These Over the Counter ("OTC") Market Policies are part of the Mexo Rules that, together with the Mexo User Agreement (which can be visible in the Mexo User Agreement), establish the terms and conditions applicable to the people who participate in the purchase and sale of Digital Assets and Tokens through the Over the Counter (OTC) Trading Platform of the website mexo.io (the "Site").
These Policies apply to users who use the Over The Counter (OTC) Trading Platform. By clicking on the "I have read and accepted" button, by checking the box presented with these Policies, when accessing or using any of Mexo's OTC Services, and/or when buying or selling Digital Assets through our OTC Trading Platform, you acknowledge that you have read, understood and granted your total and unconditional acceptance of all the general and specific terms and conditions established in this Agreement.
IF YOU DO NOT AGREE TO BE BOUND BY THESE POLICIES, OR WITH ANY UPDATES, CHANGES, OR MODIFICATIONS, YOU MUST STOP USING THE MEXO SERVICES IMMEDIATELY, OR THESE POLICIES WILL OTHERWISE BOUND YOU.
These Policies are additional to the Terms of Use that the User accepts and acknowledges knowing regarding the use of the Mexo Platform and Services. To use the services described here, the User must meet the eligibility and registration requirements outlined in the Mexo User Agreement and these Policies. Any ineligible person who uses the OTC Services, or who accesses the platform in breach of the Mexo Rules, may have their property, funds, or digital assets confiscated.
By reference, the Privacy Policies and the Mexo User Agreement are incorporated into this document. In the event of a discrepancy between any of these documents, and these Policies, the OTC Market Policies shall prevail, only as regards to OTC Services. Concerning the rest of the Mexo Services, the Mexo User Agreement, or the different specific Policies that Mexo issues, must prevail.
The sale of Digital Assets or Digital Tokens carries a high level of risk. Therefore they are not appropriate for users who do not have the proper level of knowledge and experience to deal with them. Mexo has no obligation to advise you on the suitability of the Mexo Services. Any statement or comment that Mexo or any of its directors, officers, employees, agents, or representatives may make about the suitability of the OTC Market to you, under no circumstances should be considered legal or investment advice and should not be received or relied on as such. Any use of the OTC Services is done at your own free will. Therefore, you are responsible for the consequences that this decision may have on your assets, including the loss of value of the Digital Assets that you acquire.
The operation of the OTC Trading Platform is provided by Mexo Global Ltd., a company from the British Virgin Islands duly incorporated under number 2038445 and with its registered office at Craigmuir Chambers, Road Town, Tortola, VG 1110, British Virgin Islands.
THE ARBITRATION AGREEMENT PROVIDED FOR IN THE TERMS OF USE IS APPLICABLE TO RESOLVE ANY CLAIM OR CONTROVERSY ARISING FROM THE USE OF OTC SERVICES. BY CONSENTING THESE POLICIES, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING THE DECISION TO SUBMIT TO ARBITRATION, AND HAVE TAKEN THE TIME TO CONSIDER THE IMPORTANT CONSEQUENCES OF THIS DECISION.
I. Definitions
The definitions contained in the Mexo User Agreement apply to these Policies. Additionally, the following words and expressions will carry the following meaning, except when the context indicates otherwise:
Digital Asset or Digital Token | means a digital representation of value that can function as a (i) medium of exchange; (ii) a unit of account; (iii) a store of value; and/or (iv) other similar digital representations of rights or assets, which is not issued or guaranteed by any country or jurisdiction and does not have a legal tender status in any country or jurisdiction. Generally, it includes blockchain-based assets or rights, including sovereign cryptocurrencies such as bitcoins, litecoins, and ethers. |
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Fiat Money or FIAT | means the government-issued currency that is designated as legal tender in its country of issue by a government decree, regulation, or law. |
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Policies | Refers to the Over the Counter Market Policies or current OTC Policies. |
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OTC Trading Platform | means the person-to-person (peer to peer) online platform operated by Mexo, in which Users can publish offers for the purchase, sale, and exchange of Digital Assets, and which allows them to directly negotiate the conditions of the deal, including the payment methods, and, when appropriate, resolve any dispute arising from the breach of contract by any of the parties that they enter into. |
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OTC Services | Refers to all the services related to the OTC Trading Platform offered to Mexo Users, directly or indirectly, through external providers. These services may include when permitted by applicable law, the OTC Trading Platform, the negotiation of contracts for the sale of Digital Assets, the transfer of balances to other People and Users of Mexo, the resolution of conflicts, and other services that could be available directly or indirectly to Mexo Users. |
In these Policies, except when the context requires otherwise:
(a) the titles and subtitles are for convenience only and do not affect the interpretation of any section or subsection of these Policies;
(b) a reference to any statute or legal provision shall be taken as a reference to what may have been, or from time to time may, be amended, modified, or re-enacted; and
(c) Words that denote the singular will include the plural and vice versa, and words that signify any gender will include all genders.
