Effective Date: August 30th, 2025
This User Agreement (“Agreement”) and all other policies, terms and conditions displayed across our websites, mobile apps, tools and other offerings (collectively referred to as “Services”), establishes the conditions governing your access to and utilization of the Services provided by Servanan International Pte. Ltd., 1 Raffles Place, #36-01 One Raffles Place, Singapore 048616 (“OK.com”, “we”, “us”, or “our”). By accessing or using our Services, you expressly agree to abide by all provisions set forth in this Agreement.
Read this Agreement carefully as it contains provisions that govern how claims you and we have against each other are resolved (see “Disclaimers” and “Legal Disputes” provisions below). It also contains an Agreement to Arbitrate which will, with limited exception, require you to submit claims you have against us or related third parties to binding and final arbitration, unless you opt out of the Agreement to Arbitrate. If you do not opt out: (a) you will only be permitted to pursue claims against us or related third parties on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis; and (c) you are waiving your right to pursue disputes or claims and seek relief in a court of law and to have a jury trial. Please be aware that OK.com cannot be held responsible for any losses or damages resulting from your failure to adhere to the terms of this Agreement.
Please note that certain provisions of this Agreement may not apply to you, depending on the specific Services you access or use and your jurisdiction. In such cases, those provisions shall be deemed inapplicable to the extent they are not relevant to the Services provided to you or your jurisdiction, without affecting the enforceability of the remaining terms.
- About OK.com
- Use Of the Services
- User Content
- Third-Party Services and Content
- Intellectual Property
- Listing Conditions
- Purchase Conditions
- Payment service
- Returns and Cancellations
- Fees and Taxes
- Disclaimers
- Indemnity & Release
- Legal Disputes
- General
1. About OK.com
OK.com is a marketplace that allows users to offer, sell, and buy goods and services in various geographic locations using a variety of pricing formats. OK.com is not a party to contracts for sale between third-party sellers and buyers, nor is OK.com a traditional auctioneer. While OK.com may provide tools to facilitate listing, payment, and dispute resolution, such assistance is provided as a neutral intermediary and does not constitute OK.com’s participation in the underlying transaction or assumption of seller or buyer responsibilities.
Any guidance OK.com provides as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not. We may help facilitate the resolution of disputes between buyers and sellers through various methods. Unless otherwise expressly provided, OK.com has no control over and does not guarantee: the existence, quality, safety, or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
2. Use Of the Services
2.1 EligibilityListings and purchasing on OK.com involve entering into a contract. We require all our users to be aged 18 years or older.
For users accessing our Services on behalf of another individual or organization: (a) all provisions in this Agreement referring to “you” shall apply to both you and the represented party, (b) you confirm having proper authorization to legally bind that party to the Agreement, and (c) both you and the represented party will be held accountable for any breaches of the Agreement. When creating an account to access our Services for a business or organization, you confirm that: (a) the entity is properly registered and legally recognized in its jurisdiction of formation, and (b) you have obtained proper authorization to represent this entity in all matters related to our Services.
Furthermore, eligibility to use our Services requires that you: (a) haven’t been previously banned or suspended from our platform, and (b) aren’t violating any other contractual obligations by agreeing to the Agreement.
2.2 User Account & SecurityTo utilize certain features of our Services, you may be required to create an account. When creating any account related to our Services, you are obligated to supply truthful and complete registration details, ensuring this information remains current at all times. Maintaining the privacy and protection of your login credentials is your responsibility, and you must immediately inform us of any unauthorized access to your account. We maintain full discretion to reassign account usernames, particularly when acting on behalf of entities or persons possessing legitimate legal rights, such as trademark protections, to foresaid usernames.
2.3 Prohibited ActionsBy accessing or using our Services, you agree to abide by this Agreement, our policies, terms, and all applicable laws and regulations. You must not engage in any of the following prohibited activities:
- violate any applicable laws, regulations, third-party rights, or circumvent platform systems, services, policies, or account status decisions;
- use the services without legal capacity to enter binding contracts, while suspended, or under trade or economic sanctions;
- register new accounts to avoid buying and selling restrictions or limits, or other policy consequences;
- misuse feedback, returns, dispute processes, or any other function of the Services;
- fail to pay for purchases or fail to deliver sold items without valid justification under platform policies;
- fail to complete delivery, transfer of ownership, or required documentation for transactions, including vehicles;
- manipulate prices, interfere with other users’ listings, or undermine feedback or rating systems;
- transfer or assign accounts, including feedback and user ID, without prior written consent;
- share login credentials with unauthorized parties or allow others to access accounts;
- post listings or submit content in incorrect, inappropriate, or misleading categories;
- submit or provide content that is false, inaccurate, deceptive, defamatory, illegal, harmful, or infringing;
- engage in or promote gambling activities;
- distribute spam, unsolicited messages, chain letters, pyramid schemes, or similar communications;
- upload, distribute, or deploy viruses, malware, or technologies that may harm the platform or its users;
- use bots, scrapers, data mining tools, or other automated means to access the services without express permission;
- circumvent or disable technical protections, access controls, or security features of the platform;
- take actions that impose an unreasonable or disproportionately large load on infrastructure or disrupt normal service;
- infringe intellectual property rights of the platform or any third party, including copyrights, trademarks, and patents;
- use content without authorization or reverse engineer, decompile, or create derivative works from protected materials;
- commercialize platform applications, tools, data, or content without prior express approval;
- export or re-export any part of the services in violation of export control laws or regulations;
- collect, harvest, or use user information without explicit and informed consent.
