Terms and User Agreement
Last updated: 17 November 2022
BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE USER AGREEMENT. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SERVICE OR WEBSITE.
1.1 In these Terms and User Agreement, unless the context otherwise requires, the following expressions, Appendices and the Related Agreements, capitalized terms not otherwise defined in this User Agreement, Appendices and the Related Agreements will have the following meaning:
1.2 “Account” indicates a User account, including OJA Digital Asset Wallet, OJA E-Wallet, OJX Mobile App Wallet which gives access to the Services.
1.3 “Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, the Website.
1.4 “We/Us/Our” means OJA GLOBAL HOLDINGS LTD., a company registered under England and Wales, with registration number 13813234.
1.5 “OJA” means OJA Coin., a limited private company under England and Wales law, with its registered office at 128 City Road, London, EC1V 2NX the United Kingdom and registered under OJA GLOBAL HOLDINGS LTD given by Companies House, Cardiff, under the company registration number 13813234.
1.6 “OJA Digital Asset Wallet” means the wallet feature offered by OJA, on behalf of the Company, to Users for the storage and retrieval of a limited number of Digital Asset as offered within the OJA Platform.
1.7 "OJA E-Wallet" means the wallet feature offered by OJA to Users for the storage and retrieval of OJA Coin.
1.8 "OJA Platform" the online platform of OJA, accessible via the Website, on which a limited number of Digital Assets are offered and solely - as the platform is exclusively available to Users - can be traded between Users.
1.9 “Digital Asset” means a digital representation of value that is neither issued by a central bank or a public authority, nor necessarily attached to a fiat currency but can be accepted by natural or legal persons as a means of payment and can be transferred, stored or traded electronically.
1.10 “Funds” means the funds, which can consist of Digital Asset and/or OJA E-Wallet, as deposited by User on the OJA Digital Asset Wallet and/or OJA E-Wallet as linked to the Account.
1.11 “Buyer” means the User who submits an Order to buy Cryptocurrencies through OJA Platform.
1.12 “Seller” means the User who submits an Order to sell Cryptocurrencies through the Platform.
1.13 “Fiat currency” means government-issued currency, that is designated as legal tender in its country of issuance through government decree, regulation, or law.
1.14 “Deposit” means a Transaction involving transfer of Funds to the Account.
1.15 “Order” means an instruction to buy or sell Digital Asset on the OJA Platform.
1.16 “Transaction fee” means a fee which is payable to OJA for each completed Transaction.
1.17 “Withdrawal” means a Transaction involving a transfer of Funds from the User’s Account to his/her bank account or to an account opened in any other financial institution. Where the context so admits words denoting the singular shall include the plural and vice versa.
1.18 “Services” means all services as offered by OJA and as specified in articles 5, 6, 7, 8 and 13 of the User Agreement.
1.19 “User” means an individual or a legal entity (represented by an authorised individual) that has created an Account and uses the Services.
The User Agreement applies, insofar relevant for the activities as provided by OJA.
2.1 Access to the Website is free of charge and provided “as is” and on an “as available” basis. We may alter, suspend or discontinue the Website (or any part of it) at any time and without notice. We will not be liable to you in any way if the Website (or any part of it) is unavailable at any time and for any period.
2.2 Links to Other Websites
Links to other websites may be included on the Website. External links to other websites contained on this Website are being provided as a convenience and for informational purposes only. Unless expressly stated, these other websites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another website on the Website is for information only.
3.1 Using the Services involves significant risks. User should not use the Services unless User understands the associated risks. Please read the Risk Disclosure Statement to understand the risks related to the Services.
3.2 User should carefully assess whether User’s financial situation and tolerance for risk are suitable for using the Services and User should not use Funds for the Services that User is not prepared to lose entirely as there is an inherent risk that losses will occur as a result of using the Services.
4.1 Accounts are individuals or legal entities (represented by an authorised individual) who are resident in or established in Europe, the USA, UK, North America, Eastern Europe and Northern Asia China, Australia, Oceania, Africa, The Middle East, South Asia and South East Asia Countries.
4.2 User is at least 18 years old and has full capacity to accept the User Agreement, to use the Services and to enter into a transaction involving Digital Asset and is acting on its own behalf.
4.3 If the User is a legal entity, the Account may only be used by a person authorised to act on behalf of the legal entity. It is the responsibility of such User to limit access to the Account to authorised persons only.
4.4 User acknowledges and agrees to provide OJA with current, accurate and complete information during the registration and verification process. Additionally, the User agrees to keep OJA updated if any of the provided information changes.
