applicant or Member Applicant applies to use the Service with prohibited purposes, including but not limited to, engaging in activities that are illegal under the relevant laws and regulations, undermining the well-being and order of society or public morals, or for any other illegitimate purposes;

(e) where it is suspected that an individual whose service agreement has been terminated by us in accordance with these Terms and Conditions is reapplying for Service usage as User or Member;

(f) where it is suspected that an individual uses another person’s email address or information to apply as a User Applicant or Member Applicant;

(g) where the email address provided by the User Applicant or Member Applicant does not exist, or email verification has not been completed; or

(h) where approval is regarded inappropriate for reasons equivalent to each subparagraph.

2.4. We may withhold acceptance of an application that falls under any of the following subparagraphs until the reasons falling under any of them are resolved:

(a) where our facilities are insufficient, the support of specific mobile devices is challenging, or there are technical difficulties;

(b) where there is a service failure; or

(c) where we determine that it is difficult to accept the Service usage application for reasons equivalent to each subparagraph.

3. EFFECT AND CHANGE OF TERMS OF SERVICE

3.1. The User Agreement shall be executed, and these Terms of Service shall take effect when we post the Terms of Service on the Service web page or App or notify the User by email, and the User indicates agreement thereto. Membership registration is a procedure for utilizing specific services, and whether or not one has registered does not affect the effectiveness of the User Agreement.

3.2. We reserve the right, at our discretion when necessary, to change these Terms of Service to the extent that it does not violate applicable laws and regulations. In the event of a change, we will provide notice of the then-current Terms of Service together with the effective date and reasons for the change by the notification methods as set forth in Section 3.1 from seven (7) days prior to the effective date to the day before the effective date. Provided that, in the case of changes that are disadvantageous to the User or materially affect the rights or obligations of the User, we will make a notification thirty (30) days before the effective date of change by the notification methods as set forth in Section 3.1.

3.3. The User’s failure to explicitly express a refusal to the changes within the specified period despite our notification of the changed terms pursuant to Section 3.2 shall be deemed an agreement to the changes. The User who does not agree to the changes may terminate the User Agreement or cease using the Service within the specified period.

4. PRIVACY POLICY AND OPERATING POLICY

4.1. The protection of personal information of the User processed during the use of the Service shall be governed by relevant laws and regulations and our privacy policy.

4.2. We may separately notify the User of the operating policy if necessary; provided that in the event of a conflict between these Terms of Service and the operating policy, the operating policy shall prevail.

5. MANAGEMENT OF USER INFORMATION AND ACCOUNT INFORMATION

5.1. In case we have reasonable cause to suspect that the information provided by the User during registration or use of the Service is erroneous, inaccurate, outdated, or incomplete, we may request the User to make corrections and may suspend part or all of the provision of the relevant Service; provided that we will not be liable for such request of making correction or suspension and any adverse consequences arising therefrom shall be the responsibility of the User.

5.2. The User shall accurately provide and update their contact information, including email addresses, to ensure effective communication between OCTOX and the User. The User bears full responsibility for any loss or additional costs incurred while using the Services due to our inability to contact the User through the contact methods provided.

5.3. The User is solely responsible for maintaining the confidentiality of its membership account and password and for all activities conducted under the User’s account, including but not limited to information disclosure, information provision, adherence to various rules, online contract renewals, or online clicks for consent or submission required for service utilization. The User agrees to the following:

(a) where the User’s account is used without authorization or the password is compromised, or in any other situation that violates the confidentiality clause, the User shall immediately notify us so that we can take appropriate measures;

(b) the User shall strictly adhere to the security, authentication, transaction, or mechanism or process for submitting withdrawal requests for cashback and Reward on the website/Service.

(d) the User understands that we may require a reasonable amount of time to take action on User requests, and we shall not be liable for any consequences, including but not limited to the User’s damages, that occurred before our action.