If we believe you are violating this Agreement or any of our policies, or abusing OK.com and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. We may offer a process allowing users to report claimed violations for us to consider and handle through one or more of these options, all in our sole discretion.
We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.
2.4 Platform Monitoring and Risk ControlsTo protect the integrity of the marketplace and ensure compliance with applicable laws and policies, OK.com continuously monitors merchant behavior through automated and manual systems. This includes but is not limited to transaction velocity monitoring, merchant website activity review, and fraud detection mechanisms based on behavioral patterns, content signals, and user reports. Where anomalies or violations are identified, OK.com may initiate internal risk assessments, which may result in actions such as content removal, account suspension, or reporting to third-party service providers or authorities.
OK.com may also maintain an exception reporting process, allowing internal teams and external partners to flag suspected violations or risks for further investigation. Key triggers may include abnormal transaction velocity, content violations, or fraud signals. Reported exceptions are reviewed by our compliance and risk teams, and may lead to temporary account restrictions, delisting, or further inquiries. OK.com may also share relevant findings with payment providers or law enforcement agencies where required by law or agreement. Exception reporting may also be triggered by external partners including but not limited to payment service providers, fraud monitoring vendors, or financial institutions where permitted by agreement or regulation.
3. User Content
Our platform enables users to generate, upload, save and distribute various forms of content, including text, images, videos, documents, brand identifiers, listings and other materials (referred to collectively as “User Content”). Unless otherwise specified in the license provisions herein, you maintain complete ownership of all rights pertaining to your User Content in relation to our company.
By uploading or submitting content through our Services, you grant us a worldwide, non-revocable, royalty-free license to host, display, and distribute such content solely for the purpose of promoting our Services. This license allows us to publicly display your content. You retain all ownership rights in your content.
Be aware that content and related details (like usernames or profile images) shared through our platform may become publicly visible. Certain functionalities involve third-party providers who may also receive access to your User Content when you engage with these features.
All User Content must comply with our Agreement, and you must possess full legal rights to grant the aforementioned permissions. You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this Agreement. You represent and warrant that such content is accurate, appropriate, and legal. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this Agreement, does not and will not infringe any Intellectual Property Rights of any third party. OK.com takes no responsibility and assumes no liability for any content provided by you or any third party. You affirm that your content and our authorized use of it will not infringe upon or harm any individual or organization. Prohibited content includes, but is not limited to:
- Material that is illegal, offensive, explicit, threatening, privacy-invasive, or otherwise objectionable;
- Deceptive, fraudulent or misleading information that could promote dishonest practices;
- Content we deem inappropriate or potentially harmful to our community;
- Items violating intellectual property rights, including patents, trademarks or copyrights;
- Material promoting illegal activities or violating applicable laws;
- Dishonest representations or unauthentic claims;
- Unsolicited commercial content, political messages or advertisements;
- Personal or financial information of third parties without consent; or
- Malicious software or corrupted files.
OK.com’s automated systems scan and analyze the contents of every message sent through its messaging platforms (including but not limited to chat and email channels), including messages between users, to: (a) detect and prevent fraudulent activity or violations of OK.com's Agreement, including the incorporated terms, notices, rules, and policies and (b) provide and improve our Services. This may result in a manual review of messages sent through our messaging tools. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. OK.com may store message contents, including to conduct this scanning and analysis.
4. Third-Party Services and Content
When using our platform, you may encounter various third-party services and content. These external offerings are not under our control or responsibility, and their use is governed by their respective providers’ terms and policies.
4.1 Third-party service accessOur platform may provide connections to external services operated by third parties, which could include links to other websites, video platforms, communication tools, or special offers outside our ecosystem (“Third-party Services"). For instance, social media accounts you link to your profile through sharing settings qualify as Third-party Services. Any interactions or transactions with these third parties occur solely between you and the provider. We neither endorse nor guarantee the quality of any Third-party Services, and your use of them is entirely at your own discretion. Please note that our Agreement and Privacy Policy do not govern these Third-party Services. You bear full responsibility for how you engage with them, and we recommend reviewing the relevant terms and privacy policies before sharing any information. We reserve the right to modify or discontinue your access to these Third-party Services through our platform at any time.
4.2 Third-party and User-generated materialsThe platform displays various materials including images and descriptions contributed by third parties and users (“Third-party Content”). This also includes any content you access via Third-party Services. Please be aware that such Third-party Content may be protected by intellectual property laws. You must refrain from copying, modifying, extracting, distributing, or creating derivative works from this content unless expressly permitted in our agreement.
We assume no liability for any Third-party Content, including potential inaccuracies, errors, or intellectual property violations present in such materials. While we're not obligated to monitor or review Third-party Content, we retain the right to examine and remove any such materials at our discretion. You acknowledge and accept all risks associated with using or relying on Third-party Content, including concerns about its accuracy, completeness, or practical value.
5. Intellectual Property
All intellectual property rights pertaining to our platform and services are exclusively owned by us. Your usage of our Services must strictly comply with the permissions outlined in this Agreement, and you are expressly prohibited from reproducing, altering, or otherwise utilizing our brand name or logos without authorization.
We maintain complete ownership of all intellectual property associated with our platform. This encompasses all service content, along with our company name, logos, product/service names, taglines, distinctive packaging designs, and any other registered trademarks or service marks (“OK.com Trademarks”). With the exception of third-party materials, all content displayed on our platform, including its visual design and user interface (“Service Content”), is the exclusive property of our company or its licensors, protected under copyright, patent, trademark, trade secret, and other applicable intellectual property laws.