4.5 User agrees that he/she will not use any Account other than their own or access the Account of any other User at any time or assist others in obtaining unauthorized access.
4.6 User is responsible for maintaining the confidentiality of information on their Account, including, but not limited to their password, email, wallet address, wallet balance and of all activities including Transactions made via their Account. If there is any suspicious activity related to the User’s Account, OJA may request additional information from the User, including authenticating documents and freeze the Account for the review time. The User is obligated to comply with these security requests or accept termination of their Account.
4.7 User acknowledges and agrees that he will not use the Account and the Services to perform criminal activities of any sort, including but not limited to money laundering, terrorist financing, fraud or any other criminal or illegal activity as described in more detail in Appendix 1.
4.8 User acknowledges and agrees that he may create only one Account. Creating multiple accounts for any purposes is prohibited. Duplicate accounts will be closed and in most cases the customer will be required to use their main (oldest) account. It is not allowed to transfer an Account to another person or entity and can only use the Services acting on its own behalf unless OJA has granted its prior written permission to do so.
4.9 OJA reserves the right to recommend amount limits for the Account funding/withdrawal. OJA could recommend daily, monthly and per one-transaction amount limits.
4.10 OJA reserves the right to refuse Accounts without reason and to not further process the verification.
5.1 The creation of an Account and use of the Services can be subject to several levels of verification as described in more detail in Appendix 2. User agrees to provide OJA with the requested information for purpose of Know Your Customer rules, detection of money laundering, terrorist financing, fraud or any other criminal or illegal activity and agrees to provide OJA with additional information and/or require to undergo a background check, in accordance with applicable laws and regulations or the internal rules of OJA, prior to being authorised to use the Services or at any point thereafter.
5.2 User acknowledges and agrees that OJA may disclose personal data of User to third parties in order to do several verification checks or to check the relevance and accuracy of the information provided for verification purposes.
5.3 OJA reserves the right to amend the verification process and to require additional and/or updated information from verified Users for additional verification.
5.4 OJA reserves the right to cancel and/or terminate Accounts that have not been verified or whereby not all required information has been received for additional verification or whereby additional or updated information includes information that is a reason for OJA to cancel and/or terminate the Account.
5.5 Information and documentation provided by the User will be stored as long as required by law or, if not required by law, no longer than is strictly necessary to realise the objectives for which the information and documentation, including User’s personal data, was obtained.
6.1 The Website allows Users to submit instructions to buy or sell Digital Asset on the OJA Platform.
6.2 OJA may apply minimum and maximum sending funds amounts which can vary for each account level.
6.3 User is aware that an Order should only be submitted after careful consideration and User understands and accepts consequences of its execution. User agrees that as soon as the Order is executed, such transaction is irreversible and may not be cancelled. User agrees that after entering into the User Agreement, OJA will directly perform its obligations under the User Agreement. Transactions may be executed instantly and will be considered to have taken place at the execution date and time.
6.4 User acknowledges and agrees to be responsible for all provided Orders and instructions, the accuracy of all information sent via the internet in Users name and the passwords and any other personal identification means implemented to identify User.
6.5 User is aware of the risk that the execution price of a market order may differ significantly from the given indication price. Additionally, the User is aware that market orders are not guaranteed executable due to the availability of sufficient supply or demand.
6.6 User acknowledges and accepts that limit orders and stop-loss orders are not guaranteed executables at the price or amount specified by the User.
6.7 User is not entitled to take advantage of any errors on, or made by OJA. OJA maintains the right to correct any errors, to both the advantage and disadvantage of the User, by reverting or reclaiming transactions.
6.8 In the case of suspected fraud or misuse, OJA reserves the right to suspend Orders and transactions until the legitimacy has been verified.
7.1 OJA offers Users the possibility to store Funds on their Account to facilitate Users with respect to buying, selling or trading Digital assets on the OJA Platform. OJA reserves the right, if this might be doubtful or if this is not the case, to return the Funds to the destination of their origin or any other place as suggested by the User (e.g. external wallet address) and agreed by OJA.
7.2 User agrees and warrants that all (current and future) Funds in the Account are not the direct or indirect proceeds of any criminal or fraudulent activity as described in more detail in Appendix 1.
7.3 The User is not allowed to receive Funds in the Account from any third parties. OJA reserves the right to investigate the source of any Funds in the Account and take appropriate measures with a view to mitigate potential integrity risks. Depending on the outcome of this investigation, OJA reserves the right to return the Funds to the destination of their origin or any other place as suggested by the User (e.g. external wallet address) and agreed by OJA.
