Introduction
This document outlines the terms and conditions of use for OverEx Capital (referred to as “we,” “us,” or “our”). By accessing or using our services, you agree to be bound by these terms and conditions and our Privacy Policy, which is hereby incorporated by reference. If you do not agree to these terms and conditions, you should not access or use our services.
OverEx Capital is a third-party investment company that provides prop trading investment opportunities for clients. We collaborate with top prop firms and allow clients to buy into one of our investment plans. buy using our services you will be an owner of prop trading accounts and we connect your trading accounts to top traders Trading platforms, so you earn a share of the profit monthly. after the deadline of our contract your investment capital will be fully refunded and we will own those prop trading account. We reserve the right to modify or discontinue, temporarily or permanently, any or all of our services without prior notice.
The Platform hereby reminds the Users to carefully read and fully understand the terms and conditions of this Agreement, especially those terms and conditions of this Agreement that exclude or limit the liability of the Platform and exclude or restrict the rights and interests of the Users. The Users shall read carefully and choose to accept or reject this Agreement. Unless a User accepts all the terms and conditions of this Agreement, the User shall not be entitled to use the services provided by the Platform. If the User does not agree to the content of this Agreement or refuses to recognize the right of the Platform to make unilateral amendments to this Agreement at any time, the User shall promptly stop using and cease to access the Platform. By registering as a User of the Platform or using the services offered, a User is deemed to fully understand and fully accept all the terms and conditions of this Agreement, including any amendments that this Company may make to this Agreement at any time.
For the convenience of wording in this Agreement, the Platform is collectively referred to as “we” or other applicable forms of first-person pronouns in this Agreement.All natural persons and other visitors who log onto this Website shall be referred to as “you” or any other applicable forms of the second-person pronouns. You and we are collectively referred to as “both parties”, and individually as “one party” herein.
(1) Agreement: consists of this Service Agreement, the Privacy Policy, Rules against Money Laundering and Terrorism Financing, as well as any other rules, statements and guidelines inter alia that have been or may be released or published on the Platform.
(2) Force Majeure: includes maintenance of information network equipment, failure of access to information networks, failures of computer, communication or other systems, power failures, weather, accidents, industrial actions, labor disputes, riots, insurrections, disturbances, inadequacy in productivity or means of production, fires, floods, storms, explosions, wars or other factors on the part of cooperation partners, collapse of the digital asset market, government actions, judicial or administrative orders, and other circumstances that are beyond the control of the Platform.
(3) Affiliate(s): if a company directly or indirectly controls another company, or is directly or indirectly under the control of another company, or otherwise has significant influence over another company or is under the significant influence of another company, the former is then an affiliated company of the latter.
Each User shall hereby make the following undertakings:
(1) the User registers with the Platform and uses the Platform for the purpose of legally investing the User’s own digital assets, and does not have any intention to use the Platform to violate any law or regulation;
(2) the User must provide truthful, up-to-date, valid and complete information as is required by the Platform;
(3) the User must guarantee and undertake that the funds the User uses in investment programs through the Platform are from legal sources and has not been derived from any illegal activities or means;
(4) the User has the obligation to maintain and update the User profile and ensure that it is true, up-to-date, valid and complete;
(5) the User (whether as an individual or body incorporate) is not a resident of or registered in, any of the jurisdictions that the Platform has deemed to be high risk (such list may be updated from time to time at the Platform’s sole and absolute discretion)
(6) access to the Platform or utilization of services thereof does not breach any applicable law or regulation in the jurisdiction in which the User is residing (any laws restricting the sale, purchase, holding, or dealing with, digital assets).
(7) in addition to this Agreement, the User shall also comply with all rules issued and updated by the Platform from time to time, including announcements, product flow descriptions, Platform project descriptions, risk alerts, inter alia.
