P2P is an OKEx.com (referred to herein as “the Site”) Peer-to-Peer trading platform which allows users (referred to herein as “Users”, “you” or “your”) to exchange their local and digital currencies (the “P2P Services”). Users are able to buy and sell Virtual Financial Assets (“VFAs”) on OKEX.
The P2P Services are provided by OKEX MALTA LTD, a Malta registered company (“OKEx Malta”) and Aux Cayes FinTech Co. Ltd, a Seychelles registered company (“Aux Cayes”), hereafter collectively referred to as OKEx.
Acceptance and Changes of the Terms
The contents of P2P User Agreement are subsidiary to and form an integral part of OKEx Terms of Service. You should also abide by the OKEx Terms of Service, this P2P User Agreement, and other relevant agreements and rules regarding the P2P Services that OKEx may issue from time to time (these “Terms”).
By accessing and using the P2P Services you agree to be legally bound by these Terms. If you do not agree to be bound by these Terms, you agree not to access or use the P2P Services. Whenever the contents or interpretation of the P2P User Agreement and the OKEx Terms of Service conflict, the P2P User Agreement shall prevail, unless the relevant OKEx Terms of Service specifically refers to the provision(s) from which it is intended to deviate from.
Conditions of Access
You agree and represent that you will only use the P2P Service through your own account. The platform will not be held responsible for any damages or losses caused by any violation of the foregoing.
You are responsible for maintaining and properly securing and controlling all IDs, passwords, personal identification numbers (PINs), or any other code or credentials you use to access the P2P Services. You may not sell, borrow, share or otherwise provide your credentials or any other necessary unique details to access your account to a third party. Your account must only contain accurate and truthful information.
We may require you to complete an additional certification process or submit additional identification documents when deemed necessary at our sole discretion. Failure to provide additional verification information within a reasonable time after such request will be deemed a violation of these Terms.
Orders and Transactions
With a registered account, Users are able to buy and sell VFAs.
The P2P trading system will help you find counter parties for the VFA transaction to act as buyers when you are selling or as sellers when buying.
Once a User initiates a transaction with the identified counter party, the User will be bound by these Terms and the relevant VFA price indicated. After the order matches successfully, the VFA’s price as well as the amount being bought or sold is locked and cannot be changed for this transaction.
Effective payment details must be processed through the P2P trading system. OKEx only provides online transaction platform, and is not a party to a P2P transaction. OKEx is not responsible for the transaction disputes arising from the payment channels other than the payment method provided by the P2P trading system.
In each transaction, the VFAs involved will be held by OKEx until the transaction is paid in full. The buyer must provide adequate evidence (including payment slip) that the payment was made within 48 hours upon starting any trading disputes. If there is reasonable ground to believe that the buyer has conducted any unlawful or malicious activity, OKEx reserves the right to take appropriate action as it deems necessary at its sole discretion, including but not limited to notifying the seller for a refund and The extent of such information disclosure is at OKEx’s sole discretion, and may include, but is not limited to, contact information of the buyer, login and transaction records and/or any other details or records, and buyer authentication measures conducted by OKEx.
Digital Asset Trading Dispute
You have read and understood these Terms, and acknowledge and accept the risks in trading VFAs through the P2P trading system, including without limitation, the credibility or reliability risks of the counter parties in the P2P transactions.
If there are any disagreements between the buyer and seller during the transaction, either party or OKEx may raise a dispute. Any disputed trades will be mediated by the OKEx customer support team. OKEx supports dispute resolution by carefully assessing the terms of each transaction, data submitted by the user, and any additional relevant information deemed necessary at OKEx’s sole discretion. If the seller does not respond within the time specified by P2P, we will automatically release the VFA(s) to the buyer if we are satisfied that the seller has received valid payment from the buyer. If a transaction is not completed within a predetermined time, it will be removed and the transaction will be considered cancelled.