7.4 User acknowledges and agrees that he must check all deposits or withdrawals thoroughly before giving any deposit or withdrawal instruction. Once an instruction is provided, deposits or withdrawals can be made final by OJA at any moment and such deposits or withdrawals may not be canceled and are irreversible. Any mistakes in submitted deposits or withdrawals are the sole responsibility of the User.
7.5 User acknowledges and agrees that deposits and withdrawals of Funds may be delayed or (temporary) unavailable due to the financial system or due to the inherent nature of the Digital Asset network.
7.6 In the case of suspected fraud or misuse, OJA maintains the right to suspend deposits and withdrawals until the legitimacy has been verified.
7.7 User acknowledges and agrees that OJA may use a so-called ‘cooldown period’ for deposits due to which the withdrawal of Funds can be delayed.
7.8 The Company is responsible, as concluded in the cooperation agreement, for managing all Funds for and on behalf of the Users.
7.9 If an Account remains closed or dormant for a long enough period of time, and OJA is unable to contact the User, OJA may be required to report any reaming Funds in the Account as unclaimed property if required by law. OJA reserves the right to deduct an administrative fee resulting from such unclaimed funds if permitted by applicable law. If OJA is unable to contact User and the costs of holding the Funds in an Account and/or the costs of a transfer of the Funds to another party to hold the Funds on behalf of User are higher than the (estimated) value of the Funds, OJA can close the Account whereby User has no right to obtain the Funds anymore.
7.10 OJA Coin are exclusively offered by OJA and could only be used within the OJA Platform. OJA Coin are designated for support and facilitation reasons with respect to payment transactions of Users related to their transactions (i.e. the purchase or sale of Digital Asset) on the OJA Platform.
7.11 OJA Coin will automatically be issued by OJA upon receipt of payment in Euro/USD/IDR by the Company on behalf of OJA and without delay. OJA issues OJA Coin at par value, due to which the OJA Coin will have the same amount as the Euro/USD/IDR received, and therefore OJA Coin is issued for every nominal received. OJA Coin issued to a User will be added to the OJA Coin E-Wallet linked to the Account of the User.
7.12 OJA Coin will be shown as an account balance associated with the Account of the User.
7.13 User acknowledges and agrees that, although the company will take reasonable measures to secure the OJA E-Wallet, storing OJA Coin in an OJA E-Wallet involves significant risks, as described in more detail in the Risk Disclosure, as the Company cannot guarantee complete security. The User acknowledges and agrees that any use of the OJA E-Wallet is at the risk of the User.
7.14 OJA Coin can only be used for the Services and cannot be stored for other purposes. The User is not entitled to interest or any other compensation for the stored OJA Coin. In case there are indications that the User uses the OJA Coin for other purposes, OJA will contact the User and request proper use or withdrawal of the OJA Coin.
7.15 User acknowledges and agrees to only store Digital Assets in his OJA Digital Asset Wallet for the purpose of trading Digital Assets on the OJA Platform and will limit the stored Digital Assets to an absolute minimum.
7.16 User is, in principle, not entitled to airdrops, staking rewards, off-chain staking rewards or any other compensation for the stored Digital Asset, except if other information is given in this User Agreement or on the Website.
7.17 User acknowledges and agrees that a deposit of Digital Asset is succeeded once a Digital Asset is received at the designated wallet address. A deposit of a Digital Asset will only be added to the OJA Digital Asset Wallet of User once multiple, which number may differ per Digital Asset and to be determined by OJA, network confirmations are received.
7.18 User acknowledges and agrees that only Digital Asset can be deposited which are listed on the OJA platform, and this may change from time to time. Under no circumstances User should attempt to deposit Digital Asset or receive Digital Asset in any form (e.g. side chains or forked protocols) that OJA does not support, as these Digital Assets might be lost in such cases).
7.19 User acknowledges and agrees that, although the Company will take reasonable measures to secure the OJA Digital Asset Wallets, storing Digital Assets in an OJA Digital Asset Wallet involves significant risks, as described in more detail in the Risk Disclosure, as the Company cannot guarantee complete security. The User acknowledges and agrees that any use of the OJA Digital Asset Wallet is at the risk of the User.
7.20 User acknowledges and agrees that OJA may, for security purposes, store Digital Asset offline, due to which the withdrawal of Digital Asset can be delayed.
7.21 User acknowledges and agrees that OJA has fulfilled its obligations, in respect of the withdrawal of a Digital Asset, once the transaction is confirmed by the relevant network. Such confirmation can be received by including the transaction identification code (TX-ID) in the block explorer of the relevant Digital Asset.