6. SERVICE DESCRIPTION

6.1. When the User enters OCTOX’s referral code on the Partner Exchange or signs up through our referral link, we will credit the User with a portion of the profit earned by us (calculated according to the cashback Ratio notified by us) as cashback based on the transaction fees incurred by the User in futures transactions (USDT trading pairs only) performed by the User on the Partner Exchange and shall pay the User’s Partner Exchange account upon request for cashback above a certain amount.

6.2. We may adjust the cashback Ratio for cashback that has not yet been accumulated and may not provide cashback or pay out cashback that has already been accumulated if we are unable to benefit from the Partner Exchange due to reasons beyond our control, such as the bankruptcy of the Partner Exchange.

6.3. If a User inputs another Member as a referral when signing up for the Service, we will pay a certain amount of additional Rewards to such Member-in-referral based on the amount of cashback accumulated by the User who referred the Member-in-referral.

6.4. For cases under Section 6.3, if a Member who joined the Service by entering another Member as a referral loses membership due to withdrawal or termination of the contract by us, the Rewards data resulting from the cashback, which is accumulated to the Member-in-referral due to such Member who loses membership, will be deleted.

6.5. The accumulation and payment of cashback and Rewards can only be made for transactions made up to five (5) years ago, and we may change according to our policy within such a five (5) year period.

6.6. If the conditions for payment of cashback or Rewards pursuant to this Section have not been fulfilled yet the User has been credited with cashback or Rewards, we may cancel the cashback or Rewards without notice and may deduct the amount that has already been withdrawn and paid from the cashbackor Rewards that will be credited later.

6.7. In providing the Service to the User, we do not introduce and arrange the use of a specific exchange, are not authorized to access the User’s exchange account, and do not handle the User’s digital assets.

7. OUR OBLIGATIONS

7.1. We will use our best endeavors to repair or restore without delay if any equipment fails or data is lost or damaged while improving the Service in order to provide a continuous and stable Service unless there are unavoidable reasons such as natural disasters, emergencies, or disorders or defects that we are unable to solve with current technology.

7.2. We will comply in good faith with the obligations set forth in the relevant laws and regulations and these Terms of Service.

8. USER OBLIGATIONS

8.1. The User shall use the Service in good faith and comply with applicable laws and regulations.

8.2. The User shall not engage in any of the following acts:

(a) abusively earn cashback and Rewards through unfair competition or abnormal trading behavior, including but not limited to pump and dump schemes, wash sales, self-trading, front-running, quote stuffing, spoofing, and layering on the Partner Exchanges;

(b) use deep links, web crawlers, bots, spiders, other automatic devices, programs, scripts, algorithms, methods, or manual or automated processes to access, obtain, replicate, or monitor any part of our assets;

(c) replicate or circumvent in any way the structure of the Service or the reproduction of the Service in order to obtain or attempt to obtain any materials, documents or information in a manner not intended by the Service;

(d) attempt, without our authorization, to gain access to any portion or feature of our assets or access to the Service servers, or any other systems or networks comprising the Service, by hacking, password mining, or any other unlawful or prohibited means;

(e) probe, scan, or test the vulnerability of the Service or any network connected to our assets or otherwise violate any security or authentication measures for the Service or any network connected to the Service;

(f) reverse lookup, trace, or otherwise investigate to trace any information about other Users or visitors of the Service;

(g) take any action that imposes an unreasonable or disproportionately large load on the infrastructure or network of the Service or any of our system or any system connected to it;

(h) use any device, software, or routine program to interfere with the proper working of the service, the trading on the Partner Exchanges, or any other person’s use of the Service;

(i) forge headers, impersonate its identity, or otherwise manipulate its identity in order to disguise its identity or the origin of any message or transmission to or from the Service;

(j) use the Service in a manner that impairs the legitimate rights and interests of any other person or in an unlawful manner or violation of fairness and/or community norms.

8.3. The User is solely responsible for its taxable income and all hardware, software, telecommunications, and other costs incurred while using the Service.

