By using CoinEx P2P service, you acknowledge that you have read, understood and accepted all of the terms and conditions in this CoinEx P2P Terms & Conditions (this “T&C”) and the Documents (as defined below), and you acknowledge and agree that you will be bound by and will comply with the terms contained in this T&C and in the Documents. If you do not accept this T&C or the Documents in its entirety, you should immediately stop using any service provided by CoinEx, including CoinEx P2P service.
The terms and conditions in this T&C are supplementary to CoinEx Term of User Agreement, Privacy Policy, and Disclaimer and/or any Agreements, terms, policy or related trading services as may be published by CoinEx from time to time (collectively, the “Documents”).
For the avoidance of doubt, the T&C and the Documents may be revised and amended from time to time. By using any services provided by CoinEx, you agree to accept all of the terms in all updated versions of this T&C and the Documents. You are strongly advised to read all the terms in this T&C and in the Documents prior to using any services of CoinEx.
1. P2P Service:
- CoinEx P2P service allows users to directly trade Digital Assets with other users on CoinEx P2P platform (the “P2P Platform”). You may trade on our P2P Platform to buy or sell Digital Assets as an Advertiser or a Taker.
- Advertisers may publish an offer on P2P Platform to buy or sell Digital Assets available on the P2P Platform (“Advertisement”). An Advertisement includes the amount of Digital Assets that you would like to trade, the price that you would like to trade for your Digital Assets, the Order Limit and Availability, the payment method that you would like to use and other applicable terms and conditions for your offer.
- Taker may accept an order to Advertisement by indicating the amount of Digital Assets that you would like to trade. As a Taker, you must use a payment method supported by the Advertisement for which you are accepting the order and you must comply with the terms and conditions set by the Advertiser.
- You may either be an Advertiser or a Taker on the P2P Platform.
- Advertiser is an independent party on the P2P Platform. We do not guarantee that the Advertiser is credible or reliable or that there is any guaranteed relationship between the P2P Platform and the Advertiser. We do not endorse any Advertiser or any Advertisement, or that the Advertiser or the Advertisement are true or free of any encumbrances.
- All Takers shall be at their own risks to trade with any Advertiser. If there is any doubt on the Advertiser, we strongly recommend not to trade with the Advertiser. We shall not be liable for any losses incurred by any users on the P2P Platform.
- The Advertiser shall only use this P2P Platform solely for lawful trading purposes, and is strictly prohibited to engage in any illegal practices or improper activities. However, you acknowledge that CoinEx is not responsible or liable to any Advertiser or Advertisement which is related to or associated with any illegal or improper activities.
- CoinEx shall have the absolute right to halt, cancel or remove any Advertisement published on the P2P Platform or restrict any users to use any service provided by CoinEx without reasons.
- We may require an Advertiser to satisfy certain eligibility criteria to be able to publish an Advertisement on the P2P Platform, as may be amended by CoinEx at any time and from time to time.
- You understand and agree that by placing an order to an Advertisement on the P2P Platform represents your acceptance of the offer in that Advertisement and constitutes a trade of Digital Assets. In such a case, CoinEx locks the amount of Digital Assets indicated in the Order until both parties of the transaction confirm successful completion of the transfer via the P2P Platform . You understand that the locked amount of Digital Assets cannot be used in any way whatsoever unless the Order is cancelled or the Digital Assets are released to the Buyer upon confirmation of the Fiat Currency transfer by both the Buyer and the Seller.
- CoinEx is not a party to any transaction that you may enter into on the P2P Platform as you will be directly trading with other users. CoinEx does not have any control whatsoever over the trading amount, price, payment method, Order Limit, Order Availability and any terms and conditions of each Advertisement as they are entirely set by the Advertiser at its own discretion. CoinEx only provides a platform to allow Advertisers to communicate with Taker.
- If you are a Buyer, you are required to make the Fiat Currency transfer within a specified period in consideration of such Digital Assets after accepting an order from an Advertisement. The Fiat Currency to be transferred to the Seller will not be deducted and is not conducted by CoinEx, you as a Buyer are solely responsible for making the transfer by using a payment method indicated in the Advertisement. The transfer must be conducted from the same name account of the Buyer. Once you complete the Fiat Currency transfer, you are required to confirm on the P2P Platform.
- If you are a Seller, you are solely responsible for verifying the Fiat Currency transfer made by the Buyer in consideration of the Digital Assets and for providing instruction to CoinEx to release the Digital Assets for which an Order was placed. By clicking “Payment Received” you are confirming that you successfully received the Fiat Currency transferred from the Buyer and you are instructing CoinEx to release Digital Assets held in escrow to the Buyer for completion of the Order. This action is final and cannot be reversed. To avoid financial loss, do not confirm release of the Digital Assets under any circumstances before you ensure that you received from the Buyer the corresponding Fiat Currency in full. CoinEx shall not be liable for any loss suffered by the Seller if no Fiat Currency was received but the Digital Asset is released to the Buyer.