8.1 User agrees to pay OJA the transaction fee (if applicable) for each completed trade, the deposit fee (if applicable) for each successful deposit and the withdrawal fee (if applicable) for each successful withdrawal, which fees will automatically be paid by withholding the relevant fee.
8.2 Prior to using the Services, the User must consider the fee rates published on the Website. OJA reserves the right to change the fee rates from time to time by publishing updates on the Website.
8.3 The fees, as well as the charging procedure, can be changed by OJA at its sole discretion from time to time and such changes shall become effective the moment they are posted on the Website.
9.1 The Account and the Services are not allowed to be used in relation to criminal activities of any sort, including but not limited to money laundering, terrorist financing, fraud or any other criminal or illegal activity.
9.2 OJA reserves the right to block an Account for the duration of an investigation into misuse of the User Agreement, the Account and/or the Services. OJA reserves the right to suspend or cancel any pending Order and/or to freeze the Funds on the Account for the duration of the investigation. If the legitimacy of the User and/or any Order cannot be determined, the right to any Funds may be lost.
9.3 OJA is authorized to notify the relevant authorities and will if required by law and regulation to provide data to the relevant authorities. However, OJA will not comply with any unlawful and/or unsubstantiated requests for information or attempts to gather large quantities of undirected information from the relevant authorities.
10.1 User acknowledges and agrees that he/she is responsible for safely storing any password or for choosing complex and difficult to decipher passwords and ensuring the inviolability of the Account.
10.2 OJA will never ask Users to provide authentication data (passwords and/or two-factor authentication) other than when logging in to the Account. Users must never respond to a request to provide this data, even if the request appears to originate from OJA.
10.3 In the event that the User knows or should know that his authentication data has been stolen or maybe misused, the User must contact OJA immediately.
12.1 OJA may provide widgets for Users, which can be used to get access to the Services. The use of these widgets is subject to the User Agreement.
12.2 OJA may provide applications, which can be used to get access to the Account and the Services. The use of these applications is subject to the User Agreement.
12.3 The User Agreement is applicable to all (future) Services OJA offers to the User.
13.1 All intellectual property rights, including, but not limited to, all existing and future rights and claims on, or in relation to, the use of copyrights, trade name rights, trademark rights, domain names, patent rights, design rights or related items will be vested exclusively in OJA.
13.2. The trademarks, trade names, service marks and logos of OJA and others used on the Website (hereinafter the “Trademarks”) are the property of OJA and its respective owners. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials used on this Website belong to OJA. The Trademarks and other content on the Website should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, no matter manual or automated. The use of any content from the Website on any other site or a networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, patent, trademark and any other applicable laws and could result in criminal or civil penalties.
13.3 OJA provides Users with a right of use regarding the Services for the term of the User Agreement, to the extent it is necessary for the performance of the User Agreement, provided that the User complies with the User Agreement.
14.1 Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to this User Agreement at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of the User Agreement, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review the User Agreement to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised User Agreement by your continued use of the Service after the date such revised User Agreement is posted.
14.2 The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
14.3 User acknowledges and agrees that OJA may modify part or all of its Services at any moment without prior notice.
14.4 User is allowed to terminate the User Agreement and close his Account at any time.
14.5 OJA has the right to terminate the User Agreement at any time and for any reason. OJA will unless otherwise determined in the User Agreement, inform the User of the termination of the User Agreement.
14.6 Terminating the User Agreement automatically results therein that the Account will be closed and that the Services will no longer be provided unless this is necessary in relation to any rights and obligations prior to the date of termination of the User Agreement.
14.7 Terminating the User Agreement and closing an Account will not affect any rights and obligations incurred prior to the date of termination of the User Agreement and Account closure. The User Agreement applies to those obligations.
14.8 If a User Agreement is terminated, the User may be required to either cancel or complete all open orders. Further, Funds will be returned to the verified bank account and/or to an external wallet of the User.
14.9 In the event that the costs of closing of the Account exceed the value of the Funds, the User will be responsible for reimbursing OJA.
15.2 User is required to provide OJA with his/her name and email address and any other information which may be needed to identify the User. When the User fails to respond to such a request, the User acknowledges and agrees that the complaint will not be further processed.
15.3 Both OJA and User shall cooperate to achieve a solution to the satisfaction of both parties.
16.1 OJA endeavours all possible measures to make sure that the Services are only offered for Digital Asset which do not qualify as a ‘financial instrument’ or other ‘financial product’ on the basis of the applicable laws and regulations.
