AU White Glove OTC User Agreement

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OKX Australia Financial Pty Ltd

ABN 14 145 724 509 | AFSL 379035

1. Overview

1.1 This White Glove OTC User Agreement (Agreement) sets out the terms on which OKX Australia Financial Pty Ltd (ABN 14 145 724 509, AFSL 379035) and OKX Australia Pty Ltd (ABN 22 636 269 040) (each, OKX) provide the White Glove OTC service (Service) to eligible clients. By accessing the Service, you agree that you have carefully read and fully understand the terms of this Agreement, and you agree to be legally bound by this Agreement.

1.2 OKX provides a Request-for-Quote (RFQ) service that facilitates price discovery for products available on OKX through quotes provided to you. Quotes are non-binding prices and can be obtained by contacting OKX via an Authorised Messaging Service.

1.3 OKX may charge fees or commissions for providing the Service, including RFQs. OKX will notify you of its current fees from time to time.

1.4 Unless otherwise defined in this Agreement, capitalised terms have the meaning given to them in the OKX Terms of Service.

2. Eligibility

2.1 The Service is available only to clients who have been approved by OKX to use the Service. OKX may, at its sole discretion, withdraw your access to the Service at any time by giving you reasonable notice, or immediately if required by law, regulatory direction, or OKX's AML/CTF obligations.

2.2 You acknowledge and agree that:

(a) you are eligible to use the services provided by OKX under the OKX Terms of Service;

(b) if you are acting in your personal capacity, you are at least 18 years old with full legal capacity;

(c) if you are acting on behalf of a legal entity, that entity is validly established under applicable law and you are duly authorised to act on its behalf;

(d) you have the requisite experience and risk tolerance for using the Service; and

(e) you are the legal owner of the digital assets in your OKX account and the sources of those digital assets are legal.

3. Definitions

In this Agreement:

  • Authorised Messaging Service means a messaging platform designated by OKX for the submission of Instructions, which may include Telegram, WhatsApp, or other encrypted messaging platform as notified by OKX from time to time.

  • Instruction means any request, order, direction, quote acceptance, or communication submitted by you orally (including by telephone) or electronically through an Authorised Messaging Service.

  • OKX means OKX Australia Financial Pty Ltd (ABN 14 145 724 509, AFSL 379035).

  • Relationship Manager or RM means the OKX representative assigned to you for the purposes of the Service.

  • RFQ means a Request-for-Quote, being a non-binding request for price information submitted by you through an Authorised Messaging Service.

  • Service means the White Glove OTC service provided by OKX, being a dedicated RFQ service for eligible clients to request quotes and submit orders for products available on OKX through a Relationship Manager.

4. Service

4.1 Acceptance of Instructions.

4.1.1 Oral and Electronic Communication. You acknowledge and agree that Instructions may be given to OKX orally (including by telephone) or electronically (including via an Authorised Messaging Service). OKX is expressly authorised to rely and act upon any Instruction it reasonably believes is given by you, and such Instructions will be binding on you. If an Instruction is transmitted via an Authorised Messaging Service from your verified contact details provided to OKX, OKX is not required to verify the identity of the sender or the accuracy of the Instruction.

4.1.2 Use of Authorised Messaging Service. You confirm that you request and authorise OKX to accept Instructions from you through an Authorised Messaging Service associated with your verified contact details. You understand and agree that such communications may involve the use of third-party platforms.

4.1.3 Confirmation Protocol. You acknowledge and agree that OKX's reliance on any Instruction is strictly conditional upon your compliance with the confirmation protocol established and communicated by OKX:

(a) for all price-sensitive Instructions, including the acceptance of a quote, your Instruction must contain the specific mandatory confirmation word as prescribed by OKX, which may be updated from time to time and communicated to you by your Relationship Manager;

(b) if you use a common confirmation word such as "confirmed" or similar language, it refers and applies only to the immediately preceding, last-provided quote or transaction details communicated by OKX. OKX is not liable for any action taken on the basis of a confirmation that is ambiguous or refers to a previous or non-current quote; and

(c) any Instruction that fails to include the mandatory confirmation word or otherwise deviates from the prescribed confirmation protocol is deemed an ambiguous or inconsistent Instruction under clause 4.2, and OKX may refuse, delay, or act upon it based on reasonable interpretation, with no liability to you for any resulting loss, error, or price variance.

