OKX House User Agreement

Published on Sep 26, 2024

Last updated: 4 December 2024

SECTION 9 OF THIS AGREEMENT CONTAINS BINDING ARBITRATION PROVISIONS THAT REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES.

This OKX House User Agreement (this “Agreement”) constitutes an agreement between you (“User” or “you”) and OKX Technology Services Pte. Ltd., a Singapore registered company (“we”, “us”, “our” or “OKX”), and any of our affiliates, regarding your access and/or purchases from the OKX House (collectively, the “Services”). By using our Services, you confirm that you have read, understood, and accepted this Agreement, our OKX Web3 Ecosystem Terms of Service (the “Terms of Service”), our OKX Web3 Ecosystem Privacy Policy Statement, and any and all other rules or policies (collectively, the "Terms of Service"), and you shall be legally bound by any and all of these terms and conditions regardless of your location, nationality, and/or Service(s) used. If you do not agree to be bound by this Agreement, please do not access or use the Services.

This Agreement shall supplement the Terms of Service. In the event of any conflict or inconsistency of any term or provision set forth in this Agreement with the Terms of Service, such conflict or inconsistency shall be resolved by giving precedence first to this Agreement, as applicable. All other provisions of theTerms of Service not modified by this Agreement shall remain in full force and effect.

1. Our Services and Use of Digital Wallets

Our Services provide an interface for Users to purchase physical goods and NFTs from OKX.In order to use the Services, you may have to connect a digital wallet such as an OKX Web3 Wallet. You are solely responsible for any Losses that may arise from your use of your digital wallet through the course of the Services. Your wallet is not accessible to OKX, and we will not keep or maintain your files, Passwords, Mnemonic Phrases, and/or Private Keys for your digital wallet. Additionally, because OKX may not access your digital wallet, OKX is not responsible, and you are solely responsible, for any transactions executed by or involving your digital wallet, regardless of whether you have approved or authorised such transactions. OKX is not responsible for any Losses you may experience arising from your use of your digital wallet, nor is OKX under any obligation to compensate or indemnify any digital assets lost from your digital wallet.Digital wallets may have various decentralized characteristics of blockchain technology. These decentralized services are different from banking financial institutions. You understand and accept that OKX is not responsible for the following: storage of your security Password (which is the Password you set when you create or import your wallet); Private Key and Mnemonic Phrase; retrieval of your security Password, Private Key or Mnemonic Phrase; freezing of your wallet, reports of lost wallet; restoration of your wallet; or other actions required to maintain or access your wallet. Please keep all of these safe as your inability to access these will prevent you from accessing your wallet and any Digital Assets or other funds you may have.

2. Standard Return Policy

In the unlikely event an item you purchased ("Product") is not what you expected, you can initiate a return within 14 days of the date you receive the Product. If you would like to initiate a return, please contact us at shop@okx.com. You agree to bear any additional cost, including costs of delivery and on-chain gas fees, for any changes, returns or refunds in respect of your return.

3. Order Acceptance/Confirmation

OKX may refuse or cancel any order or limit order quantity. OKX may also require additional qualifying information prior to processing any order. Your receipt of an order confirmation does not signify acceptance of your order or constitute confirmation of our offer to sell; we are simply confirming that we received your order. OKX reserves the right to accept or decline your order at any time for any reason. If OKX cancels an order after payment, OKX will refund you the cost of your order, deducting any transaction costs incurred in the process such as on-chain gas fees.We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same user account, and/or orders that use the same shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you.

4. Shipping & Delivery

Since delivery of your order can be impacted by events beyond OKX's control once it leaves the facilities, OKX cannot be held liable for late deliveries.As OKX takes care of the dispatch of the Products you purchase on the OKX House, the risk of loss of, or damage to, Products shall pass to you when you, or a person designated by you, acquires physical possession of the products. At this point, you will receive the Shipment Notification Email. If there are any issues with delivery, please contact OKX Customer Service to resolve.

5. Errors, Inaccuracies, or Discrepancies

There may be information on the OKX House that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the OKX House or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).The pictures of our Products on the OKX House are for illustrative purposes only. We endeavor to display as accurately as possible the colors and images of our Products, but the images are for reference only and we cannot guarantee that the color will be displayed accurately on your device.

6. Disclaimer of Warranties, Limitation of Liabilities

We do not warrant that the quality of any Product or the Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.You acknowledge and agree that your access and use of the OKX House and our Services are dependent on third party service providers such as internet, network, connectivity, payment, delivery, warehousing, tracking, shipping or other service providers. We cannot guarantee the fulfillment of any packing, shipping, tracking of orders, inventory, returns or replacements in respect of the Services which are carried out by third parties. We are not responsible for any acts or omissions of any third parties and disclaim any and all liability in connection with the acts, omissions or defaults of such third parties. By using and/or accessing the Site, you expressly relieve us from any and all liability in connection with the acts, omissions or defaults of such third parties.

7. Taxes

The displayed prices of the Products are exclusive of any customs duties, exchange rate applied by card issuers/ payment service providers, or taxes or any kind, the payment of which is your exclusive responsibility. Therefore, when placing an order, it is your responsibility to ensure with the local authorities that you comply with any prior formalities and / or payment of duties and taxes of any kind related to the import of the Products.

8. Governing Law

This Agreement, your use of the Services, any claim, counterclaim or dispute of any kind or nature whatsoever arising out of this Agreement, directly or indirectly (“Dispute”), 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.

9. JURISDICTION AND DISPUTE RESOLUTION

You acknowledge and agree that in the event of any 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 at that time.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 above, 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 the People’s Republic of China (“Hong Kong”). The location of any in-person arbitration hearing shall be Hong Kong, unless otherwise agreed to by the parties.You agree that the seat of arbitration shall be Hong Kong. The number of arbitrators shall be three (3). OKX 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. Any arbitration proceedings shall be conducted in the English language.You agree that OKX 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.Any arbitral award shall be final and binding upon the parties hereto and shall be enforceable in any competent court which has jurisdiction.You agree to resolve any and all Disputes with OKX on an individual basis through arbitration instead of as part of any class action or representative litigation.The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any non public information provided in the arbitration, and any submissions, orders or awards made in the arbitration (together, the “Confidential Information”) shall not be disclosed to any non-party except the tribunal, the HKIAC, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfil a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision shall survive termination of this Agreement and of any arbitration brought pursuant to this Agreement.

10. Miscellaneous

By visiting the OKX House or the Services, you agree that we may provide you with any notices or other communications, including marketing, relating to your use of the OKX House or the Services electronically: (a) via email (in each case to the address that you provide), SMS message (message and data rates may apply), or telephone call (in each case to the phone number that you provide), (b) by posting to the OKX House, or (c) by in-app notifications. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You will always be given the option to unsubscribe from receiving any marketing material from us. Notices to us should be sent electronically to our support system at shop@okx.com.