P2P User Service Agreement

Опубликовано 13 апр. 2023 г.15 мин на чтение

*This policy applies to all verified users in Hong Kong and Taiwan regions

I. All users shall comply with the KYC (Know Your Customer), risk control, anti-money laundering, and compliance principles set forth in this policy:

  1. Users must strictly comply with the platform's identity authentication (Know Your Customer, or KYC) policy regarding user identity and accounts related to P2P trading (including but not limited to real-name authentication requirements), including but not limited to spot accounts and cash accounts, hereinafter collectively referred to as “accounts.” Users shall ensure that the accounts they use on the peer-to-peer platform (hereinafter referred to as the “platform”) are legally registered and used by themselves only.

  2. When the platform's risk control or anti-money laundering alert is triggered, users shall actively cooperate with the platform for authentication and assist in providing all required risk control-related evidence (subject to the risk control measures then in effect on the platform).

  3. Users shall be responsible for ensuring that they have the legal right to Trade under applicable laws. This platform assumes no responsibility for whether users' Trade is legal or illegal. Although the platform does not participate in any peer-to-peer trading between users, in order to ensure that all transactions are legal and compliant, the platform may (but is under no obligation to) review the legality of users' Trade when necessary and take action in accordance with applicable laws and regulations.

  4. Users are responsible for complying with the laws regarding lawful use of the platform within their local jurisdiction, as well as other laws and regulations applicable to them. Users must also consider all aspects of taxation within the scope of their local laws, and make withholding, collection, reporting, and remittance to the appropriate tax authorities.

II. General transaction Instructions:

  1. Before you decide to place an order with the other party, please read the terms listed on the advertisement details page carefully to avoid unnecessary disputes between both parties after placing the order.

  2. Please make sure the payment method used for the order is the same as the payment method you selected during the ad configuration period.

  3. Please do not participate in any form of cryptocurrency transaction facilitated through third party channels, such as social media, chat apps, or face-to-face transaction. If a user executes or initiates a transaction outside the platform and causes any asset loss or damage, the platform should not and cannot be held responsible. The trading rules set by the platform for buyers and sellers are solely to support the user experience of using the platform services. The platform is not a party to P2P trading.

  4. Users are prohibited from using vulgar or offensive language when using the platform. This includes, but is not limited to, tools that allow users to message each other, customer service live chat, and the order comments section.

  5. Both parties to the transaction should bear the additional transaction costs involved in cash transfers, such as the trading fee charged by the payment service provider, unless either party clearly agrees to pay the additional transaction costs before the transaction is concluded. Therefore, the amount sent should include the transaction costs. (For example, if the total order amount is USD 10,000 and the payment service provider charges an additional USD 5, the buyer should pay USD 10,0005 instead of USD 10,000.)

II. Instructions for Buyers:

  1. You must select the payment method supported by the seller and remit the amount indicated on the order page within the timeframe specified by the seller. Be sure to click the "Paid, notify seller" button after completing the payment.

  2. Please use a payment method where the account holder's name matches your registered name on OKX (or the legal entity name for corporate accounts). The name must be consistent with the name verified during your KYC process on OKX. The platform does not support payment methods that are not real-name verified. If a non-real-name verified payment method is used, customer service reserves the right to restrict some P2P trading functionalities for the user.

  3. Do not click the "Paid, notify seller" button before completing the payment. If you click the "Paid, notify seller" button without completing the payment, your account may be suspended.

  4. If the seller's preferred payment options are "Instant Payment" or "Fast Payment," other payment methods, such as international transfers, must not be used without the seller's prior consent.

  5. When paying the seller in cash currency, it is recommended not to mention digital asset-related terms (e.g., BTC, USDT, cryptocurrency, OKX purchase, etc.) in the transaction remarks to avoid potential operational delays or refunds.

  6. If you have completed the payment and clicked "Paid, notify seller," but the seller has not delivered the corresponding digital assets (hereinafter referred to as "Deliverables") within the specified timeframe, you should first contact the seller via the chat tool. If you have correctly followed platform rules and procedures (including but not limited to providing relevant legal documentation that meets platform requirements), but the seller does not respond, you may choose to file a dispute against the seller.

  7. If a user requests it, the P2P trading team will assist in handling the dispute according to the dispute handling rules. However, the platform is not a party to P2P trading. Therefore, the platform has no obligation to intervene in any disputes that arise when users participate in P2P trading. Please note that OKX and the platform reserve the right of final interpretation and adjudication regarding sanctions in dispute cases. OKX and the platform will decide whether to reopen a dispute based on individual cases.