16.2 If there is in view of OJA any risk or if there are any indications that a Digital Asset can be treated as a ‘financial instrument’, or if one of the supervisory authorities might consider it as a financial instrument or other financial product, OJA reserves the right to prohibit and discontinue any Services related to such Digital Asset at its sole discretion.
16.3 OJA follows the best practices to decide whether a Digital Asset is a ‘financial instrument’ or not. However, OJA gives no warranty that any Digital Asset for which OJA offers Services is not a ‘financial instrument’.
17.1 OJA does not provide any investment advice in connection with the Services. OJA may provide information on the offered price, range, and volatility of the Digital Asset that are offered via the Website. However, this must not be considered as investment advice but as information or a personal opinion from which no rights can be derived. User is in any event responsible for its Orders.
17.2 User acknowledges and agrees that, although OJA intends to provide accurate and timely information on the Wesite, the content may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors.
17.3 User acknowledges and agrees that all Services are provided on an “as is” basis without warranty of any kind. OJA does not guarantee that the Website or the Services will be available 24 hours a day, 7 days a week. OJA will do its utmost best to provide Users with the Website and the Services as soon as possible, but there are no guarantees that access will not be interrupted or that there will be no delays, failures, errors, loss or similar transmitted information. Planned maintenance will be announced timely.
17.4 User acknowledges and agrees that information stored or transferred through the Services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including but not limited to software failures, protocol changes by third-party providers, internet outages, force majeure event or other disasters including third-party DDOS attacks, scheduled or unscheduled maintenance, or other causes either within or outside our control. User is solely responsible for backing up and maintaining duplicate copies of any information stored or transferred through the Services
17.5 User acknowledges and agrees that OJA will, insofar OJA is liable in connection with a breach of its obligations or for losses otherwise incurred by User, be liable only for direct loss which is reasonably foreseeable and limited as set out in the remainder of this section.
17.6 User acknowledges and agrees that OJA shall not be liable for any damages resulting from any activities which are not in line with the User Agreement.
17.7 User acknowledges and agrees that OJA is not liable for any damage or interruption caused by any (i) computer viruses, spyware, Trojan horses or other malware that may affect the User’s computer or other equipment or (ii) SMS, email services and two-factor authentication services which might vulnerable to spoofing and phishing attacks.
17.8 User acknowledges and agrees that OJA cannot be liable for any damages resulting from any third party for which OJA is not responsible.
17.9 User acknowledges and agrees that OJA, nor our affiliates or service providers, nor any of our directors, officers, employees or representatives will in no circumstance be liable for any amount which exceeds the amounts received by OJA under the User Agreement in the last 12 months, exclusive VAT (if applicable).
18.1 User is responsible to determine whether, and to what extent, any taxes apply to any transactions conducted through the Services, and to withhold, collect, report and remit the correct amount of taxes to the appropriate tax authorities.
18.2 User acknowledges and agrees to receive all communications, notices and disclosures that OJA provides in connection with the Account electronically. OJA will provide this information to the User by posting information on the Website, emailing to User at the primary email address listed in the Account, communicating via instant chat and/or through mobile push notification.
18.3 User acknowledges and agrees in advance that OJA may at any time transfer, sub-contract or assign any of its rights and obligations under the User Agreement, Appendices and Related Agreements or in relation to the Services to any other third party.
18.4 If any article of the User Agreement, Appendices and Related Agreements is deemed to be unlawful, invalid or unenforceable for any reason, such provision shall be deemed to be divisible and shall not affect the legal effect of any other article.
18.5 The User Agreement, Appendices and Related Agreements are governed and construed in accordance with the laws of England and Wales. Any claims or disputes will be settled before the competent court in London, United Kingdom unless legislation or international conventions mandatorily prescribe otherwise.
18.6 OJA reserves the right to change, add, or remove parts of the User Agreement, Appendices and Related Agreements at any time and at its sole discretion. User will be notified of any changes and although OJA will endeavour to provide User with advance notice where possible, where lawful OJA may indicate that the revised User Agreement, Appendices and Related Agreements shall be effective immediately and if you do not agree with any such modification, you should close your OJA Account and cease using the OJA Services. It is Users responsibility to review the amended User Agreement, the Appendices and Related Agreements. If the User continues to use the Website and the Services it implies that the User accepts and agrees to the amendments.
The following appendix applies to all Users and all Services. In the event of a conflict between the User Agreement and Appendix 1 with respect to the prohibited use of Services, the terms of Appendix 1 will control.
