COINEXMARKET USER AGREEMENT
The websites and the services offered by COINEXMARKET are NOT addressed to persons who have their registered office or place of residence in Germany. COINEXMARKET services are provided by COINEXMARKETUK, Ltd., a UK entity. COINEXMARKETUK, Ltd. is not a regulated financial services provider and does not operate outside the UK.
PART 1: GENERAL USE
1. Basic COINEXMARKET Services.
1.1. Eligibility. To be eligible to use the COINEXMARKET Services, you must be at least 18 years old.
Your eligibility to access certain COINEXMARKET Services also depends on the country in which you reside. The list of COINEXMARKET Services accessible for all countries
1.2. COINEXMARKET Services. Your COINEXMARKET account ("COINEXMARKET Account") encompasses the following basic COINEXMARKET services: One or more hosted Digital Currency wallets that allow users to store certain supported digital currencies, like Bit coin or Ethereum ("Digital Currency"), and to track, transfer, and manage their supported Digital Currencies (the "Hosted Digital Currency Wallet"); Digital Currency conversion services through which users can buy and sell supported Digital Currencies in transactions with COINEXMARKET(the "Conversion Services"); and a Fiat Currency (e.g. GBP, EUR, CAD) account for use in connection with other COINEXMARKET Services (a "Currency Wallet") and for eligible users, a Digital Currency exchange platform collectively the "COINEXMARKET Services
2. Creating a COINEXMARKET Account.
2.1. Registration of COINEXMARKET Account. In order to use any of the COINEXMARKET Services, you must first register by providing your name, an e-mail address, password, and affirming your acceptance of this Agreement. COINEXMARKET may, in our sole discretion, refuse to allow you to establish a COINEXMARKET Account, or limit the number of COINEXMARKET Accounts that a single user may establish and maintain at any time.
2.2. Identity Verification. In order to use certain features of the COINEXMARKET Services, including certain transfers of Digital Currency and/or government-issued currency ("Fiat Currency"), you may be required to provide COINEXMARKET with certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification number, and information regarding your bank account (e.g., financial institution, account type, routing number, and account number). In submitting this or any other personal information as may be required, you verify that the information is accurate and authentic, and you agree to update COINEXMARKET if any information changes. You hereby authorize COINEXMARKET to, directly or through third parties make any inquiries we consider necessary to verify your identity and/or protect against fraud, including to query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth), to query account information associated with your linked bank account (e.g., name or account balance), and to take action we reasonably deem necessary based on the results of such inquiries and reports. You further authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests.
3. Hosted Digital Currency Wallet.
3.1. In General. The Hosted Digital Currency Wallet services allow you to send supported Digital Currency to, and request, receive, and store supported Digital Currency from, third parties pursuant to instructions you provide through the COINEXMARKET Site (each such transaction is a "Digital Currency Transaction").COINEXMARKET reserves the right to refuse to process or to cancel any pending Digital Currency Transaction as required by law or in response to a subpoena, court order, or other binding government order or to enforce transaction limits COINEXMARKET cannot reverse a Digital Currency Transaction which has been broadcast to a Digital Currency network. The Hosted Digital Currency Wallet services are available only in connection with those Digital Currencies that Coinexmarket, in its sole discretion, decides to support. The Digital Currencies that COINEXMARKET supports may change from time to time. If you have any questions about which Digital Currencies COINEXMARKET currently supports, Under no circumstances should you attempt to use your Hosted Digital Currency Wallet services to store, send, request, or receive digital currencies in any form that are not supported by Coinexmarket. COINEXMARKET assumes no responsibility or liability in connection with any attempt to use COINEXMARKET Services for digital currencies that COINEXMARKET does not support.
