TERMS OF AGREEMENT
Please read these Terms and Conditions carefully before registering at https://octoin.com/ or using it to get the information. By accessing or using any part of the site, you agree to follow these terms and conditions.
- GENERAL PROVISIONS
- OCTOIN LIMITED, hereinafter referred to as the Company or OCTOIN, provides the Personal Account service (hereinafter referred to as the “Personal Account”) under the terms and conditions of this public offer (hereinafter referred to as the “Agreement”) to any individual or legal entity (except for persons without nationality, individuals who have not reached the age of 18, as well as citizens and legal entities of countries where the operations related to cryptocurrencies are prohibited or restricted by the law of the country (hereinafter referred to as the “User”).
- This document contains the conditions for investing, renting capacities, purchasing OCTOIN COIN cryptocurrency, the rights and obligations of users and administration of OCTOIN.
- In case of accepting Terms and Conditions of this agreement, the citizen or legal entity that accepts the offer becomes the User. The acceptance is the fact of registration by filling in the data and clicking on the “Register” button.
- The failure to accept the Terms and Conditions of the agreement makes it impossible to register with OCTOIN and fulfill all subsequent actions.
- The following regulatory documents are an integral part of this Agreement:
- Notification of risks
- Consent for the personal data processing
- All other applicable documents placed in the subsection “Contracts and Regulations” of the “Company” section on the Company’s Website and in the Personal Account.
- This Agreement and the regulatory documents listed above are collectively referred to as the “Regulatory Documents”.
- Regulatory documents must be carefully read by the User, as they determine all the conditions of the User’s trading and non-trading operations. By accepting the terms of this Agreement, the User also accepts the terms and conditions of all Regulatory Documents listed above.
- Unconditional acceptance (accept) of the terms and conditions of this Agreement is the making of an advance payment (balance replenishment) by the User under this Agreement and receipt thereof by the Company.
- From the moment when the Company receives the advance payment of the User, each transaction made by the User in the Personal Account or in the P2P-Exchange becomes the subject of the relevant Regulatory Documents.
- In respect of any transaction in the Personal Account or in the P2P-Exchange, the User and the Company act as principals, and the Company does not act as an agent on behalf of the User. This means that the User bears full and direct responsibility for fulfilling any of their obligations for the transactions performed in the Personal Account or in the P2P-Exchange. If the User acts on someone else’s behalf, regardless of whether this person is identified or not, the Company does not accept them as a User and is not liable to them, except for the cases when it is specifically agreed upon and mentioned.
- Accepting the terms of this Agreement, the User also agrees that they will receive letters and mails from the Company to their personal email, and also give their consent to receive mails in the form of short text messages (SMS) to the phone number indicated in the Personal Account.
- TERMS AND DEFINITIONS
- The definitions referred to in this Agreement have the following meanings:
- ADVANCE PAYMENT shall mean making money or cryptocurrency signs by making payment by the User to pay for future expenses.
- BALANCE is the cumulative financial result of all completed transactions and operations of investing and withdrawing funds from the personal account.
- EXTERNAL ACCOUNT OF THE USER shall mean bank and/or digital account of the User or an authorized person.
- WEBSITE is an online resource located at https://octoin.com/, through which OCTOIN Company provides users with information, tools and services of the Company.
- USER shall mean any individual or legal entity, except for persons without nationality; individual who has reached the age of 18; except for citizens and legal entities of the countries where the Company does not provide the indicated service; having passed registration procedure on the site by filling out the data form and accepting these Terms and conditions.
- INTERNAL ACCOUNT is a digital account of the User on the website, which is created and used to purchase investment portfolios and computing capacities, operations of crediting and withdrawing funds.
- PERSONAL ACCOUNT shall mean the User’s cabinet on the Website provided by the Company to the User based on the Agreement concluded between the User and the User, being an individual space of the User on the Website, access to which is protected and opens after the introduction of a unique login and password.
- PERSONAL ACCOUNT NUMBER is a unique number provided to each User who has accepted this Agreement.
- ADMINISTRATION shall mean physical or legal persons, employees, agents and contractors who, according to concluded employment contracts, represent the Company, the Website and provide information support to Users.
- AGREEMENT shall mean the present Terms and Conditions, which are published on the site https://octoin.com/ and are applicable to the relations between the User and the Company.
- CRYPTOCURRENCY is digital currency intended for global trade and exchange of various material and digital products between their owners on terms determined by the developers of the digital currency.
