1.1 The OKEx BridgeService (“OKEx Bridge Service” or this “Service”) is offered by Aux Cayes FinTech Co. Ltd, a Seychelles registered company (“OKEx”). The OKEx Bridge Service is a cross-chain bridging service which allows the users to transfer assets across different blockchain. These OKEx Bridge Service Terms (these “OKEx Bridge Terms” or these “Terms”) governs your use of the OKEx Bridge Service and is an addendum to the OKEx's Terms of Service (“OKEx Terms of Service”) entered into by and between you and OKEx. References to “OKEx”, “we”, “our”, or “us” are to OKEx, and references to “you” or “your” or “User” are to the User who is bound by these OKEx Bridge Terms. These OKEx Bridge Terms are hereby incorporated into the OKEx Terms of Service and User Agreements (as defined below) and made a part thereof, and are a prerequisite for your access to the OKEx Bridge Service. For any inconsistency between these OKEx Bridge Terms and the OKEx Terms of Service, the terms of these OKEx Bridge Terms shall govern and control. Any capitalized term not defined herein shall have the meaning set forth in the OKEx Terms of Service and applicable User Agreements.
1.3 OKEx reserves the right to change or modify the OKEx Bridge Terms or any applicable User Agreementsat any time, at its sole discretion, and will provide notice of such changes by posting the revised OKEx Bridge Terms or applicable User Agreements on the Site and changing the “Last Updated” date therein. Your continued use of or access to the OKEx Bridge Service following the posting of any changes constitute your acceptance of these OKEx Bridge Terms and applicable User Agreements as amended and restated. If you do not accept the amended terms and conditions of these OKEx Bridge Terms and applicable User Agreements, you shall stop using the OKEx Bridge Service or other related OKEx Services.
1.4 You acknowledge andagree that despite OKEx’s good faith efforts to develop the OKEx Bridge Service, it is possible that the OKEx Bridge Service will experience malfunctions or otherwise fail to be adequately developed or maintained, which may negatively impact the OKEx Bridge Service and User’s tokens, and the potential utility of the User’s t You acknowledge and agree to accept any and all risks and Losses (as defined in Clause 5.4) which may arising from the foregoing.
1.5 This Service is only available to Users who meet the eligibility requirements under the OKEx Terms of Service, and may not be available to Users in certain restricted or prohibited jurisdictionsin accordance with the OKEx Terms of Service. By accessing or using our Service, you represent and warrant that you are not on any trade or economic sanctions lists, such as the United Nations Security Council Sanctions List, nor restricted or prohibited from engaging in any type of trading by the European Union, Hong Kong Monetary Authority, Hong Kong Customs and Excise Department, Office of Foreign Asset Control as well as other administrative law enforcement agencies. Also, we may not make all of the Services available in all markets and jurisdictions, and may restrict or prohibit use of all or a portion of the Services from Restricted Locations, which at this time include Hong Kong, Cuba, Iran, North Korea, Crimea, Sudan, Malaysia, Syria, United States of America [including all U.S.A. territories like Puerto Rico, American Samoa, Guam, Northern Mariana Island, and the US Virgin Islands (St. Croix, St. John and St. Thomas)], Bangladesh, Bolivia, Ecuador, Kyrgyzstan and Malta.
1.6 The terms of these Terms and applicable OKEx User Agreementsconstitute these Terms and understanding regarding your use of any or all of the Services, and any manner of accessing them, between: You and OKEx, depending on your location, nationality, services used, and your level of KYC completed.
1.8 Similar to any asset, the value of digital assets may fluctuate significantly, and there is a huge risk which means that you may suffer economic Losses when buying, selling, holding or investing in digital assets and engaging related transactions. Your use of OKEx’sServices means that you confirm and agree: (1) You understand the risks associated with digital assets and related transactions; (2) You agree to bear all risks and Losses associated with the use of OKEx’s Services and engaging transactions involving digital assets; (3) OKEx shall not be responsible for any such risks or Losses or adverse consequences.
