These Terms of Use (“Terms”) constitute an agreement made between you (hereinafter referred to as “you” or “your”) and Oceanblue Fintech UAB, incorporated and registered in Lithuania with registration number 306111081, and whose registered address is at Vilnius žalgirio g. 90-100，LT-09303, the Republic of Lithuania (“Oceanblue” or “we” “us” or “our”) (collectively referred to as “Parties”)
These Terms, together with all Schedules, Appendice, policies and additional terms which are expressly incorporated into these Terms by reference, including (but not limited to) the Privacy Policy, Cookie Policy, Complaint Handling Policy, Risk Disclosure Statement, and such other terms and conditions referenced in these Terms or published on our website, mobile applications, APIs, or developer tools (the “Site”) from time to time (collectively hereinafter referred to as the “Agreement”), form a legally binding agreement between you and Oceanblue that governs your use of our Services (as defined below in clause 5) and associated Site, software, products, tools, materials and content unless explicitly stated otherwise in writing. You have to agree to additional terms and conditions to use certain Additional Services (as defined below).
All notification sent to you by us will be from the following email address: do_not_reply@email.swifthorizon.net. Please do not trust or open any link for document sent from an email other than the email address specified above. We shall not be liable for any losses or damages suffered by you in relation to contents of emails from an unauthorised source.
By registering an account with us and/or by accessing and using our Services (as such are described under clause 5 of the Terms), you agree that you have read, understood, and accept all terms and conditions contained in the Agreement and agree to be bound by them. If you do not agree with any provisions of the Agreement, you must not register an account with us nor otherwise access and use our Services. Accepting the Agreement does not automatically entitle you to register an account with us, or to access or use our Services.
We reserve the right to amend the Agreement at any time and at our sole discretion. Such amendments will be effective immediately upon being published on the Site. Please check the Site regularly for any such updates. You agree that your continued use or access of the Site, the account and/or the Services shall constitute acceptance of such amendments. If you do not accept such amendments to the Agreement, you must stop using or accessing the Site, the account and/or the Services.
We do not warrant the security of any information transmitted by you or to you through the Site or that there would be no delay, interruption or interception in data transmission. You accept the risk that any information transmitted or received through the Site may be accessed by unauthorized third parties, and that transactions over the Internet may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet. Regardless of any security measures taken by us, we shall assume no responsibility whatsoever for any loss or expense resulting from such delays, interruptions and/or interceptions.
Any materials, information, view, opinion, projection or estimate presented via the Site is made available by us for informational purposes only, and is subject to change without notice. You must make your own assessment of the relevance, timeliness, accuracy, adequacy, commercial value, completeness and reliability of the materials, information, view, opinion, projection or estimate provided in the Site.
You should be aware that when using our Services and the Site you are exposed to certain risks. Services offered by us include mainly services and products related to Digital Assets (as defined below in clause 4). Such Services carry a high degree of risk and may not be suitable for every person. Therefore, you should also be aware that buying, selling, trading and/or holding coins, tokens, crypto, Digital Asset or other forms of Digital Assets of the like involves significant risks and the Losses can be substantial.
Please refer to the Risk Disclosure Statement for a non-exhaustive summary of risks associated with buying, selling and/or trading Digital Assets through the use of our Services. You should carefully consider and assess whether the use of our Services as well as buying, selling and/or trading Digital Assets through the use of our Services is suitable for you and make prudent decisions based on your own financial circumstances and tolerance to risks.
By accepting the Agreement, and using our Services to buy, sell or otherwise trade Digital Assets, you expressly acknowledge, accept and assume the risks related to the use of our Services, including (but not limited to) the risks described in the Risk Disclosure Statement, which is expressly incorporated into these Terms and forms part of the Agreement between you and Oceanblue.
Capitalized words used in these Terms are defined, and shall have the meaning given to them in this clause 4.
(a) Applicable Law means all laws, orders, decrees, rules, regulations, circulars, notices or guidelines (including the requirements of any Regulatory Authority) having legal effect and as applicable to a party in respect of its rights and/or obligations under the Agreement in force in any applicable jurisdiction from time to time. These include (without limitation) anti-money laundering, anti-bribery, anti-terrorist financing, sanctions, data privacy, tax and consumer protection laws (as applicable).
(b) Digital Asset means any digital assets, including a virtual currency, cryptocurrency, token, coin, or virtual commodity, which is a digital representation of value (but which does not have legal currency or monetary status and which is not authorized or guaranteed by any Regulatory Authority), that are recognized as means of exchange by natural or legal persons and that can be digitally transferred, stored and traded, with or without conditions, and thus can be used for payment, investment or other purposes, as determined and approved by Oceanblue from time to time for use in connection with the Services.
(c) Digital Asset Address means an alphanumeric identifier that represents a possible destination or source for a Digital Asset transfer.
(d) Digital Asset Transaction means a transaction for the purchase or sale of Digital Assets by you through our Services, including crypto-fiat, and fiat-crypto transactions.
(e) Encumbrance means any: a) mortgage, charge, lien, pledge, trust, power or title retention or flawed deposit arrangement; b) right, interest or arrangement which has the effect of giving another person a preference, priority or advantage over creditors including any right of set-off; c) right that a person (other than the owner) has to remove something from land (known as a profit à prendre), easement, public right of way, restrictive or positive covenant, lease, or licence to use or occupy; or d) third party right or interest or any right arising as a consequence of the enforcement of a judgment, or any agreement to create any of them or allow them to exist.
(f) Event of Default has the meaning given to it under clause 15.
(g) Gas Fees has the meaning given to it under clause 9(d).
(h) Oceanblue Account has the meaning given to it under clause 7.
(i) Indemnified Party has the meaning given to it under clause 16.
(j) Fiat Currency means a currency designated as legal tender in a particular country or jurisdiction, such as Euros, and U.S dollars, as determined and approved by Oceanblue from time to time for use in connection with the Services.
(k) Instruction means an instruction given to us in relation to a Digital Asset Transaction, or other actions related to the use of our Services, the Agreement with Oceanblue generally.
