Last updated: June 29, 2018

 

1. Introduction

This User Agreement sets out the terms on which COINXION offers you access to and use of our sites, services, applications and tools (collectively “Services”). All policies are incorporated into this User Agreement. By signing up to use the COINXION Account through the COINXION Site, you agree to comply with and be legally bound by this Agreement. If you do not agree to any of the terms set forth in this Agreement, you may not access or use any of the COINXION Services.

BlockShape a private limited company incorporated in Malta (“BLOCKSHAPE”, “COINXION,” “we”, “us” or “our”) and applies to your use of:

  1. The COINXION website located at CoinXion.com and CoinXion.io , the COINXION API, and any associated COINXION-hosted websites or mobile applications (collectively the “COINXION Site” or “Site”), and
  2. Any of the services provided to you by COINXION (together with the COINXION Site, the “COINXION Services” or “Services”).

2. About COINXION

COINXION is a marketplace that allows users to become affiliates, offer, sell and buy products and services, exchange cryptocurrencies. The actual contract is directly between users, and is purely based on a person to person or peer to peer mechanism. COINXION is NOT a money transfer service, NOT a money remittance service, NOT a crypto currencyexchange, NOT a crypto currency wallet. COINXION DOES NOT receive cash from users in exchange for cryptocurrencies, cryptocurrencies from users in exchange of cash, nor receive cash for products and services.  COINXION facilitates the process of conducting commerce of users around the world.

While we may provide pricing and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, while we offer tools that may help facilitate the users mutual guarantees in each transaction such as an escrow service and the resolution of disputes that may arise, COINXION has no control over and does not guarantee the existence, safety or legality of the products and services posted on the Site, the truth or accuracy of users’ listings, the ability for sellers to sell, the ability of buyers to pay, or that a buyer or seller will actually complete the transaction.

3. Use of the COINXION Site

In connection with using or accessing the Services you will not:

  • post, list or upload fraudulent products and services;
  • breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
  • use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
  • fail to pay for the trades you entered into, unless you have a valid reason, for example, a clear typographical error is made in the listing, or you cannot contact the other party
  • fail to deliver the products and services proposed by you, unless you have a valid reason, for example, a clear typographical error is made at in the listing, or you cannot contact the other party
  • interfere with any other user’s listings;
  • post false, inaccurate, misleading, defamatory, or libelous information;
  • transfer your COINXION account and user ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm COINXION, or the interests or property of users;
  • use any robot, spider, scraper, or other automated means to access our Services for any purpose;
  • bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
  • export or re-export any COINXION application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
  • copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, reproduce, display, distribute, or prepare derivative works from content that belongs to or is licensed to COINXION, or that comes from the Services and belongs to another COINXION user or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of COINXION and/or any other party holding the right to license such use;
  • Frame or display the COINXION Site or Content (or any portion thereof) as part of any other web site or any other work of authorship without our prior written permission.
  • commercialize any COINXION application or any information or software associated with such application;
  • harvest or otherwise collect information about users without their consent; or
  • Circumvent any technical measures we use to provide the Services.

If we believe you are abusing COINXION, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, and take technical and/or legal steps to prevent you from using our Services.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.

When COINXION provides you with information about another user for the purpose of completing a Trade, you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent, or distribute a user’s information to a third party for purposes unrelated to the Services.

Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.

  1. Limited License:

We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the COINXION Site, and the content, materials, information and functionality available in connection therewith (collectively, the “Content”) solely for informational, transactional, or other approved purposes as permitted by COINXION from time to time. Any other use of the COINXION Site or Content is expressly prohibited. All other rights in the COINXION Site or Content are reserved by us and our licensors. We reserve all rights in the COINXION Site and Content and you agree that this Agreement does not grant you any rights in or licenses to the COINXION Site or the Content, except for this express, limited license. Without limiting the foregoing, If you violate any portion of this Agreement, your permission to access and use the COINXION Services may be terminated pursuant to this Agreement. In addition, we reserve the right to all remedies available at law and in equity for any such violation. “COINXION.com”, “COINXION”, and all logos related to the COINXION Services or displayed on the COINXION Site are either trademarks or registered marks of COINXION or its licensors. You may not copy, imitate or use them without COINXION’s prior written consent.

  1. Website Accuracy:

Although we intend to provide accurate and timely information on the COINXION Site, the COINXION 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 COINXION Site are your sole responsibility and we shall have no liability for such decisions.