1.1 User may not use his Account to engage in the categories of activity as mentioned below. The specific types of use listed below are representative, but not exhaustive. If the User is uncertain as to whether or not his/her use of the Services involved is not in line with Appendix 1, the User could send an email to [email protected]
1.2 By opening an Account, the User confirms that User will not use his Account and/or any Services to do any of the following:
- Activity which would violate, or assist in the violation of, any directive, law, guideline or other regulation related to sanctions programs administered in the countries where OJA conducts business, including but not limited to the UK and EU Sanctions list.
- Activity which would violate, or assist in the violation of, any directive, law, guideline or other regulation related to terrorist financing as applicable in the countries where OJA conducts business.
- Activity which would violate, or assist in the violation of, any directive, law, guideline or other regulation related to money laundering as applicable in the countries where OJA conducts business.
- Activity which would be related to fraud such as activities that operate to defraud OJA (including Users providing any false, inaccurate, or misleading information to OJA), User and/or other persons.
- Activity which would be related to drugs and drugs such as the sale of narcotics, controlled substances, and any equipment designed for making or using drugs.
- Activity which would be related to multi-level marketing such as pyramid schemes and network marketing.
- Activity which would be related to unfair, predatory or deceptive practices such as investment opportunities or other services that promise (too) high rewards and sites that OJA determine in its sole discretion to be unfair, deceptive, or predatory towards Users.
- Activity which would be related to illegal gambling such as unregulated lotteries, sports forecasting or odds making and comparable activities.
- Activity which would be related to high-risk businesses such as any businesses that OJA believes to pose an elevated financial risk, legal liability, or violates bank policies.
The following appendix applies to all Users and all Services. In the event of a conflict between the User Agreement and Appendix 2 with respect to verification procedures and limits, the terms of Appendix 2 will control.
1. Procedures and Limits
1.1 OJA uses multi-level systems and procedures to collect and verify information about Users in order to protect Users and OJA from fraudulent activities and to keep appropriate records of Users.
1.2 User’s access to one or more Services might include limits - including daily, weekly, monthly, annually and totally (i) exchange limits, (ii) deposit limits for Funds and/or (iii) withdrawal limits for Funds - based on the information provided by User and available information over User.
1.3 OJA may require the User to provide or verify additional information, or to wait some amount of time after completion of a trade or a transaction, before permitting the User to use any Services and/or before permitting the User to engage in transactions beyond certain volume limits. Users can find indicative limits in their Account and in the OJA FAQ.
1.4 User is aware of the fact that the verification process and/or additional verification process can take time and may result in delayed Services which could result in adverse consequences for the User. The User is aware and accepts these risks and acknowledges and agrees that OJA could not be liable for any delayed Services resulting in adverse consequences for the User.
1.5 User may submit a request for higher limits. OJA will require the User to submit additional documentation to substantiate the higher limits. OJA does not guarantee that limits will be raised.
1.6 OJA reserves the right to amend the procedures and limits from time to time without prior notice.
The following appendix applies to Users’ access to or use of, the OJA API, the OJA Software Development Kit and the OJA WebSocket (together, the “API”) and the related documentation (the “API Documentation”), all of which are designed to facilitate Users’ access to, and use of, the Services (the “API User Agreement”). In the event of a conflict between the User Agreement and Appendix 3 with respect to the API and API Documentation, the terms of Appendix 3 will control.
1.1 User may use the API and the API documentation.
1.2 OJA reserves the right to require Users to complete (additional) enhanced on-boarding procedures before providing access to the API.
1.3 Depending on the country of residence or the country from which the User access the API and/or API Documentation, the User may not be able to use the API and/or API Documentation or Services. User is responsible for complying with the rules and regulations applicable in his country of residence and/or the country from which User accesses the API and/or API Documentation.
1.4 To use the API, one or more API key(s) with corresponding secrets (the “API Credentials”) must be created. User acknowledges that such API Credentials provide access to the Account, and the User agrees to be responsible for safely storing the API Credentials. In the event that the User knows, or should know, that API Credentials have been stolen or misused, that User must contact OJA immediately.
1.5 OJA provides User with a revocable, non-exclusive, non-sublicensable, non-transferable right of use regarding the API and the API Documentation for the term of the API User Agreement, to the extent that it is necessary for the execution of the API User Agreement, provided that User complies with the User Agreement and the API User Agreement.
2.1 User will not use or access the API and API Documentation in any way not expressly permitted under the User Agreement or the API User Agreement.