(l) Intellectual Property Rights or IPR means patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
(m) Loss means any liability of any kind, loss, claim, damage, interest, fine, penalty, fee, charge, cost and/or expense (including reasonable and properly incurred legal and other professional fees, costs and/or expenses).
(n) Non-Cooperative Jurisdiction means any country or territory that has been designated as non-cooperative with international anti-money laundering principles or procedures by an intergovernmental group or organization, such as the Financial Action Task Force on Money Laundering (“FATF”). See http://www.fatfgafi.org for FATF’s list of non- cooperative countries and territories.
(o) Regulatory Authority means any governmental, regulatory authority or law enforcement department, agency, commission, board, tribunal, crown corporation or other law, rule or regulation making entity (including any stock exchange or central bank) in any jurisdiction.
(p) Sanctions means any economic sanctions laws, regulations, embargoes or restrictive measures administered, enacted or enforced by: (i) the United States government; (ii) the United Nations; (iii) the European Union; (iv) the United Kingdom; (v) Lithuania; (vi) any other jurisdictions selected for inclusion hereunder by Oceanblue from time to time; and/or (vii) the respective governmental institutions and agencies of any of the foregoing, including without limitation, the Office of Foreign Assets Control of the US Department of Treasury ("OFAC"), the United States Department of State, and Her Majesty’s Treasuries (together "Sanctions Authorities").
(q) Service has the meaning given to it under clause 5.
(r) Service Fee has the meaning given to it under clause 9.
(s) Site has the meaning given to it under clause 1.
(t) Taxes has the meaning given to it under clause 9(c).
(u) User Content has the meaning given to it under clause 21.
The headings in these Terms are inserted for convenience only and shall not affect their construction or interpretation. Documents incorporated by reference into these Terms form part of your Agreement with Oceanblue and shall have effect as if set out in full in the body of these Terms. Unless otherwise stated, references to clauses are to the clauses of these Terms.
A reference in these Terms to a particular law is a reference to it as it is in force for the time being taking into account any amendment, extension or re-enactment and includes any subordinate legislation for the time being in force made under it.
Unless the context otherwise requires, words in the singular shall include the plural and words in the plural shall include the singular. Words referring to a particular gender shall include the other gender.
These Terms shall be binding on, and enure to the benefit of, each of the parties and their respective personal representatives, successors and permitted assigns, and references to any Party shall include that Party’s personal representatives, successors and permitted assigns.
Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
A “person” includes a natural person, corporate or unincorporated body. A reference to “writing” or “written” includes email.
Oceanblue provides a platform that enables you to buy Digital Assets with a supported Fiat Currency by us or sell Digital Assets for a supported Fiat Currency by us through our partnered payment institutions on our Site (the “Core Services”). In addition to the above-mentioned services, additional services may be made available to users as prescribed by Oceanblue from time to time ("Additional Services"). Unless otherwise specified, Core Services and Additional Services hereinafter referred to as the “Services”.
For the avoidance of any doubt, Oceanblue does not or will not be in possession or in control of any of your funds, including Digital Assets or Fiat Currencies during any Digital Asset Transactions made with us. Please also note that we do not provide any custodian or wallet services for your Digital Assets or Fiat Currencies in relation to the provision of our Services ourselves. Any wallet services, if such are available on our Site, are provided by third-party service providers (such as MEXC.com). Accordingly, we act as principal of each Digital Asset Transaction you undertake with us. Therefore, aiming to use our Services, you shall have a fully operational Digital Asset wallet owned by you (“Digital Asset Wallet”), where any Digital Assets of yours could be stored, as well as an account opened with financial institution, where any Fiat Currencies of yours could be stored.
Oceanblue fulfills an order, meaning the purchase of Digital Assets from you or the sale of Digital Assets to you as specified in the order placed on our Site and the Agreement.
You may buy supported Digital Assets from us, and the price, the number of Digital Assets that you intend to buy from us, and the amount of Fiat Currency will be confirmed at the time when you place an order for a Digital Asset purchase;
Acceptance by us of an order for a Digital Asset purchase does not guarantee that you will receive the corresponding number of Digital Assets you intend to buy. The purchase is conditional upon actual receipt by us of the funds from your linked card, as well as the payment of any applicable fees. Upon the receipt of your Fiat Currencies by our partnered payment institutions, the corresponding number of Digital Assets purchased shall be transferred to your Digital Asset Wallet held with MEXC.com or other third-party service providers, which address you indicate to us. Please note that MEXC.com is a separate platform operated by a separate legal entity. Therefore, in case you are willing to use the wallet functionality of MEXC.com, you should read and comply with MEXC.com's separate terms and conditions for the use of its services and products, as necessary.
You acknowledge and accept that we are not at any time liable to you for any Losses whatsoever arising out of or in connection with your use of MEXC.com services.
You acknowledge and agree that we will, but not obligated to, make reasonable efforts to fulfil all purchases of Digital Assets, but may be unable to do so in some circumstances. If we fail to fulfil any part or all of your purchases, we will notify you and you may need to obtain a new quote if you still want to continue the unfulfilled purchase. We are not at any time liable to you for any Losses whatsoever arising out of or in connection with our failure to fulfil any part or all of your purchases.
In normal circumstances, card payment for the purchase of Digital Assets would be completed within 24 hours. However, circumstances exist beyond our control. You acknowledge we are not at any time liable to you for any Losses whatsoever arising out of or in connection with any failure, delay, disruption, interruption or cancellation for whatever reason.
You may sell supported Digital Assets to us, and the price, the number of Digital Assets that you intend to sell to us, and the amount of Fiat Currency will be confirmed at the time when you place an order for a Digital Asset sale.
Acceptance by us of an order for a Digital Asset sale does not guarantee that you will receive the corresponding amount of Fiat Currency you intend to sell. The sale is conditional upon actual receipt by us of the Digital Assets from you. Upon the receipt of your Digital Assets , the corresponding amount of Fiat Currencies shall be credited to your indicated account by our partner payment institutions.