II. Disclosure of risks associated with Mexo's OTC Services and the waiver of liability to Mexo.
By buying, selling, exchanging, or storing Digital Tokens or cryptocurrencies with other Users through the OTC Service provided by Mexo, you voluntarily and expressly acknowledge, and without limitation:
(a) That transactions with Digital Tokens are highly risky, volatile, and sophisticated, and you run the risk of losing all your money.
(b) That the exchange and acquisition of Digital Tokens and crypto assets, in general, are not activities regulated by many countries, including Mexico and the British Virgin Islands, and as such, are not supervised by any authority.
(c) That the Digital Tokens are not legal tender and are not endorsed by any government or financial institution.
(d) That the Digital Tokens are not legal tender, are not endorsed by any government and are not insured by any type of deposit insurance at the local or federal level;
(e) That the Digital Assets do not have a fully defined legal regime and, therefore, are subject to legislative, political and/or regulatory changes at the state, federal and international level that could affect their use, transmission, exchange, and value;
(f) That the functions, characteristics, operation, use, and other properties of the Digital Tokens ("Token Properties") and the underlying software, networks, protocols, systems, and other technologies ("Underlying Technology") used to manage, create, transferring, canceling, using and/or transacting with the Token can be complicated, technical, and challenging to understand and evaluate.
(g) That the Digital Token and its Underlying Technology are vulnerable to attacks on the security, integrity and/or operation of the Digital Token or its Underlying Technology, including those attacks that, using sufficient computational force, may affect the regular operation of a blockchain or its Underlying Technology;
(h) That the Digital Token, the properties of the Token, and/or the underlying technology may change or stop working as expected due to a change made to the Underlying Technology, a change made using the features or functions incorporated in the Underlying Technology or a change resulting from an attack.
(i) That there are technological, cyber, and fraud risks inherent in the purchase, sale, and exchange of Digital Tokens and crypto-assets in general, including the possibility of hacking.
(j) That once the purchase of the Digital Token has been made, it is impossible to reverse the operation once it is executed.
(k) That there is the possibility that the Mexo User cannot use and/or deposit and/or withdraw the Digital Tokens when necessary.
(l) That there is the possibility that the conditions for the acquisition and/or exchange of Digital Tokens through the platform do not exist.
(m) That there is a possibility that once you have published an offer to buy or sell a Digital Token, there is no counterparty that is willing to accept your offer.
(n) That there is the possibility that once you have agreed to the terms and conditions of a sale through the OTC Trading Platform, your counterparty may breach its obligations that may cause losses and damages to you.
(o) That there is a risk that upon concluding an operation with a User within the OTC Trading Platform, this counterpart may request a refund or chargeback of the payment that was made, resulting in losses that may not be able to be recovered.
(p) That Mexo may suspend or reject the execution of any operation or suspend your access to the Services to comply with any applicable regulation or law.
(q) That the Digital Token subject of the purchase or sale, may cancel, show or duplicate, or otherwise lose all or most of its value, due to forks, attacks, changes in the properties of the Token, or the Digital Token failure to function as expected.
(r) That the Digital Tokens may decrease in value or lose their total value due to legislative or regulatory activity or any other government action; That the use of Digital Assets may, by its nature, increase the risk of cyber-attack or fraud;
(s) That the use of Digital Assets may, by its nature, increase the risk of cyber-attack or fraud;
(t) That third parties can access or use your Mexo Account and carry out operations without your knowledge or authorization, either by obtaining the password for your Mexo Account or by any other method.
(u) That there are risks associated with the use of an Internet-based exchange system, including, but not limited to, failure of hardware, software, and Internet connections.
(v) That there is a risk that the counterparty in the OTC Operation does not honor its obligations, and therefore expressly recognizes that Mexo will not be responsible for any breach of any of the parties in carrying out the OTC Operation.
By accepting these terms, you acknowledge that Mexo is not responsible for the associated risks and assume and undertake such risks in the decision to use the OTC Services and/or when buying, selling, or exchanging Assets or Digital Tokens through the OTC Trading Platform.