- TOKENS are cryptographic tokens that are program digital products created by the Website Owner as evidence of limited right to use OctoinCoin. These tokens are not securities; they are not registered in any financial institution as collateral securities and should not be treated as such.
- PREMINING is selling of OctoinCoin tokens for suitable users for a limited period of time, in accordance with the appropriate stages of launching OctoinCoin into the market of cryptocurrency.
- CREDIT OF FUNDS is crediting to the User’s account of funds transferred by the User or their authorized person and received on the Company’s accounts
- IDENTIFICATION DATA shall mean for individuals: passport data specified in the User Registration Form; for legal entities: the data of registration and constituent documents, specified at registration of the User.
- RATE is the unit cost of the base currency, expressed in the quotation currency.
- OPERATIONAL DAY is a working day of the Company, the working hours for which are indicated on the Company’s website.
- USER’S OPERATIONS are orders and requests of the User directed to the Company regarding its trading and non-trading operations in the Personal Account and in trading platforms.
- ORDER FOR INTERNAL TRANSFERS OF CASH is an order transmitted through the User’s Personal Account from the Website, the purpose of which is to debit funds from the User’s account in favor of another account registered with the Company.
- INSTRUCTIONS FOR CASH WITHDRAWAL is an order transmitted through the User’s Personal Account from the Company’s website, the purpose of which is to debit funds from the User’s account and their withdraw to the external account of the User or their authorized representative indicated in the order.
- WRITING OFF OF FUNDS is a write-off of funds from the Account of the User and transfer thereof to the details of the User or their authorized person indicated by the User in the instructions for cash withdrawal.
- In the event when the User fulfills all obligations under this Agreement and other Regulatory Documents, the Company will provide the User with the opportunity to perform operations provided for by the possibilities of Personal Account and Regulatory Documents.
- In respect of the User’s operations, the Company carries out only execution without giving any recommendations. The Company may execute the order or request of the User, even though such an operation may be unprofitable for that User. The Company is not obliged, except for the cases specified in this Agreement and relevant Regulatory Documents, to monitor and notify the User of the status of its operations.
- The User has no right to demand from the Company investment/trade recommendations, as well as other information capable of motivating the User to perform trading operations.
- The Company, in its sole discretion, may provide information, recommendations and advice to the User, but in this case, it will not be held liable for the consequences and profitability of such recommendations and advice to the User. The User acknowledges that the Company is not liable for any losses, costs, expenses and damages to the User resulting from inaccuracies in the information provided to the User, including but not limited to information about the User’s trading operations. While retaining the right to cancel or close any of the User’s positions under certain conditions described in this Agreement or relevant Regulatory Documents, all operations performed by the User as a result of such inaccurate information or error remain, nevertheless, in force and are binding both for the User and the Company.
- Within the framework of investment operations, there is no physical supply of currency. Income or losses on investment transactions are accrued/written off from the User’s account immediately after the end of the business day.
- The User agrees and grants the Company the authority to act with respect to the User and the User as the Company deems appropriate, regardless of a possible conflict of interest or the existence of any material interest in any transaction in the Personal Account or on the Stock Exchange without preliminary notice to the User. The existence of a conflict of interest or material benefit with respect to any transaction in the Personal Account or on the commercial exchange shall not affect the servicing of the User by employees of the Company.
- USER REQUESTS AND REQUIREMENTS
- The Company processes the requests and orders of the User in accordance with the relevant Regulatory Documents.
- The Company has the right to reject the request or the order of the User if any condition of the relevant Regulatory Document has not been fulfilled at the time when the processing of such request or order by the Company is completed. However, in its sole discretion, the Company, in spite of non-compliance with the provisions of the relevant Regulatory Document, may accept and execute such request or instruction of the User.
- If the Company has executed the request or instruction of the User, and then found that a provision of the relevant Regulatory Document has been violated, the Company is entitled to act in accordance with the relevant Regulatory Document.
- When conducting transactions between the User and the Company, the conversion is carried out according to the current rates established in accordance with the Regulatory Documents.
- The User is obliged to pay all amounts payable, including the commission and other costs established by the Company.
- The User can not assign their rights, assign his duties or perform any other transfer of rights or obligations in accordance with the relevant Regulatory Document, without the preliminary written consent of the Company. If this condition is violated, then any such assignment, imposition or transfer will be deemed void.
- The user can transfer money to the account of the User at any time.
- Operations for crediting funds to the account and writing off from the account of the User take place within three working days.