You acknowledge and agree that we will, but not obligated to, make reasonable efforts to fulfil all sales of Digital Assets, but may be unable to do so in some circumstances. If we fail to fulfil any part or all of your sale, we will notify you and you may need to obtain a new quote if you still want to continue the unfulfilled sale. We are not at any time liable to you for any Losses whatsoever arising out of or in connection with our failure to fulfil any part or all of your purchases.
You acknowledge and agree that all instructions received from your Oceanblue Account will be treated as have been provided or authorized by you and you are fully and solely responsible for any Losses arising from or in connection with such instructions.
You authorize us to initiate the purchase at the quoted purchase price or initiate the sale at the quoted sale price by proceeding the orders to the next step on the Site. You also authorize us and/or our partnered payment institutions to debit any and all of your purchase price and associated fees disclosed to you, and to receive any and all of your sale price and associated fees disclosed to you.
You cannot cancel, reverse, or change any purchases or sales once you submit the orders for execution on the site to continue the purchase. You are responsible for ensuring that there are sufficient funds and/or credit limits to make the payment, otherwise the purchase or sale may not be fully fulfilled, and may be partially completed or even cancelled.
Please note that Oceanblue sells and purchases only those Digital Assets supported and listed on our Site, and such list for sale and purchase may change without prior notice to you from time to time. Oceanblue is not responsible for any delay or failure in the handling of operations arising as a consequence of any problems in the telecommunications, computer and other systems, block or closure of the accounts, freezing or holding of funds, denial of Services, in part or in whole. Respectively, we do not warrant that use of the Services and access to the Site will be uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected. No warranty is given that the Site will meet the requirements of any persons or are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros.
The Services stipulated in this Terms are only available to individual users. Oceanblue does not provide any financial or investment advice for you either. No information on the Sites shall be construed as an offer, solicitation, recommendation, financial or investment advice for you to effect any transactions or to conclude any legal act of any kind whatsoever.
By registering a Oceanblue Account and/or accessing and using our Services, you represent and warrant that:
(a) you are at least 18 years of age and fully eligible to use our Services in accordance with the laws of your jurisdiction or under the laws of any other jurisdictions to which you may be subject;
(b) you have full legal capacity and sufficient authorizations to enter into these Terms;
(c) you do not currently have a Oceanblue Account registered with us;
(d) you have not previously been suspended or banned from using any of our Services or had an account with us closed;
(e) you are not acting on behalf of any third party who is, or you are not subject to any Sanctions administered or imposed by any Sanctions Authority;
(f) that the bank account you are depositing/withdrawing Fiat Currencies for the purpose of use of Services is opened and shall remain opened in your name;
(g) buying, selling and/or trading Digital Assets and using our Services is not unlawful or prohibited under the laws of any jurisdiction to which you may be subject; and
(h) you are not located in, or a citizen or a resident of a country that is out of scope of our risk appetite.
You may use our Services only to the extent that all Applicable Laws permit. We have no obligation or capability to, and therefore do not, verify whether the use of our Services is permitted under the laws and regulations of any jurisdiction to which you may be subject, and we shall not bear any responsibility for your use of our Services in violation of any such laws and regulations.
If you no longer meet our eligibility criteria at any time after you register an account with Oceanblue, you must inform us immediately and we may suspend or close your account. For the avoidance of doubt, you cannot use the Site and the Services, if you fail to meet any customer due diligence standards, requests or requirements of us and/or are deemed high risk by us according to criteria established at the sole our discretion.
We may change our eligibility criteria at any time, including by introducing additional requirements. If we do so, we will update these Terms.
We reserve the right to refuse registration or the commencement of relationship with you under these Terms without reason. You acknowledge and agree that it is at our sole discretion whether to provide you with any or all of the Services.
You will need to register for an account (“Oceanblue Account”) to access and use some or all of our Services for the purposes of buying, selling and/or trading Digital Assets.
You may register a Oceanblue Account to access and use our Services as an individual under the laws of a jurisdiction that is not prohibited by us. Prior to registration of any Oceanblue Account or establishment of the business relationship with Oceanblue, you shall be required to go through our identity verification and customer due diligence process, as required to comply with Applicable Laws in relation to anti-money laundering, counter- terrorism financing, combating proliferation financing, and Sanctions. Your use of our Services is conditional on the successful completion of this process. From time to time, Oceanblue may ask you to provide additional information and documents to determine your eligibility to register a Oceanblue Account and use our Services.
You may need to agree to additional terms and conditions and/or complete additional verification procedure before you are permitted to access third-party websites, platforms or to use third-party services / products via the Site. You also acknowledge that we are not responsible if you are not allowed to access third party websites, platforms, services, products via the Site as such may be subject to additional / different customer due diligence requirements.
In certain circumstances, we or our partners may require you to submit additional information about yourself, your activities, or your transactions, to provide records, and to complete other verification steps so that we may, among others, establish the source of your wealth and funds for any transactions carried out in the course of your use of the Services.
We reserve the right to refuse to open a Oceanblue Account in our sole discretion without informing you for whatever reason, including (but not limited) where we are required or requested to do so by any national or international Regulatory Authority, or where you fail to provide us with sufficient information and documentation, to our satisfaction, to verify your identity or your eligibility to access and use our Services.
You are aware that Oceanblue Account can only be used by the person whose name it is registered under. You are fully responsible for all activities that occur under your Oceanblue Account, including for ensuring that all persons who access and or use our Services through your Oceanblue Account, are aware of the terms and conditions of your Agreement with Oceanblue and comply with them. You will be bound by, and hereby authorise Oceanblue, to accept and rely on, any Instructions, orders, transactions, notices, communications and any other actions initiated, made, provided or taken by anyone who has accessed or used your Oceanblue Account.
You may not register and/or maintain more than one Oceanblue Account and we may suspend or close your Oceanblue Account if we know or suspect that you are accessing our Services through multiple Oceanblue Accounts. Your Oceanblue Account is personal to you.