You expressly agree not to duplicate, modify, extract, distribute, create derivative works, or engage in any similar activities involving the Service Content unless specifically permitted under this agreement. Any utilization of our Services or Service Content beyond the expressly authorized scope constitutes a violation of this Agreement. All positive brand association and recognition derived from the use of OK.com Trademarks shall exclusively benefit our company. Rights not explicitly granted herein remain strictly reserved.
Please note that other corporate names, product names, and logos displayed within our Services belong to their respective owners. The appearance of such third-party references within our platform does not indicate our endorsement, sponsorship, or recommendation of those products, services, or companies.
Notice and Takedown: We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act, and other similar mechanisms in various jurisdictions. OK.com works to ensure that items and content using our Services do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our legal team (legal@ok.com) and we will investigate.
6. Listing Conditions
When listing an item for sale on our Services, you agree that:
- A listing must offer either a physical item, a digitally delivered good, or a service for sale. Want ads, place holders, or offer to trade are not allowed;
- Any item offered for sale must be delivered to the buyer. The seller may not retain possession of the item on behalf of the buyer unless the sale is part of consignment service;
- All listings on OK.com should be a legitimate offer of goods or services that are made sincerely and transparently. Any attempt to mislead or deceive buyers, other sellers, OK.com, or any other interested party, or any attempt to circumvent any other OK.com policy, is not allowed;
- You assume full responsibility for the item offered and the accuracy and content of the listing, including listing content created using tools offered by OK.com or third parties such as translation, image editing, and generative artificial intelligence tools;
- Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). OK.com can't guarantee exact listing duration;
- The content you provide complies with all of our listing policies;
- It is not allowed to use third-party statements or logos that vouch for a seller's 'reputation' or 'trustworthiness' in listings or products;
- Clear and accurate information about where the item is located, including the postal code, city and country where the item will ship from, must be included in listings; Item location information must be consistent across all areas of the listing including title, description and item specifics; A tracking number uploaded after an item has sold must match the shipping location provided in the listing
- You are not allowed to manipulate search and browse experience by adding popular keywords in your listings that don't have any relation to your items, or using other tactics that could mislead buyers:
- Manipulating search results to gain unfair visibility of a listing is not allowed;
- Using keywords that are not directly related to the item for sale is not allowed. All the words in the listing need to be accurate and refer only to the item for sale;
- If the item is an accessory for or compatible with another item, “fits”, “for” or “compatible with” should be stated before the name of the compatible item. However, “fits”, “for” or “compatible with” is not allowed before the brand names of jewelry, clothing and accessories, or universally compatible items;
- Listings that make comparisons with other products are not allowed;
- Listings that promote other listings are not allowed;
- Listings can't include keywords with question marks, as this can be misleading for buyers. If any item details are unclear or unknown, they should be left out of the listing;
- Content that violates any of OK.com's policies may be modified, obfuscated, or deleted at OK.com's sole discretion;
- We don't allow more than one fixed price listing of an identical item at the same time from the same seller. We may revise listings to supplement, remove, or correct information;
- We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
- buyer's location, search query, browsing site, and history;
- item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
- seller's history, including listing practices, Detailed Seller Ratings, OK.com policy compliance, feedback, and defect rate; and
- number of listings matching the buyer's query.
- To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer;
- Some advanced listing upgrades will only be visible on some of our Services;
- Metatags and URL links that are included in a listing may be removed or altered;
- We may provide you with optional information to consider when creating your listings. Such information may be based on the aggregated sales and performance history of similar sold and/or current listings; results may vary for individual listings;
- You agree that we may display the sales and performance history of your individual listings (and their associated campaigns) to others;
- For items listed in certain categories, subject to certain programs, and/or offered or sold at certain price points, OK.com may require the use of certain payment methods. For example, for inventory covered by authentication or storage services, buyer and sellers may be subject to escrow and/or payment handling requirements;
- You will not sell and will promptly remove all listings for any product recalled by a manufacturer or governmental agency if the sale of the product is prohibited by law or regulation or if the product poses a health or safety hazard as specified by any governmental agency. OK.com has no responsibility or liability for the safety or performance of any product that you list or sell using our Services, including any product that is subject to a recall. You are solely responsible for any non-conformity or defect in, or compliance with any public or private recall of, any product you list or sell using our Services;
- com may publish and promote your listings, including related content such as username, product reviews and feedback, in any format and through any channel, including across any OK.com, our partners, or third-party property or advertising medium; and
- We may display third-party advertisements (including links and references thereto) or other content in any part of our Services, including listings, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers.
Certain items, services, or content, including but not limited to the following, are strictly prohibited from being listed, posted, or communicated on OK.com. We reserve the right to take any action we deem appropriate in response to violations, including but not limited to removing the content, restricting or suspending your account, and pursuing any other remedies available to us under applicable law or this Agreement.
- Weapons and Ammunition
- Drugs and Prohibited Substances
- Hazardous and Dangerous Items
- Human Tissues
- Counterfeit and Infringing Goods
- Personal and Sensitive Data
- Religious Prohibited Items
- Indigenous Heritage Items
- Endangered Species Products
- Invasive Species
- Pornographic and Obscene Content
- Safety-Sensitive Items
- Medical Devices / Pharmaceuticals
- Illegal Services
- Financial Products
7. Purchase Conditions
When buying an item using our Services as a buyer, you agree to the rules and policies and that:
- You are responsible for reading the full item listing before making an offer, buying, or committing to buy;
- You enter into a legally binding contract to purchase an item when you buy the item, commit to buy the item, your offer for the item is accepted, regardless of when payment is due or received unless the transaction terms state that you are required to pay for the item before a binding contract is formed;
- We do not transfer legal ownership of items from the seller to you.