- Third Party Blockchain: meansthe blockchain supported by the OKEx Bridge Service to which Users can withdraw and transfer available digital assets to such blockchain.
3. Eligibility to Use the Service
3.1 In order to use our OKEx Bridge Service, you represent and warrant the following:
- You have agreed to abide by the “OKEx Terms of Service”, and that you are not barred from using OKEX Services or the OKEx Bridge Service, and that you are not otherwise prohibited by applicable law from using OKEx Services or the OKEx Bridge Service;
- If you are registering the Service in your personal capacity, in order to effectively accept these Terms, you must be at least 18 years old, with full civil rights and civil capacity, and have all the necessary authorities and abilities to enter intothese Terms. Once entered into, it is binding on you;
- If you are registering to use the Service on behalf of a legal entity, in order to effectively accept these Terms, you represent and undertakethat (i) such legal entity is duly established and valid existing in accordance with applicable laws; (ii) you have the requisite power and authority to sign and enter into binding agreements for and on behalf of the User;
- You understand the risks associated with using the OKEx Bridge Service and other OKEx Services;and you have the experience and risk tolerance of using the Services, and have the experience and knowledge to enter into relevant transactions under the Services;
- You shallcarefully consider and use clear judgment to evaluate your financial condition and the above-mentioned risks before making any decision to use this Service, and bear all the Losses arising therefrom;
- In order to use the Service, you have the ability to perform operations on the Internet;
- These Terms does not conflict with the applicable laws and regulations of your applicable jurisdiction, and you undertakethat you will comply with the applicable laws and regulations of your applicable jurisdiction;
- You are the legal owner of the funds or digital assets in your OKEx Account or other assets which you use in connection with the OKEx Bridge Serviceor other OKEx Services, and you represent and undertake that the sources of such funds or digital assets are legal; and you will not trade or obtain financing on or through OKEx or any of its Services with anything other than funds or digital assets that have been legally obtained by you and that belong to you;
- Any trading, transfer, exchange, or other instructions received or undertaken through your signature credentials are deemed to be valid, binding, and conclusive, and OKEx may act upon those instructions without any liability or responsibility attached to it; and
- You will fairly and promptly report all income associated with your activities on OKEx pursuant to applicable laws and regulations, and you will pay any and all related taxes and levies.
3.2 You agree and undertake that:
- You shall not use the Service for any illegal purposes, including without limitation illegal gambling, money laundering, fraud, extortion, extortion, data breaches, terrorist financing, and any other violent activities or any businesses prohibited by the law.
- You shallnot conduct, initiate or promote any forms of market manipulation or other forms of illegal conduct, including without limitation, illegal gambling, money laundering, fraud, extortion, extortion, data breach, terrorist financing, and any other violent activities or businesses prohibited by the applicable laws and regulations of applicable jurisdiction.
3.3 You understand and accept allrisks that may arise to you and the related Losses you may suffer in connection with the Service, including without limitation:
- Allrisks and Losses you may suffer arising from your use of this Service. You are willing to bear any and all the risks and potential financial Losses arising from your use of this Service;
- High price fluctuations of digital assets and their derivatives may cause significant or total Losses in a short period of time;
- Technical anomalies may occur, which may delay or prevent you from using the Service or performing related transactions and result in Losses of your digital assets;
- Market anomalies may occur, which may result in Losses of your digital assets;
- In order to maintain the overall health of the market, OKEx is required to add, remove, or change the policies, the terms of these Terms or other relevant service agreements or terms or applicable User Agreements from time to time. Such amendmentsmay benefit or harm individual users like you.
3.4 No Representations & Warranties by OKEx.
Please note that OKEx makes no representations, warranties, or guarantees to you of any kind. OKEx and its OKEx Bridge Service are strictly offered on an as-is basis regardless of location, and without limiting the general purpose of the foregoing, are offered without any representation as to merchantability or fitness for any particular purpose.