If the User violates any of his/her/its undertakings of this Agreement:
(1) the Platform has the right to adopt such measures as suspending or the User’s account with the Platform and refusing to allow the User to use part or all of the functions of the Platform services (including access to the User’s digital assets). In this case, the Platform shall not be held responsible in any manner whatsoever and the User agrees to bear any and all direct or indirect expenses or losses arising therefrom;
(2) if the Platform services cannot be provided or any error occurs in the provision of such services due to the User’s failure to update his/her/its profile or provide the necessary information requested by the Platform, the User may not use it as an excuse for canceling a transaction or refusing to pay, and the Platform shall not bear any responsibility whatsoever; and all consequences shall be borne exclusively by the User.
The Platform has the right to amend, suspend or permanently terminate some or all of the services the Platform provides to a User for any of the following reasons:
(1) as is required by any of the laws, regulations, rules and orders of the sovereign country or region where the User is based;
(2) as may be necessary for the Platform to protect the legitimate interests of the Platform or customers thereof;
(3) there is any change to the trading rules of digital assets, Forex and Commodities Trading;
(4) any other justifiable reason.
The Users understand and agree that it is the responsibility of the Users to ensure the confidentiality and security of their accounts and passwords. The Users will assume full responsibility for all actions and statements made using the Users’ accounts and passwords and agree to the following:
(1) Users should create passwords in accordance with relevant rules of the Platform and relevant prompts of the Platform (passwords include but are not limited to login passwords, fund passwords, mobile phone numbers bound when registering accounts, mobile phone verification codes received via mobile phones, Google verification, inter alia. Specific forms thereof may change; the same hereinafter. They should avoid choosing overly obvious words or dates as their passwords, such as Users’ names, nicknames, birthdays, inter alia.
(2) The Users shall not disclose their accounts or passwords to any other person, nor shall they use the accounts or passwords of any other person. If the account of a User is illegally used by any other person due to factors not attributable to the Platform, e.g, hacking, virus or negligence on the part of the User, the Platform will not assume any responsibility whatsoever;
(3) the Users are prohibited from giving, lending, renting out, transferring or otherwise disposing of the Platform account to any third party without the consent of the Platform;
(4) the Platform recognizes the Users’ instructions through the Users’ accounts and passwords. The Users hereby confirm that all their conduct on the Platform after they log into the Platform using their accounts and passwords shall represent the Users themselves. The electronic information records generated by the operation of the Users’ accounts are all valid evidence of the Users’ conduct, and the Users shall bear any and all the responsibilities arising therefrom.
(5) The Users shall adopt appropriate measures to ensure the security of their accounts and passwords after the Platform notifies the Users of foreseeable security risk.
(6) Where any person uses the account and password of a User without due authorization, the Platform and the legally authorized subject reserve the right to hold the actual User jointly and severally liable.
Where the Platform deems on its unilateral and independent judgement that any event that undermines the security of the Platform, the Platform shall have the right to suspend, interrupt or terminate all or part of the User services provided to a User under this Agreement, remove or delete registration information of such a User, seize illicit profits that the User may gain, without notifying such User and without assuming any responsibility to such User or any third party. The aforementioned events include:
(1) the Platform believes that the information provided by the User is not authentic, valid or complete, e.g, where the User registers with the Platform on the basis of identity information of any other person that the User uses without due authorization, or the information provided by the User for verification is inconsistent with relevant facts;
(2) the Platform uncovers any abnormal transaction by the User or any transaction by the User is suspicious or may be illegal;
(3) the Platform believes that the User’s account is suspected of being involved in money laundering, cash-out, pyramid selling, fraudulent use or other situations that the Platform believes are risky or unlawful;
(4) the Platform believes that the User has violated any of the rules under this Agreement or the spirit thereof.