To help provide a safe experience, we only allow payment methods made available by our payment service provider for buyers and sellers. Available payment options may vary depending on the item price, listing category, the buyer's location, the delivery address, and the buyer's device. Activity on OK.com is required to follow this policy, the Agreement and all applicable laws, as well as respect the rights of third parties. If it doesn’t, OK.com may take action consistent with applicable laws and the Agreement, and may even be legally required to do so. Such actions may include, as an example only: Removing the listing or other content, issuing a warning, restricting activity or account suspension.
8. Payment service
8.1 General ProvisionsTo access and use our payment service, you need to be at least 18 years old.
Payments for goods and services sold using our Services are facilitated by Airwallex (Singapore) Pte. Ltd. (“Airwallex”) pursuant to the Terms & Policies of Airwallex. You agree to the Terms & Policies of Airwallex to the extent applicable to you. To receive payment for an item sold using our Services, you must accept and comply with the Terms & Policies of Airwallex, including the requirements to provide to Airwallex information about you, your business, and the financial account you will use to receive payments.
You may seek returns or cancellations on our Services. Refund timing may vary in accordance with the rules of third parties, such as credit and debit card networks.
If you are a buyer:
- You may pay for items and services using the payment methods that Airwallex make available, and Airwallex will manage settlement of the payment to sellers. Airwallex will collect the transaction amount on behalf of the seller by charging your selected payment method. Accordingly, payments received by Airwallex from you will satisfy your obligations to pay the seller in the amount of payments received;
- In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, Anti-Money Laundering ("AML") compliance, compliance with economic or trade sanctions, in connection with OK.com's internal risk controls or due to potential violations of any policy of OK.com or Airwallex, or a policy of one of Airwallex 's third-party payment service providers;
- Airwallex or its affiliates may save payment information, such as credit card or debit card numbers, and card expiration dates, entered by you on our Services when you make a purchase, redeem a coupon, or make any other transaction on our Services where card information is entered. OK.com will not save such information in accordance with applicable PCI DSS standards. Such stored payment information may be used as your default payment method for future transactions on our Services. At any time, you can update your card information or enter new card information, at which point the new card information shall be stored as your default payment method. You may make changes to your default payment method through the payment function in OK.com. You are responsible for maintaining the accuracy of information we have on file, and you consent to OK.com and Airwallex updating such stored information from time to time based on information provided by you, your bank or other payment services providers. You will only provide information about payment methods that you are authorized to use. By placing a payment method on file with us, you authorize Airwallex to charge your payment method(s) for any and all amounts arising from your use of our Services, including charges to recover the proceeds of any fraud perpetrated by you, or charges necessary to recoup amounts refunded to you in error;
- You agree to comply with, and not cause a third party to violate, all applicable laws, regulations, rules and terms and conditions in connection with the use of the services provided by Airwallex. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payment services providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with payment service transactions. Failure to abide by third-party terms and conditions may result in fees assessed to you (for example, currency conversion fees from your credit card issuer if the transaction currency is different from your credit card currency) or other actions taken by such third parties, and you agree that OK.com and Airwallex have no control over, or responsibility or liability for, such fees or actions.
In order to use our Services, you must register and accept the Agreement. Your submission of your application for payment service constitutes your offer to conclude this agreement. If your onboarding is not immediately confirmed, you will receive notification that you have been approved to receive services once we have reviewed your information.
To use payment service, you must:
- Link a financial account, so you may receive settlements of proceeds from payment service to this account (“Linked Financial Account”). Your Linked Financial Account must be a bank account based in your country of residence, or such other type of account or instrument (such as a debit card) that we may permit in our discretion. If we cannot make direct debits from your Linked Financial Account, we require you to keep another payment method on file with us and we may instruct our payment service provider to withhold payouts to your Linked Financial Account until you have successfully provided us with such other payment method.
- At this time, you may only use our payment service to receive disbursements to a Linked Financial Account. You may change your Linked Financial Account at any time as permitted by us. Payouts will be made to your Linked Financial Account subject to (a) your completion of the Linked Financial Account verification process, and (b) the completion of our assessment for security and risk purposes and under our anti-money laundering and other legal obligations. Our assessment typically takes up to seven (7) days after your completion of the verification process, or longer if any issues or irregularities arise in which case we will complete our assessment without undue delay. If you reside in an additional country and we offer you the option to receive payouts to more than one Linked Financial Account, we will allocate your payouts among your Linked Financial Accounts in conformity with your instructions. By adding a Linked Financial Account to your OK.com account, you represent and warrant that you are the lawful owner of, or have the lawful right to use, any Linked Financial Account you associate with your account. In certain circumstances, we may permit you to direct payouts to a Linked Financial Account owned or controlled by your legal representative. If you elect to receive payouts to a Linked Financial Account owned or controlled by a legal representative, you represent and warrant that the legal representative has the authority to receive payouts on your behalf, and you fully release us from any and all liability for losses you may sustain arising from disbursements made by us to the legal representative under this Agreement.
- Provide us with all information which we may require for purposes that include: verifying your identity, complying with applicable laws and regulations such as anti-money laundering and sanctions screening obligations, allowing us to manage settlements of your transaction proceeds, and assessing fraud and risk. If you are an individual, this information may include, without limitation, your full name, address, phone number, date of birth, taxpayer identification number, bank account information, and a form of government-issued identification (e.g., a copy of your identity card or driver's license). If you are a business, this information may include, without limitation, your full business name, address, phone number, entity type, bank account information, tax identification number, and business number, in addition to details regarding your beneficial owner(s), director(s), officer(s), authorized representative, legal representative, and/or primary contact, such as name, contact information, nationality, title, and government-issued identification (such as a United States Social Security Number). You understand that we will be unable to settle your proceeds or issue you any tax documents (such as a United States Internal Revenue Service Form 1099-K) if you do not provide or appropriately update us with accurate contact information and other requested data.