3.5 Compliance with KYC Principles and Anti-Money Laundering Regulations.
Special attention must also be paid to your local anti-money laundering regulations. Failure to do so may place you and/or your assets at risk. We are committed to providing you with safe, compliant, and reputable OKEx Bridge Service. Thus, we may also insist on a comprehensive and thorough user due diligence process as well as any implementation and ongoing analysis and reporting. This may include but is not limited to monitoring for suspicious transactions as well as mandatory reporting to relevant international regulators. OKEx must keep certain information and documentation on file in order to adhere to applicable laws and regulations, and hereby expressly reserves the right to keep such information and documentation. Please note that our right will apply even if you terminate your relationship with OKEx or abandon your wallet and any other related applications.
4. Use of Service
4.1 OKEx Bridge Transactions
- The OKEx Bridge Service allowsthe Users to transfer digital assets across different blockchains which may help the Users to be able to transfer your digital assets into a form that will be more easily accessible for you to utilize on Third Party Blockchain.
- By using the OKEx Bridge Service, Users can transfer digital assets across different blockchains and access cross-chain liquidity on difference Third Party Blockchain. By using the Service, Users can convert digital assets between the native blockchain and Third Party Blockchainby converting the digital asset from original form into another form which is backed by real digital assets and tokens on public address of OKEx.
- The transaction time for cross-chain transfer of digital assets by using the Service will depend on actual blockchain network confirmation time on Third Party Blockchain.
- OKEx reserves the right to hold any funds or digital assets or freeze your OKEx wallet should you not be able to ensure expeditious and full transferof the digital assets you wish to exchange through the OKEx Bridge Service.
4.2 Service Fees
- By usingthe Service, you will be responsible to pay all the network transaction fees including without limitation gas fees occurred on the Third Party Blockchains you are transferring your digital assets between under this S
- You may be subject to a transaction fee in order for OKEx to adequately perform its OKEx Bridge Service. However, OKEx merely provides an online transaction platform and is not a party to any bridge transactionon Third Party Blockchain.
- You hereby agree and authorise OKExthat OKEx shall have the right to deduct the gas fee payable from your assets to be transferred, otherwise OKEx has the right not to provide the Services to you under these Terms.
- When a User redeems the digital assets, OKEx will first deduct the gas fee or handling feescharged by the Third Party Blockchain from the User's assets, and then deposit the transferred assets into your account or your wallet.
4.3 Your Wallet
In order to use the Services, you may have to create your own files, passwords, mnemonic phrases, and/or private keys. Please keep all of these safe. You are solely responsible for any Losses to your wallet. Your wallet is not accessible to OKEx, and we will not keep or maintain your files, passwords, mnemonic phrases, and/or private keys.
5.1 THIS PARAGRAPH IS IN ADDITION TO THE RISK DISCLOSURE PROVISIONS UNDER THESE TERMS. TRADING MARKETS ARE VOLATILE AND MAY CHANGE QUICKLY IN TERMS OF LIQUIDITY, MARKET, AND TRADING DYNAMICS. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY AND ALL TRADING AND NON-TRADING ACTIVITIES ON OR THROUGH OUR SITE AND FOR YOUR WALLET ON OUR SITE. YOU ARE ALSO RESPONSIBLE FOR KNOWING THE TRUE STATUS OF ANY POSITION OR CONTRACT WITH ANY OTHER PARTY ON THE SITE, EVEN IF PRESENTED INCORRECTLY BY OKEX AT ANY TIME. YOU ACKNOWLEDGE AND AGREE TO BE FULLY RESPONSIBLE FOR YOUR TRADING AND NON-TRADING ACTIONS AND INACTIONS ON OR THROUGH OKEX, AND ALL GAINS AND LOSSES SUSTAINED FROM YOUR USE OF THE SITE AND ANY OF THE OKEX BRIDGE SERVICE. YOU ARE RESPONSIBLE FOR ANY NEGATIVE BALANCE IN YOUR WALLET(S) ON OKEX, AND ARE ALSO RESPONSIBLE FOR ALL YOUR OBLIGATIONS WITH RESPECT TO ANY FINANCING ACTIVITIES ON OKEX. IN ADDITION, YOU ARE RESPONSIBLE FOR SAFEGUARDING ACCESS TO, AND ANY INFORMATION PROVIDED THROUGH, OKEX AND ANY OF ITS OKEX BRIDGE SERVICEAND YOUR WALLET WHICH YOU USED IN CONNECTION WITH THE OKEX BRIDGE SERVICE, INCLUDING BUT NOT LIMITED TO, PRIVATE KEYS, PUBLIC KEYS, KEY SEEDS, AND ADDRESS DETAILS. THERE IS NO GUARANTEE AGAINST ANY LOSSES ON OR THROUGH OKEX.