The Users agree and guarantee that they will not use the Platform services to engage in any infringement of the rights and interests of any other person or for any illegal conduct, and they shall bear any and all legal liabilities if they breach such guarantee. The above-mentioned infringements and conduct include:
(1) accessing the Platform services in the name of any other person without being duly authorized by such person;
(2) engaging in any illegal transaction, such as trafficking of firearms, narcotics, forbidden drugs, pirated software or other prohibited items;
(3) providing gambling information or inducing in any manner any other person to engage in gambling;
(4) engaging in suspected money laundering, cash-out or pyramid selling activities;
(5) engaging in any conduct that may result in vulnerability to computer virus or may damage the Platform services system or data therein;
(6) using the Platform services system to engage in any activity that may adversely affect the normal operation of the Internet or mobile computer network;
(7) using any technical means or other means to interfere with the normal operation of the Platform or interfering with the use of Platform services by any other User;
(8) maliciously defaming the goodwill of the Platform by fabrication or exaggeration;
(9) any other conduct that is justifiably deemed by the Platform as inappropriate.
The Users agree that in view of the unique nature of the Internet, the Platform does not guarantee that services will not be interrupted, nor does it guarantee the timeliness and/or security of the services. If the system is unable to operate normally due to any event, as a result of which the Users cannot use any of the Platform services or their use of the services is adversely affected, the Platform shall not be held responsible to the Users or any third party. The aforesaid events include:
(1) where the Platform system is shut down for maintenance;
(2) where there is any error or failure in the telecommunication equipment, as a result of which it is impossible to transmit data;
(3) where the Platform services are interrupted or delayed due to such factors as hacker attacks, technical adjustments or failures on the party of network service providers, or website upgrades, inter alia;
(4) where the Platform system is unable to function due to force majeure factors such as typhoons, earthquakes, tsunamis, floods, power outages, wars, terrorist attacks, inter alia.
The Platform does not provide any form of guarantee for any Platform services, including the following:
(1) Platform services will meet the needs of Users;
(2) Platform services will be provided in a timely manner without any interference or error;
(3) any products, services, information or other materials purchased or obtained by Users through Platform services will meet the expectations of the Users;
(4) all information, programs, text, data and other information contained in the Platform are completely safe and free from interference and destruction by any malicious programs such as viruses and Trojans;
(5) all the calculation results of transactions have been duly verified by the Platform; the corresponding calculation methods will be publicized on the Platform, but the Platform cannot guarantee that there is no error or interference in such calculation.
The Users understand and agree that under no circumstances, shall the Platform be required or obliged to indemnify the Users for all or part of their losses, including (without limitation):
(1) where the Platform reasonably believes or suspects that Users’ conduct on the Platform is illegal or immoral.
(2) where the Users mistakenly believe that losses are caused by factors attributable to the Platform;
(3) any other losses caused by factors not attributable to the Platform.
Users acknowledge and agree that no transaction through the Platform is free from the following risks, and the Platform cannot and does not have the obligation to be responsible for the following risks:
(1) macroeconomic risks: Users may suffer losses due to abnormal price fluctuations arising from changes in the macroeconomic situation;
(2) policy risks: changes in relevant laws, regulations, policies and rules may cause abnormal fluctuations in prices and other areas, as a result of which the Users may suffer losses;
(3) risks caused by force majeure factors;
(4) User’s fault: any and all losses caused by the Users’ fault, including loss caused by wrong decision-making, improper operation, forgetting or revealing passwords, deciphering of passwords by others, third-party intrusion into computer systems used by the Users, and malicious or improper operation by a third party entrusted by the Users to serve as their agent.
The personal information under this Agreement shall include the following information:
(1) personal registration information provided by the Users in accordance with the requirements of the Platform when they register accounts with the Platform or when they use the accounts, including but not limited to telephone numbers, mailbox information, and ID card information;
(2) the server data in the Users’ browser that the Platform automatically receives and records when the Users use the Platform or access the Platform, including but not limited to IP address and other data and web page records required by the Users;
(3) relevant data collected by the Platform on which Users conduct transactions on the Platform, including but not limited to transaction records;
(4) personal information of other Users legally obtained by the Platform.