We strive to maintain the safety of user funds entrusted to us and have implemented industry- standard protections for the Services. However, there are risks that may arise from individual user actions. You agree to keep your Oceanblue Account login credentials safe and secure, and not share them with anyone. You also agree that you alone are responsible for taking necessary safety precautions to protect your own Oceanblue Account and information. You shall be solely responsible for the safekeeping of your Oceanblue Account and password on your own, and you shall be responsible for all activities under your Account. We will not be responsible for any loss or consequences of authorized or unauthorized use of your account credentials. If you lose or forget your Oceanblue Account login credentials, you should immediately contact us on [service@oceanbluelt.com]. We may require you to prove your identity and that the Oceanblue Account belongs to you before we take any action to restore access to your Oceanblue Account.
You are responsible for keeping electronic devices through which the Services are accessed safe and maintaining adequate security and control of any security details that are used to access the Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of such electronic devices and ensuring that such electronic devices are password protected.
We are not liable for any damage or interruptions caused by any computer virus or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available anti-virus software. You should be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us.
If you know of or suspect: (a) any unauthorised access or use of your Oceanblue Account, or (b) that your Oceanblue Account login credentials have been compromised, you should immediately contact us on [service@oceanbluelt.com]. Following such notification, we will investigate the matter and may require you to take certain actions in order to restore access to your Oceanblue Account. You hereby agree to provide all reasonable assistance and cooperation as we may require or request to restore your Oceanbluen Account.
You authorize us to make inquiries, either directly or through third parties, that are deemed necessary to verify your identity or to protect you and/or us against financial crimes and to take action that we reasonably deem necessary based on the results of such enquiries. When we carry out these enquiries, you acknowledge and agree that your personal information may be disclosed to third parties (such as, credit reference and fraud prevention or financial crime agencies, etc.) and that these agencies may respond to our enquiries in full. Additionally, we may require you to wait for a certain period of time after completion of a transaction before permitting you to use Services and/or before permitting you to engage in transactions beyond certain volume limits.
You must, in connection with the Oceanblue Account registration process, and thereafter upon our request, provide such information and documentation about you including (but not limited to) information to verify your identity, residential address, financial status and source of wealth, source of funds, activities, as we may require or request from time to time (the “Counterparty Information”).
You undertake unconditionally to provide such Counterparty Information as we and/or any third party service providers who we engage to perform customer due diligence, may require or request from time to time, whether
(a) on registering a Oceanblue Account;
(b) prior to execution of any Digital Asset Transaction;
(c) in relation to any suspicious activity relating to your Oceanblue Account;
(d) in connection with any compliance reviews that we carry out;
(e) as a result of any changes to Counterparty Information that you previously provided to us; or
(f) for any other reason.
As part of the Oceanblue Account registration process or any time thereafter, you may be redirected to a website maintained by a third-party service provider who we have engaged to perform customer due diligence and be requested to submit the Counterparty Information to our third-party service provider. Our third-party service provider may give us copies of all Counterparty Information that you have shared with it.
You hereby confirm that all Counterparty Information you provide to us and our third-party service providers will be true, complete, accurate, up-to-date and non-misleading and any supporting documentation shall be authentic and not modified in any way. You further undertake to provide us with at least five (5) Business Days’ prior written Notice of any material changes to the Counterparty Information, unless otherwise agreed and approved by us in writing. If you fail to provide any true, complete, accurate, up-to-date and non-misleading Counterparty Information, we and/or our third-party service providers shall have the right to send you a notice to demand corrections, remove relevant information directly, provide missing information etc., as the case may be, we may suspend the provision of our Services until and unless such Counterparty Information is provided. You shall be solely and fully responsible for any loss or expenses incurred during the use of the Services if you cannot be reached through the Counterparty Information provided.
We and/or our third-party service providers may make all necessary inquiries and run further checks on your identity and/or the ownership, and background of your business by contacting and consulting relevant registries, Regulatory Authorities or other resources that are available to us.
If we and/or our third party service providers have any reason to believe that any Counterparty Information that you have provided us is wrong, inaccurate, incomplete, outdated or misleading, we may require you to provide corrected, updated, accurate, complete and non-misleading information. If you fail to comply with any such request, it may delay or even prevent the registration of your Oceanblue Account, or if you already have a Oceanblue Account, we may suspend or close your Oceanblue Account. We and/or our third-party service providers may disclose any and all Counterparty Information provided by you to any national or international Regulatory Authority as required by Applicable Law.
Oceanblue makes money when you buy, sell or trade Digital Assets on our Site. By using our Services, you agree to pay all fees, and if applicable based on the Services, we do include a spread in the price to buy or sell Digital Assets through our Services (“Service Fee”). The applicable Service Fee shall be agreed by you and temporarily locked in the price for the execution of a Digital Asset Transaction while you review the transaction details prior to submitting your Digital Asset Transaction. Generally, in relation to the Service Fees:
(a) You agree to pay the Service Fee agreed between you and Oceanblue.
(b) Any Service Fees that we quote for execution of a Digital Asset Transaction shall, subject to subparagraphs 9(c) and 9(d) below, constitute the total fees (including any spreads, fees and/or expenses) payable to us for such Digital Asset Transaction. For the avoidance of doubt, we will not charge other extra service fees. Please note that the final price of each Digital Asset Transaction, inclusive of pricing and fees will be notified to you when you submit the Digital Asset Transaction for the execution.
(c) Our Service Fee does not include any taxes, levies, duties or other assessments of any nature, including for example value-added, sales, use, consumption or withholding taxes assessable by any jurisdiction (“Taxes”). You are responsible for paying all Taxes associated with any Digital Asset Transaction that you carry out through the use of our Services.