- Provide us with all information necessary to authenticate you or your payment transactions, which may include validation of your phone number or email. You understand that we may be unable to execute certain transactions or complete certain requests without this information.
- Maintain in a timely manner the accuracy of the information we have on file, and consent to our periodic updating of such stored information based on information provided by you, your bank, or other payment services providers. You will only provide us information about payment or settlement methods that you are authorized to use. You understand that if you update information such as your country of residency, you may need to repeat some or all of the onboarding steps described above to continue using payment service.
- Comply with all, and not cause a third party to violate any, applicable laws, regulations, rules, and terms and conditions in connection with your use of OK.com. You will not use payment service to move funds associated with gambling. You understand that some third parties (such as banks, credit and debit card issuers, credit and debit card networks, and payment services providers) may have their own terms and conditions for the payment or settlement methods you or buyers choose to use in connection with payments that we manage, such as terms and conditions that relate to the settlement of funds, chargebacks, prohibited items, and overdrafts. Failure to abide by third-party terms and conditions may result in fees assessed to you, delays in your receipt of funds, or other actions taken by such third parties. You agree that we have no control over, or responsibility or liability for, such fees, delays, or actions.
You authorize us or third-party service providers to verify and evaluate information you provide to us, including by verifying the existence of your bank account, verifying your identity and other personal information, obtaining reports from third parties, or comparing information you provide to us with information provided by third parties. Such third parties may include without limitation banks, credit and consumer reporting agencies, data brokers and service providers. We reserve the right to close, suspend, or limit your account or rescind your access to any or all of our Services in the event we are unable to obtain or verify any of this information. We are not responsible for any losses suffered by you as a result of incomplete or inaccurate information you provide.
8.3 Payout CurrencyYour “Payout Currency” is the currency that we will use for settling your transaction proceeds to your Linked Financial Account. We will generally determine your Payout Currency as follows, unless you and we agree otherwise:
- If you are a seller residing or established in the United States, your Payout Currency is the US Dollar.
- If you are a seller residing or established in the United Kingdom, Switzerland, Liechtenstein, or Australia, your Payout Currency will be based on your country of residence.
- If you are a seller residing or established in Canada, your Payout Currency will be the Canadian Dollar or, if offered by us and selected by you, the US Dollar.
- If you are a seller residing or established in additional countries, then your Payout Currency is the US Dollar, or such other currency as we may offer and you may select as determined by your country of residence.
We may enable further Payout Currencies at our sole discretion in the future. Where offered by us and agreed upon by you and your buyer, your buyer may pay for an item you sell with currency other than your Payout Currency. When this happens, the paid amount will be converted into your Payout Currency prior to disbursement of the funds to you, using the applicable transaction exchange rate and assessing the currency conversion charge. Similarly, your receipt of the Services may cause you to incur fees which are published in a currency other than your Payout Currency; if this happens, we may convert such fees into your Payout Currency in the same manner as described in the prior sentence.
Further, if you live in additional countries, the financial institution you opened your Linked Financial Account with may charge you a separate fee for converting your funds from the US Dollar to your local currency.
8.4 SecurityYou acknowledge the importance of the security measures we put in place with regards to payment service, and agree to comply with them. You are responsible for maintaining the security of all passwords, codes, or other login credentials used to access your OK.com account and the related payment service and, for any transactions made or actions taken using your OK.com account.
If you become aware of an unauthorized payment transaction or of a delayed or incorrectly executed transaction, you must notify us immediately by using a contact method stated in the Agreement.
8.5 Third-Party ProvidersWe may use third-party service providers (for example companies that process payments and disburse settlements, perform risk assessments or compliance checks, verify identity, or validate payment or settlement methods) in different locations to assist us in providing payment service. Third party service providers may further outsource the services to other third-party service providers. In this context we may transfer your data to such third-party service providers to whom services are outsourced. As relating to outsourced services, you hereby explicitly agree to our use of such third-party service providers to assist us in providing payment service and the outsourcing of services in relation thereto (including the right to sub-outsource), and you accept that the obligation of secrecy does not exist with respect to the related transfer of data (e.g. contact details, account information, sales related information) to such third-party service providers. Third-party service providers are either subject by law to a professional secrecy obligation, as provided by the law applicable to the third-party service providers, or will be contractually bound to comply with strict confidentiality rules. Customer data transferred in accordance with these purposes will only be accessible to a limited number of persons within the relevant Third-party service providers, on a need-to-know basis. Regardless of whether we use third-party service providers, we remain responsible to you for the performance of the services contemplated under the Agreement.
8.6 Term, Termination of Payment serviceThese terms related to payment service are effective indefinitely, unless terminated in accordance with the below.
Without prejudice to terms related to terminations in the Agreement, we may terminate this “Payment service” section by giving written notice fourteen (14) days prior via email to your registered email address. However, we may also terminate this “Payment service” section on less notice or with immediate effect in the following scenarios:
- We are required to do so by law or a court order,
- A governmental authority requires us to do so to comply with anti-money laundering or counter-terrorism financing obligations,
- We have reasonable grounds to believe you are carrying out a prohibited or illegal activity (including, but not limited to, financial crimes such as fraud, bribery, corruption money laundering, or sanctions violations),
- We are unable to verify your or your business's identity, or any other information pertaining to you, or
- You are otherwise in breach of a material contractual obligation of the Agreement, or seriously or persistently violating any provisions of these terms in any other way.
