Effective Date: 1st April 2019
Terms of Conditions of Use
These Terms of Service and any terms expressly incorporated herein (“Terms”) apply to any access to, or use of, any services made available by Overblock, Ltd. (“Overblock”) using the website www.overblock.io (the “Site”), and to any other related services provided by Overblock (collectively, the “Services”). By registering for an account on Overblock website, accessing or using any Services, you agree to be bound by these Terms.
Modification of terms
Overblock may modify these Terms by providing notice of such changes, such as by sending you an email, providing notice through the Services, or updating the “Last Updated” date at the top of these Terms. By clicking on an “I Agree” button or checkbox presented with the modified Terms, or by continuing to access or use of the Services, you confirm your agreement to the modified Terms. If you do not agree to any modification to these Terms, you must stop using the Services. Overblock encourages you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Services. If you have any question regarding the use of the Site or Services, please contact our Support Team by filing a support request at https://support.overblock.io.
You shall read the Terms thoroughly prior to registering an account on the Site or accessing our services, and review the update announcement of the Terms on a regular basis. If you disagree with these Terms, Overblock's right to modification, or if the Terms is partially or completely excluded by the applicable laws in your jurisdiction, please do not access our services.
Overblock in the Terms refers to the owner, including but not limited to its shareholders, board of directors, investors, employees or affiliates. Overblock can also mean the services, websites, contents and other information provided by Overblock.
The Site allows the buyers and sellers to trade cryptocurrencies such as Bitcoin (reference, http://bitcoin.org) or other virtual digital currency, and the services provided by the Site from time to time (the “Service”).
By registering for an account or accessing the service of the Site, you represent and warrant that:
1. You are an individual, a legal person who is 18 years or older or another entity with full capacity and you have accepted the Terms in accordance with the applicable laws. If you do not meet such qualification, you and your legal representative shall take all responsibilities for all consequences arising thereof. Overblock reserves the right to delete or permanently freeze your account and claim compensation for damages, including but not limited to attorneys’ fees, against you and your legal representative;
2. Pursuant to applicable laws, you have the right to use the Service;
3. Your account has not previously been suspended or removed from the Site;
4. You own all virtual digital currency used by you on this Site or you have been authorized to conduct the virtual digital currency transactions;
5. You have all necessary consents and authorizations to carry out all transactions initiated from your account;
6. Any information you submit to the Site is true and complete, and will be updated at the request of Overblock
7. To the extent allowed by law, you allow us to use your information for the purpose of law enforcement measures or legal compliance to facilitate the operation of this Site
8. You do not intend on using the Site (including the Service and the account on the Site) for any illegal purpose, such as illegal gambling, money-laundering, fraud, blackmail, funding terrorism, and you will not engage in misconduct that may cause damage to Overblock's reputation.
9. You will abide by relevant Hong Kong laws and any international practices relating to the use of Internet, and will not carry out any conduct to infringe others’ rights while using the Site.
10. You are obligated to confirm the applicable laws for the virtual digital currency transactions you are involved in, including but not limited to the relevant laws and regulations regarding anti-money laundering, securities and taxation;
11. If you violate any applicable laws, you shall be solely liable for any liabilities. If Overblock suffers any loss or damage resulting from the following, Overblock may claim compensation against you for such loss and damage, including but not limited to litigation expense, attorneys’ fee and the loss of goodwill):
(1) Your violation of the Terms;
(2) Your use or misuse of the Site or the Service;
(3) Your violation of any applicable laws.
If any suspicious activity is detected in the Service or account you accessed into on the Site, Overblock may request additional information from you (including verification documents) and may freeze, cancel or terminate any transaction or your account on the Site, and will be subject to review by Overblock. It is your obligation to satisfy the foregoing security requirements, or accept the suspension or termination imposed by the Site. In the event of any unauthorized use of the account or password on the Site, please inform Overblock by emailing firstname.lastname@example.org.
Prior to your using the Site or an account on the Site, Overblock may request your personal information to verify your identification, and may further request you provide such information for our partners, banks in cooperative relationships, or establish an account in such banks to comply with our Know Your Customer(KYC) and anti money laundering policy.
