www.CoinEx.net Terms of Service
Thank you for choosing to visit www.CoinEx.net (the "Site"). The following terms and conditions of service (these "Terms of Service") apply to visiters of the Site. You should read these Terms of Service carefully to determine which provisions apply to you. By using any of the services, functions, or features offered from time to time on the Site (collectively or individually, the "Services"), the user (referred to herein as "you" or "your") agrees to these Terms of Service.
It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions You conduct through the Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Additionally, You agree to comply with all relevant laws of Seychelles as applicable. Regarding the prevention of terrorist financing and anti-money laundering (AML), we will work with local authorities. When using our Services, You acknowledge that your actions are in a legal and proper manner.
1.1. Definitions: In these Terms of Service and all documents incorporated herein by reference, the following words have the following meanings unless otherwise indicated:
1.1.1. "AML" means anti-money laundering;
1.1.2. "Associates" means CoinEx Chain Foundation, and each and every one of their respective shareholders, subsidiaries, employees, contractors, agents, directors, officers, partners, affiliates, insurers, and attorneys;
1.1.3. "CTF" means counter-terrorist financing;
1.1.4. "Digital Tokens" means blockchain-based assets or rights, or other similar digital representations of rights or assets;
1.1.5. "CoinEx" means CoinEx Chain Foundation;
1.1.6. "CoinEx Chain" means the native CoinEx blockchain hosted by Validator and Witness nodes described in the documentation here: https://docs.coinex.org;
1.1.7. "CoinEx Chain Community" means the users and developer community around CoinEx Chain and CoinEx DEX infrastructure, code and development etc.
1.1.8. "FATF" means the Financial Action Task Force;
1.1.9. "Losses" has the meaning set out in paragraph 11 of these Terms of Service;
1.1.10. "Person" includes an individual, association, partnership, corporation, other body corporate, trust, and any form of legal organization or entity;
1.1.11. "Personal Information" means information about an identifiable individual, business, organization, or other entity, but does not include the name, title, business address, or telephone number of an employee of a business, organization, or other entity;
1.1.12. "Prohibited Jurisdictions" means USA, Belarus, Central African Republic, Democratic Republic of Congo, Democratic People's Republic of Korea, the Crimea region of Ukraine, Croatia, Cuba, Iran, Iraq, Kosovo, Lebanon, Libya, Moldova, Somalia, Sudan, South Sudan, Syria, Venezuela, Yemen, and Zimbabwe.
1.1.13. "Prohibited Use" has the meaning set out in paragraph 6 of these Terms of Service;
1.1.14. "Service" means any of the services, functions, or features offered on or through the Site;
1.1.15. "Site" means the Internet website www.CoinEx.net;
1.1.17. "Trading Order Book" has the meaning set out in paragraph 3 of these Terms of Service;
1.1.18. "U.S. Person" means:
18.104.22.168. in the case of an individual, a citizen of the United States or a Person resident in the United States; and,
22.214.171.124. in any other case,
126.96.36.199.1. a Person resident in the United States; or,188.8.131.52.2. a Person owned 10% or more by one or more Persons resident in the United States or by one or more corporations or entities incorporated in or formed in the United States; and,
1.1.19 "Wallet" means a combination of a user's public address and corresponding private key (or mnemonic phrase or keystore file with password) that holds any Digital Tokens that are created and/or received on CoinEx Chain, which may associate with corresponding transactions related to this address.
1.1.20. "you" or "your" means the user.
1.2. Headings: The headings and sub-headings in these Terms of Service are for ease of reference only and are not to be taken into account in the construction or interpretation of any provision or provisions to which they refer.
1.3. Extended Meanings: Unless otherwise specified in these Terms of Service, words importing the singular include the plural and vice versa and words importing gender include all genders.
2. Licence to Use the Site: If you comply with these Terms of Service, CoinEx grants you the limited right to use the Site and the Services. The right to use the Site and the Services is a non-exclusive, non-transferable, revocable, limited licence, and it is subject to the limitations and obligations in these Terms of Service. Nothing in these Terms of Service gives you any licence (other than as set out in this paragraph), right, title, or ownership of, in, or to the Site or any of the Services.