Your use of OK.com as a seller requires continued registration for payment service. Should you therefore terminate this agreement, you will not be able to use OK.com provided. You may terminate this “Payment service” section and close your payment account, without prejudice to the termination events foreseen above, by giving one (1) month notice by notifying us via email at Servanan_finance@ok.com or by contacting the Customer Service via any of the available communication methods. If you apply for the payment service after such termination, you will be deemed to have again accepted the provisions related to payment service.
Termination of this section shall not affect the rights or liabilities of either party accrued until termination and/or any terms intended (expressly or implicitly) to survive termination, including your obligation to pay amounts owed to us relating to your activities prior to termination and our right to collect from you such amounts. If there are pending payment transactions at the time the termination takes effect, they will be processed pursuant to this Agreement unless prohibited by law. As of the effective date of the termination, you will not be able to sell any items on OK.com anymore.
8.7 Seller WithdrawalsSellers may request withdrawals of their available balance from their designated payment sub-account maintained via our third-party payment service provider (currently Airwallex) to their Linked Financial Account, subject to the terms and conditions of this Agreement and those of the payment service provider. Withdrawals are processed in accordance with internal risk and compliance assessments, and may be subject to review, delay, or rejection if suspicious activity is detected or applicable verification requirements are unmet.
To offset transaction and processing costs, a withdrawal fee may apply, as disclosed in our Fees and Taxes section or otherwise made available through your account interface. In order to avoid excessive transaction fees and ensure operational efficiency, we may impose a minimum withdrawal threshold. If your available balance is below this amount, you may not be able to request a withdrawal until your balance exceeds the threshold.
You are solely responsible for ensuring the accuracy and completeness of the payment instructions you provide to us. We are not liable for losses resulting from incorrect payment details or actions taken by third-party financial institutions. In cases of failed or returned withdrawals due to invalid or closed accounts, reversal fees may apply.
Withdrawals shall be denominated and settled in your selected Payout Currency, subject to applicable exchange rates and currency conversion charges if your sub-account balance is held in a different currency. Currency conversions, if any, will be performed by the payment service provider at the prevailing market rate, and applicable fees may be deducted prior to final settlement.
9. Returns and Cancellations
Buyers may cancel an order any time before the buyer makes the payment. Sellers may cancel an order before shipment. Upon a valid pre-shipment cancellation, the transaction will be voided and any payment already made will be refunded to the original payment method, IN AN AMOUNT EQUAL TO THE ORIGINAL PAYMENT MINUS ANY APPLICABLE SERVICE FEES.
Once an item has been shipped, the order is no longer eligible for unilateral cancellation. Any request for return or refund after shipment must be submitted to our customer support team. We will facilitate communication between the parties to help them reach a mutually acceptable resolution; both parties must respond promptly and in good faith. Unless required by applicable law or expressly stated in this Agreement, the platform does not guarantee a specific outcome.
For purposes of this Agreement, an order is deemed “Shipped” when either of the following first occurs:
- The logistics carrier records the initial scan event for the parcel (as shown in the carrier’s tracking system); or
- The seller uploads a valid tracking number and proof of handover to the carrier, and the platform system accepts such submission.
If the timestamps or records conflict, the carrier’s official tracking log prevails unless the seller provides clear and verifiable evidence to the contrary.
10. Fees and Taxes
10.1 BuyerBuyers are responsible for service fees (specified in the Fee Schedule) charged by OK.com in connection with the use of our Services. These service fees may include, without limitation, transaction processing fees, platform usage fees, and other applicable charges associated with purchasing goods or services via the platform. Such fees will be clearly disclosed at checkout and reflected in the total amount payable by the buyer. Service fees are payable in addition to the item price and any applicable taxes or shipping charges, and will be collected by OK.com or our designated payment service provider at the time of transaction.
We may change our fees from time to time by posting the changes on OK.com site fourteen (14) days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
Depending on the tax legislation of the country where the buyer is located or where an order is being delivered, Goods and Services Tax (GST), sales tax, Value Added Tax (VAT) or similar consumption tax may apply to these fees. Whether the tax is included in the listing price, added to the buyer's order total or charged at the border depends on the item's location, the buyer's shipping address and the order price. If OK.com is required to collect tax on fees, OK.com will add the tax as a separate charge at checkout or include the tax in our fees.
10.2 SellerYou as a seller must have a payment method on file when using our selling Services and pay all fees and applicable taxes associated with your use of our Services by the payment due date. If your payment method fails or your account is past due, we may place restrictions on your account.
Depending on the Payout Currency applicable to you, the following withdrawal fee and minimum withdrawal threshold (in the Payout Currency) will apply:
Payout Currency |
Minimum Withdrawal Threshold |
Withdrawal Fee |
USD |
20 |
3~15 |
CAD |
30 |
5~23 |
SAR |
76 |
12~57 |
AED |
74 |
12~56 |
GBP |
19 |
3~14 |
HKD |
157 |
24~118 |
SGD |
29 |
5~22 |
AUD |
34 |
6~26 |
NZD |
37 |
6~28 |
Depending on the seller's location, sales tax, Value Added Tax (VAT), Goods and Services Tax (GST), or similar consumption tax may apply to OK.com selling fees. If OK.com is required to collect such taxes in your jurisdiction, OK.com will add the tax as a separate charge on your seller invoice or include the tax in our fees. Please ensure that your registration address is up to date, so that we know where you are based. OK.com reserves the right to request additional verification regarding a seller's taxable status from either the seller or from government authorities, as permitted by law. Such information will be processed in accordance with the terms of the Agreement and Privacy Notice. All information related to your taxable status (including personal information and tax or business registration numbers) will be processed in accordance with Privacy Notice. Sellers are required by law to declare and pay taxes on income earned from their sales.
11. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY OK.COM OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE.
WE TRY TO KEEP OUR SERVICES SAFE, SECURE, AND FUNCTIONING PROPERLY, BUT WE CANNOT GUARANTEE THE CONTINUOUS OPERATION OF OR ACCESS TO OUR SERVICES. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OK.COM DOES NOT WARRANT THAT THE SERVICES, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OK.COM (INCLUDING OUR PARENT, SUBSIDIARIES, AND AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES) BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CLAIM AT LAW OR IN EQUITY FOR ANY CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OTHER INTANGIBLE LOSSES, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES), AND ALL SUCH DAMAGES OR LOSSES ARE EXPRESSLY EXCLUDED BY THIS AGREEMENT WHETHER OR NOT THEY WERE FORESEEABLE OR OK.COM WAS ADVISED OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE (INCLUDING OUR PARENT, SUBSIDIARIES, AND AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES) ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OTHER INTANGIBLE LOSSES, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM:
- the content you provide (directly or indirectly) using our Services;
- your use of or your inability to use our Services;
- pricing, shipping, format, or other guidance provided by OK.com;
- delays or disruptions in our Services;
- viruses or other malicious software obtained by accessing or linking to our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Services;
- damage to your hardware device from the use of any OK.com Service;
- the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
- a suspension or other action taken with respect to your account or breach of Use of the Services (Section 2) above;
- the duration or manner in which your listings appear in search results as set out in the Listing Conditions section above; or
- your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Notwithstanding anything to the contrary in this Agreement, if we are found to be liable to you or any third party, our total liability shall be limited to the greater of: (a) the amount of fees actually paid by you to us for the services in dispute during the twelve (12) months immediately preceding the event giving rise to such liability, or (b) one hundred Singapore dollars (SGD 100). This limitation applies regardless of the theory of liability and whether the action is based in contract, tort, negligence, strict liability, or otherwise.
12. Indemnity & Release
To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless OK.com, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the “Indemnified Parties”) from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) the hosting, operation, management and/or administration of the Services by or on behalf of OK.com, (b) your violation or breach of any term of this Agreement or any policy or guidelines referenced herein, (c) your use or misuse of the Services, (d) your breach of any law or any rights of a third party, or (e) any Content uploaded by you.
If you have a dispute with one or more users, you release Indemnified Parties from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
13. Legal Disputes
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND OK.COM HAVE AGAINST EACH OTHER ARE RESOLVED.
In this Legal Disputes section, the term "related third parties" includes your and OK.com's respective affiliates, subsidiaries, parent companies, predecessors, successors, assigns, as well as your, OK.com's, and these entities' respective employees and agents.
You and OK.com each agree that any and all claims or disputes at law or equity that has arisen, or may arise, between you and OK.com (or any related third parties) that relate in any way to or arise out of this or previous versions of this Agreement, your use of or access to the Services, the actions of OK.com or its agents, or any products or services sold, offered, or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes section.
13.1 Applicable LawThis Agreement shall be governed by and construed in accordance with the laws of Singapore without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed.
13.2 Agreement to ArbitrateYou and OK.com each agree that any and all disputes or claims between you and OK.com (or any related third parties) that arise out of or relate in any way to this or previous versions of the Agreement, your use of or access to our Services, the actions of OK.com or its agents, or any products or services sold, offered, or purchased through our Services, including the scope or applicability of this Agreement to Arbitrate (each, a "Dispute") shall be resolved exclusively through final and binding arbitration, rather than in court. The exception to this Agreement to Arbitrate is you or OK.com may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Agreement to Arbitrate, "Dispute" will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Agreement as well as claims that may arise after the termination of this Agreement, unless those disputes were noticed prior to this Agreement.
- Waiver of Jury Trial
YOU AND OK.COM HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and OK.com are instead electing that all Disputes shall be resolved by arbitration under this Agreement to Arbitrate, except as specified in “Agreement to Arbitrate”.
- Waiver of Class and Representative Actions and Non-Individualized Relief
EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Agreement to Arbitrate, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim.
Notwithstanding anything to the contrary in this Agreement to Arbitrate, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this Section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and OK.com agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be brought in court, subject to your and OK.com's right to appeal the court's decision. All other Disputes, aside from those explicitly exempted, shall be arbitrated. This section does not prevent you or OK.com from participating in a class-wide settlement of claims.
- Arbitration Procedures
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individualized basis that a court can award to an individual. An arbitrator will apply the terms of the Agreement as a court would. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Agreement to Arbitrate, including the enforceability, revocability, scope, or validity of the Agreement to Arbitrate or any portion of the Agreement to Arbitrate, except that all Disputes regarding "Waiver of Class and Other Non-Individualized Relief" including any claim that all or part of that Section is unenforceable, illegal, void or voidable, or that such Section has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator.
The award of the arbitrator is final and binding upon you and us. Unsatisfied judgments on the arbitration award may be entered in any court having jurisdiction.
Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever arising out of or relating to this Agreement against or relating to OK.com or any Indemnified Party under this Agreement shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Section. There will be one (1) arbitrator and the language of the arbitration shall be English.