If any holder of account on the Site (“Member”) violates any provision in the Terms, his or her account, and the Service on the Site is likely to be frozen, canceled or terminated, and the Member will be held liable for damages to Overblock, other users or members’ loss.
There is risk in transactions involving all kinds of virtual digital currency. The price of virtual digital currency may fluctuate at any time, and your assets could decrease or increase with such fluctuation. The price fluctuation may turn such currency worthless; therefore, you should bear the risk of loss of value by buying and selling virtual digital currency.
Bitcoin or any other virtual digital currency are not fiat currencies of any country worldwide, and its store of value function and participants’ trust and engagement are what grant virtual digital currency with value. When trading virtual digital currency, please be aware that the value of such currency is subject to drastic fluctuation. The value of such currency could ascend substantially or plummet to zero. There is no guarantee anyone would accept virtual digital currency as payment in exchange for commodity or service. Such currency is not supported by any government, and furthermore, could be prohibited by law by any government. Therefore, the risk of holding virtual digital currency could be higher than that of any other assets or commodities.
Unseen or uncertain risks may exist aside from the Terms. You should evaluate your own financial condition and risk tolerance to determine whether you should engage in virtual digital currency transaction. By registering an account on the Site, it indicates that you have obtained professional opinion, market sophistication or experience to cautiously evaluate the risk of digital currency transaction. You agree and completely understand the relevant risk and considerations, and will be fully responsible for your own loss or damages in trading virtual digital currency. Ultimately, you agree to waive and relinquish your right and remedy against Overblock.
You acknowledge that blockchain technology underlying tokens is subject to change at any times, and blockchain networks may go offline for any reason. Such changes may materially and adversely affect the value or function of the tokens. You agree that you are fully responsible for monitoring such changes and agree to bear all risks arising therefrom or relating thereto and Overblock has no liabilities for such changes.
You acknowledge that Overblock's data reservation and user verification procedures may change at any time as required by law or according to the latest industry practice. We may not give notices for such changes.
Overblock grants you a limited, nonexclusive, nontransferable license to access and use the Site; however, Overblock reserves the right to transfer all its rights, interests or obligations under these Terms to any person and these Terms shall continue to be in force and effect for the benefit of the successors and assigns of Overblock
You may access and use the Site solely for the intended functions of the Service and other approved purposes as expressly permitted by Overblock. Any other use of the Site is expressly prohibited. When using the Site, you agree not to:
(1) Attack the Site or decompile, reverse engineer, disassemble or decrypt the Site, or attempt to derive the source code of the Site;
(2) Make any modification, adaptation, improvement, enhancement, translation, or derivative work to or from the Site;
(3) Violate any applicable laws, rules or regulations;
(4) Remove, alter, or obscure any proprietary notice of Overblock, its suppliers, partners, or licensors;
(5) Use the Site for any other purpose for which it is not designed or intended;
(6) Make the Site available over a network, or otherwise permitting access to or use thereof by multiple users at the same time;
(7) Use the Site to send automated queries or commercial advertisements;
(8) Make any unauthorized use of proprietary information or intellectual property of Overblock.
User Code of Conduct
When using or accessing the Site, you agree not to:
(1) Gain or attempt to gain, unauthorized access to the Site, accounts of other users or any other component of the Service;
(2) Use or attempt to use a web crawler on the Site;
(3) Cause a disproportionately large traffic on our infrastructure; or
(4) Upload any material or the Site that contains computer viruses, Trojan horses or worms.
Intellectual Property Protection
Software, program and content used or displayed on the Site, including but not limited to publication, image, file, information, data, structure of the Site, website layout, and website design are owned by Overblock or others which are protected by intellectual property and applicable laws including but not limited to trademark, patent, copyright, and trade secret. No one can use, modify, reproduce, broadcast, create derivative work, publicly display and distribute, publish, disassemble and decode without proper authorization. If you wish to use the aforesaid software, program or website content, you are required to obtain prior written notice from the Site or others. You will be held liable for damages to Overblock (including but not limited to attorney's fee) in the event you violate such stipulation.