3. Trading Activities: The Site is a trading, discussion, and information environment for the purchase and sale of Digital Tokens. The Site permits only unfinanced transactions. Unfinanced purchases are fully funded by trading participants through funds owned by you. For example, if you have $100.00 worth of Digital Tokens in your wallet on the Site, you may then trade or sell those Digital Tokens for other Digital Tokens. Purchases and sales of Digital Tokens through the Site are settled by delivery of the full amount of the Digital Tokens by the seller to the purchaser's wallet against payment in full by the purchaser to the seller's wallet, with fees deducted.Important: The following persons are prohibited from depositing into, withdrawing from, or trading through the Site:
3.1. persons resident in, and nationals of, Prohibited Jurisdictions;
3.2. U.S. Persons.
Risks and Limitation of Liability: Important: This paragraph is in addition to the the Risk Disclosure Statement. Trading markets are volatile and shift quickly in terms of liquidity, market depth, and trading dynamics. You are solely responsible and liable: for any and all trading and non-trading activity on or through the Site and for your wallet on the Site; and, for knowing the true status of any position or contract with any other party on the Site, even if presented incorrectly by the Site at any time. You acknowledge and agree: to be fully responsible and liable for your trading and non-trading actions and inactions on or through the Site and all gains and losses sustained from your use of the Site and any of the Services; to be responsible for any negative balance in your wallet(s) on the Site; to be fully responsible and liable for all of your obligations with respect to any financing activities on the Site; and, to be fully responsible for safeguarding access to, and any information provided through, the Site and any of the Services, including, but not limited to, private keys, public keys, key seeds and address details. There is no guarantee against losses on or through the Site.
4. Wallet: In order to use CoinEx DEX. you have to create your own keystore files, passwords, mnemonic phrases and/or private keys. PLEASE KEEP ALL OF THEM SAFE. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS TO YOUR WALLET. YOUR WALLET IS NOT ACCESSIBLE BY CoinEx, AND CoinEx WILL NOT KEEP YOUR KEYSTORE FILES, PASSWORDS, MNEMONIC PHRASES AND/OR PRIVATE KEYS.
5. No Class Proceedings: You and CoinEx agree that any party hereto may bring claims against the others only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. No adjudicator may consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded to any one CoinEx user cannot and may not affect any other CoinEx users.
6. Prohibited Uses: You may not:
6.1. use the Site or any Services in order to disguise the proceeds of, or to further, any breach of applicable laws or regulations, or to deal in any contraband Digital Tokens, funds, or proceeds;
6.2. trade or obtain financing on or through the Site, or use any Services, with anything other than funds, keys, or Digital Tokens that have been legally obtained by you and that belong to you;
6.3. use the Site or any Services to interfere with or subvert the rights or obligations of CoinEx or the rights or obligations of any other Site user or any other third party;
6.4. trade using inaccurate information presented by the Site or by CoinEx or take advantage of any technical glitch, malfunction, failure, delay, default, or security breach;
6.5. use the Site or any Services to engage in conduct that is detrimental to CoinEx or to any other Site user or any other third party;
6.6. reverse-engineer, decompile, or disassemble any close-sourced or proprietary software running on the Site;
6.7. attempt to harm CoinEx or any third party through your access to the Site or any Services, except that nothing in this subparagraph shall be construed as limiting your free speech rights under applicable law;
6.8. where you are a resident or national of a Prohibited Jurisdiction or a U.S. Person, access the Site or any Services using any virtual private network, proxy service, or any other third party service, network, or product with the intent of disguising your IP address or location; or,
6.9. violate these Terms of Service.
Any use as described in this paragraph shall constitute a "Prohibited Use". If CoinEx determines that you have engaged in any Prohibited Use, CoinEx may address such Prohibited Use at its discretion.
7. Anti-Money Laundering and Counter-Terrorist Financing: CoinEx is committed to providing you with safe, compliant, and reputable Services. Accordingly, CoinEx insists on a comprehensive and thorough user due diligence process and implementation and ongoing analysis and reporting. This includes monitoring of and for suspicious transactions and mandatory reporting to international regulators. CoinEx needs to keep certain information and documentation on file pursuant to applicable law and its contractual relationships, and CoinEx hereby expressly reserves the right to keep such information and documentation. This will apply even when you terminate your relationship with CoinEx or abandon your wallet and related applications.
CoinEx and CoinEx Chain community reserves the right to refuse service of the Site, or to bar transactions from or to, or terminate any relationship with, any user for any reason (or for no reason) at any time. Without limiting the generality of the foregoing, this includes, but is not limited to, anyone from or in jurisdictions that do not meet international AML/CTF standards as set out by the FATF; anyone that is a Politically Exposed Person within the meaning of the FATF's 40 Recommendations; or, anyone that fails to meet any user due diligence standards, requests, or requirements of CoinEx and CoinEx Chain community. At all times, you may be subject to enhanced user due diligence procedures in your use of the Site and any Service.