(d) Notwithstanding the above, an extra fee or expense may be incurred and charged by an independent third party including (but not limited to) your bank in connection with any transfers performed in relation to a Digital Asset Transaction (whether settlement of such Digital Asset Transaction finally occurs or not). Additionally, the transfer of Digital Assets on the applicable blockchain network may be subject to transaction processing costs (“Gas Fees”), which are not included in our Service Fees. You acknowledge and agree that you will be ultimately responsible for the payment of any Gas Fees and such extra fees to third parties associated with a Digital Asset Transaction performed through the use of our Services and you will reimburse us for any such fees that we have incurred or paid on your behalf.
(e) We reserve the right to adjust the Service Fees and any applicable waivers at any time.
You shall not use our Services for any illegal, malicious or improper purposes, including (without limitation): (a) activities related to human trafficking; money laundering, terrorist financing, proliferation of weapons of mass destruction; (b) manufacturing, transporting, developing, buying, selling, or otherwise facilitating any of the foregoing activities in relation to any goods or services that are illegal, or the promotion, offer or marketing of which is illegal; (c) the promotion, creation, dissemination or otherwise exploitation of any material or content that is illegal, obscene, pornographic, depicts paedophilia or other sexual content relating to children and/or minors, contains any propaganda promoting or glorifying war or violating human rights and/or dignity; (d) any activity that would violate the Intellectual Property Rights or other rights of any third party; (e) archaeological findings; (f) drugs, narcotics or hallucinogens; (g) weapons of any kind; (h) illegal gambling services; (i) Ponzi, pyramid or any other “get-rich-quick” schemes; (j) goods that are subject to any trade embargo; (k) media that is harmful to minors and violates Applicable Laws; (l) body parts or human remains; (m) the exploitation of endangered and protected animals or plants; (n) any activities that would violate or severely interfere with public interests or negatively affect the legitimate rights and interest of others, whether illegal or not; or (o) any other activity relating to illegal goods, services or transactions.
Without prejudice to the foregoing, you hereby agree that you shall not (a) use our Services to finance, engage in, or otherwise support any of the activities referred to in this clause 10; and (b) interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or otherwise access or attempt to gain access to any data, files, or passwords related to us through hacking, passwords or data mining, or any other means.
Where there is an error caused by a system failure or any other reasons in a purchase or sale order confirmation, processing your purchase or sale, or otherwise, we reserve the right to correct such error and revise your purchase or sale accordingly or to cancel the purchase or sale and refund any funds received.
All purchases or sales of Digital Assets made through our Services are final. No return or refund will be supported for your purchase of Digital Assets from us or your sale of Digital Assets to us, except as otherwise provided in the Terms. Where we deliver to you any excess Digital Assets or Fiat Currencies for any reason whatsoever, you agree that you will repay any excess amount to us and/or we may deduct such amount from any amount of Digital Assets or Fiat Currencies which is owed to you by us, or by our partnered payment institutions or by any of Oceanbluen affiliates.
We may, in our sole discretion and without prior written notice to you, suspend, restrict or terminate your access to and use of any or all of the Services, and/or de-activate and close your Oceanbluen Account with immediate effect for any reason, including but not limited to where:
(a) we reasonably believe that we need to do so in order to protect our reputation;
(b) we reasonably believe that you have breached any Applicable Laws;
(c) we reasonably believe that you have breached any of the terms of this Terms or any of your representations or warranties;
(d) we reasonably believe that you have engaged in any market misconduct or improper behaviour such as market manipulation;
(e) we reasonably believe that you are no longer suitable or eligible for the use of our Services;
(f) we reasonably suspect that an Event of Default has occurred or is likely to occur;
(g) we are, in our reasonable opinion, required to do so by Applicable Laws or pursuant to an order or direction from any Regulatory Authority to which we are subject in any jurisdiction;
(h) we have concerns that an order is erroneous or about the security of your Oceanbluen Account;
(i) we suspect that you use our Services in a fraudulent or unauthorized manner, or for any illegal activities;
(j) use of your Oceanblue Account is subject to any pending litigation, investigation, or government proceedings;
(k) if we receive legal documentation confirming your death or other information leading us to believe you have died;
(l) we reasonably believe that providing Services to you could be detrimental to our businesses including but not limited to our operation and systems;
(m) due to other reasons as indicated anywhere in the Agreement or applicable laws.
On closure of your Oceanblue Account, your Agreement with Oceanblue shall terminate and you shall no longer be entitled to access and/or use our Services. In case of any pending transactions, such transactions shall be cancelled upon Oceanblue Account closure event. In the event part of respective transaction was processed (i.e., if payments for Digital Assets were received or Digital Assets were deposited with us), such assets, at the discretion of Oceanblue, may be refunded to you by transferring the respective amount to your bank account (in case of fiat currency is received) or to your wallet (in case Digital Asset is received), or may be handled in such a way that Oceanblue considers to be the most appropriate.
However, any clauses forming part of your Agreement with us that are intended to survive termination (whether expressly or by implication), shall remain in full force and effect. We will make reasonable efforts to inform you of any such termination and / or suspension and / or closure in advance, or if this is not practicable, immediately afterwards and give its reasons for such actions, unless informing you would compromise security measures or is otherwise prohibited by law or regulatory requirements.
You may also request us to terminate your Oceanblue Account for any reasons. In such event, we will close your Oceanblue Account in 30 (seven) business days upon such request received from you via e-mail at [service@oceanbluelt.com]
During the business relationship between you and Oceanblue, a Digital Asset Transaction may be immediately cancelled, suspended or terminated by us, in our sole discretion and without prior written notice to you, prior to it being executed under the following circumstances:
(a) we reasonably believe that your use of our Services is in violation of any Applicable Laws;
(b) we reasonably believe that you have breached any Applicable Laws;
(c) we reasonably believe that you are no longer suitable or eligible for the use of our Services;
(d) we reasonably believe that you have engaged in any market misconduct or improper behaviour such as market manipulation;
(e) you fail to make any required payment or deliver any agreed Digital Assets as required;
(f) an Encumbrance is known or suspected to exist on the Digital Assets or fiat currency you deliver to us;
(g) in our reasonable opinion, the performance or enforcement of any rights or obligations under these Terms, or otherwise related to the provision of Services to you is likely to contravene Applicable Laws;
(h) we are required to terminate a Digital Asset Transaction (or any part thereof) pursuant to an order or direction from any Regulatory Authority (whether or not the request is legally binding on us);
(i) we consider it necessary, in our sole and absolute discretion (to be exercised in good faith), to terminate a Digital Asset Transaction to maintain the security and integrity of our Services or systems;
(j) we reasonably believe that an Event of Default (as set out in clause 15 below) has or is likely to occur;
(k) due to other reasons as indicated anywhere in the Agreement or applicable laws;
(l) we reasonably believe that providing Services to you could be detrimental to our businesses including but not limited to our operation and systems.