A party who wishes to initiate arbitration must provide the other party with a demand for arbitration (the “Demand”). A Demand to OK.com should be sent by mail to Servanan International Pte. Ltd., Attn: Legal Department, 1 Raffles Place, #36-01 One Raffles Place, Singapore 048616. If OK.com initiates an arbitration against you, it will send a Demand to the physical address we have on file associated with your OK.com account; it is your responsibility to keep your physical address up to date. The Demand must include: (a) the name, telephone number, mailing address, e‐mail address, and OK.com user name of the party seeking arbitration; (b) a statement of the legal claims being asserted and the factual bases for those claims; (c) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy; and (d) a statement certifying that the requesting party will pay any necessary filing fees in connection with such arbitration. If the party requesting arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Demand.
The parties agree that the arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The parties agree that the arbitrator shall not be bound by rulings in prior arbitrations involving different users but shall be bound by rulings in prior arbitrations involving the same OK.com user to the extent required by applicable law. The arbitrator's award shall be final and binding, and an unsatisfied judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- Fees and Costs
Payment of all filing, administration, and arbitrator fees will be governed by the applicable SIAC Schedule of Fees (the "Fee Schedules").
- Severability
Except as provided in "Waiver of Class or Other Non-Individualized Relief", if any part or parts of this Agreement to Arbitrate are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement to Arbitrate shall continue in full force and effect. You further agree that any Dispute that you have with OK.com as detailed in this Agreement to Arbitrate must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
- Opt-Out Procedure
YOU CAN CHOOSE TO OPT OUT OF THIS AGREEMENT TO ARBITRATE ("OPT OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN THE EFFECTIVE DATE OF THE AMENDMENT OR 30 DAYS FROM THE DATE YOU FIRST ACCEPT THIS AGREEMENT. YOU MUST MAIL THE OPT-OUT NOTICE TO SERVANAN INTERNATIONAL PTE. LTD., ATTN: LEGAL DEPARTMENT, 1 RAFFLES PLACE, #36-01 ONE RAFFLES PLACE, SINGAPORE 048616. You must complete, sign, and mail that to us to opt out of this Agreement to Arbitrate. You must sign the Opt-Out Notice for it to be effective. Any Opt-Out Notice will be effective only if you send it yourself, on an individual basis, and opt-out notices from any third party purporting to act on your behalf will have no effect on your or OK.com’s rights. This procedure is the only way you can opt out of this Agreement to Arbitrate.
Opting out of this Agreement to Arbitrate has no effect on any arbitration agreement(s) you may currently have with us, including any previous version of this Agreement to Arbitrate to which you agreed; all such prior arbitration agreements remain in effect unless superseded by this Agreement, and you cannot use this procedure to opt out of any previous version of this Agreement to Arbitrate. Neither you nor OK.com waives any right to arbitration that may apply to any current or pending lawsuit, arbitration, or legal proceeding commenced prior to the effective date of this Agreement to Arbitrate. If you opt out of this Agreement to Arbitrate, all other parts of this Agreement and its Legal Disputes section will continue to apply to you.
- Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address provided herein) in the future, that amendment shall not apply to any claim already filed in arbitration against OK.com prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and OK.com. We will notify you of material amendments to this Agreement to Arbitrate. We will provide you 30 days' notice by posting the amended terms on OK.com. Additionally, we will notify you through OK.com Message Center and/or by email. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms. Your continued use of or access to our Services, including the acceptance of any products or services sold, offered, or purchased through our Services following the posting of changes to this Agreement to Arbitrate constitutes your acceptance of any such changes.
13.3 Judicial Forum for Legal DisputesIf the Agreement to Arbitrate above is found not to apply to you or to a particular claim, request for relief, or Dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute between you and OK.com will be resolved exclusively by a capable court located in Singapore. You and OK.com agree to submit exclusively to the personal jurisdiction of the courts located within Singapore for the purpose of litigating all such claims, disputes, or matters.
14. General
- You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations. OK.com reserves all rights not expressly granted herein.
- If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
- com may modify this Agreement at any time by posting the revised Agreement on this website. Your continued use of this website and/or receipt of any Services (including, for the avoidance of doubt, the continued provision of an account to you by OK.com) after such changes have been posted (regardless of whether you have reviewed such changes) shall constitute your acceptance of such revised Agreement. OK.com may (but shall not be obliged to) notify you that a change to the Agreement has been made, and you should keep yourself updated as to whether any such changes have been made, and the content and effect of such changes. Without limiting OK.com's ability to refuse, modify, or terminate all or part of our Services, OK.com may also terminate this Agreement with anyone at any time for any reason, at our sole discretion, by giving notice of such termination.
- Nothing in this Agreement shall constitute a partnership, joint venture or principal-agent relationship between you and OK.com, nor does it authorize you to incur any costs or liabilities on OK.com’s behalf.
- Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
- This Agreement is solely for your and our benefit and are not for the benefit of any other person or entity, except for OK.com's affiliates and subsidiaries (and each of OK.com's and its affiliates' and subsidiaries' respective successors and assigns).
- The terms set forth in this Agreement and any agreements and policies included or referred to in this Agreement constitute the entire agreement and understanding of the parties with respect to the Services and the Site and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by this Agreement, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in this Agreement. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. This Agreement may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
- Headings are for reference purposes only and do not limit the scope or extent of such section.
- If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
- The following sections survive any termination of this Agreement: Fees and Taxes, User Content, Third-Party Services and Content, Intellectual Property, Payment service, Disclaimers, Indemnity & Release, Legal Disputes, and General.
- If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
- Unless otherwise stipulated by law, in case of any discrepancies between different language versions of this Agreement, the English version shall prevail to the extent permitted by applicable law.
- Unless otherwise stated, references to ‘days’ in this Agreement shall mean calendar days.
- If you have any questions or concerns about this Agreement or any issues raised in this Agreement or on the Services, please reach out to legal@ok.com.