8. Your Representations & Warranties: You represent and warrant to CoinEx and CoinEx Chain community as follows:
8.1. that, if you are an individual user, you have to reach the legal age that you have the capacity to contract under applicable law;8.2. that, if you are not an individual user, you have the requisite power and authority to sign and enter into binding agreements for and on behalf of the user;8.3. that you understand the risks associated with using the Site, that you are not barred from using the Site by paragraph 3 of these Terms, and that you are not otherwise prohibited by applicable law from using the Site;8.4. that you will not use the Site or any Services in order to disguise the proceeds of, or to further, any breach of applicable laws or regulations, or to deal in any contraband Digital Tokens or proceeds;8.5. that you will not trade or obtain financing on or through the Site or use any Services with anything other than funds or Digital Tokens that have been legally obtained by you and that belong to you;8.6. that any trading or other instructions received or undertaken through your signature credentials are deemed to be valid, binding, and conclusive, and that CoinEx may act upon those instructions without any liability or responsibility attaching to it; and,8.7. that you will fairly and promptly report all income associated with your activity on the Site pursuant to applicable law and pay any and all taxes exigible thereon.
9. No Representations & Warranties by CoinEx: CoinEx makes no representations, warranties, or guarantees to you of any kind. The Site and the Services are offered strictly on an as-is, where-is basis and, without limiting the generality of the foregoing, are offered without any representation as to merchantability or fitness for any particular purpose.
10. No Advice: CoinEx does not provide any investment advice or advice on trading techniques, models, algorithms, or any other schemes.
11. Limitation of Liability & Release: Important: Except as may be provided for in these Terms of Service, CoinEx assumes no liability or responsibility for and shall have no liability or responsibility for any claim, application, loss, injury, delay, accident, cost, business interruption costs, or any other expenses (including, without limitation, attorneys' fees or the costs of any claim or suit), nor for any incidental, direct, indirect, general, special, punitive, exemplary, or consequential damages, loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, or any and all other commercial losses (collectively, referred to herein as "Losses") directly or indirectly arising out of or related to:
11.1. these Terms of Service;
11.2. the Site, and your use of it;
11.3. the Services, and your use of any of them;
11.4. the real or perceived value of any currencies or Digital Tokens traded on the CoinEx Chain, or the price of any Digital Token displayed on the Site at any time;
11.5. any inaccurate, misleading, or incomplete statement by CoinEx or on the Site regarding your wallets, whether caused by CoinEx's negligence or otherwise;
11.6. any failure, delay, malfunction, interruption, or decision (including any decision by CoinEx to vary or interfere with your rights) by CoinEx in operating the Site or providing any Service;
11.7. any stolen, lost, or unauthorized use of your wallet information any breach of security or data breach related to your wallet information, or any criminal or other third party act affecting CoinEx or any Associate; or,
11.8. any offer, representation, suggestion, statement, or claim made about CoinEx, the Site, or any Service by any Associate.
You hereby agree to release the Associates from liability for any and all Losses, and you shall indemnify and save and hold the Associates harmless from and against all Losses. The foregoing limitations of liability shall apply whether the alleged liability or Losses are based on contract, negligence, tort, unjust enrichment, strict liability, or any other basis, even if the Associates have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of any other remedies.
12. No Waiver: Any failure by CoinEx to exercise any of its respective rights, powers, or remedies under these Terms of Service, or any delay by CoinEx in doing so, does not constitute a waiver of any such right, power, or remedy. The single or partial exercise of any right, power, or remedy by CoinEx does not prevent either from exercising any other rights, powers, or remedies.
13. Force Majeure: CoinEx is not responsible for damages caused by delay or failure to perform undertakings under these Terms of Service when the delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or the state's enemies; lawful acts of public authorities; any and all market movements, shifts, or volatility; computer, server, or Internet malfunctions; security breaches or cyberattacks; criminal acts; delays or defaults caused by common carriers; acts or omissions of third parties; or, any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against. In the event of force majeure, CoinEx is excused from any and all performance obligations and these Terms of Service shall be fully and conclusively at an end.
14. Assignment: These Terms of Service, and any of the rights, duties, and obligations contained herein, are not assignable by you without prior written consent of CoinEx. These Terms of Service, and any of the rights, duties, and obligations contained herein, are freely assignable by CoinEx without notice or your consent. Any attempt by you to assign these Terms of Service without written consent is void.
15. Severability: If any provision of these Terms of Service, as amended from time to time, is determined to be invalid, void, or unenforceable, in whole or in part, by any court of competent jurisdiction, such invalidity, voidness, or unenforceability attaches only to such provision and everything else in these Terms of Service continues in full force and effect.