This decision is final and cannot be disputed, overturned or changed. In the event that fraudulent information or documents were provided during the dispute, a false claim was made, or an attempt is made to bypass the dispute resolution process, , such actions will be considered to be a breach of these Terms. You agree and accept that the dispute resolution is a service that we provide in accordance with these Terms. OKEx will not be liable for any claims or losses arising out of or in any way connected with any dispute.
Monitoring, Suspension and Termination
We use automatic fraud and risk modeling methods when assessing risks associated with your account and transactions. If your account is flagged as being at risk of fraud, unlawful conduct, or other high risk activity, we may temporarily limit the use of your account so that additional review may be conducted. We also reserve the right to terminate such accounts and our services to it permanently at our sole discretion. In addition, we also reserve the right to suspend, restrict or terminate the use of your account, as appropriate, in the following circumstances:
1. We have reason to believe that the service you use violates local laws or regulations, you use the service in a fraudulent manner, or violate the purpose or spirit of these Terms; or
2. We have reason to believe that you have provided false, misleading or deceptive information during your registration, authentication, trading or any other use of P2P.
The above is done in compliance with any applicable laws, regulations or orders issued by the authorities. Our rights include freezing your account balance for up to 180 days unless extended under court orders and/or other legal or regulatory procedures/obligations or if you have not completed additional authentication measures.
Compliance with Laws
Each party shall comply in all respects with all applicable legal requirements governing the duties, obligations, and business practices of that party and shall obtain any permits or licenses necessary for its operations. Neither party shall take any action in violation of any applicable legal requirement that could result in liability being imposed on the other party.
Successors and Assigns
Neither party shall have the right to assign or subcontract any of its obligations or duties under this agreement, without the prior written consent of the other party, which consent shall be in the sole determination of the party with the right to consent.
If any provision of this agreement shall be declared by any court of competent jurisdiction to be illegal, void, or unenforceable, the other provisions shall not be affected but shall remain in full force and effect.
Neither party shall be held responsible for any delay or failure in performance of any part of this agreement to the extent such delay or failure is caused by fire, flood, explosion, war, embargo, government requirement, civil or military authority, act of God, or other similar causes beyond its control and without the fault or negligence of the delayed or non-performing party. The affected party will notify the other party in writing within five (5) days after the beginning of any such cause that would affect its performance. Notwithstanding, if a party's performance is delayed for a period exceeding the (10) days from the date the other party receives notice under this paragraph, the non-affected party will have the right, without any liability to the other party, to terminate this agreement.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD OKEx, ITS AFFILIATES, PRESENT AND FUTURE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ITS AFFILIATES, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, DAMAGES, PENALTIES, LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, IN CONNECTION WITH OR ARISING OUT OF ANY USE OF THE SERVICES BY YOU, OR YOUR BREACH OF THE AGREEMENT AND/OR THESE TERMS. THE OBLIGATIONS IN THIS ARTICLE INCLUDE, BUT ARE NOT LIMITED TO, CLAIMS THAT TRANSACTION/TRADING EXECUTED AND/OR MADE AVAILABLE BY OR ON BEHALF OF YOU, INFRINGES UPON THE RIGHTS OF THIRD PARTIES, OR IS OTHERWISE UNLAWFUL.
Limit of Liability
In no event shall OKEx be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential damages, including any loss of business or profit, arising out of any use, or inability to use, the website, even if OKEx has been advised of the possibility of such damages. You specifically agree that OKEx shall not be responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that OKEx shall not be responsible for the content sent out using and/or included in the website by any third party.
You understand and acknowledge that users listed as “Verified Advertisers” by this Site have undergone additional verification by this Site, but this does not mean that the “Verified Advertisers” are 100% credible, nor is this Site responsible for any of the actions of such “Verified Advertisers.” It is your responsibility to conduct proper due diligence when transacting with any other user of this Site, including “Verified Advertisers,” in order to promote the security and safety of your assets and transactions. All users of this Site are required to conduct transactions in strict accordance with the Site’s procedures. Special attention must also be paid to your local anti-money laundering regulations and the identity of the counterparty in accordance with the requirements of the KYC principles. Failure to do so may place you or your assets at risk in the event the counterparty is suspected of illicit activity.