3.2. Digital Currency Transactions. COINEXMARKET processes supported Digital Currency according to the instructions received from its users and we do not guarantee the identity of any user, receiver, requested or other party. You should verify all transaction information prior to submitting instructions to Coinexmarket. In the event you initiate a Digital Currency Transaction by entering the recipient's email address and the recipient does not have an existing COINEXMARKET Account, COINEXMARKET will email the recipient and invite them to open a COINEXMARKET Account. If the designated recipient does not open a COINEXMARKET Account within 30 days, COINEXMARKET will return the supported Digital Currency associated with the transaction to your COINEXMARKET Account. Once submitted to a Digital Currency network, a Digital Currency Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Digital Currency network. A transaction is not complete while it is in a pending state. Funds associated with transactions that are in a pending state will be designated accordingly, and will not be included in your COINEXMARKET Account balance or be available to conduct transactions. COINEXMARKET may charge network fees (miner fees) to process a Digital Currency transaction on your behalf. COINEXMARKET will calculate the network fee in its discretion, although COINEXMARKET will always notify you of the network fee at or before the time you authorize the transaction.
3.3. Digital Currency Storage & Transmission Delays. COINEXMARKET securely stores all Digital Currency private keys in our control in a combination of online and offline storage. As a result, it may be necessary for COINEXMARKET to retrieve certain information from offline storage in order to facilitate a Digital Currency Transaction in accordance with your instructions, which may delay the initiation or crediting of such Digital Currency Transaction for 48 hours or more. You acknowledge and agree that a Digital Currency Transaction facilitated by COINEXMARKET may be delayed.
3.4. Third Party Payments. COINEXMARKET has no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party (including other users of COINEXMARKET Services). COINEXMARKET is not responsible for ensuring that a buyer or a seller you may transact with will actually complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party in connection with Digital Currency transferred using the COINEXMARKET Services, or if you have a dispute with such third party, you must resolve the dispute directly with that third party. If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify COINEXMARKET Support at support@coinexmarket so that we may consider what action to take, if any.
3.5. Customized COINEXMARKET Payment Page. In some cases, you may establish a customizable payment page ("Payment Page") which will allow others to easily send Digital Currency to your COINEXMARKET Account. You may establish and customize your Payment Page through your COINEXMARKET Payment page
3.6 Operation of Digital Currency Protocols. COINEXMARKET does not own or control the underlying software protocols which govern the operation of Digital Currencies supported on our platform. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. By using the COINEXMARKET platforms, you acknowledge and agree (i) that COINEXMARKET is not responsible for operation of the underlying protocols and that COINEXMARKET makes no guarantee of their functionality, security, or availability; and (ii) that the underlying protocols are subject to sudden changes in operating rules (a/k/a “forks”), and that such forks may materially affect the value, function, and/or even the name of the Digital Currency you store in the COINEXMARKET platform. In the event of a fork, you agree that COINEXMARKET may temporarily suspend COINEXMARKET operations (with or without advance notice to you) and that COINEXMARKET may, in its sole discretion, decide whether or not to support (or cease supporting) either branch of the forked protocol entirely. You acknowledge and agree that COINEXMARKET assumes absolutely no responsibility whatsoever in respect of an unsupported branch of a forked protocol.
4. Conversion Services.
4.1. In General. Eligible users in certain jurisdictions may buy or sell supported Digital Currency through the Conversion Services. The Conversion Services are subject to the COINEXMARKET" Conversion Rate" for the given transaction. "Conversion Rate" means the price of a given supported Digital Currency amount in terms of Fiat Currency or other Digital Currency as quoted on the COINEXMARKET Site. The Conversion Rate is stated either as a "Buy Price" or as a "Sell Price," which is the price in terms of Fiat Currency or Digital Currency at which you may buy or sell supported Digital Currency to Coinexmarket. You acknowledge that the Buy Price Conversion Rate may not be the same as the Sell Price Conversion Rate at any given time, and that COINEXMARKET may add a margin or “spread” to the quoted Conversion Rate. You agree, as a condition of using any COINEXMARKET Conversion Services, to accept the Conversion Rate as the sole conversion metric. COINEXMARKET reserves the right to delay any Conversion Service transaction if it perceives a risk of fraud or illegal activity. COINEXMARKET does not guarantee the availability of its Conversion Service, and the act of purchasing supported Digital Currency from COINEXMARKET does not result in a guarantee that you may sell your supported Digital Currency to Coinexmarket.