When a member uploads content to our Site (including but not limited to copyright, trademark or other contents), he or she gives a free license to Overblock to use such content for the purpose of operating our Site and providing Service. Member shall guarantee all contents posted or uploaded to the Site do not infringe any third party's copyright, trademark and other rights or interest. If such infringement takes place, the member shall be responsible for all civil and criminal liability, and Overblock shall be held harmless and fully indemnified; if any loss occurs to Overblock, the member shall also liable for damages to Overblock (including but not limited to attorneys’ fee). If any third party informs Overblock of the foregoing right infringement, Overblock may remove the content in dispute.
The Site provides an online platform as a trading venue for virtual digital currency transaction between buyer and seller. Overblock is not a party to the contract of such transaction or any other contract between buyer and seller, and Overblock bears no legal liability for these contracts. Both parties shall take full responsibility arising from their contract and information regarding the publication of their trade. Overblock is not involved in any members’ transaction, and does not guarantee or otherwise acquiesce to guarantee any performance of such transaction. In the event disputes arise between buyers and sellers, please resolve the matter by yourself; Overblock will not be involved in such disputes. However, if Overblock receives complaints or obtains any knowledge regarding any members involved in fraud, transaction disputes or illegal misconduct, Overblock has the right to adopt necessary measures to protect the rights of members and its own rights as well. Overblock can screen out members and information or content provided by members. Overblock reserves the right to remove any content or information you provide to the Site. Overblock does not ensure members will be able to consummate transactions.
Overblock is highly concerned about the security of the Site and our Service. By registering on Overblock website, you agree to provide your latest and accurate personal information, and also agree to continue to update such information. You acknowledge you will not allow any others access into your account on the Site at any time.
In the event you establish or access into an account without using the interface provided by Overblock, your account, Service, and transaction will be immediately suspended. Any intent to or assistance in carrying out misconduct by using an account, whether by using instruction manuals, software or tools will also result in termination of such account. Apart from terminating such account, Overblock may also take further actions to counter such violation.
You are also responsible for the maintenance of the security of your account information, including your password and transaction record. You shall ensure the safety and confidentiality of your login credential, and prevent any unauthorized access to your account. If we learn of any suspicious activity in your account, we will freeze your account, and may request additional information from you, including verification documents, for our further procedures. You are obligated to comply with such safety requests and agree for us to freeze your account. If you learn of any unauthorized use of your account or password, or violation of confidentiality agreement, please inform Overblock via email email@example.com. Any member who violates such rules is subject to termination of the account, and bears the damages and legal liability to Overblock or any user of the Site.
You agree and acknowledge you will not carry out any forms of criminal conduct by using the Service, including but not limited to money laundering, illegal gambling, financing terrorism or malicious hacking activity.
You can terminate the agreement with Overblock, close your account, and complete any unfinished transactions any time you wish.
You agree that Overblock has the right to terminate your use of the Service, and close your account on the Site promptly following the occurrence of any matter set forth below,
1. Trying or assisting others to access other members’ account on the Site without authorization;
2. Having registered two or more than two accounts simultaneously, or providing account for third party's use with or without compensation;
3. Making changes, deleting or demolishing data, content and equipment on the Site or causing adverse effect on the Site's business operation by using robot account or other method.
4. Modifying, deleting or collecting others’ personal information without authorization by taking advantage of any existing defect of the Site, sabotaging or trespassing the security system.
5. Carrying out unlawful misconduct, including money laundering, illegal gambling, financing terrorism or other criminal activity.
6. Violation of the terms and conditions of use.
7. Defaulting on payment or conducting fraudulent transaction.
8. Difficulties in operation.
Once Overblock takes legal action at the request of any governmental authority or pursuant to the law, the matter shall be determined at Overblock's sole discretion.
You further agree that Overblock can terminate or suspend access to your account and the Site any time upon its sole discretion. If Overblock reckons that any member may cause any legal liability, or any member's conduct does not conform to the purpose of the Site (Overblock has sole discretion on this matter) it can exclude such member from the site by taking legal or technical measures. Overblock shall not be held liable for unilaterally suspending member's account or restricting member's access to the Site to any member or third party. Such suspension or restriction shall not affect the accounts payable accrued in past transaction or settlement of existing transaction. While your account is terminated or suspended, Overblock has the right to cancel or suspend ongoing transactions in such account, and Overblock shall not be held liable for any loss or damages arising from such cancellation or suspension.