9. PROVISION AND USE OF SERVICE

9.1. The provision of the Service shall be twenty-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days a year, unless there are particular business or technical difficulties of OCTOX.

9.2. Notwithstanding Section 9.1, we may suspend all or part of the Service in any of the following cases, where we will notify the reason and period of the suspension in advance on the App’s initial screen or in the Service notification; provided that if there are unavoidable circumstances that cannot be notified in advance, we may notify them afterward:

(a) when necessary for system operation, such as regular system maintenance, server expansion, and replacement, network instability, and the like;

(b) when normal service provision is not possible due to a power outage, failure of service facilities, excessive Service use, maintenance, or inspection of facilities by a facilities-based telecommunications provider, and the like; or

(c) in the event of circumstances beyond our control, such as wars, events, natural disasters, or equivalent national emergencies.

9.3. We provide the Service through websites and Apps. When changing mobile devices or numbers or roaming overseas, all or part of the contents may not be available. In the case of the Service using the network, the User may be required to perform the background operations. We will not be liable for any inability to use the Service or the imposition of additional charges due to such inability.

9.4. The User shall pay attention to the following matters when using the Service:

(a) we strongly recommend that the User check the security of the computer used to use the Service and log in to the Service using the latest version of the Google Chrome browser in accordance with webpage display and safety considerations;

(b) we do not actively encourage the User to trade or invest in virtual assets. Please note that our Service is a service that allows the User who wishes to trade virtual assets independently of the Service to obtain the convenience of trading through the Service. We and our Service have no involvement in the trading and investment of virtual assets by the User and do not provide any guarantee or assume any other responsibility for the trading of virtual assets by the User. The User may encounter various risks when trading virtual assets on the Partner Exchanges, generally as follows, which are unrelated to us and our Service:

i. policy risk: the User of the Partner Exchanges may suffer losses due to amendments to laws or national policies that may affect the normal trading of crypto assets;

ii. compliance risk: the User of the Partner Exchanges may suffer losses if his/her crypto trading violates laws or regulations;

iii. return on investment risk: the cryptocurrency market has unique characteristics. Cryptocurrency prices fluctuate widely, and the User may lose money in the market;

iv. transaction risk: the successful transfer of currency depends on the mutual consent of the transferring parties, and the Partner Exchanges do not promise or guarantee successful transfers;

v. force majeure risk: in the event of natural disasters, wars, strikes, cyber-attacks and other unpredictable, unavoidable and powerful circumstances, the service of the Partner Exchanges may not function normally, which may cause losses to the User. We will not be liable for any losses incurred by the User due to such force majeure;

vi. delisting risk: in the event of bankruptcy, liquidation, and dissolution of the parties involved in the virtual asset project, violation of laws and regulations, or at the request of the project parties, the Partner Exchange may delist the virtual assets, causing losses to the User;

vii. technical risks: the possibility of technical glitches during the trading of crypto assets is unlikely, but the possibility cannot be excluded. If such a thing happens, the User’s interests may be affected;

viii. operational risk: the User may be at risk due to operational errors, such as transfers to the wrong account, violation of operational rules, and the like; or

ix. account freezing risk: In the event of default or criminal suspicion, the User’s account may be frozen or forcibly seized by the judicial authorities.

9.5. We provide the Service to the User based on the current state and availability. We do not make any express or implied warranties about the Service, including, but not limited to, the applicability of the Service for a particular purpose, the absence of errors or omissions, sustainability, accuracy, reliability, or suitability. Further, we make no promises or guarantees about the validity, accuracy, reliability, quality, stability, integrity, and timeliness of the technology and information related to the Service.

9.6. The User shall determine the authenticity, legality, and validity of the relevant virtual assets and/or information at his/her discretion and bear all liabilities and losses arising at the User’s expense. Unless expressly required by law, we are not obligated to pre-review all User data, digital asset information, trading activities, and other transactions-related matters.