4.2 Execution of Instructions.

4.2.1 Acknowledgement. Instructions given in writing or orally are only deemed valid upon your receipt of express acknowledgement from OKX that the Instruction has been received. OKX is not obliged to act upon any Instruction and reserves the right to refuse any Instruction without giving a reason, or to refrain from acting on Instructions pending authentication or clarification. OKX will use reasonable endeavours to notify you promptly if an Instruction is refused.

4.2.2 Irrevocability. Instructions, once properly issued by you in compliance with clause 4.1.3 and accepted by OKX, are treated as irrevocable. Any ambiguous, incomplete, or inconsistent Instruction may be acted upon based on a reasonable interpretation, and you must not hold OKX liable for such action.

4.2.3 Execution Constraints and Price Risk. OKX will endeavour to execute all accepted Instructions within a reasonable time. However, you acknowledge that due to various constraints, including: (a) volatility in digital asset prices or exchange rates; and (b) any requirement under applicable law, including those relating to the prevention of fraud, money laundering, terrorist financing, and sanctions, OKX may not always be able to execute at the prices or rates initially quoted to you. OKX retains the right to review and confirm the price before execution, and the transaction is only final and binding upon express confirmation by OKX. You accept that a delay or failure in processing your Instruction may occur, and you agree to accept and be bound by the outcome of any transaction entered into, regardless of any price variance or delay, except where the price variance or delay is caused by OKX's error, system malfunction, or negligence.

4.3 Communication Risks.

4.3.1 You expressly acknowledge and agree that all risks associated with instructing OKX via oral or electronic communication are borne by you, except to the extent caused by OKX's fraud, wilful default, or negligence.

4.3.2 You acknowledge that communication through a third-party messaging platform can involve substantial risks including:

(a) potential loss of confidentiality;

(b) sending of communication to an unauthorised person;

(c) interception or hacking of your communication;

(d) the unauthorised instruction or transfer of assets by a third party impersonating you;

(e) the manipulation of contents or the sender's contact details; and

(f) the loss of data or damage to hardware caused by viruses, bugs, or other harmful software.

4.3.3 You are responsible for referring to the terms published by each external messaging service provider for details on how that provider may access or process your information.

4.4 Record-Keeping.

4.4.1 Recording and Evidence. OKX is entitled to record all telephone conversations and electronic communications (including those sent via an Authorised Messaging Service) relating to RFQs, orders, trades, or any Instructions concerning your account. You agree that these recordings, transcripts, or copies may be used as evidence in any dispute. OKX is not obliged to keep or maintain copies of such recordings or transcripts.

4.4.2 Confirmation. OKX may, but is not obliged to, perform a call back to your registered number to confirm Instructions. Failure to successfully perform a call back may result in OKX electing not to act on the Instructions.

4.5 Request for Quote (RFQ).

4.5.1 Initiating an RFQ. You may initiate an RFQ through an Authorised Messaging Service.

4.5.2 Required Details. To initiate an RFQ, you must provide the details of the proposed transaction to OKX via the Authorised Messaging Service.

4.5.3 Non-Binding Request. By submitting an RFQ, you acknowledge that the submission constitutes a non-binding request for price information only. Your subsequent acceptance of a quote is subject to clause 4.1.3.

4.5.4 Quote. Upon clear receipt of an RFQ, OKX will use reasonable endeavours to provide you with a quote via the Authorised Messaging Service.

4.5.5 Quote Validity. Each quote provided by OKX will specify a defined time window during which it is valid (Validity Window). The quote is deemed invalid and will automatically expire if not accepted by you by the end of the Validity Window.

4.5.6 Non-Binding Quote. The quote provided by OKX is a non-binding indication of price.

4.5.7 Review of Quote. You are responsible for reviewing and confirming the quote via the Authorised Messaging Service. All confirmed rates within each quote may be rounded to a maximum of four (4) decimal places (Quoted Rate) for ease of communication and confirmation.