2.2 Without limiting the generality of the foregoing, the User will not use the API and API Documentation:
2.2.1 To collect or store data or content accessed via the API other than for purposes allowed under this API User Agreement;
2.2.2 For purposes of monitoring the availability, performance or functionality of the Services or for any other competitive purposes;
2.2.3 In a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise impacts the stability of OJA’s servers, or impacts the behaviour of other Services using the API.
2.2.4 In any manner that may threaten the security or functionality of the API or the Services;
2.2.5 To circumvent the intended features, functionality, or limitations of the Services;
2.2.6 to reproduce, adapt, translate or otherwise attempt or create any source code that is derived from the API.
2.2.7 To duplicate or compete with the Services as offered by OJA.
2.32.8 Notwithstanding the foregoing, OJA reserves the right to suspend or revoke, at its sole discretion, the User’s access to the API at any time and for any reason.
3.1 User acknowledges and agrees that OJA may monitor the use of the API and that the User will not block or otherwise interfere with the monitoring process.
3.2 OJA may set limits on the number of calls that the User can make, in its sole discretion, to the API during any given period and without notice. User agrees to such limitations and will not attempt to circumvent such limitations.
3.3 If the User exceeds the limits, OJA may moderate User activities, may cease offering access to the API or may immediately suspend or terminate access to the API in its sole discretion and without notice.
4.1 User grants OJA the irrevocable right to collect, store and use any data or information that User loads, transmits to, or enters into the API.
4.2 User must ensure that all transmitted data only contains data and information in respect of which User has obtained all applicable third-party consents and permissions as required by law.
4.3 User acknowledges and agrees to use the data as accessed via the API only for purposes as expressly permitted in this API User Agreement.
4.4 User may not use any data about an identifiable individual (as accessed via the API) and will promptly delete any such information.
4.5 User must ensure that he complies with all privacy and security laws and regulations in connection with User’s access and the use of the API.
4.6 User must make all reasonable efforts to protect the data and information, including any data or information obtained from unauthorized access or use, as accessed via the API.
4.7 In the event that User’s system or infrastructure used for storage, processing or hosting personal information is breached or compromised, or if personal information is inadvertently exposed to non-authorized third parties, User shall notify OJA promptly of such a (potential) incident, including the cause, remediation steps and control measures to mitigate such (potential) incident in the (near) future.
5.1 All intellectual property rights, title and interest in and to the API, the API Documentation, the data or information and all other materials provided by OJA under this API User Agreement will be vested exclusively in OJA.
5.2 OJA provides the User with a right of use regarding the API and API Documentation for the term of the API User Agreement, to the extent that it is necessary for the execution of the API User Agreement, provided that the User complies with the API User Agreement.
6.1 Except where prohibited by applicable Law, OJA reserves the right to change, add or remove, in its sole discretion, parts of the API and API Documentation at any time and without notice. The User acknowledges and understands that these changes may require the User to make substantial changes in order to continue using the API and that this is the User’s own responsibility.
6.2 Except where prohibited by applicable Law, OJA reserves the right to change, add or remove, at its sole discretion, parts of the API terms at any time and without notice. If the User continues to use the API or API Documentation after any changes, it implies that the User accepts and agrees to these changes.
7.1 User is allowed to terminate the API User Agreement at any time.
7.2 OJA reserves the right to terminate or suspend, at its sole discretion, the API User Agreement at any time and for any reason. OJA will inform the User of the termination of the API User Agreement.
7.3 When the API User Agreement is terminated, the User will immediately delete all data as accessed via the API.
8.1 Without limiting the limited liability clause as included in the User Agreement, the User acknowledges and agrees that OJA does not guarantee:
8.1.2 That the API and/or API Documentation are suitable for the User’s use;
8.1.3 That the API and/or API Documentation are without defect or error;
8.1.4 That the activities of the User, by using the API, will be uninterrupted;
8.1.5 That any defects or errors to the API will be corrected;
8.1.6 Any results of the use of the API and API Documentation.
9.1 User acknowledges and agrees to grant OJA, for the duration of this API User Agreement, a fully paid-up, non-exclusive, worldwide, transferable, irrevocable right and licence under all of the User’s intellectual property right to (i) use User’s name, likeness or brand for the maintenance, development and promotion of the API, and (ii) use or make available User’s application to maintain, develop and promote the Services.
One of the international standards for the prevention of illegal activities is Know Your Customer (“KYC”). According to the KYC, OJA Coin establishes its own verification procedures within the framework of anti-money laundering standards and Know Your Customer.