  8. In the event of any violation of the "Buyer Instructions," the platform may, based on this policy, terms, or relevant laws and regulations, or at its sole discretion, take appropriate measures, including but not limited to on holding the violator's account or disabling the OKX trading platform and any account functions on the platform.
    When placing an advertisement, the buyer's description in the trading terms must not contradict the rules of this User Trading Policy (e.g., price, fees, remarks).

IV. Instructions for Sellers:

  1. After confirming receipt of the full payment from the buyer, the seller must complete the order within 15 minutes (release cryptocurrency to the buyer).

  2. Unless otherwise specified by the platform, no one should request customer service to cancel an order without the buyer's consent.

  3. The pricing of an order established between the buyer and seller is considered final and non-negotiable.

  4. If there are outstanding orders or disputes with the buyer, please ensure that you can be reached at any time via the mobile number or email registered with the platform.

  5. If the payment service provider charges additional fees, the seller must provide proof of transaction clearly showing the deducted amount.

  6. When placing an advertisement, the seller's description in the trading terms must not contradict the rules of this User Trading Policy (e.g., price, fees, remarks).

  7. In the event of any violation of the "Seller Instructions," the platform may, based on this policy, terms, or relevant laws and regulations, or at its sole discretion,

  8. Take appropriate measures, including but not limited to on holding the violator's account or disabling any account functions on the OKX trading platform.

V. Risk Warning and Disclaimer:

  • Users must fully understand the risks associated with P2P trading, including but not limited to the risk of digital asset value fluctuations, credit risk related to P2P trading counterparties, and P2P trading compliance risk.

  • Users must have sufficient investment knowledge, experience, and ability to bear the risks associated with P2P trading, and agree to independently bear all risks arising from P2P trading.

  • For security considerations, users should not disclose any personal information (i.e., phone numbers, social networks, messaging apps, etc.) in the trading conditions, automated replies, or order chat sections.

  • User nicknames should not contain "OKX," local bank or payment system names, personal information, or any sensitive terms.

  • Users are prohibited from using multiple accounts for trading on the P2P platform. If such accounts are discovered, we reserve the right to block all linked accounts from trading.

  • Before engaging in P2P trading, you must read and understand all content, terms, and relevant OKX rules of this policy.

  • The platform is not a party to P2P trading. Therefore, any disputes between users participating in P2P trading are unrelated to the platform. The platform has neither the right nor the obligation to resolve any disputes arising therefrom. The platform also has no obligation to bear financial or non-financial obligations or liabilities (including but not limited to compensation) to any party.

  • You agree and authorize the platform, in accordance with this policy, terms, and relevant OKX rules, to take all reasonable actions (including but not limited to canceling transactions or disabling account functions in specific circumstances) to protect your legitimate rights and those of the platform and other users.

  • Please note that the payment methods displayed on OKX P2P are options for cash transactions between users. OKX does not establish any form of business relationship with the payment methods listed on the P2P platform.

VI. Abnormal Trading Behavior and Handling Measures:

You agree that, to the maximum extent permitted by law, the platform shall not be liable for losses incurred by you based on P2P trading, nor shall it be liable for losses caused by your use of services under this policy and not due to the platform's willful misconduct or gross negligence, including but not limited to hacker attacks, power outages, or unavoidable technical failures.
If any of the following circumstances occur, the platform has the right, without prior notice and at its sole discretion, to immediately restrict, suspend, or terminate your account or your right to use this platform:

  • We reasonably suspect that you have violated or may be violating this policy;
  • We find that you are using multiple accounts for trading on P2P trading;
  • We believe it is necessary to protect our other users. If we exercise our right to restrict or deny you access to the services, we shall not be liable for any consequences arising from our failure to provide you with services, including any possible delays, damages, or inconveniences;
  • We determine that your use of our platform may adversely affect other users or prevent other users from using our services;
  • During your interactions with other users, we find that you use obscene language, insult, extort, harass, threaten counterparties, or otherwise infringe or attempt to infringe upon the legitimate rights of other users (e.g., rights to privacy, publicity, and intellectual property rights), and involve collecting private information and distributing it to other parties.
  • You accept that we may take certain actions according to confidential standards essential to our risk management and security protocols, including restricting access, disabling, or closing your account or wallet. You agree that OKX is not obligated to disclose the details of its risk management and security procedures to you.
  • Once the reason for the disabling measure no longer exists, we will cancel the measure as soon as possible. However, we are not obligated to notify you when or if such measures will be canceled.
Abnormal Trading Behavior Handling Rules
1. The buyer unilaterally cancels an established order without prior consent from the seller or the platform. If the buyer commits the same behavior 3 times within the same day, the system will prohibit them from continuing to purchase on that day.
2. Orders are automatically canceled due to non-completion of payment within the deadline. 1) If a user/Maker repeats the same behavior 5 consecutive times as a taker-buyer, the system will prohibit them from continuing to purchase as a taker on that day. Note: The system will reset this restriction at 00:00. 2) If a user repeats the same behavior 5 consecutive times as a maker-buyer, the user's online advertisement will be automatically closed, and the system will prohibit the user from continuing to publish buy advertisements on that day. Note: The system will reset this restriction at 00:00. If a Maker repeats the same behavior 5 consecutive times as a maker-buyer, the user's online advertisement will be automatically closed.
3. More than 3 orders in a user's advertisement are appealed simultaneously. The user's online advertisement will be closed, and the user will be prohibited from engaging in any P2P trading activities.
4. A buy advertisement has been online for a considerable period, but the completion rate (number of successful orders / number of matched orders) is less than 20%. The user's buy advertisement will be closed.
5. A user conducts transactions using unauthorized payment and collection methods such as checks, leading to order disputes. The user bears all asset losses resulting from the dispute, and customer service has the right to restrict some functionalities of that account. In severe cases, the account will not be unfrozen.
6. Upon platform verification, if a user did not conduct transactions according to the payment method bound to the Maker platform. The resulting asset losses are borne by the user, and the account is on hold for 48 hours.
7. When a user generates an order dispute during a transaction, and customer service intervenes, but the user fails to respond promptly or provide valid verification materials within the specified time. The resulting asset losses are borne by the user, and a warning is issued.
8. After the platform intervenes in an appeal dispute, if the user is found to have provided false evidentiary materials to the platform (including but not limited to forged or altered payment/collection proofs, chat and transaction records, judicial on holding documents, case filing documents, etc.). The account will be on hold for 72 hours and a warning issued for the first instance; for the second instance, the account will be on hold for 1 month; for the third instance, the P2P trading account will be permanently on hold.
Scenarios Triggering Abnormal Risk Control Handling Rules
1.Abnormalities detected by the risk control system, and the user explicitly refuses or does not actively cooperate with the platform for subsequent risk control reviews or anti-terrorism financing verification. The platform may directly consider the problematic account as an abnormal account and take relevant measures, including but not limited to increasing the user's risk level, directly freezing the user's account and other related accounts until the risk control evidence provided by the user passes the platform's risk control review.
2. User accounts are suspected of being involved in fraud (or attempted fraud), withdrawing funds to high-risk platforms (including but not limited to unlicensed cryptocurrency traders, online gambling platforms, suspected money laundering or fraud platforms, or other high-risk entities) or conducting other high-risk asset transfers. The platform may directly freeze or disable all P2P trading, withdrawal, or related account functions.
3. The account is not used by the registered user, or is illegally used to purchase digital assets for others. Users are found selling, lending, or renting their accounts to others, or illegally purchasing digital assets for others. Risk Warning: Please keep your personal information safe to prevent it from being used for crimes by others. The platform may take one or more measures, including but not limited to temporarily or permanently disabling P2P trading functions, delaying or disabling withdrawal functions, or directly freezing the user's account and related accounts.
4. Receiving or introducing digital assets or funds from unknown sources. Users know, or can reasonably infer based on common sense, that funds received from other platforms have an unknown source or nature, but still allow them to flow into other users' accounts on the platform. The platform may directly and permanently disable all or part of the functions of such user accounts and their related accounts, and terminate the provision of any services or the fulfillment of any contractual obligations to them.
5. Users are deemed to be involved in high-risk trading activities: when users are detected by the risk control system, or verified by risk control personnel to have directly participated in or assisted in high-risk transactions. The platform may directly and permanently disable all or part of the functions of user accounts and their related accounts, and terminate the provision of any services or the fulfillment of any contractual obligations to them.
6. Court-authorized account freezing: accounts are frozen at the request of judicial authorities. The platform may freeze accounts based on the written request of judicial authorities to comply with relevant laws and regulatory requirements. During the freezing period, affected users should contact the relevant judicial authorities to resolve the situation, rather than the platform.
7.Law Enforcement Investigation: A user is required by judicial authorities to extract their account information on the platform, in forms including but not limited to judicial investigations or consultations. The platform may disable the user's account and specific features of related accounts.