4.5.8 Final Executed Rate. The trade confirmation and all final records of the transaction will state the Final Executed Rate (up to eight decimal places). The Final Executed Rate governs the final settlement and calculation of all transactional values, notwithstanding the initial Quoted Rate.

5. Representations and Warranties

5.1 You represent, warrant, and undertake that:

(a) the source of any digital assets used in connection with the Service is legal, and your ownership is not disputed;

(b) any digital assets deposited are unencumbered and free from all mortgages, charges, liens, security interests, or other claims;

(c) you are not on any sanctions list issued by the Australian Department of Foreign Affairs and Trade (DFAT), the United Nations Security Council, or any other applicable sanctions authority;

(d) you will comply with all applicable anti-money laundering and counter-terrorism financing laws, including the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth);

(e) you will provide OKX with any information or documentation reasonably requested by OKX for the purposes of meeting its legal and regulatory obligations; and

(f) you will notify OKX immediately if any of the above representations become incorrect.

5.2 If you breach any representation or warranty under this clause, OKX may suspend or terminate the Service without notice and you are liable for any loss suffered by OKX as a result.

5.3 OKX may suspend or terminate the Service, freeze your account, or refuse to process any Instruction if OKX reasonably suspects that you are in breach of this clause or if required to do so by law or regulatory direction.

6. Limitation of Liability

6.1 The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, OKX makes no warranties of any kind, whether express or implied, regarding the Service, including any warranties of merchantability, fitness for a particular purpose, or non-infringement.

6.2 Digital asset values can fluctuate significantly. You solely bear all risks and losses associated with your use of the Service and any transactions entered into through the Service.

6.3 To the maximum extent permitted by applicable law, OKX is not liable to you for any lost profits, delay, or lost business, or for any consequential, incidental, special, or indirect damages of any kind arising out of or in connection with the Service, whether arising in contract, tort, or otherwise.

6.4 OKX is not liable for any loss arising from: (a) service interruptions due to maintenance, cyber attacks, technical issues, or force majeure; (b) actions taken by OKX to prevent or address market manipulation, exploitative behaviour, or conduct that may harm other users or OKX; or (c) changes in applicable law or regulation.

6.5 Nothing in this Agreement limits or excludes any right, remedy, guarantee, condition, warranty, or liability that cannot lawfully be limited or excluded.

7. Indemnification

In consideration of OKX acting on your Instructions, you indemnify and hold harmless OKX, its officers, employees, and agents against all demands, claims, liabilities, losses, damages, costs, and expenses (including reasonable legal fees) arising from or in connection with:

(a) any oral or electronic communication Instruction;

(b) OKX acting upon or carrying out any such Instruction;

(c) OKX relying on ambiguous, incomplete, or inconsistent Instructions;

(d) any breach by you of this Agreement; or

(e) any unlawful or unauthorised use of the Service by you or through your account,

except to the extent caused by OKX's fraud, wilful default, or negligence.

8. No Advice

OKX does not provide business, legal, financial, or tax advice. You should consult your own independent professional advisors. OKX is not your broker, dealer, agent, or advisor, and has no fiduciary relationship or fiduciary duty to you. No communication from OKX constitutes investment, business, legal, financial, trading, or tax advice. You are solely responsible for your investment decisions and for determining whether any transaction is appropriate for you based on your personal objectives, financial situation, and risk tolerance.

9. Privacy

OKX collects, uses, and discloses personal information in connection with the Service in accordance with its Privacy Policy, available on OKX's website. You consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy.

10. General

(a) Governing law: This Agreement is governed by the laws of New South Wales, Australia.

(b) Amendments: OKX may amend this Agreement from time to time by publishing an updated version on its website. The most current version applies at any given time. Your continued use of the Service after an amendment constitutes acceptance of the amended terms.

(c) Severability: If any provision of this Agreement is found to be void or unenforceable, that provision is severed and the remaining provisions continue in full force and effect.

(d) Waiver: A failure or delay by OKX to exercise a right under this Agreement does not constitute a waiver of that right.

(e) Assignment: You must not assign or transfer any right or obligation under this Agreement without OKX's prior written consent. OKX may assign or transfer its rights and obligations to an affiliate by giving you written notice.