4.2. Purchase Transactions. After successfully registration you may purchase supported Digital Currency by linking a valid payment method. You authorize COINEXMARKET to initiate debits from your selected payment method(s) in settlement of purchase transactions. A Conversion Fee (defined below) applies to all purchase transactions. Although COINEXMARKET will attempt to deliver supported Digital Currency to you as promptly as possible, funds may be debited from your selected payment method before Digital Currency is delivered to your COINEXMARKET Account. We will make best efforts to fulfill all transactions, but in the rare circumstance where COINEXMARKET cannot fulfill your purchase order, we will notify you and seek your approval to fulfill the purchase order at the contemporaneous Buy Price Conversion Rate. To secure the performance of your obligations under this Agreement, you grant to COINEXMARKET a lien on and security interest in and to the balances in your account.
4.3. Sale Transactions. After successfully completing registration, you may sell supported Digital Currency by linking a valid payment method. You authorize COINEXMARKET to debit your COINEXMARKET Account(s) and initiate payments to your selected payment method(s) in settlement of sell transactions. An applicable Conversion Fee (defined below) applies to all sale transactions. Your receipt of funds will depend on the payment type, and may take up to three or more business days.
4.4. Conversion Fees. Each Conversion Service transaction is subject to a fee (a
"Conversion Fee"). The applicable Conversion Fee is displayed to you on the
COINEXMARKET Site prior to you completing a Conversion Service transaction.
COINEXMARKET will not process a conversion transaction if the Conversion Fee and any
other associated fees, such as wire transfer fees, would exceed the value of your
transaction. Payments using other methods not described below, such as wire (if permitted),
are subject to different transaction fees disclosed to you before you authorize the
transaction. The availability of each Payment Method depends on a number of factors,
including but not limited to your location, the identification information you have provided to
us, and limitations imposed by third party payment processors.
COINEXMARKET reserves the right to adjust its Conversion Fees and any applicable waivers at any time. We will always notify you of the Conversion Fee which applies to your transaction, both at the time of the transaction and in each receipt we issue to you.
4.5. Reversals; Cancellations. You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful or if your payment method has insufficient funds, you authorize Coinexmarket, in its sole discretion, either to cancel the transaction or to debit your other payment methods, including COINEXMARKET balances or other linked accounts, in any amount necessary to complete the transaction. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, insufficient funds, or similar fees charged by your payment provider. COINEXMARKET reserves the right to refuse to process, or to cancel or reverse, any purchases or sales of Digital Currency in its sole discretion, even after funds have been debited from your account(s), if COINEXMARKET suspects the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime; in response to a subpoena, court order, or other government order; if COINEXMARKET reasonably suspects that the transaction is erroneous; or if COINEXMARKET suspects the transaction relates to Prohibited Use or a Prohibited Business as set forth below. In such instances, COINEXMARKET will reverse the transaction and we are under no obligation to allow you to reinstate a purchase or sale order at the same price or on the same terms as the cancelled transaction.
4.6. Payment Services Partners. COINEXMARKET may use a third party payment processor to process any Fiat Currency payment between you and Coinexmarket, including but not limited to payments in relation to your use of the Conversion Service or deposits or withdrawals from your Currency Wallet
5. Currency Wallet.
5.1. Currency Wallets. Certain approved users may establish and fund one or more Currency Wallets to facilitate transactions on the COINEXMARKET. You are the owner of the balance of each of your Currency Wallets. COINEXMARKET holds the balance of your Currency Wallets in dedicated custodial accounts with financial institutions. All funds held in a Currency Wallet are held on trust by COINEXMARKET for the benefit of the user, or by a licensed Electronic Money Institution on behalf of the user.
5.2. Deposits and Withdrawals. You may initiate a transfer from your account to fund a
Currency Wallet. Fees may apply to deposits and withdrawals from your Currency Wallet.
All fees will be clearly disclosed in your COINEXMARKET account.