  • Third-Party Materials:

From time to time, the COINXION Site may contain references or links to third-party materials (including without limitation websites) not controlled by us. We provide such information and links as a convenience to you. Such links should not be considered endorsements of these sites or any content, products or information offered on such sites and such reference does not imply our recommendation, approval, affiliation, or sponsorship of that respective property, product, service, or process. You acknowledge and agree that we are not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked to the COINXION Site, including without limitation content, property, goods or services available on the linked sites.

  1. Application Programming Interface:

Any person or entity who uses COINXION’s Application Programming Interface (“COINXION API”) must comply with the terms of this User Agreement and/or any other conditions as COINXION may put into place in its sole discretion from time to time. The COINXION API is owned by COINXION and is licensed to COINXION API users on a non-exclusive, non-sub licensable basis.

  1. Computer Viruses:

We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, web scraper, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from COINXION. Always log into your COINXION Account through the COINXION Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.

  1. Account, Products/Services and How COINXION Works.

A COINXION account (“COINXION Account” or “Account”) is a tool that helps users to (i) buy/sell products/services (ii) track and manage the account information through which COINXION can facilitate commerce pursuant to instructions submitted by the user.

  1. Registration of COINXION Account:

In order to use any of the COINXION Services, you must first register by providing an e-mail address, password, mobile phone number. Upon successful completion of the registration and verification procedures, COINXION will establish and confirm your COINXION Account. COINXION may, in our sole discretion, refuse to allow you to establish a COINXION Account, or limit the number of COINXION Accounts that a single user may establish and maintain at any time. You may have ONLY 1 account.

  1. True and accurate information:

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 COINXION if any information changes. You hereby authorize COINXION to make any inquiries we consider necessary to verify your identity.

  • Bonus program:

You may be eligible to receive bonuses ( “Bonus” or “Bonuses”) on your Account. COINXION may credit to your Account three type of bonuses, as follows:  *** THE BONUSES NEED TO BE EDITED BELOW ***

  1. Signup Bonus: This bonus will be credited to your COINXION Account, in the Bonus balance section, when you register a COINXION Account and confirm your data.
  2. Referral Bonus: This bonus will be credited to your COINXION Account, in the Bonus balance section, when another user is referred to COINXION by you, signs up a COINXION Account, confirms his/her data and completes successfully the first Trade.
  3. Appreciation Bonus: This bonus will be credited to your COINXION Account, in the Bonus balance section,to appreciate you patience in case of failed Trades for reasons not attributable to you or incase you will report to us an issue or improvement to our Services and we decide to implement the remedies or the improvements that you advice.

Your available Bonus balance, or a portion of it, will serve as discount (or saving) in any Trade that you will complete with your COINXION Account. You are not allowed to cash out or transfer to other users your available Bonus balance, or a portion of it.

COINXION reserves the right to discontinue or modify the Bonus program or part of it for any reason, at any time and for any duration at its sole discretion, and without notice.

If COINXION determines in its sole discretion that you have not complied with these Terms and Conditions, it may, in addition to any other rights and remedies it may have against you, immediately and without notice to you, withdraw all benefits to you under the Bonus program.

  1. Escrow:

In order to complete any Trade, COINXION Escrow wallet will serve as a guarantee for other users that the Trade is completed. In case of failed Trades COINXION deserves the right to analyze and evaluate the user’s responsibilities and to release the amounts in escrow and/or to refund the users.

Due to the nature of COINXION Trades, any completed Trade conducted using the COINXION Services is considered final.

For further and detailed information about how COINXION functions, refer to the “How it Works” section available in your account at http://COINXION.com/ (Help Desk “How it Works” section of the account) or at support@COINXION.com.

 

  1. Legal Compliance

We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

  1. Restricted Activities:

In connection with your use of the COINXION Services, and your interactions with other users, and third parties you will not:

  • Violate or assist any party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organization of which you are or are required to be a member (for example, those laws, rules, or regulations governing financial services, controlled substances, unlawful gambling or consumer protections);
  • Partake in a transaction which involves the proceeds of any unlawful activity
  • Defraud or attempt to defraud COINXION or other COINXION users;
  • Infringe upon COINXION’s or any third party’s copyright, patent, trademark, or intellectual property rights;
  • Provide false, inaccurate or misleading information;
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information;
  • Interfere with another individual’s or entity’s access to or use of any of the COINXION Services;
  • Defame, abuse, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others;
  • Publish, distribute or disseminate any unlawful material or information;
  • Transmit or upload any material to the COINXION Site that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs;
  • Harvest or otherwise collect information from the COINXION Site about others, including without limitation email addresses, without proper consent;
  • Act as a payment intermediary or aggregator or otherwise resell any of the COINXION Services, unless expressly authorized by COINXION in writing;
  • Transfer any rights granted to you under this Agreement;
  • Use the COINXION Account information of another party to access or use the COINXION Site;
  • Otherwise attempt to gain unauthorized access to the COINXION Site, other COINXION Accounts, Trades, computer systems or networks connected to the COINXION Site, through password mining, passcode mining or any other means; or
  • Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law.
  1. Suspension/Termination and COINXION Account Cancellation:
    • COINXION may:

(a) Suspend or terminate your access to any or all of the COINXION Services, and

(b) deactivate or cancel your COINXION Account as required by a valid subpoena or court order, or if COINXION reasonably suspects you of using your COINXION Account in furtherance of illegal activity, or if you take any action that COINXION deems as circumventing COINXION’s controls, including, but not limited to, opening multiple COINXION Accounts or abusing Bonus or other promotions which COINXION may offer from time to time. In the event that a technical problem causes system outage or Account errors, COINXION may temporarily suspend access to your Account until the problem is resolved.

Pursuant to the economic sanctions programs administered in the countries where COINXION conducts business, COINXION is prohibited from providing services or entering into relationships with certain individuals and entities. In the event that COINXION is required to block your COINXION Account in accordance with a sanctions program, COINXION is not responsible for any losses, whether direct or indirect, that you may incur as a result of our complying with applicable law, the guidance or direction of any regulatory authority or government agency, or any writ of attachment, lien, levy, subpoena, warrant or other legal order.

COINXION reserves the right to refuse to process, or to cancel or reverse, any Trade, if COINXION suspects the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud or any other type of financial crime, restricted activity or prohibited business, in response to a subpoena, court order, or other government order.

When you enter into a Trade through the Service, you are buying from, or selling to, another COINXION user directly. COINXION does not act as an intermediary between users. The Bidding Amount is the price in terms of local currency at which the Trade is done. You agree, as a condition of using any COINXION Services, to accept the Bidding Amount as the sole conversion metric.

When listing a Trade, you agree that:

  • You are responsible for the accuracy and content of the information provided;
  • Trades that violate any of COINXION’s policies may be deleted at COINXION’s discretion.

When bidding in a Trade, you agree that:

  • You are responsible for reading the full item listing before making a bid and therefore commit for that Trade;
  • You enter into a legally binding contract with another user for that Trade.
  1. Transaction Limits:

COINXION imposes a minimum limit of 20 USD and a maximum limit 2000 USD for each Trade. COINXION reserves the right to change the amountsCOINXION deems necessary or appropriate from time to time. COINXION does not guarantee the availability of Service, and entering in a Trade though COINXION does not result in a guarantee that the Trade will be completed.

You do not have a statutory right to withdraw from a Trade once you have won the bidding.

  • Taxes:

It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions associated with Trades you conduct through the COINXION 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 COINXION Account.

  1. Our Relationship with You

To be eligible to use the COINXION Services, you must be at least 18 years old (or the applicable age of majority and contractual capacity if you reside in a jurisdiction where the age of majority or contractual capacity is above 18 years of age). By accessing or using the COINXION Services you represent and warrant that you are 18 or older.

  1. Relationship of the Parties:

Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and COINXION to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or COINXION to be treated as the agent of the other.

  1. Service Providers:

From time to time, COINXION may engage third parties to assist COINXION in providing certain aspects of the COINXION Services (each, a “Service Provider”). Service Providers may include, but are not limited to, COINXION’s banking partners and technology or engineering service providers.

  • Your Privacy:

Protecting your privacy is very important to COINXION. Please review our Privacy Policy, which is hereby incorporated by reference into this Agreement, in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

  1. Privacy of Others; Marketing:

If you receive information about another user through the COINXION Services, you must keep the information confidential and only use it in connection with the COINXION 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 COINXION Services.

  1. Password Security, Passcode Security and Keeping Your Contact Information Current:

You are responsible for maintaining adequate security and control of any and all IDs, passwords, passcodes, personal identification numbers (PINs), API keys or any other codes that you use to access the COINXION Services and/orenter into a Trade through your COINXION Account. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your COINXION Account by third-parties and the loss or theft of any valueassociated with your COINXION Account. 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 your sensitive information or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your COINXION Account information has been compromised, contact COINXION Support immediately at: support@COINXION.team

  1. COINXION Escrow wallet:

You acknowledge that COINXION may not be a qualified custodian under applicable law, and represent that your use of the COINXION Services is in compliance with any applicable requirements governing the maintenance and use of fiduciary accounts and custodial assets.