5.2 You agree and accept that the OKEx Bridge Serviceis an early version of the product and not yet fully security audited. OKEx is not responsible for any Losses of the User. OKEx is under no obligation to compensate or re-issue any lost digital assets to the User. The use of the OKEx Bridge Service is at the User’s own risk.
5.3 Any liability not expressly provided below shall be disclaimed.
5.4 Except as may be provided for in these Terms, OKEx assumes no liability or responsibility for and shall have no liability or responsibility for any claim, application, loss, injury, delay, accident, cost, business interruption costs, or any other expenses (including, without limitation, attorneys’ fees or the costs of any claim or suit), nor for any incidental, direct, indirect, general, special, punitive, exemplary, or consequential damages, loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, or any and all other commercial losses (collectively, referred to herein as “Losses”) directly or indirectly arising out of or in connection with these Terms or any User Agreements, the OKEx Bridge Services and your use of the OKEx Bridge Services, the Site, any transaction of any digital assetson the Third Party Blockchain, any inaccurate, misleading, or incomplete statement by OKEx or on the Site in relation to your wallets or any transaction you instructed and entered into, whether caused by OKEx’s negligence or otherwise, any failure, delay, malfunction, interruption, or decision (including any decision by OKEx to vary or interfere with your rights) by OKEx in operating the Site or providing any Service, any stolen, lost, or unauthorized use of your wallet information any breach of security or data breach related to your wallet information, or any criminal or other third party act affecting OKEx or its affiliates, or any offer, representation, suggestion, statement, or claim made about OKEx, the Site, or any Service by its affiliates.
5.5 OKEx shall only be liable for any damages of the User, no matter for what legal reasons, in case of willful intent and gross negligence only.
5.6 To the maximum extent permitted by law,OKEx shall be liable in case of ordinary negligence only resulting from a breach of a material contractual obligation (material obligation, without the fulfillment of which the proper implementation of the purpose of the contract is not possible and on the fulfillment of which the User can regularly rely).
5.7 To the maximum extent permitted by law,except in case of intentional breach of contract, the liability of OKEx is limited to the amount of damages typically foreseeable upon conclusion of these Terms. The User is obliged to notify OKEx about special risks, atypical potential of damages and potential exceptional Losses in case of subsequent emergence.
5.8 You agree and accept that when youuse this Service and transfer digital assets between the Third Party Blockchain and your OKEx account or your wallets by using the Service, the time it takes for you to receive the digital assets in your account or your wallet may vary and the assets received shall be OKEx shall not be liable for any and all Losses caused by time difference for receipt of digital assets.