16. APPLICABLE LAW AND VENUE: The Terms and your use of the Services will be governed by and construed in accordance with the laws of Seychelles. You agree that any action at law pursued by You and arising out of or relating to the Terms not subject to arbitration (as set forth below) will be filed only in the Court in the jurisdiction where CoinEx is respectively registered and You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such court over any suit, action or proceeding arising out of the Terms.
Risk Disclosure Statement
Trading and financing trades in Digital Tokens entails certain risks. This risk disclosure statement cannot and does not disclose all risks and other aspects involved in holding, trading, or other activities in Digital Tokens. Risks include, but are not limited to, the following:
1. Market Risk: The market for Digital Tokens is still new and uncertain. No-one should have funds invested in Digital Tokens or speculate in Digital Tokens that she is not prepared to lose entirely. Whether the market for one or more Digital Tokens will move up or down, or whether a particular Digital Token will lose all or substantially all of its value, is unknown. This applies both to traders that are going long and to traders that are shorting the market. Participants should be cautious about holding Digital Tokens.
2. Liquidity and Listing Risk: Markets for Digital Tokens have varying degrees of liquidity. Some are quite liquid while others may be thinner. Thin markets can amplify volatility. There is never a guarantee that there will be an active market for one to sell, buy, or trade Digital Tokens or products derived from or ancillary to them. CoinEx makes no representations or warranties about whether a Digital Token that may be traded on or through the Site may be traded on or through the Site any point in the future, if at all. Any Digital Token is subject to delisting according to the procedures listed here.
3. Legal Risk: The legal status of certain Digital Tokens may be uncertain. This can mean that the legality of holding or trading them is not always clear. Whether and how one or more Digital Tokens constitute property, or assets, or rights of any kind may also seem unclear. Participants are responsible for knowing and understanding how Digital Tokens will be addressed, regulated, and taxed under applicable law.
4. Trading Risk: In addition to liquidity risks, values in any digital token marketplace are volatile and can shift quickly. Participants in any Digital Tokens market are warned that they should pay close attention to their position and holdings, and how they may be impacted by sudden and adverse shifts in trading and other market activities.
5. Risks Associated with Financing Activities: When you finance a purchase or sale of Digital Tokens on a peer-to-peer basis, you run the risk of losing your provided financing. Similarly, when you accept financing to enter a trading agreement, you accept the risk of not being able to repay that financing (e.g., if the market price of the Digital Token you purchased with the financing falls). Participants should know all of the terms of any contracts they enter and how their trading strategies and other market and risk factors can affect their financing obligations.
The data controller of your Personal Information is CoinEx Chain Foundation.
1. What information do we collect?
1.1. Information you give us. This is information about you that you give us by: Creating a CoinEx Chain wallet;Trading on CoinEx DEX.
1.2. Information we collect about you. Each time you use the Services, we may automatically collect the following information, which may be considered to be Personal Information when combined with other information about you: technical information, including the Internet protocol (IP) address used to connect your computer or other device to the Internet, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and information about your visit, including the dates and times you use the Site length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page. Special categories of data:
1.2.1. We do not collect any special categories of Personal Information about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data).
1.2.2. We do not collect any information relate to you wallet, including your keystore file, password, mnemonic phrase and private key.
2. Purposes for which we collect your Personal Information.
If you wish to transact on and use the Site or use the Services, CoinEx will collect information about you for the purposes set out below. Information you provide to us may be used to:
2.1. establish and maintain a responsible commercial relationship with you;
2.2. understand your needs and your eligibility for products and services;
2.3. inform you about trading features;
2.4. provide information to you about developments and new products, including changes and enhancements to the Site;
2.5. develop, enhance, and market products and services, and provide products and services to you;
2.6. process billing and collection of any fees;
2.7. conduct surveys and get feedback from you;
2.8. deliver products and services to you;
2.9. provide you with news and other matters of general interest to you as an CoinEx user;
2.10. to meet CoinEx's legal and regulatory requirements.
CoinEx uses IP addresses to analyze trends, administer the Site, track user movements, and gather broad demographic information for aggregate use. For systems administration and detecting usage patterns and troubleshooting purposes, CoinEx's web servers also automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within CoinEx on a need-to-know basis. CoinEx reserves the right to block access for any user accessing the Site via a proxy service intending to conceal originating identity. This includes access via the Tor anonymity network.
3. Legal bases on which we process your Personal Information.
3.1. We will process your Personal Information on the following grounds:
3.1.1. where it is necessary for us to perform pursuant to our contract with you or in your interests; and/or
3.1.2. where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. Legitimate interests mean the interests of our organization to conduct and manage our business to enable us to better serve you and provide you with a secure experience on the Site.