  • Consent to Electronic Records:

By using the COINXION Services, you agree that COINXION may provide you with any notices or other communications about your COINXION Account and the COINXION Services electronically: (a) via email (in each case to the address that you provide), SMS message, or telephone call (in each case to the phone number that you provide), or (b) by posting to the COINXION Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. If you do not wish to receive notices or other communications electronically, we will be unable to support your COINXION Account.

  1. Disputes, User Feedback, Queries, and Complaints

Although though most Trades go smoothly, COINXION is not responsible for ensuring that a buyer or a seller you are tradeing with will actually complete the transaction or is authorized to do so. However, if there’s a problem with a purchase, the COINXIONResolution Center helps buyers and sellers to explain what went wrong in the trade and resolve issues. You agree to comply with the policy and permit us to make a final and not appealable decision on any COINXIONResolution Center case. You acknowledge and agree that a dispute may end up, for a given Trade under dispute, with a fine and that COINXION Escrow walletmay be used to collect that fine.

When an issue between users arises, we may consider the evidences shown by each party and the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.

We may suspend the COINXION Resolution Center procedures in whole or in part without notice if we suspect abuse or interference with the proper working of the policy.

  1. Contact COINXION:

If you have any feedback, questions or complaints contact us via our Customer Support webpage in your account at http://COINXION.com/ (Help Desk “Tickets” section of the account) or at hello@COINXION.com

  1. 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. 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 COINXION.

  1. General Provisions
  2. Limitations of Liability:

In no event shall COINXION, its affiliates and service providers, or any of their respective officers, directors, agents, joint ventures, employees or representatives, be liable for any claim or demand, lost profits or any special, incidental or consequential damages, including legal fees, arising out of or in connection with the COINXION site, the COINXION services, the COINXION account or this agreement (however arising, including negligence).

  1. No Warranty:

The COINXION services are provided “as is” and “as available” basis without any representation or warranty, whether express, implied or statutory. COINXION specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. COINXION does not guarantee continuous, uninterrupted or secure access to any part of COINXION services, and operation of the COINXION site may be interfered with by numerous factors outside of our control. COINXION will make reasonable efforts to ensure that passcodes to complete a trade, escrow outflows, refunds, are processed in a timely manner but COINXION makes no representations or warranties regarding the amount of time needed to complete processing because the COINXION services are dependent upon many factors outside of our control, such as delays in the blockchain system.

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in COINXION’s applications may not occur in real time. Such functionality is subject to delays beyond COINXION’s control.

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

  • Your use of or your inability to use our Services;
  • Your dispute with one or more users;
  • Pricing, other guidance provided by COINXION;
  • Delays or disruptions in our Services;
  • Viruses or other malicious software obtained by accessing or linking to our Services;
  • Glitches, bugs, errors, or inaccuracies of any kind in our Services;
  • Damage to your hardware device from the use of any COINXION Service;
  • Actions, or inactions of other users;
  • A suspension or other action taken with respect to your account or breach of the Abusing COINXION Section above;
  • The duration or manner in which the status of your trade appearsto other users, or
  • Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

  • Entire Agreement:

This Agreement sets forth the entire understanding and agreement between you and COINXION as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and COINXION.

  1. Assignment:

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by COINXION without restriction, including without limitation to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the COINXION Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

  1. Severability:

If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.

  1. Change of Control:

In the event that COINXION is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.

  • Survival:

All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, shall survive the termination or expiration of this Agreement.

  • Amendments:

We may amend or modify this Agreement by posting on the COINXION Site or emailing to you the revised Agreement. By continuing to access or use the COINXION Services once the revised Agreement is effective, you agree to be bound by the Agreement. You further agree that we may (a) modify or discontinue any portion of the COINXION Services, and (b) suspend or terminate your access to the COINXION Services, at any time, and from time to time. You agree that we shall not be liable to you or any third party for any modification or termination of the COINXION Services, or suspension or termination of your access to the COINXION Services.

  1. Governing Law and Jurisdiction:
    • This Agreement will be governed by English law.
    • This Agreement is subject to the jurisdiction of the English courts.
  2. Force Majeure:

We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services or the blockchain, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

  1. Section Headings:

Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.

  • English Language Controls:

Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. The meanings of terms, conditions, and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

Third party for any modification or termination of the COINXION Services, or suspension or termination of your access to the COINXION Services.