- The User is solely responsible for the correctness of their payments. When the details of the Company are changed, from the moment of the publication of new details in the Personal Account, the User is solely responsible for payments made to the obsolete details.
- LIMITATION OF LIABILITY
- The User shall undertake to guarantee the Company protection against any liabilities, expenses, claims, damages that may arise either directly or indirectly due to the inability of the User to fulfill their obligations under the relevant Regulatory Document.
- The Company is not liable to the User for any damage, losses, lost profits, missed opportunities (due to possible market movements), costs or damages in accordance with the terms of this Agreement, unless otherwise specified in the relevant Regulatory Document.
- The user has no right to transfer passwords from the trading platform and the Personal Account to third parties, and also undertakes to ensure their safety and confidentiality. All measures taken with respect to the execution of the Regulatory Documents and/or with the use of the login and password are deemed to be carried out by this User. The Company is not liable for unauthorized use of registration data by the third parties.
- The user acknowledges and accepts that the cryptocurrencies trading, investing in ICO and mining of cryptocurrency are highly speculative, as indicated in the Risk Notification on the Company’s website.
- The user acknowledges and accepts that the cryptocurrencies trading, investing in ICO and mining of cryptocurrency can cause significant risks, including but not limited to the risks such as legal and financial risks before falling into unlimited losses, without guarantee of return on investment or guarantee of income.
- The user acknowledges and accepts that the cryptocurrencies trading, investment in ICO and the mining of cryptocurrency is suitable only for persons who can take financial losses over their deposits and those who have excess financial resources significant loss of which will not affect their living conditions.
- FORCE MAJEURE CIRCUMSTANCES
- The company, having sufficient grounds for this, has the right to state the occurrence of force majeure circumstances (circumstances of insuperable force). The Company shall take appropriate measures to inform the User about the occurrence of force majeure circumstances. Force majeure circumstances include (but not limited to):
a) any act, event or phenomenon (including but not limited to: any strike, riots or civil unrest, terrorist acts, wars, natural disasters, accidents, fires, floods, storms, power outages, communication, software or electronic equipment , civil unrest), which, according to the Company’s reasonable opinion, led to destabilization of the market or one or several instruments;
b) suspension of work, liquidation or closure of any market, exchange; or introduction of restrictions or special or non-standard terms of trade, mining in any market; or in relation to any such event.
- If the Company has established the force majeure, the Company has the right (without prejudice to other rights of the Company in accordance with the relevant Regulatory Document) without preliminary written notification and at any time take any of the following measures:
a) increase or decrease the investment forecasts;
b) close any or all of the open positions of the User at the indicated price that the Company reasonably considers to be fair;
c) suspend or change the application of one or all of the provisions of the relevant Regulatory Document, while the existence of force majeure circumstances makes it impossible for the Company to comply with these provisions;
d) take, or, vice versa, not take any action with respect to the Company, User and other users, if the Company reasonably considers it appropriate under the given circumstances.
- The Company is not liable for non-fulfillment (improper performance) of obligations, if the performance was impeded by force majeure circumstances.
- The Company shall have the right to suspend the User’s service at any time, having sufficient grounds for this (preliminary notification to the User is not necessary).
- In the event of situations not described in the relevant Regulatory Documents, the Company will act in accordance with accepted market practices, based on the principles of fairness and justice
- Full or partial application by the Company of any right, as well as non-application hereof (in accordance with this Agreement or the law), cannot be a reason for the Company’s refusal to continue to use similar or other rights in accordance with the relevant Regulatory Documents or the law.
- The Company has the right to make a decision on the full or partial exemption of the User from liability to the Company for violations by the User of the provisions of the relevant Regulatory Document during its validity period or to adopt a different compromise solution. At the same time, all violations are accepted for consideration, irrespective of the limitation of their commission, in connection with which the Company has the right to file claims to the User at any time. The above-mentioned circumstances do not prevent the Company from exercising its other rights provided for in the relevant Regulatory Document.
- The User acknowledges and agrees that the Company has the right to amend and change the parameters of investment portfolios, rent of capacities and other trading conditions, subject to a written notification given at least 1 working day ahead. the amendments shall enter into force on the date specified in the notification. In the event of force majeure events on the markets, the User acknowledges the right of the Company to amend and change the Regulatory Documents immediately, without any preliminary notice.
- The User agree that the Company reserves the right to change the composition of the existing programs (products) to make changes to them, as well as to introduce new products and services, with prior notification of the User is not required.