1.2. Identity verification
OJA Coin’s identity verification procedure requires the User to provide reliable independent sources of documents, data or information (e.g. ID card, international passport, bank statement, utility bills) every time the User is requested to provide certain information. For AML and KYC Policy purposes, OJA Coin hereby reserves the right to collect User information.
1.3. Anti-money laundering procedure
OJA Coin’s anti-money laundering procedure requires the User to provide information about the source of the funds the User uses to purchase OJA Coin every time the User is requested to provide certain information. OJA Coin is not responsible for any errors or omissions in the information provided by the User.
1.4. Authenticity verification
OJA Coin shall take steps to verify the authenticity of documents and information provided by Users, use all legal methods to double-check identification information and hereby reserves the right to investigate the actions of certain Users that have been found risky or suspicious.
1.5. Right to report
We may therefore report our suspicions regarding any activity of the User to local regulators, enforcement bodies and other compliance bodies. Those kinds of actions has a goal of ensuring that the capital being used on our platform has a legitimate origin and creating a safeguard in case of individuals or groups wanting to allocate their money from illegal activities on our platform.
1.6. Continuous basis of information verification
OJA Coin hereby reserves the right to verify the User’s identity on a continuous basis, especially when the verification information has been changed or the User’s activity has been deemed suspicious, even if they have already undergone identity verification. User verification information shall be collected, stored, transferred and protected strictly in accordance with OJA Coin’s Data Protection Policy and the relevant rules. Following the verification of the User’s identity, OJA Coin disclaims potential legal liability in situations where its Services are used for illegal activities.
1.7. Transaction proceeds refusal
OJA Coin may refuse to proceed with the transaction of transferring the purchased coin to the User if the User refuses to provide any demanded information. OJA Coin may refuse to issue coin to the User if:
1.7.1 The User does not provide any demanded information to OJA Coin that enables OJA Coin to complete any diligence procedures on the User.
1.7.2 The User has been previously identified as engaged in suspicious activity.
1.7.3 The User is the citizen of a country considered to be exposed to a high risk of money laundering or financing terrorism.
1.7.4 The User is listed on a sanctions list in any of the jurisdictions to which OJA Coin may transfer purchased coin, or OJA Coin otherwise identifies the User as exposed to a high risk of money laundering or financing terrorism.
1.8. Payment cancellation.
The User cannot cancel a request to purchase the coin. OJA Coin may cancel the User’s purchase of the coin if it is impossible to verify the User’s identity or conduct any other procedures that OJA Coin is required to conduct. OJA Coin may not refund the User any amount until the User has provided any demanded information required by law.
The OJA Coin presale and ICO period is the process in which OJA Coin that is not yet announced to investors or open to the public are sold. As a rule, ICOs set strict requirements for participants in a private sale. We recommend always doing your own research when considering to participate or invest in any cryptocurrency project.
OJA Coin reserves any right to utilize the fund from the pre-sale or ICO to execute any activities related to the OJA Coin platform, products, human resources, promotional campaigns, licenses, office cost, and any 3rd party costs such as exchange listing fee, web server cost etc.
Purchasing pre-sale or ICO OJA Coin is not refundable even if the ICO doesn’t hit soft cap during crowd sale or presale. By participating or investing in OJA Coin pre-sale ICO users agree to buy OJA Coin at a lower rate with an intention to support the project and team to realize the roadmap as planned and therefore have fully given all permissions to utilize it.
2.4. KYC & Anti-money laundering procedure
OJA Coin’s identity verification procedure requires the User to provide reliable independent sources of documents, data or information (e.g. ID card, international passport, bank statement, utility bills) and a recent picture/selfie every time the User is requested to provide certain information. For AML and KYC Policy purposes, OJA Coin hereby reserves the right to collect User information.
2.5. Purchase cancellation
You may only cancel an order initiated via the Services if such cancellation occurs before OJA executes the transaction. Once your order has been executed, you may not change, withdraw or cancel your authorization for OJA to complete such transaction. We reserve the right to refuse any cancellation request associated with an order once you have submitted such order. All trades are irreversible once initiated. While we may, at our sole discretion, reverse a trade under certain extraordinary conditions, a customer does not have a right to a reversal of a trade.
2.6 Insufficient Funds
If you have an insufficient amount of Funds in your OJA Account to complete an order via the Services, we may cancel the entire order or may fulfill a partial order using the amount of Funds currently available in your OJA Account, less any fees owed to OJA in connection with our execution of the trade.
3. ENTIRE AGREEMENT
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