Without additional consent from the Users, the successful registration of the Users on the Platform shall be deemed as the Users’ consent that the Platform may collect, use or disclose the Users’ personal information, and the Users understand and agree that the Platform may use the collected personal information of the Users for the following purposes based on the consideration of customizing the Platform services for the User, resolving disputes and helping to ensure safe transactions on the Platform:
(1) providing Platform services to Users;
(2) reporting to relevant departments based on the requirements of relevant competent departments of sovereign countries or regions;
(3) when the Users use the Platform services, the Platform will use the Users’ information for legal purposes, such as authentication, customer service, security & prevention, fraud monitoring, marketing, archiving and backup, or for cooperation with third parties to promote websites to ensure the security of products and services provided by the Platform to the Users;
(4) to assist the Platform in designing new products and services and in collecting and sorting out information to improve the existing service objectives of the Platform;
(5) in order to ensure that the Users understand the specific conditions of the Platform services, Users agree that the Platform will send them marketing campaign notices, commercial electronic information and advertising related to the Users, instead of generally placed advertisements;
(6) the Platform transfers or discloses the Users’ information to any unrelated third party in order to complete merger, demerger, acquisition or asset transfer;
(7) to complete software certification or management software upgrade;
(8) to invite Users to participate in surveys about relevant Platform services;
(9) to be used in data analysis for cooperation with government agencies, public affairs agencies, associations, inter alia;
(10) to be used to resolve disputes or mediate in disputes;
(11) to be used for all other legitimate purposes and other purposes authorized by the Users.
The Platform shall protect the Users’ data in accordance with relevant laws and regulations. The information provided to the Platform by the Users in connection with the performance of this Agreement may not be sold maliciously or shared with any third party free of charge, except for under the following circumstances:
(1) suppliers that provide independent services and only require information related to and necessary for the services;
(2) government departments or other institutions that have legal access to information and retrieve information through legal channels;
(3) affiliated companies of the Platform;
(4) third parties approved by the Platform Users or the authorized representative of the Platform Users.
OverEx Capital is committed to preventing money laundering and other illegal activities through its investment services. In accordance with applicable laws and regulations, including the Bank Secrecy Act (BSA) and its implementing regulations, our AML policy outlines the procedures we have in place to detect, prevent, and report any suspicious activity related to money laundering or other illegal activities.
Definition of Money Laundering:
Money laundering is the process of disguising illegal proceeds as legitimate funds through a series of transactions. The ultimate goal of money laundering is to make the proceeds appear legal, thus hiding the source of the funds and avoiding detection by law enforcement.
Prohibited Activities:
OverEx Capital prohibits any transaction or activity that is related to money laundering, terrorist financing, or other illegal activities. This includes, but is not limited to:
Client Identification and Verification:
OverEx Capital requires all clients to provide accurate and complete personal information when opening an investment account. This information is used to verify the client’s identity and to comply with AML regulations. In accordance with the BSA and its implementing regulations, OverEx Capital may also use additional verification methods, such as identity document verification, to confirm the client’s identity.
To comply with anti-money laundering (AML) regulations and prevent financial crimes such as money laundering, terrorism financing, and fraud, OverEx Capital is required to perform know your customer (KYC) checks on its clients.
Here is a list of the information and documents OverEx Capital should collect from its clients to proceed with KYC:
Suspicious Activity Reporting:
OverEx Capital is committed to reporting any suspicious activity to the appropriate authorities. Our employees are trained to recognize and report any suspicious activity related to money laundering or other illegal activities. Any employee who becomes aware of any suspicious activity must report it to the designated AML Compliance Officer immediately, and in accordance with the reporting requirements outlined in the BSA and its implementing regulations.
AML Compliance Program:
OverEx Capital has implemented an AML compliance program to ensure that its operations are in compliance with applicable laws and regulations, including the BSA and its implementing regulations. This program includes regular employee training, independent audits, and ongoing review and updating of our AML policies and procedures.
Conclusion :
These terms and conditions, together with our Privacy Policy, constitute the entire agreement between you and us regarding the use of our services.
By accessing or using our services, you agree to be bound by these terms and conditions. If you have any questions or concerns.
Please select a template first