- The Company reserves the right to refuse to provide the User with the service of the Personal Account without giving reasons.
- The Company’s website may contain certain historical information. Historical information is not necessarily up-to-date and is provided for reference only. We reserve the right to change the content of this site at any time, but we are not required to update the information on our website. You agree that your responsibility is to follow the changes on our website.
The purpose of the notice is the disclosure by OCTOIN LIMITED (the “Company”) that provides the User with the “Personal Cabinet” service under terms and conditions, the information about the risks associated with trading operations in the financial markets, and warn the User about the possible financial losses associated with these risks. This notice may not disclose all information about all potential risks due to the variety of possible situations. The interpretation of the terms used in this Notice fully coincides with the interpretation of terms specified in the Company’s Regulatory Documents, which are all documents in the “Regulatory Documents” section of the Personal Account and on the Company’s website.
- LEVERAGE EFFECT
- When making investments, it should be noted that for trading on cryptocurrency exchanges, a relatively small change in the exchange rate of the instrument may have a significant effect on the state of the account’s profit and trading account of the User in view of the leverage effect. When the market moves against the User’s position, it may incur a loss in the amount of the initial deposit and any additional funds deposited by it to maintain open positions. The user is fully responsible for recording all risks, using financial resources and choosing the appropriate portfolio.
- HIGH VOLATILITY OF INSTRUMENTS
- A number of instruments have significant intraday ranges of price changes, which implies a high probability of receiving both profits and losses from trading transactions.
- TECHNICAL RISK
- The user assumes the risks of financial losses due to malfunctions of information, communication, electronic and other systems.
When performing trade operations using the client terminal, the User assumes the risks of financial losses that may result from:
- – malfunctions in hardware, software and poor quality of communication on the user’s side;
- – inappropriate operation of the User’s equipment;
- – the User’s ignorance of the instructions and guidance in the FAQ section.
- The user acknowledges that when performing operations, it may be difficult to reach the operator on duty at peak times.
- The user assumes the risk of any financial loss due to the fact that he has not received or received a delayed notification from the Company.
- The user acknowledges that the information sent by e-mail (unencrypted email) is not protected from unauthorized access.
- The User agrees that the Company has the right to delete messages not received by the User via the internal mail of the client terminal within three calendar days from the date of sending the message
- The user is fully responsible for maintaining the confidentiality of the information he has received from the Company and assumes the risk of any financial loss caused by unauthorized third-party access to their Personal account.
- FORCE MAJEURE CIRCUMSTANCES
- The client assumes the risks of financial losses caused by force majeure circumstances.
- BANKS AND LIMITATIONS SET BY THE LEGISLATION
- The user assumes financial and other risks in the event that the implementation of transactions (and related activities) in the financial markets is prohibited or restricted by the legislation of the country of permanent residence of the User.
CONSENT TO PERSONAL DATA PROCESSING
I hereby acting conscientiously, freely, according to my will and in my interests give my consent to the processing, including the automated one, of my personal data:
– to OCTOIN LIMITED
– as well as to the partners of OCTOIN LIMITED, legal entities that
The company entered into cooperation agreements with.
By giving this consent, I confirm that:
– personal data specified by me in the fields of the form to be filled, provided by me using information and telecommunication networks, are the actual data at the time of the provision of personal data;
– I got acquainted with the Company’s documents defining its policy regarding the processing of personal data. In the event of a change in my personal data, I undertake to provide the Company with up-to-date personal data. Personal data for the processing of which the consent is given: personal data specified by the subject of personal data in the fields of the form to be filled, provided using information and telecommunication networks.
Objectives of personal data processing:
– execution of a contract, the subject of personal data is a party or beneficiary or guarantor under which is the subject of personal data, as well as for the conclusion of a contract on the initiative of the personal data subject or the contract whereunder the subject of personal data will be the beneficiary or guarantor;
– achievement of the objectives provided for by international law for the Company’s functions, powers and responsibilities;
– promotion of goods, works, services of the Company and third parties on the market by making direct contacts with the subject of personal data using the communication means.
Actions with personal data for which the consent is given, including, but not limited to: collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), depersonalization, blocking , removal, and destruction of personal data.
The period when this consent is valid: before the operator reaches the purposes of personal data processing, or the loss of the need to achieve these goals.
The procedure for withdrawal of consent: this consent can be withdrawn only by submitting a personal application to OCTOIN LIMITED by the subject of personal data.