In turn, by accepting these terms, you expressly acknowledge that Mexo only operates the OTC Trading Platform, but is not a counterpart in any sale and purchase transaction carried out between one User and another, and therefore has no financial responsibility or responsibility for any breach of any other OTC Market participant and that in no way can Mexo guarantee that a User will comply with their obligations when using the OTC Services.
Consequently, and irrevocably, you, the User, release Mexo from any type of civil, criminal, commercial, administrative, or any other kind of liability, present or future, known or unknown, against Mexo, and its respective shareholders, directors, officers, employees, agents, or representatives related to any of the risks described in these Policies and, therefore, irrevocably waive any action that may be taken to claim any type of liability from Mexo derived from them.
You accept the risk of acquiring the Digital Assets or Tokens using Mexo OTC Services, and you are responsible for carrying out your independent analysis of the specific risks of participating in said market. YOU SHOULD NOT ACQUIRE ANY DIGITAL ASSETS UNLESS YOU HAVE SUFFICIENT FINANCIAL RESOURCES, AND YOU MAY LOSE THE TOTAL VALUE OF SUCH ASSETS.
The fact that Mexo allows the parties to buy and sell each other specific Tokens or Digital Assets through the OTC Trading Platform, in no way indicates the approval or disapproval by Mexo of the Digital Token, the issuer, its team, or the whitepaper. The decision to acquire or sell a Digital Asset is the sole responsibility of the person who decides to do so. MEXO DOES NOT OFFER COMMERCIAL ADVICE, NOR DOES IT HAVE ANY FIDUCIARY OBLIGATION TO YOU OR ANY OTHER USER AND MAKES NO GUARANTEE ON THE SUITABILITY OF THE DIGITAL ASSET FOR PURCHASE OR SALE.
III. Content and publication of the Policies
The content of these Policies includes the text of these OTC Market Policies, and all the various rules that Mexo has published to date or that may be published in the future. All rules are an integral part of these Policies and have the same legal effect. Unless expressly stated otherwise, any service provided by Mexo and its affiliates related to the OTC Market is governed by these Policies.
Mexo may deny, restrict and/or condition the OTC Services, as well as the information and/or content of the Site, in whole or in part, at its sole discretion, as well as to modify, add and/or eliminate the information, content, services or products, at any time and without notice.
You should carefully read all the content of these Policies before using Mexo Services. If you have any questions about this document, you should consult with Mexo. When you use the OTC Services, these Policies and all of their terms, rules, and conditions are linked to you. You accept that you do not have the right to claim that all or part of the terms, rules, and conditions of these Policies are not valid, nor to request the termination or revocation of this Agreement for not having read the content thereof.
You agree to accept and comply with these Policies. If you disagree, you must stop using the OTC Services. If you continue to use the OTC Services, it means that you are accepting these Policies.
Mexo has the right to modify these Policies and/or the Mexo Rules and will notify you through a public announcement without informing you only. Once the revised Policies and rules have been posted on the Site, they will take effect immediately after the date of their posting on the Mexo Site. If you do not agree to the change, you must immediately stop using the Services. If you continue to use the Mexo Services, you accept and are willing to comply with the modified agreements and rules.
IV. OTC services
4.1 Service content
Through the OTC Trading Platform provided by Mexo, Users can among themselves, outside the order book of the Spot Trading Market, freely negotiate the purchase and sale of Digital Assets in exchange for other Digital Tokens or fiat money.
Mexo does not raise or custody fiduciary money of any of the Users who participate in the OTC market. Any exchange of fiat money between any of the OTC Market participants is carried out directly between them, without the intervention of Mexo.
The OTC Trading Platform is a free environment in which the Parties can freely negotiate which Digital Assets they want to sell, in exchange for what price, freely choose the payment method (except for cash), and define whether the payment will be covered with Digital Assets or with Fiduciary Money. However, Mexo reserves the right at all times to restrict the Digital Assets, payment methods, or fiat money that the parties may choose to use to negotiate their operations within the platform.
4.2 Service Costs
All costs for carrying out OTC Operations within the Mexo platform are assumed by the OTC Market participants, independently and exclusively.
When you use the OTC Services, Mexo is entitled to charge you a fee according to the Fee Schedule published on the Site. Mexo has the right to make and adjust service charges, according to the Fee Schedule that appears in Mexo.
Unless both parties indicate or agree otherwise, you accept that Mexo has the right to deduct, at any time, the fee or service charge directly from your Assets that you have deposited in Mexo Wallets.
4.3 Changes, interruptions, and termination of OTC Services.
In case of particular circumstances, Mexo will have the right to make changes to the content of the OTC Services and may also interrupt, suspend, or terminate said services.