If we cancel, suspend or terminate any Digital Asset Transaction prior to its execution in accordance with this clause 14, we will give you notice and set out the reasons for such cancellation, suspension or termination, unless we are prevented from disclosing such information to you under Applicable Law or pursuant to an order or direction from any Regulatory Authority.
You agree that we shall have no liability or responsibility for refusing to complete and/or cancelling and/or terminating your Digital Asset Transaction, reversing a transaction, suspending, restricting, or terminating access to the Services (including freezing and locking asset in your Oceanblue Account), and/or terminating your Oceanblue Account for the reasons anywhere in the Terms or the Agreement.
Each of the following events is deemed as an “Event of Default”:
(a) any information or documentation that you provide to us (when registering a Oceanblue Account or at any time thereafter) is incorrect, incomplete, out-dated or misleading;
(b) where you fail to comply with any provision of, or perform any obligation under this Terms in connection with any Digital Asset Transaction;
(c) any representations and/or warranties made by you cease to be true or accurate in any material respect; or
(d) we receive notice or have reason to suspect that any Fiat Currency or Digital Assets that you transact with through the use of our Services are Encumbered, is the subject of an ownership dispute with another person, stolen or otherwise were not lawfully acquired by you, or directly or indirectly linked to an illicit source.
You agree to defend, indemnify, and hold harmless Oceanblue and our affiliates, and each of their and our employees, directors, agents and representatives (each an “Indemnified Party”) from and against any losses incurred or suffered (whether directly or indirectly) by such Indemnified Party to the extent that any such Loss arises out of or in connection with:
(a) the occurrence of an Event of Default;
(b) your breach of any of representations and warranties set out in these Terms;
(c) your breach of any Applicable Laws;
(d) any act or omission on your part (including any default, negligence or fraud);
(e) your use of our Services.
You hereby represent and warrant to Oceanblue:
(a) the Counterparty Information that you provide to us and/or our third-party service providers is true, complete, accurate, up-to-date and non-misleading in all respects, except to the extent that you have given us prompt Notice of any changes to such information in writing;
(b) these Terms, together with the other terms and conditions incorporated by reference into these Terms and forming part of your Agreement with Oceanblue, constitutes and creates legally binding obligations on you and are enforceable against you;
(c) you understand the nature and risks of the subject matter of these Terms and Digital Asset Transactions, and are capable of assuming, and will assume, all risks associated with the Terms, the use of our Services and any Digital Asset Transactions, including (without limitation) those set out in the Risk Disclosure Statement;
(d) neither the entry into the Agreement with Oceanblue, nor completion of any Digital Asset Transactions through the use of our Services, does not or will not violate any statute, regulation, rule, judgment, order, decree, ruling, charge or other restriction of any government, governmental agency, or court to which you are subject, or conflict with, violate or constitute a default under any agreements, debt or other instrument to which you are a party;
(e) you enter into this Terms in your own capacity for your own benefit;
(f) you will not use our Services for any illegal, illegitimate, malicious and/or illicit purposes;
(g) you will not knowingly or recklessly use and/or take advantage of a technical or technological error, loophole or glitch on our Site or our Services. You agree and undertake not to:
− use or upload, in any way, any software or material onto the Site, in particular those that contain, or which you have reason to suspect contain, computer virus or other malicious, destructive or corrupting code, agent, program or macros (including those which may impair or corrupt the Site’s data or damage or interfere with the operation of another user’s computer or mobile device or the Site);
− post, promote or transmit any materials or information through the Site which are or may be illegal, misleading, incomplete, erroneous, offensive, indecent, defamatory or which may not be lawfully disseminated under applicable laws or which are otherwise objectionable; or
− use the Site other than in conformance with the acceptable use policies of any connected computer networks, any applicable internet standards and any other applicable laws.
(h) you agree to comply with all guidelines, notices, rules and policies pertaining to the use and/or access of the Site and the Services. You hereby acknowledge that we may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or remove the Site (whether in whole or in part), and shall not be liable if any such upgrade, modification, suspension or discontinuation prevents you from accessing the Site or any part thereof;
(i) You acknowledge and agree that any records created and maintained by us of the communications, transactions, instructions or operations made or performed, processed or effected through the Site or in relation to the Site by you or any person purporting to be you, acting on your behalf or purportedly acting on your behalf, with or without your consent, shall be binding on you for all purposes whatsoever and shall be conclusive evidence of such communications, transactions, instructions or operations;
(j) you are the sole legal and beneficial owner of all Digital Assets sold, transferred or delivered with good and marketable title free of any Encumbrances thereto, and you have the absolute right to sell, assign, convey, transfer and deliver such Digital Assets free and clear of any Encumbrances;
(k) unless expressly agreed by us, no third-party agent, broker, finder or other entities acting on your behalf is or will be entitled to any brokers’ or finders’ fee or any other commission or similar fee from us in connection with any Digital Asset Transactions that you perform through the use of our Services;
(l) you agree, understand and acknowledge that we do not provide and will not provide any investment advice in connection with our Services and you are solely responsible for any and all decisions that you take to buy, sell or trade Digital Assets through the use of our Services;
(m) you have adequate information to make an informed decision to use our Services and enter into Digital Asset Transactions. You are solely responsible for your decision to undertake each Digital Asset Transaction and you confirm that you have evaluated and understand all risks related to each Digital Asset Transaction;
(n) other than as expressly set forth in these Terms, you acknowledge that you have not relied on any statements or other representations by us (whether written or oral, except those expressed in these Terms) when entering into any Digital Asset Transactions;
(o) you will not carry out any transactions involving or by the use of our Services where any of such transactions is likely, or you have reasonable grounds to believe it to be illegal, illegitimate, malicious, illicit, or in contravention of anti-money laundering regulations, Sanctions or any other Applicable Laws; and
(p) any cards linked to your Oceanblue Accounts are under your name, and belong to yourself rather than any third party.
