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MEXC Peer-to-Peer (P2P) Service Agreement

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MEXC
Last Updated: 2023/04/25

By subscribing to or using MEXC Peer-to-Peer available at https://otc.mexc.com/en-US/ or such other URL as may be designated by MEXC from time to time, as well as any mobile apps or other related services or applications thereto (hereinafter as “MEXC P2P”), you acknowledge that you have read, understood and accepted all of the terms and conditions in this Peer-to-Peer Service Agreement (this “Agreement”), and you acknowledge and agree that you will be bound by and will comply with the terms contained herein. If you do not understand and accept this Agreement in its entirety, you should not subscribe or continue using MEXC P2P.

The terms and conditions in this Agreement are supplementary to the User Agreement, Privacy Policy, Risk Disclosure or such other agreement or publication pertaining to MEXC P2P or related trading services as may be published by MEXC from time to time (collectively, the “Legal Documents”). If the terms in this Agreement vary from that of the Legal Documents, the terms in this Agreement shall prevail.


MEXC P2P Overview

  1. MEXC P2P is a platform that allows users to directly trade Digital Assets with other users. You may trade on MEXC P2P to buy or sell Digital Assets as an Advertiser or a Taker.

  1. As a Advertiser: you may publish an offer on MEXC P2P to buy or sell Digital Assets (“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. Unless expressly provided otherwise by MEXC, Advertisers are not subject to any fees when trading on MEXC P2P.

  1. As a Taker, you may place an Order to an Advertisement previously published 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 placing an Order and you must comply with the terms and conditions determined by the Advertiser. Unless expressly provided otherwise by MEXC, Takers are not subject to any fees when trading on MEXC P2P.

  1. You may either be a Buyer or a Seller of Digital Assets on MEXC P2P regardless of whether you are acting as an Advertiser or a Taker.

  1. We may require you to satisfy certain eligibility criteria to be able to publish an Advertisement on MEXC P2P, as may be amended by MEXC at any time and from time to time.

  1. You understand and agree that placing an Order to an Advertisement on MEXC P2P represents your acceptance of the offer published in that Advertisement and constitutes a promise to trade Digital Assets. In such a case, MEXC locks the amount of Digital Assets indicated in the Order until both parties of the transaction confirm successful completion of the Fiat Currency transfer to be performed in consideration of the Digital Assets. 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.

  1. MEXC is not a party to any transaction that you may enter into on MEXC P2P as you will be directly trading with other users. MEXC does not have any control whatsoever over the trading amount, price, payment method, Order Limit, Order Availability and terms and conditions of each Advertisement as they are entirely set by the Advertiser at its own discretion. MEXC only facilitates the transactions entered into on MEXC P2P as described in Clause 4, above.


Choice of Payment Method

  1. Payment methods available on MEXC P2P are displayed as options available to users to perform the Fiat Currency transfer in consideration of the trade of the Digital Assets. Unless expressly provided otherwise, MEXC does not have any form of relationship with the payment methods listed on MEXC P2P. Availability of a payment method on MEXC P2P shall not be construed as a recommendation, vetting or endorsement by MEXC.

  1. To be able to trade on MEXC P2P, each Advertiser must indicate one or multiple payment method(s) for their Advertisements, which must be a payment method available in MEXC P2P and each Taker placing an Order to such Advertisement must agree to use one of the payment method(s) indicated by the Advertiser for the Fiat Currency transfer to be completed in consideration of the trade of the Digital Assets.

  1. Each party trading on MEXC P2P must have a payment method with an account owner name that is identical to the name appearing on their MEXC Account, as confirmed during the identity verification process. It is prohibited to use any payment method where the account owner name is not identical to the name appearing on your MEXC Account. MEXC reserves the right to suspend or terminate your access to MEXC P2P if it is identified that you used a payment method with an account owner name that is not identical to the name appearing on your MEXC Account.

  1. You understand and agree that by placing an Order to an Advertisement on MEXC P2P either as a Buyer or a Seller, you authorise MEXC to display your username/ merchant name and share your full name as confirmed in the identity verification process of your MEXC Account with the counterparty user that you are trading with.

  1. If you are a Buyer, you are required to make the Fiat Currency transfer in consideration of such Digital Assets after placing an Order within a specified period as may be indicated within Advertisement. The Fiat Currency to be transferred to the Seller will not be deducted by MEXC, you are solely responsible for making the transfer yourself outside of MEXC P2P, using one of the payment methods indicated in the Advertisement. Once you complete the Fiat Currency transfer, you are required to confirm such transfer by clicking the “Transfer Completed, Notify Seller” button. You may lose access to all or part of MEXC P2P in case you repetitively cancel Orders after placing them or in case your Orders are repetitively getting cancelled automatically due to your failure to make Fiat Currency transfer within the specified period.