For deposits, COINEXMARKET will credit your Currency Wallet a corresponding amount of Fiat Currency after funds are delivered to Coinexmarket, typically within two to three business days after you authorize a deposit. For withdrawals, COINEXMARKET will immediately debit your Currency Wallet when you authorize a withdrawal and funds will typically settle to you within two to three business days.
6. General Use, Prohibited Use, and Termination.
6.1. Limited License. We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the COINEXMARKET Site, and related content, materials, information (collectively, the "Content") solely for approved purposes as permitted by COINEXMARKET from time to time. Any other use of the COINEXMARKET Site or Content is expressly prohibited and all other right, title, and interest in the COINEXMARKET Site or Content is exclusively the property of COINEXMARKET and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part.
6.2. Website Accuracy. Although we intend to provide accurate and timely information on the COINEXMARKET Site, the COINEXMARKET Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the COINEXMARKET Site are your sole responsibility and we shall have no liability for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third party sites accessible or linked to the COINEXMARKET Site.
6.3. Third-Party Applications. If, to the extent permitted by COINEXMARKET from time to time, you grant express permission to a third party to access or connect to your COINEXMARKET Account, either through the third party's product or service or through the COINEXMARKET Site, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your COINEXMARKET Account. Further, you acknowledge and agree that you will not hold COINEXMARKET responsible for, and will indemnify COINEXMARKET from, any liability arising out of or related to any act or omission of any third party with access to your COINEXMARKET Account. You may change or remove permissions granted by you to third parties with respect to your COINEXMARKET Account at any time through the Account Settings (Integrations) page on the COINEXMARKET Site.
6.4. Transactions Limits. The use of all COINEXMARKET Services is subject to a limit on the amount of volume, stated in Fiat Currency terms, you may transact or transfer in a given period (e.g., daily). To view your limits, login to your COINEXMARKET Account and Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. COINEXMARKET reserves the right to change applicable limits as we deem necessary in our sole discretion.
6.5. Suspension, Termination, and Cancellation. COINEXMARKET may: (a) suspend, restrict, or terminate your access to any or all of the COINEXMARKET Services, and/or (b) deactivate or cancel your COINEXMARKET Account if:
- We are so required by a facially valid subpoena, court order, or binding order of a government authority; or
- We reasonably suspect you of using your COINEXMARKET Account in connection with a Prohibited Use or Business; or
- Use of your COINEXMARKET Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; or
- Our service partners are unable to support your use; or
- You take any action that COINEXMARKET deems as circumventing including, but not limited to, opening multiple COINEXMARKET Accounts or abusing promotions which COINEXMARKET may offer from time to time.
You will be permitted to transfer Digital Currency or funds associated with your Hosted Digital Currency Wallet(s) and/or your Currency Wallet(s) for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, including but not limited to applicable sanctions programs, or (ii) by a facially valid subpoena or court order. If COINEXMARKET suspends or closes your account, or terminates your use of COINEXMARKET Services for any reason COINEXMARKET reserves the right to require you to permitting you with transfer or withdraw Digital Currency or Fiat Currency.
You may cancel your COINEXMARKET Account at any time by withdrawing all balances You will not be charged for canceling your COINEXMARKET Account, although you will be required to pay any outstanding amounts owed to Coinexmarket. You authorize us to cancel or suspend any pending transactions at the time of cancellation.
6.8. Relationship of the Parties. COINEXMARKET is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and COINEXMARKET to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or COINEXMARKET to be treated as the agent of the other.
6.9. Privacy of Others; Marketing. If you receive information about another user through the COINEXMARKET Services, you must keep the information confidential and only use it in connection with the COINEXMARKET Services. You may not disclose or distribute a user's information to a third party or use the information except as reasonably necessary to effectuate a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user's express consent to do so. You may not send unsolicited email to a user through the COINEXMARKET Services.
6.10. Password Security; Contact Information. You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the COINEXMARKET Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your COINEXMARKET Account by third- parties and the loss or theft of any Digital Currency and/or funds held in your COINEXMARKET Account and any associated accounts, including your linked bank account(s) and credit card(s). You are responsible for keeping your email address and telephone number up to date in your Account Profile in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of COINEXMARKET and/ or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your COINEXMARKET Account information has been compromised, contact COINEXMARKET Support immediately at email@example.com
6.11. Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the COINEXMARKET Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your COINEXMARKET Account.