Complaints and Resolution
Members may utilize the complaint function to complain to Overblock of any disputes while using Overblock's services. Depending on the result of Overblock's investigation into the complaint, Overblock may, in its sole discretion, decided to cancel a buyer's order, release a seller's virtual digital currency, freeze Members’ account, lock Members’ virtual digital currency, remove advertisements, ban transactions, ban the redemption of virtual digital currency, or any other measures Overblock deems necessary. Overblock shall have final say in the resolution of the complaint, and the Members shall have no objection.
In the event any Member engages in fraud or any other unlawful act and is being investigated by the police or other law enforcement or judicial agency, Overblock will provide transaction records and the personal information (including personal identification card, bank account information that is on record) of the accused to the police or other law enforcement or judicial agency.
We provide our Service in current condition for your use, and Overblock reserves the right to partially or completely modify the contents of the service at any time. Overblock does not expressly, imply or legally warrant, assert or state any guarantee regarding, including but not limited to, quality, performance, non- infringement, merchantability, fitness for a particular purpose, or any guarantee deriving from the course of transaction, practices or industrial guides. Subject to the foregoing, to the fullest extent of applicable law, Overblock does not guarantee that the Site, the Service and the content within the Service are accessible, non-interruptible, promptly provided, safe and reliable, correct, and complete. It also does not guarantee that any defects (if any) will be corrected, or the Site and the server is clear of any virus, bug, program lock, deadly device, Trojan Horse, routing, trap door, time bomb or any other malicious code, directive, program or component.
You shall have responsibility to ascertain whether the information you upload or publish is correct, and adopt pre-cautionary measures including backing-up the archive. Overblock is not responsible for any damages resulting from your use or inability to use the Site or the Service, and bears no obligation of notification. In the event any mistake occurs while handling your transaction, Overblock has the right to correct, remove, withdraw or delete the affected transaction, and Overblock will not be held liable for any damages caused to you.
You understand Overblock does not conduct prior review for content on the Site, and has no comprehensive control over member's activities on the Site; thus, you agree to use your own judgement and bear all risk regarding any content on the Site, including the correctness, completeness and practicality of such content. However, Overblock has the discretion to remove any content violating the Terms or any content that causes displeasure in others. You acknowledge and agree that Overblock has the right, to the extent reasonable and necessary, to preserve the content on the Site and disclose to the government authority, judicial police, custodian of minors and relevant members, for the following purposes:
1. At the request of applicable law or government authority
2. Necessary to provide the Service on the Site
3. Necessary to prevent others’ rights from substantial impairment
4. To prevent users’ and the public's life, body, freedom and rights from imminent danger
5. To determine liability in a transaction dispute, Overblock is permitted to provide relevant transaction information
6. Other circumstances Overblock deems necessary
Overblock has the right to temporarily or permanently modify or terminate the Service on the Site (partially or completely), and shall not be held liable to you or any third party.
You acknowledge that, within the fullest extent provided by applicable law, you shall personally bear the risk related to using the Site, the Service, or its efficacy.
Overblock has no control and in the fullest extent of applicable law, does not guarantee the matters set forth:
1. The purpose, existence, quality, safety or legality of virtual digital currency provided through the Site.
2. The capability of buyers to sell virtual digital currency, and sellers to make payment. You agree to bear the risk of dispute arising from using Overblock, and hold Overblock, and other relating parties harmless and indemnified regarding other claims, request or damages concerning such disputes.
Overblock does not own or control any of the underlying software through which virtual digital currency are created and transacted, such as blockchain technology.Overblock does not make any guarantee of the functionality, security or availability of such software or technology.
AlthoughOverblock uses commercially reasonable methods to provide exchange rate information to you through the Service, such information may differ from prevailing exchange rates made available by third parties. Moreover, the actual market rate at the time of your trade may be different from the indicated prevailing rate depending on the velocity of trading in the virtual digital currency involved in your trade.Overblock hereby disclaims all responsibility for any loss or damage arising from or relating to price fluctuations, latencies or differences in actual versus indicated prevailing rates.