  1. 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 MEXC to release the Digital Assets for which an Order was placed. To release such Digital Assets, you should click “Payment Received” after you fully receive the Fiat Currency payment from the Buyer. We recommend you to confirm the release of Digital Assets within fifteen (15) minutes, and in any case within a reasonable period of time upon receiving the Fiat Currency payment from the Buyer in full. By clicking “Payment Received” you are confirming that you successfully received the Fiat Currency transferred from the Buyer and you are instructing MEXC 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.All payments are final upon completion, unless otherwise required by aplicable laws and regulations. In case the account holder information of the Buyer that you see on the payment method through which the Fiat Currency transfer was made is inconsistent with the user’s verified identity information appearing on MEXC P2P, you should not release the Digital Assets and make a refund of any Fiat Currency that you may have received. You may lose access to all or part of MEXC P2P in case you repeatedly fail to confirm release of Digital Assets in a timely manner despite receipt of the Fiat Currency transfer from the Buyer.

  1. By trading on MEXC P2P, the respective payment service provider 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. Therefore, the Fiat Currency to be transferred by the Buyer as consideration of the traded Digital Assets will be deemed to be inclusive of any Transaction Fees. It is the Seller's responsibility to make respective deductions on transaction fees, and the Buyer is only obliged to effect payment in the amount as specified by the Advertisement.


T+N Withdrawal Waiting Period

  1. You may be subject to a waiting period between 24 to 72 hours to withdraw the Digital Assets that you purchased on MEXC P2P in case you are residing at, or originating from, certain jurisdictions that MEXC P2P deems, in its absolute sole discretion, as a risky country/region. The waiting period shall start upon the release of the Digital Assets to you. Any other trading activity you may perform with your MEXC Account will not be affected during the withdrawal waiting period.


Dispute Settlement Procedure

  1. As MEXC is not a party to the Digital Assets trade between the Buyer and the Seller, MEXC has neither the right nor the obligation to resolve any disputes between the Buyer and the Seller and is not liable for any loss you may incur in connection with a completed payment.

  1. However, in case of a conflict during a trade on MEXC P2P that the parties cannot solve by directly contacting each other through the services made available by MEXC, MEXC offers both parties the opportunity to file an appeal (hereinafter as 'Dispute Settlement Procedure'). You understand and agree that the Dispute Settlement Procedure offered by MEXC is not a representation, undertaking, or guarantee from MEXC in any way whatsoever to resolve the disputes between the parties and has the sole purpose of offering a mediation channel to the users. MEXC reserves the right to suspend or terminate access to MEXC P2P for users who are uncooperative during the settlement process. You may lose access to all or part of MEXC P2P in case an Advertisement that you have posted has multiple ongoing cases.

  1. MEXC hereby reserves the right of any final interpretations and judgments for the sanctioning of dispute settlement cases. Reopening of settlement cases will be determined at the sole discretion of MEXC on a case-by-case basis.

  1. By using the Dispute Settlement Procedure, you are deemed to have read, understood, and accepted MEXC P2P Appeal Handling Rules, as published and may be amended at any time and from time to time.


Usernames and Communications between users

  1. You shall not include the name “MEXC”, names of any banks, payment service providers or any other wordings that may be misleading or sensitive in your username.
  2. You shall solely bear and shall solely be responsible for any and all information you share through MEXC P2P, MEXC will not be held responsible for any losses or damages suffered as a consequence of any information so shared.


Suspicious Trading Behaviour

  1. You acknowledge that our decision to take certain actions, including limiting, suspending, or terminating your access to MEXC P2P may be based on confidential criteria that are essential to our risk management and compliance protocols, including but not limited to circumstances in which we are unable to provide you with information about the reasons for such limitation, suspension or termination, whilst an investigation is ongoing (by us and/or a third party such as law enforcement agencies). You agree that MEXC is under no obligation to disclose the details of its risk management and compliance procedures to you.
  2. We will restore your access to MEXC P2P as soon as possible once the reasons for the suspension no longer exist. However, we are under no obligation to notify you if and when such suspension will be lifted.
  3. You acknowledge that we reserve the right to disclose your contact details to any regulatory authority and/or law enforcement agency if we reasonably suspect that your MEXC Account is being used for any illegal, fraudulent or unauthorized activity.


Risk Disclosure

  1. Digital Assets prices can be volatile. These fluctuations may affect the value of Digital Assets you buy or sell on MEXC P2P, 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 MEXC is not liable for any losses you may incur.


Limited Liability

  1. MEXC 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 MEXC P2P. You acknowledge and agree that the loss or liability caused by any risks involved in your usage of MEXC P2P will be borne by you solely, and MEXC will not bear any responsibility in the same.

  1. You acknowledge and agree that you are responsible for all liabilities, losses or costs of any kind or nature whatsoever that may be incurred by us as a result of any failure by you to perform any of your obligations, as well as in connection with MEXC acting in accordance with your orders or in such manner as permitted under this Agreement, the User Agreement, and any other rules or agreement pertaining to the use of our Services that we may publish from time to time.

  1. 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 and the effect of which is beyond our reasonable control to avoid.


No Advice

  1. You acknowledge that your use of our Services on our 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.

  1. 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 you are not entitled to ask us to provide you with any investment advice relating to any transactions. MEXC does not, and is under no obligation to, provide you with any investment advice.


General Terms

  1. All terms and references used in this Agreement and which are defined and construed in the MEXC User Agreement (the “User Agreement”), but are not defined or construed in this Agreement, shall have the same meaning and construction in this Agreement.

  1. This agreement has been drafted in English. Although translations in other languages of this agreement may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of this agreement and any other translations thereof, the English language version of this agreement shall prevail.