10. CHANGE AND DISCONTINUATION OF SERVICE

10.1. We may make changes to the Service upon operational or technical needs for the smooth provision of the Service, and we will notify such content in the Service prior to the changes. Notwithstanding the foregoing, we may notify such changes afterward if it is necessary to make changes such as fixing bugs or errors or urgent updates or if it does not constitute a significant change.

10.2. We may discontinue the Service if it is difficult to continue the Service due to significant business reasons, such as the abolition of the business due to business transfer, division, merger, and the like, the expiration of the contract for content provision, or a significant deterioration in the profit of the Service; provided that we will notify the User the date and reason for discontinuation by the method of Section 3.1 at least thirty (30) days prior to the date of discontinuation.

11. PROVISION OF ADVERTISEMENTS

11.1. We may place advertisements within the Service in connection with its operation and send advertising information only to the User who has agreed to receive it. The Member may refuse to receive such information at any time, and we will no longer send advertising information upon the Member’s refusal.

11.2. We may link to advertisements or services a third party provides through banners or links in the Service.

11.3. When connected to advertisements or services a third party provides pursuant to Section 11.2, the service provided therein is not our service area. Thus, we do not guarantee any reliability, stability, and the like, and accordingly, we will not be liable for any damages caused to the User as a result.

12. INTELLECTUAL PROPERTY RIGHTS

12.1. We are the sole and exclusive owner of all copyright and other intellectual property rights of all contents created by us and all intellectual achievements contained in the Service, including but not limited to website/App logos, databases, website/App designs, texts, and graphics, software, photos, videos, music, sounds and intellectual property rights of software editing, and related source codes and software (including small applications and scripts) belong to us.

12.2. In connection with the Service, we only grant you the right to use the account, ID, information, payment method, and the like, in accordance with the terms and conditions set by us, and you shall not transfer, sell, pledge, or otherwise dispose of them unless permitted by us.

12.3. The User shall not reproduce, transmit, edit, publish, perform, distribute, broadcast, create derivative works from, or otherwise use for commercial purposes any data displayed in the Service without our prior written consent.

12.4. We may use all forms of information posted by the User in the Service free of charge to store, reproduce, modify, publicly transmit, display, distribute, and create derivative works for the purpose of exposure in the Service, utilization to promote the Service, and research to operate, improve, and to develop new services.

12.5. The User shall not infringe the intellectual property rights of others in connection with the use of the Service.

12.6. We may delete or move any postings in the Service posted or registered by the User or refuse to register them without prior notice if we determine that they fall under any of the prohibited acts set forth in each subparagraph of Section 2.3.

12.7. Our granting of permission to a User to use the Service shall in no event be construed as a transfer or disposition by us of any of our intellectual property rights in connection with the Service.

12.8. This Section 12 shall remain in effect while we operate the Service and shall survive the termination of the User Agreement.

13. RESTRICTION OF SERVICE USE

13.1. We may restrict the use of the Service if the User violates the obligations of these Terms of Service or interferes with the normal operation of the Service.

13.2. If we restrict the use of the Service as described in Section 13.1, we will notify the User of the following:

(a) the reason for the restriction of the Service use;

(b) the contents of the restriction of the Service use; and

13.3. If the User wishes to appeal against the restriction of the Service use, the User shall submit an appeal form stating the reasons for the appeal to us in writing, by email, or by equivalent method within fourteen (14) days from the date of receipt of the notice of the restriction.

13.4. We will respond in writing, by email or equivalent method, to the appeal within fourteen (14) days from the date of receipt of the appeal in Section 13.3; provided that if we are unable to respond within this period, we may notify the reason and processing schedule.

13.5. If the reason for the appeal is valid, we will take measures accordingly.

14. TERMINATION

14.1. If the User does not want to use the Service, the User may terminate the User Agreement at any time by expressing their intention to us in writing, via email, or through equivalent means (for Non-Members) or by withdrawing from membership (for Members).