Overblock may provide the prices, volatility, relevant news or other information about bitcoin or virtual digital currency. However, this should not be construed as investment advice but merely as an act of sharing information. You agree to not interpret the aforementioned data as investment advice.
Third party Content and Website
This website may provide content of a third party or links to other external links, which may link to websites operated or marketed by other businesses. However, this does not imply that Overblock is associated with such businesses. Overblock does not control and endorse or guarantee the accuracy and intactness of the contents of a third party and its websites. Overblock is not responsible for the contents, privacy policies and practices of third-party websites. You shall bear any direct or indirect damages or losses arising out of your reliance on any content, product or services of such website or source, and Overblock is not liable for such losses. Overblock has no obligation to ensure that the links lead to completely risk-free websites. Sites other than this website may involve legal or other actual risks and you should take precautions to ensure that the website you opt to use is free of viruses, malicious programs, or other similar programs.
You shall be mindful of not disclosing or allowing others to access or use your account number and/or password. You shall also ensure that regardless of whether intentional or incidental, you do not disclose, provide your username and/or password to another person or cause such person to such use, and that you keep your account and password confidential. Please do not employ information that is easily distinguished, e.g., your birthday, telephone number, or other identifiable letters of your name as your account or password. It is your responsibility to notify Overblock immediately if you deem your account and/or password is disclosed to others, lost or stolen.
Limitation of liability
Except as permitted by law, Overblock shall not be liable for any damages, profit loss, revenue loss, business loss, opportunity loss, loss of data, indirect loss or loss of any other types resulting from any conduct of this website or Overblock other than direct loss caused by Overblock's gross negligence or willful act. In addition, Overblock's liability to any individual member shall not exceed the fee charged to that member.
Members acknowledge and agree that all tax liabilities associated with the sale of virtual digital currencies shall be borne by both the buyer and the seller in accordance with relevant laws, and Overblock does not provide any law or tax advice. In addition, given that tax laws and regulations may be updated at any time, members shall immediately seek professional advice should he or she encounter any doubt. All tax related issues that you come across during transactions with Overblock are dealt in accordance with relevant laws such as Tax Law of the Hong Kong. At the request of the tax authorities, this website shall provide the information of this website's users or withhold taxes of same.
You shall be responsible for any litigation, incurred liability for compensation, litigation costs, requests for compensation and any direct or indirect loss of Overblock resulting from your breaching of these Terms. You shall compensate all loss (attorneys' fees included) suffered by Overblock and its shareholders, employees, agents, affiliates and co-manufacturers.
Overblock may cease to provide relevant services in cases of force majeure, changes in the law or policies or other factors beyond Overblock's control that result in Overblock's failure to perform the services of this website.
You consent to Overblock informing you of any notifications concerning the User Terms and any other agreements, announcements, or any issues regarding your use of the account or services of this website through electronic means, such as by e-mail, posting on this website or a partner's website or by wireless communication devices, etc. You agree the notice has been served on the day which this notice is transmitted through electronic means. Overblock is not liable for any failure to receive such notice on the day of transmission that results from information transmission or other reasons.
The validity, interpretation, application and dispute resolution of the Terms shall be governed by the laws of Hong Kong and shall be construed in accordance with that law. Both parties agree to negotiate on the principle of good faith for any disputes, controversies or disagreements arising from the use of this website or services or violation of the Terms on both parties. Both parties agree that the Hong Kong Court shall be the court of first instance for any dispute resolution.
You and Overblock may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, representative, consolidated or multi-claimant proceeding.
If any provision of these Terms is deemed unlawful, void or unenforceable, then that provision shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
Any delay or failure by Overblock to enforce any of its rights shall not constitute a continuing waiver of such rights.
These Terms and any policies or operating rules posted by Overblock constitute the entire agreement and understanding between you and Overblock, and supersede any prior agreements, communications and proposals, in any form, between you and Overblock (including but not limited to any prior version of these Terms).
If you have any question or comment on these Terms, or if you are aware of any violation of these Terms by Overblock's affiliates, please contact Overblock at: firstname.lastname@example.org.