6.12. Unclaimed Property. If COINEXMARKET is holding funds in your account, and COINEXMARKET is unable to contact you and has no record of your use of the Services for several years, applicable law may require COINEXMARKET to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, COINEXMARKET will try to locate you at the address shown in our records, but if COINEXMARKET is unable to locate you, it may be required to deliver any such funds to the applicable or jurisdiction as unclaimed property. COINEXMARKET reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
7. Customer Feedback, Queries, Complaints, and Dispute Resolution
7.1. Contact Coinexmarket. If you have any feedback, questions, or complaints, contact us via our Customer Support webpage at firstname.lastname@example.org or write to us at COINEXMARKET Customer Support,
When you contact us please provide us with your name, address, and any other information we may need to identify you, your COINEXMARKET Account, and the transaction on which you have feedback, questions, or complaints.
7.2. Complaints. In the event of a complaint, please set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. We will acknowledge your complaint within 24 hours of its receipt if you contact us via our Customer Support webpage. A Customer Complaints officer ("Officer") will consider your complaint. The Officer will consider your complaint without prejudice based on the information you have provided and any information provided by Coinexmarket. Within four weeks of our receipt of your complaint the Officer will address your complaint by sending you an e-mail ("Resolution Notice") in which the Officer will: (i) offer to resolve your complaint in the way your requested; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution. Upon receipt of the Resolution Notice, you will have 20 business days to accept or reject the offer or determination, which you must do by following the instructions set out in the Resolution Notice. Failure to respond to a Resolution Notice will be deemed to be a withdrawal of the complaint and an acceptance that we have no liability to you regarding the subject matter of the complaint. If you are late in responding to the Resolution Notice, COINEXMARKET may treat your response as if it has been submitted on time.
7.3. Appeals. In the event that you reject an offer or determination ("Rejection"), please set out the reasons for the Rejection and include any additional information that you believe is pertinent to your complaint. Any Rejection will be treated as an application to appeal the offer or determination set out in the Resolution Notice. Our Customer Appeals committee ("Appeals Committee") will impartially consider your complaint (including any additional information provided). We will acknowledge your Rejection within 24 hours of its receipt if you contact us in the prescribed electronic way, and within ten business days if you contact us in any other prescribed way. Within four weeks of our receipt of the Rejection the Appeals Committee will address your complaint by sending you an e-mail ("Final Notice") in which the Appeals Committee will: (i) uphold the Resolution Notice; or (ii) reject the Resolution Notice. Notwithstanding its decision regarding the Resolution Notice, the Appeals Committee may also make a new offer to resolve the complaint. Upon receipt of the Final Notice, you will have 20 business days to accept or reject the offer or determination, which you must do by following the instructions set out in the Final Notice. COINEXMARKET may extend the deadline for you to accept the offer. Failure to respond to a Final Notice will be deemed to be a withdrawal of the complaint and an acceptance that we have no liability to you regarding the subject matter of the complaint. For consumers only: if you fail to respond to a Final Notice and file a claim in a competent court, your failure may be used as evidence of your unwillingness to settle the issue and/or the vexatious nature of the complaint.
7.4. Offers. Any offer made under this Section 7 will only become binding on COINEXMARKET if you accept the offer by following the instructions provided by COINEXMARKET within the stated timeframe. Any offer under this Section 7 will not constitute any admission by COINEXMARKET of any wrongdoing or liability regarding the subject matter of the complaint. Any acceptance of an offer by you will constitute an acceptance that the complaint is resolved and an undertaking that you will not file a claim in any competent court against COINEXMARKET regarding the subject matter of the complaint.
7.5. Claims. This provision only applies to consumers. You agree to use the complaints procedure of this Section 7 before filing any claim in a competent court. Failure to comply with this provision may be used as evidence of your unwillingness to settle the issue and/or the vexatious nature of the complaint.