4.3.1 Changes to the OTC Service.
Mexo reserves the right to make changes to the content of these Policies, the Fee Schedule, and/or other terms of Service and operating rules issued by Mexo at any time. Mexo will post a notice in a visible position within the Site, and it will take effect immediately. If you continue to use Mexo OTC Services, it is considered that you accept the change of the content published by Mexo. If you disagree with the modified content, you have the right to stop using the Mexo Services.
4.3.2 Interruption or termination of the OTC Service.
Mexo reserves the right to terminate all OTC Services per these Policies, and these will end on the termination date of all Mexo Services.
By terminating these Policies or the Mexo User Agreement, you lose the right to require Mexo to continue to provide you with any services or to perform any other obligation, including, but not limited to, requiring Mexo to retain or disclose any information in your original account to you or any third party, including information that you have not read or submitted. Termination of this Agreement will not affect the breach of contract by the Party in breach.
In the event of any of the following circumstances occurring, Mexo reserves the right to discontinue or terminate the OTC Services, and any other Mexo Services provided to you, without prior notice:
(a) If your personal information is false or inconsistent with the information at the time of registration, and you do not provide reasonable evidence of such information;
(b) If you violate the relevant laws and regulations applicable to OTC Services or any of the terms and conditions under these Policies;
(c) If it is determined that you breached your obligations when entering into a contract within the OTC Trading Platform.
(d) If it is discovered that you have requested, without justification, the refund or chargeback of an OTC Transaction.
(e) If during the execution of a transaction within the OTC Trading Platform, it is discovered that you were communicating with another User outside of the platform, or if you invite another User to have communications with you outside the platform.
(f) If you use obscene, profane, and offensive language within the OTC Trading Platform.
(g) If it is discovered that you intend to misuse the Personal Data of any other User that he or she has shared with you due to the conclusion of an OTC Operation.
(h) If you receive, make, provide, or attempt to receive, make, or provide payments to or for third parties.
(i) If you try to gain unauthorized access to the Site or through the account of another User or help others who try to do so;
(j) If you use Mexo OTC Services to carry out illegal activities such as money laundering, illegal gambling operations, terrorist financing, or other criminal activities, or invite another User to carry out illicit activities, even if they are not concluded.
(k) due to the requirements of financial regulatory authorities, Financial Intelligence Units, or criminal, political, and legal departments;
(l) for security reasons or other circumstances considered relevant by Mexo; or
(m) for any other reason established in these Policies.
After the interruption or termination of the OTC Services, you will have to independently and fully face any cost, dispute, or loss arising from any of the operations carried out before the suspension or termination of the Service and will ensure that Mexo is free of any consequences or costs incurred. As a consequence of the interruption or termination, Mexo may, at any time, cancel any offer or pending purchase or sale order that has not yet been executed.
V. Rules of the OTC Trading Platform
In the OTC Market, users list and trade their Digital Assets or Tokens outside of the Spot Trading Market, setting the price of them to be sold or exchanged with other Users.
In the OTC Platform, the User may negotiate with another User the purchase, sale, or exchange of Assets or Digital Tokens under the terms and conditions that both favor and that are freely agreed between them.
Mexo does not buy, sell or trade any Digital Token on its behalf. The Services provided are only so that Users can post one or more notices on our platform indicating their intention to offer to buy, sell or exchange Digital Assets so that other Users can view said offers and, where appropriate, initiate a negotiation process that will allow them to conclude with a sale or exchange transaction.
5.1 Operations through the OTC Trading Platform
To carry out OTC operations within the Mexo platform, the User must follow the Registration and Account guidelines established in the Mexo User Agreement and comply with the necessary KYC requirements.
You must have a KYC Level 2 account, for which you will need to provide the information established in the Mexo User Agreement.
Mexo reserves the right to request any additional information to those established in the Terms of Use to determine or corroborate the identity and transactional profile of the client, due to the performance of OTC Operations. Mexo may also request additional information and documentation in the event of changes in the law applicable to the Mexo Services.
If Mexo does not receive the requested information, we may suspend or terminate the services and/or the contractual relationship with the User, including access to the platform.
When carrying out any OTC Transaction within the Mexo platform, you agree to promptly comply with the service rules and the use of standards established in these Policies and the Mexo User Agreement.
5.1.1 List of Offers for the Purchase, Sell, and Exchange of Digital Assets
The User in the OTC Trading Platform may list offers for the sale or exchange of their Assets or Digital Tokens through the section "I want to sell," or list offers for the purchase or exchange of Assets or Digital Tokens in the section "I want to buy."