5.9 OKExis not responsible for any Losses resulting from the User sending to wrong addresses. You agree that you shall bear any and all Losses resulting from your own fault or error, including but not limited to: not being in accordance with the transaction prompts operation, not conducting timely bridge transactions, transferring your digital assets to a wrong Third Party Blockchain or a wrong address, forgetting or leakage of passwords, cracked passwords, and/or your computer being invaded or hacked by others, and/or entering into wrong address to transfer or receive digital assets. You shall ensure you deposit your digital assets to the right address designated by OKEx to receive your digital assets to be transferred to the Third Party Blockchain by using the Service. You shall provide a correct address of your wallet which you use to receive your digital assets to be transferred from the Third Party Blockchain by using the Service. OKEx shall not be liable for any and all Losses resulting from your own fault or error, including but not limited to: your providing an incorrect address of your wallet or other address to receive the digital assets or your transferring your assets to a wrong address instead of the address designated by OKEx.
5.10 OKEx is not responsible for the credibility or reliability of Third Party Blockchainduring your use of the You should therefore exercise caution when conducting these orders and transactions.
5.11 You agree and accept that OKEx reserves the right to amend the content of these Terms anytime in its sole discretion. OKEx shall not be liable to any Losses arising from your misunderstanding of these Terms, or your delay of reading the amendments to these Terms.
5.12 OKEx shall not be responsible for any Losses incurred arising from contract vulnerabilities, hacking incidents,or suspension, discontinues, or termination of business, bankruptcy, abnormal suspension or cessation of trading of Third Party Blockchain or project sponsors or other potential risks. You agree to bear all the relevant risks set out in this Clause and all the Losses you may suffer arising from the abovementioned risks.
5.13 You agree and accept that if the OKEx or the Third Party Blockchaincannot function properly or the Service is interrupted arising from the following circumstances, such that you are unable to use the Services or unable to operate or perform related trading operations or transactions, including without limitation, failure, delay, interruption, no system response, delayed system response or any other abnormal circumstances, OKEx shall not be liable for any Losses. Such circumstances include without limitation to:
- The Third Party Blockchain suspends, discontinues, and terminates its business, closes down, and abnormally suspends or stops trading;
- Service suspension for maintenance as announced by the Third Party Blockchainor OKEx;
- System failure to transmit data;
- Losses suffered byyou or any other third parties arising from force majeure or accidents caused by other unforeseeable, unavoidable and unsolvable objective circumstances, including without limitation, typhoon, earthquake, tsunami, strikes, flooding, plague, power outage or failures, acts of God, war, turmoil, government actions, lawful acts of public authorities, terrorist attacks, any and all market movements, shifts, or volatility; etc. computer, server, or Internet malfunctions; security breaches or cyberattacks; criminal acts; delays or defaults caused by common carriers; acts or omissions of third parties; or, any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against;
- Service interruption or delay arising from hacking, computer virus, technical adjustment or failure, website upgrade, banking issues, temporary closure arising from government regulations;
- Service interruption or delay caused by the computer system of the Third Party Blockchainor OKEx being damaged, defective or unable to perform normally;
- Losses arisingfrom technical problems that cannot be predicted or solved by existing technical forces in the industry;
- Losses suffered byyou or any other third parties arising from the fault or delay of any third party;
- Losses suffered byyou or any other third parties arising from changes in laws and regulations or government orders; or
You agree and accept that the above circumstances may lead to abnormal transactions, market interruptions and other possible abnormal circumstances, OKEx reserves the right to refuse to execute your instruction based on actual circumstance. You understand and agree that OKEx shall not be liable for any and all your Losses (including without limitation direct or indirect Losses or actual or potential Losses or possible loss of profits).
5.14 You agree and accept that OKEx shall not be liable for any Losses caused by the risks set outin Section 3.3 of these Terms (including without limitation any direct or indirect Losses, actual Losses or possible loss of profits).