3.1.3. We ensure that we balance any potential impact on you and your rights before we process your Personal Information for our legitimate interests. We do not use your Personal Information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
4. Security and confidentiality.
4.1. CoinEx is committed to protecting your privacy. Internally, only people with a business need to know Personal Information, or whose duties reasonably require access to it, are granted access to users' Personal Information. Such individuals will only process your Personal Information on our instructions and are subject to a duty of confidentiality.
4.2. The Site's systems and data are reviewed periodically to ensure that you are getting a quality service and that leading security features are in place. We have put in place procedures to deal with any actual or suspected data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
5.1. You agree that we have the right to share your Personal Information with:
5.1.1. Any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries including their respective contractors, affiliates, employees or representatives
5.1.2. Our service providers, to the extent necessary to supply the Services to you;
Token issuers in the event you elect to contribute to their token
5.1.3. Selected third parties, including identity verification sites and analytics and search engine providers that assist us in the improvement and optimization of the Services. Authorities and law enforcement agencies worldwide either when ordered to do so or on a voluntary basis if this appears reasonable and necessary to us.
5.2. We will also disclose your Personal Information to third parties:
5.2.1. If CoinEx or substantially all of its assets are acquired by a third party, in which case Personal Information held by it about its users will be one of the transferred assets.
5.2.2. If we are under a duty to disclose or share your Personal Information in order to comply with any legal obligation, or in order to enforce or apply our Terms of Service and other agreements; or to protect the rights, property, or safety of us, our clients, or others. CoinEx reserves the right to share current and historical bids, asks, and market prices; opening and closing range prices; high–low prices; trade prices; estimated and actual trade volumes; settlement prices; and other aggregate data and information related to the digital tokens traded on or through the Site.
6.1. Personal Information and other data may be exported outside of the jurisdiction in which you reside. Your Personal Information may be processed and stored in a foreign country or countries. Under those circumstances, the governments, courts, law enforcement, or regulatory agencies of that country or those countries may be able to obtain access to your Personal Information through foreign laws. You need to be aware that the privacy standards of those countries may be lower than those of the jurisdiction in which you reside.
6.2. Unfortunately, the transmission of information via the Internet is not completely secure. While we do our utmost to protect your Personal Information, we cannot guarantee the security of your data transmitted to us over the email or through the Site; any transmission is at your own risk. Once we have received your data, we will use strict procedures and security features to try to prevent unauthorized access.
7. Other Sites and protecting your Personal Information.
7.2. CoinEx takes all reasonable endeavours to protect and safeguard Personal Information, but there are protective measures you should take, as well. Do not share your Personal Information with others unless you clearly understand the purpose of their request for it and you know with whom you are dealing. Do not keep sensitive Personal Information in your e-mail inbox or on Webmail. If you are asked to assign passwords to connect you to your Personal Information, you should use a secure password and always use two-factor authentication (2FA), where available. You should change your password regularly.
9.2. EEA users only: Should you have any concerns about how we handle your Personal Information, please contact us in the first instance. We will do our best to resolve your concern. Alternatively, you may prefer to submit a complaint directly to the national supervisory authority within your jurisdiction, details of which can be found online.
CoinEx.net Cookies Policy
2. If you choose to disable or block our cookies on your computer or other device you will need to do this through your browser. Click on the 'Help' menu on your particular browser to learn how to manage your cookie preferences. Alternatively, you can visit www.aboutcookies.org or www.youronlinechoices.eu for comprehensive information on how to manage cookies.
3. We may set cookies (first party cookies) on web pages, however, where we require additional information, we may also allow other companies to host cookies on our Site (third party cookies). These companies have been carefully selected by us and are required to meet contractual obligations they have with us.
4. The cookies on the Site may be from any of the following categories:
4.1. Strictly Necessary cookies - these are used for technical reasons and are necessary to enable the Site to operate efficiently so that you can navigate the Site with ease and use specific features. These include, for example, cookies that help us to debug any errors. If these cookies are blocked or disabled, some of the Site may not operate effectively.
4.2. Functionality cookies - these are used to improve the functionality of the Site and make it easier to use. They help us to identify you as a repeat user of the Site and help us remember your preferences (for example, your choice of language or region).
4.3. Analytical - these record your visit to our Site, the pages you have visited and the links you have followed. We will use this information to make the Site and the advertising displayed on it (if any) more relevant to your interests. We may also share this information with third parties for this purpose.
5. We may share information that we collect through cookies, in aggregated form, with carefully selected third parties for the purposes set out above, unless you disable or block cookies.