(a) Neither Oceanblue, nor any of our affiliates, group companies or their respective directors, employees, agents and representatives shall be liable for any damage or losses caused by errors or omissions in any information, or instructions provided by you in connection with your use of our Services, or any action taken by Oceanblue at your direction or pursuant to your instructions.
(b) Under no circumstances will Oceanblue or our affiliates, group companies and their respective directors, employees, agents and representatives be liable for any indirect, special or consequential losses of any kind arising from your use of our Services, including (without limitation) loss of profit, income, revenue, anticipated saving, loss resulting from business interruption, depletion of goodwill, pure economic loss or any like loss. Oceanblue will not be liable for any delay, loss or damages to the extent such delay, loss or damages are attributable to your acts or omissions, or the acts or omissions of any third party.
(c) Under no circumstances will Oceanblue or our affiliates, group companies and their respective directors, employees, agents and representatives be liable for any damages caused by actions of other third parties or any actions without authorisation by us.
(d) Notwithstanding the foregoing, to the fullest extent permitted by Applicable Law, our total aggregate liability and the total aggregate liability of Oceanblue’s affiliates (and our and their respective employees, directors, agents and representatives) arising out of or in connection with these Terms and/or the Agreement, whether in contract or in tort or other legal theory, shall not exceed the total amount of Service Fees that you have paid to us in connection with your use of our Services during the previous month immediately preceding the event giving rise to the claim for liability.
(e) Nothing in these Terms shall limit or exclude liability for any matter in respect of which it would be unlawful to limit or exclude liability under Applicable Law.
We respect and endeavour to protect your privacy. We are the “data controller” and will be responsible for personal data collected from you. As the data controller, we will determine the means and purpose of processing your personal data and implement the organizational and physical security measures in compliance with the General Data Protection Regulations, our Privacy Policy and Cookie Policy. Please refer to our Privacy Policy and Cookie Policy for details in terms of how we collect, use, store and retain your personal information.
(a) Except for any User Content provided by you, all Intellectual Property Rights arising out of or in connection with our Services and/or our Site, including, but not limited to, website logos, databases, website design, text and graphics, software, photos, videos, music, sounds and any combinations of the aforementioned files, and the Intellectual Property Rights of software compilation, associated source code and software (including small applications and scripts) shall be owned by Oceanblue or its licensors.
(b) Oceanblue grants you a limited, non-exclusive, non-sublicensable, non-transferable, royalty free licence to access and use our Services for lawful purposes in accordance with these Terms. You may not re-sell, distribute, copy, share, reverse engineer, modify or create derivative works of our Intellectual Property Rights in any way or by any means. You may not use any name, mark, logo or domain name that is in any way similar to Oceanblue’s marks, logos and domain names. You must refrain from any action or omission that may dilute, damage or interfere with Oceanblue’s Intellectual Property Rights. The licence granted under this clause 19(b) shall automatically cease and be revoked if your Oceanblue Account or the use of our Services is suspended or terminated for whatever reason.
(c) You shall not illegally use or dispose of Oceanblue’s, or any other person’s, Intellectual Property Rights in connection with your use of our Services. For any information that you publish on our Site, you may not publish or authorise other websites (or media) to use such information in any manner whatsoever.
(d) Your logging onto your Oceanbluen Account or use of any of our Services shall under no circumstances be deemed to constitute a transfer or assignment of any of our Intellectual Property Rights to you.
In the event that you post, provide, submit, upload or otherwise publish any information, text, data, materials, images or other content on our Site or in connection with your use of our Services (“User Content”), you represent and warrant that (a) you own or have the right to grant a right to use such User Content as set out in these Terms; and (b) the User Content and its use by Oceanblue as licensed in this clause 21 does not and will not violate, misappropriate or infringe the Intellectual Property Rights of any third party.
You hereby grant Oceanblue a royalty free, fully paid-up, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, copy, modify, create derivative works of, display, perform, publish and distribute, in any form, medium or manner any User Content.
Oceanblue reserves the right to remove any User Content from its Site or the Services at any time in our sole discretion.
For your convenience, we may display third-party content, data, adverts, links, promotions, logos, products, services, branding, offers or other materials and information in connection with your access and use of our Services. Oceanblue does approve of, control, endorse or sponsor any third parties or their content and makes no representations or warranties in relation to such third-party content.
We are not responsible for the content of any third-party websites that may be linked via our Services, nor should you assume that we have reviewed or approved such third-party websites or their content, nor do we warrant or represent that the links to such websites work, are secure or up to date. You click any links ad visit any websites at your own risk.
Our Services are provided “as is” and except for the warranties expressly set out in these Terms, all other warranties of any kind (whether express or implied and including, without limitation, warranties relating to satisfactory quality, fitness for purpose or merchantability) are excluded to the maximum extent permitted by Applicable Law.
Without limiting the foregoing, we make no warranty that (a) our Services will meet you requirements; (b) our Services will always be available or uninterrupted, timely, secure or otherwise error-free, (c) our Services will be free of any viruses, vulnerabilities or other harmful components; (d) any fiat currency or Digital Assets transferred to you in connection with your use of our Services is free of any Encumbrance and not the subject of a dispute or claim.
Although we will use reasonable endeavours to maintain the accuracy of any information and content provided through our Services, we do not warrant that such information and content shall be accurate, reliable, up-to-date or adequate. Oceanblue shall not be liable for any Loss or damage that you may suffer or incur (whether directly or indirectly) from your use of such information and content.