6. Mandatory Measures
6.1 You agree and accept that OKEx strictly prohibits unfair trading practices. OKEx reserves the right to exercise control over your account or closeyour account or refuse to provide the Service to you if OKEx reasonably believes that you perform the following actions:
- We reasonably believe that you have violated or may be acting in violation of these Terms;
- We reasonably believe it is necessary to protect our other users from danger or loss;
- We reasonably determine that you are using our platform in any way that may adversely affect or prevent others from the use of our Services;
- You use obscene language, insulted, extorted, harassed, threatened, or otherwise violated or attempted to violate another user’s legal rights (including but not limited to their privacy and intellectual property rights), as well as collecting any personal information of other users for the purpose of distribution or personal attack;
- You conducted price manipulation or any other malicious market behaviors;
- You perform any actions harming other Users or OKEx using the loopholes of the Service or other unreasonable means;
- YouParticipate in any activities that OKEx regards as harmful to the market; and/or
- We reasonably believe that You have violated or may be acting in violation of lawsand regulations of any applicable jurisdiction.
In order to eliminate any adverse effects on the overall market, OKEx reserves the right to take the following measures at its sole discretion, including without limitation, closing your account, restricting or canceling your instructions, canceling the abnormal transaction or rollback all the transactions of a certain period of time, and contacting and cooperating with relevant legal and/or regulatory authorities, including providing information disclosure. The extent of such information disclosure is at OKEx’s sole discretion, and may include, but is not limited to, your contact information, transactional records and/or any other details or records, and any authentication measures conducted by OKEx. You understand and agree that OKEx shall not be liable for any and all Losses (including without limitation, any direct or indirect Losses, actual Losses or Losses of possible profits) suffered by you in connection with the above measures.
6.2 For abnormal transactions, market interruption and other abnormal conditions caused by system failure, network failure, distributed denial of service attacks (DDos) and other hacker attacks and other unexpected factors,you acknowledge and agree that OKEx shall have the right to cancel the abnormal transaction or rollback all the transactions of a certain period of time.
6.3 In the event of a potential loophole in the OKEx Bridge Service that unjustly enriches you, OKExOKEx shall have the right to cancel the abnormal transaction or rollback all the transactions of a certain period of time and OKEx will contact you to recover the gains. You must fully and effectively cooperate; otherwise, OKEx will take action, including but not limited to, placing restrictions on account transactions, freezing account funds, prosecution of you in a court with right of jurisdiction and other recourse measures. In the event that you do not cooperate, you shall also bear costs of recourse.
6.4 If we exercise our right to restrict or deny you access to the OKEx Bridge Service, we shall not be responsible for any consequence of our failure to provide you with access to the Services, including any delay, damage, or inconvenience that may occur.
7.1 You shalltake each possible steps to protect OKEx and its affiliates from any damages or Losses arising from your use of the Service or other actions related to your OKEx account or your wallets or address you designated to receive digital assets, otherwise you shall be liable to OKEx.
7.2 You hereby agree to release OKEx and its affiliates from liability for any and all Losses,and you hereby agree to defend, indemnify and hold OKEx and its affiliates harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party against OKEx arising from or arising out of your breach of these Terms, your improper use of the Service, your violation of any laws or regulations of applicable jurisdiction or the rights of a third party and/or the actions or inactions of any third party to whom you grant permissions to use your OKEx account or your wallets or access our website, software, system (including any network and servers used to provide any of the Service) operated by us or on our behalf, or any of the Services on your behalf.
8. NoBusiness, Legal, Financial or Tax Advice
The User acknowledges and agrees that no information provided by OKEx, notwithstanding whether included in these Terms or any other document or statement, should be deemed as business, legal, financial or tax advice. The User may consult his own business, legal, financial or tax advisers regarding especially, inter alia, the individual chances, opportunities, risks, obligations or further costs arising from the reception of and in connection with digital assets under this OKEx Bridge Service.