- Payment service providers may charge a fee for the payment method selected by the parties for the Fiat Currency transfer to be made in consideration of the Digital Assets. The Advertiser and the Taker shall communicate and agree on the fee for such payment, and CoinEx shall not be responsible for or liable to any loss arising from such transaction fee.
- For the avoidance of doubt, CoinEx may charge a fee against the Advertiser or the Take for allowing them to use the P2P Platform. Such fees may be set out and disclosed to users on CoinEx website and shall be amended from time to time. By using the P2P Platform, you hereby agreed with any fees as imposed by CoinEx. You are advised to check on the updated fee prior to any use of the P2P Platform.
2. Information Disclosed On P2P Platform:
- You understand and agree that by user the P2P Platform either as an Advertiser or a Taker, you authorize CoinEx to display your personal information, including but not limited to your CoinEx User ID, your identity or your bank account or payment information, and/or share the same with the counterparty user that you are trading with. Your personal information may also be disclosed to the other parties in the following circumstances:
- We are required to provide your information to the any authorities or enforcement agencies;
- To provide your information to any of our affiliated companies so as to provide our P2P service to you;
- To provide your information to any third parties vendor so as to provide our P2P service to you
In relation to handling your personal information, please refer to our Privacy Policy.
3. Dispute Settlement Procedure
- CoinEx is not a party to the trade between the Advertiser and the Taker, CoinEx has neither the right nor the obligation to resolve any disputes between the Advertiser and the Taker and is not liable for any loss, damages, fee, expenses a party may incur in connection with the use of the P2P Platform.
- In case of a conflict during a trade on the P2P Platform, a party may have the opportunity to file an appeal (hereinafter as 'Dispute Settlement Procedure') to the P2P Platform. You understand and agree that the Dispute Settlement Procedure offered by CoinEx is not a representation, undertaking, or guarantee from CoinEx in any way whatsoever to resolve the disputes between the parties and has the sole purpose of offering a mediation channel to the users. CoinEx reserves the right to suspend or terminate access to P2P Platform for users who are uncooperative during the settlement process. You may lose access to all or part of assets in case an Advertisement that you have posted has multiple ongoing cases.
- In any event, CoinEx hereby reserves the right of any final interpretations and judgments to any dispute settlement cases arising from the use of the P2P Platform. Reopening of settlement cases will be determined at the sole discretion of CoinEx on a case-by-case basis.
4. Risk Disclosure
- Digital Assets prices can be volatile. These fluctuations may affect the value of Digital Assets you buy or sell on the P2P Platform, which may be lower or higher at the time of and after completion of the transaction. You are solely responsible for your investment decisions and CoinEx is not liable for any losses you may incur.
- Your counterparty in a transaction on this P2P Platform is not CoinEx. There is a high counterparty risk as you nor CoinEx may not have sufficient information to conduct due diligence against a User.
- You acknowledge that your use of our Services on our P2P Platform is entirely a voluntary conduct of yours based on your own economic situation and your knowledge of the relevant risks, both of which are not related to us and any third party in any manner whatsoever.
- All dealings with you as undertaken by us will be on an “execution-only” and “non-advised” basis. You are to rely on your independent judgment for your investments and we are not obligated to provide you with any investment advice relating to any transactions. CoinEx does not, and is under no obligation to, provide you with any investment advice.
5. Limited Liabilities
- CoinEx does not guarantee the performance of obligations by either the Advertisers or Takers, you are responsible for conducting your own due diligence on the Advertisers/Takers when using the P2P Platform. You acknowledge and agree that the loss or liability caused by any risks involved in your usage of the P2P Platform will be borne by you solely, and CoinEx will not bear any responsibility in the same.
- You acknowledge and agree that you are responsible for and should hold us harmless from all liabilities, losses or costs of any kind or nature whatsoever that may be incurred by us as a result of your use of our Service or the P2P Platform.
- You agree and acknowledge that we will have no liability to you in relation to any loss, costs or expenses that you suffer as a result of any inability by you to carry out a transaction or any cause beyond our reasonable control.
- You are aware of all anti-money laundering risks due to the complexity of the transaction on the P2P Platform and the nature of digital asset transactions. CoinEx will not bear any responsibility for the resulting losses if your assets are frozen as a result of suspected criminal activity by your counterparties.