By accepting these Terms, you acknowledge that we are not and to any form cannot be considered as financial advisor company, a financial brokerage company or an investment company or fund. By providing the Services we do not provide financial advice in any form.
You are aware that the Oceanblue Account is not a bank account, payment account, electronic money account or interest-bearing account and it cannot be associated with these types of accounts and their benefits, including, but not limited to, payment of interest, protection by law, deposit and investment insurance
Oceanblue shall not be liable or responsible to you, or be in breach of these Terms, for any failure, delay, interruption or unavailability in the provision of Services or the performance of our obligations hereunder, if and to the extent the foregoing is caused by or results from acts beyond our reasonable control, including, without limitation: (a) acts of God; (b) flood, fire, earthquake, pandemic or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist, hacking or cyber threats, attacks or acts, or other civil unrest; (d) any Fork or vulnerability affecting the underlying software protocols governing the operation of any Digital Asset from time to time; (e) any laws, statutes, ordinances, rules, regulations, judgments, injunctions, orders and decrees; (f) action by any nation or government, any state or other political subdivision thereof, any entity exercising legislative, judicial or administrative functions of or pertaining to government, including, without limitation, any government authority, agency, department, board, commission or instrumentality, and any court, tribunal or arbitrator(s) of competent jurisdiction; or (g) other circumstances affecting the supply of goods or services.
We do not make any representation, warranty or otherwise whether the buying, selling or trading of Digital Assets that you carry out through our Services will be subject to any taxation of whatever nature by any authority anywhere in the world. You should obtain independent advice with respect to all Tax and other implications concerning Digital Assets Transactions and/or the use of our Services.
It is your sole responsibility to determine what (if any) Taxes apply to you in connection with any Digital Asset Transaction and/or the use of our Services. You are solely responsible for the assessment, collecting, reporting, payment and/or remittance of the correct Taxes to the relevant competent tax authority in respect of your Digital Asset Transactions and use of our Services. We are not obliged to, nor will we, provide any tax advice to you, determine whether Taxes apply, and we will not calculate, collect, pay or remit any Taxes to any tax authority arising from any Digital Asset Transaction, which is strictly your sole liability unless a tax authority and/or Applicable Law requires us to make any form of deduction or payment in respect of the Tax for which you are liable. In the latter case, you shall increase the amount payable to make up such deduction or payment so we receive the same amount as we would have received if no deduction or payment had been required. We may make such deduction and/or payment to a relevant competent tax authority and you shall indemnify and reimburse us for such payment/deduction and any costs relating to the same, and agree that we shall be entitled to set off such payment in accordance with this clause 25 from any amounts due to you. In the event a tax authority requires information from us in relation to you and/or a Digital Asset Transaction, you hereby agree that we may provide such requested information.
We do not make any representation or warranty regarding any requirement for you to register, obtain or maintain any kind of licence, authorisation or other consent from any Regulatory Authority anywhere in the world in connection with your use of our Services. You should obtain independent advice with respect to your regulatory standing and you shall be solely responsible for your own compliance with any regulatory rules that may apply to you.
We are not responsible and will not become involved in any disputes between users of our Services. If you have a dispute with any other users, you release us, our affiliates and our third party service providers, as well as each of our and their respective officers, directors, agents, employees and representatives, from any and all claims, demands and damages (actual or threatened) arising out of or in any way connected with such dispute.
Where we are required pursuant to Applicable Law to become involved in any dispute between you and another user of our Services, you agree to indemnify us for all costs and expenses (including legal fees) that we may incur employees and representatives, from any and all claims, demands and damages (actual or threatened) arising out of or in any way connected with such dispute.
Where we are required pursuant to Applicable Law to become involved in any dispute between you and another user of our Services, you agree to indemnify us for all costs and expenses (including legal fees) that we may incur.
We are entitled to make use of third parties as subcontractors or to provide services to us that we use in connection with the provision of our Services to you, and to change those third parties from time to time.
We may amend these Terms from time to time in our sole discretion due to changes to our Services, regulation and/or for any other reason. If we do, we will post the updated version of these Terms on the Site and you are sole responsible for checking the latest version from time to time.
Any amendments to the Terms shall take effect immediately after posting the updated version of these Terms on the Site. You continued use of our Services following the effective date of such amendments shall constitute your acceptance of the amendments.
If you do not agree to any amendments to these Terms, you should cease using our Services and close your Oceanbluen Account. Please check our Site for the latest version of these Terms each time you access our Services so that you are familiar with the version that applies at that time.
We do not make any payments or deliveries to a third party other than yourself.
This Terms shall be binding on and inure to the benefit of the parties and their respective successors and permitted assigns. Oceanblue may assign, transfer or otherwise deal with its rights under these Terms without your prior written consent. If you are not satisfied with any assignment, transfer or other dealing as contemplated by this clause, you should stop using our Services immediately. You may not assign, transfer or otherwise deal with your rights and/or obligations under these Terms without the prior written consent of MEXC Lithuania, such consent to be subject to Oceanblue’s sole and absolute discretion.
Any assignment, transfer of rights under this Terms or the creation or variation of any interest in such rights in violation of this clause 29(d) shall be null and void.
These Terms do not create any agency, partnership, employment or fiduciary relationship between you and Oceanblue. Save as expressly provided in these Terms, these Terms do not confer any third-party rights.
If the whole or any part of a provision of this Terms is void, unenforceable or illegal in a jurisdiction, it shall be deemed severed for that jurisdiction. The remainder of this Terms shall remain in full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this Terms or is contrary to public policy.
This Terms shall be governed by, and construed and enforced in accordance with, the laws of Republic of Lithuania, without giving effect to the principles of conflicts of law thereof.
If any controversy, claim or dispute arises out of this Terms, you and Oceanblue shall first use best efforts to communicate with each other and negotiate in good faith to resolve such controversy, claim or dispute. If such negotiation fails, each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Lithuania.
The rights, powers and remedies provided in this Terms are cumulative with and not exclusive of the rights, powers or remedies provided by laws.