OKEx is not your broker, dealer, agent or consultant. The User acknowledges and agrees that in any transactions or other decisions or activities which you use any OKEx Services, OKEx does not have a fiduciary relationship or fiduciary duty with you. No communication or information provided by OKEx to you notwithstanding whether included in these Terms or any other document or statement, shall be deemed, considered or interpreted as investment advice, business advice, legal advice, financial advice, tax advice, trading advice or any other type of advice. You shall determine whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial condition and risk tolerance, and you shall be responsible for any and all Losses or liabilities. You may consult your own business, legal, financial or tax advisers regarding especially, inter alia, the individual chances, opportunities, risks, obligations or further costs arising from using this OKEx Bridge Service. OKEx does not recommend to you to buy, acquire, sell, transfer or hold any digital assets. Before making a decision to buy, sell, transfer or hold any digital assets, you shall conduct due diligence and consult your financial advisor before making any investment decision. OKEx shall not be responsible for your decision to buy, sell, transfer or hold digital assets based on the information provided by OKEx.
9. Third Party Website Disclaimer
10. Governing Law
These Terms, your use of the Services, any claim, counterclaim or dispute of any kind or nature whatsoever arising out of these Terms, directly or indirectly, shall be governed by, and construed in accordance with the laws of England and Wales without regard to the principles of conflicts of laws thereof.
11. Jurisdiction and Dispute Resolution
11.1 You acknowledge and agree that in the event of any dispute, controversy, difference or claim, including the existence, validity, interpretation, performance, breach or termination of the Terms or any dispute arising out of or relating to the Terms (“Dispute”), the parties shall first refer the Dispute to proceedings at the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with HKIAC’s Mediation Rules in force for the time.
11.2 If the Dispute has not been settled upon the signing of a settlement agreement within ninety (90) days following the filing of a request for mediation set forth in Clause 14.1, such Dispute shall be referred to and finally resolved by arbitration administered by the HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be the laws of the Hong Kong Special Administrative Region of People’s Republic of China (“Hong Kong”).
11.3 You agree that the seat of arbitration shall be Hong Kong. The number of arbitrators shall be three (3). OKEx shall appoint one (1) arbitrator and you shall appoint one (1) arbitrator. The third arbitrator shall be appointed by the Chairman of the HKIAC. Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The arbitration proceedings shall be conducted in English.
11.4 You agree that OKEx shall not be required to give general discovery of documents, but may be required only to produce specific, identified documents which are relevant and material to the outcome of the Dispute.
11.5 Any arbitral award shall be final and binding upon the parties hereto and shall be enforceable in any competent court which has jurisdiction.
12.1 You shallcarefully read these Terms and any document referred to in these Terms that constitute the contents of these Terms. If there is anything that you do not understand in these Terms and any document referred to herein, you shall contact OKEx and seek for clarification.
12.2 Unless otherwise instructed by OKEx, any formal communication and document transfer between you and OKEx shallbe delivered through email. Any formal communication between you and OKEx shall, unless otherwise agreed, be made in the English language. In the event of any discrepancy between the communication in English and that in a foreign language, the English version shall prevail. In the event of any discrepancy between any formal and/or informal communications and these Terms, these Terms shall prevail.
112.3 In case any provision of these Terms shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. If, however, any provision of these Terms shall be invalid, illegal, or unenforceable under any such applicable law in any jurisdiction, it shall, as to such jurisdiction, be deemed modified to conform to the minimum requirements of such law, or, if for any reason it is not deemed so modified, it shall be invalid, illegal, or unenforceable only to the extent of such invalidity, illegality, or limitation on enforceability without affecting the remaining provisions of these Terms, or the validity, legality, or enforceability of such provision in any other jurisdiction.
12.4 No failure or delay by OKExin exercising any right, power or remedy it is entitled to under these Terms or by stipulation of law shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of such rights, power or remedies.
12.5 You shall not transfer, novate or assign these Terms, and the rights and obligations hereunder, in whole or in part, without the prior written consent of OKEx. OKEx has right to transfer, novate or assign any rights or obligations under these Terms by serving written notice on you, which takes effect upon the delivery of such notice.
12.6 The headings of all the terms of these Terms are for reading convenience only and have no actual meaning and shall notbe used as a basis for interpretation of the meaning of these Terms.
12.7 OKExhas the sole and final discretion of interpretation of these Terms.