14.2. Upon withdrawal of membership, all Service usage information held by the Member within the Service will be deleted and cannot be recovered unless otherwise specified in the Privacy Policy. The User is prohibited from re-registering using the same email address.

14.3. The User may continue to use the Service as a Non-Member after withdrawal of membership; provided that such User will lose all accumulated Reward upon loss of membership due to withdrawal or termination of agreement by us since Reward is a service offered exclusively to Members.

14.4. We may suspend the use of the Service or terminate the User Agreement if a significant reason makes it impossible to maintain the agreement, such as engaging in acts prohibited under these Terms of Service or violating laws. The significant reason shall include, but not limited to, the cases in each of Sections 2.3 and 7.2.

14.5. In the event of termination of the User Agreement, we will not be obligated to disclose or transfer any information regarding the User’s account or use of the Service, including the User’s personal information, to the User or third parties, except as required by law.

14.6. Termination of the agreement under this Article shall not affect the indemnifications specified in Section 15.

15. INDEMNIFICATION; LIABILITY

15.1. We or the User shall indemnify the other party for damages incurred by the other party in violation of these Terms of Service.

15.2. In the absence of negligence or willfulness, there shall be no liability for damages under Section 15.1; provided that any operation error in the process of using the Service shall be deemed to be the User’s negligence.

16. LIMITATION OF LIABILITY

16.1. We will not be liable for the Service provision if we are unable to provide the Service due to natural disasters or equivalent force majeure.

16.2. We will not be liable for any damages caused to the User due to any of the following unless such damage is caused due to our negligence or willfulness:

(a) inability to use the Service due to maintenance, replacement, regular inspection, construction, or other similar reasons related to the facilities for the Service;

(b) service interruption caused by the User’s negligence or willfulness;

(c) difficulty in the normal provision of the Service, such as failure to accrue cashback due to the User’s violation of Partner Exchange terms and conditions;

(d) transactions or disputes that occur through the service between the Users or between the User and others;

(e) leakage of Member information due to the User’s failure to manage account passwords, mobile device passwords, or other reasons;

(f) inability to use all or part of the Service’s functions due to a change of mobile device, change of mobile device number, change of operating system (OS) version, overseas roaming, telecommunications service provider, or other reasons;

(g) illegal access to the server by a third party or unlawful use of the server and abnormal access interference using programs; or

(h) other reasons equivalent to each subparagraph for which we are not responsible.

16.3. The User shall be responsible for the reliability or accuracy of the contents of information, data, facts, and the like posted by the User on the Service, and we will not be liable for any damages caused to the User or a third party due to inaccurate or false content.

16.4. We will not be liable for any damages caused to the User or any third party due to the User’s negligence or willfulness in connection with using the App or the Service.

16.5. We will not be liable for any damages arising from the User’s disclosure or provision of personal information or information related to the use of the Service to a third party.

16.6. We will not be liable for damages caused by the User’s use of materials obtained through the Service, except if such damage is caused due to our negligence or willfulness.

17. GOVERNING LAW AND JURISDICTION

17.1. The entire agreement under these Terms of Service is made under the laws of the Republic of Singapore and is governed by the applicable laws thereof in its formation, interpretation, content, and enforcement. Any claims or actions arising from or related to the Service provided under the agreement agreed upon by the User under these Terms of Service will be regulated, interpreted, and enforced under the laws of the Republic of Singapore. For the avoidance of doubt, this Section explicitly applies to claims for damages arising from any illegal actions by OCTOX.

17.2. The competent court or tribunal shall be in the Republic of Singapore for any claims or actions against or relating to OCTOX. The User unconditionally agrees that the courts of the Republic of Singapore shall have exclusive jurisdiction to hear all claims and disputes related to any issues arising from these Terms of Service or the User Agreement. The doctrine of forum non conveniens shall not apply to the court selected under these Terms of Service.