In the notice of purchase, sale, or exchange, the User will propose:
(a) The minimum or maximum amount of Digital Assets or Digital Tokens that it is willing to sell, buy or exchange in one or more transactions;
(b) The minimum price that you intend to receive or pay for the Digital Asset in fiat, or the amount of Digital Assets that you intend to receive in exchange;
(c) The authorized or proposed payment method(s) to conclude the operation; and
(d) The term of the offer.
Although the principle of freedom of contract governs operations on the OTC Trading Platform, offers to buy or sell Digital Assets in cash are strictly prohibited and may lead to the cancellation and suspension of the Mexo Services.
Unless otherwise stated, at any time, the User may cancel its offer to purchase, sell, or exchange the Digital Token until the operation has not been confirmed.
Mexo reserves the right to cancel, at any time, any purchase, sale, or exchange offer that has not been adequately concluded, if it considers that it violates the OTC Market Policies, the Mexo User Agreement, the Privacy Policies, the Mexo Rules, or any violation of any law or regulation applicable to said operation.
5.1.2 Authorization to hold your Digital Assets in escrow
Once an offer for sale or exchange of Digital Assets is published on the platform, Mexo will keep in escrow deposit the amount of Digital Tokens offered by the seller, to guarantee compliance with the obligation in case of confirmation of the transaction of sale or exchange of Digital Assets.
In the same way, when an Offer to Purchase or exchange a Digital Assets is published, the amount of Digital Tokens that the seller agreed to sell or exchange will be kept in escrow as a guarantee of the operation. This will occur when the parties have agreed to the terms of the transaction, and the period begins for the buyer to cover the payment of the contract.
For the purposes outlined in this section, you expressly authorize Mexo to take temporary control of your Digital Assets and keep them on deposit as a guarantee of the fulfillment of your obligations within the OTC Operation. Likewise, you expressly authorize Mexo to deliver the Digital Assets to the buyer (even without your authorization), when there is sufficient justification that the buyer has complied with the terms of the transaction, or when, in such way, has been resolved in the solution of the appeal or dispute, in terms of section 5.2 of these Policies.
5.1.3 Negotiation of the Contract
The OTC Operation will be considered initiated once another User responds to the purchase, sale, or exchange offer.
Once a User has responded to any offer of purchase, sale, or exchange, a portal will be activated within the Site in which the Parties may continue communications with the purpose that they can conclude with a transaction of sale or exchange of Digital Assets.
All communications between Users must occur within the OTC Market Platform. Violation of this obligation constitutes a breach of the Policies, which at the discretion of Mexo, may lead to the total or partial cancellation or suspension of the Mexo Services.
All communications between two Users are considered private. However, Mexo is also considered, for legal purposes, part of said communications, and therefore may access and process said communications per the Mexo Privacy Policy, as well as to resolve any dispute in terms of section 5.2 of these policies.
Any communication that has occurred between two Users outside the platform, or that is hidden, encrypted, or whose visibility is obstructed, will not be considered during the review of the dispute and the resolution of the controversy.
5.1.4 Conclusion and performance of the contract
The contract will be considered confirmed once both Parties have agreed through the platform on the terms and conditions of the transaction.
Once the contract has been concluded, the buyer will have 240 minutes to pay the agreed price. If, after this period, there is no proof that the payment was made, the OTC Operation will be considered automatically terminated, without responsibility for any of the parties. In this case, the Digital Assets kept in escrow deposit will be returned to the seller.
Once the payment has been made, you must click on the option to confirm the payment within the Site so that the operation is not automatically canceled, and in turn, the seller can verify it.
The seller is responsible for verifying that the payment has been made in full and per the agreed terms and that the payment has not been made through a third party.
Once the seller has received the payment, it must be confirmed on the platform for the Digital Token to be transferred by the seller or by Mexo to the Buyer's Digital Wallet.
The purchases, sales, and transmissions of Digital Tokens through the OTC Market are settled by the actual delivery of the total amount of the Assets or Digital Tokens by the seller to the Mexo Wallet, against full payment with the Digital Token or fiat money made by the buyer.
5.1.5 Legal Origin of the Funds
Payments made by buyers must be made directly, and not on behalf of third parties. Receiving, making, providing, or attempting to receive, make or provide payments to, or for third parties, is considered prohibited and constitutes a violation of this Agreement that may lead to the termination of all Mexo Services.
By using the OTC Services, you declare and guarantee that you are using the Site in your own right and, therefore, you swear that you are the ultimate beneficiary of any fund, Digital Token, or any other property that is being used to sell or acquire any fund, Digital Token or property of another user.
Likewise, you guarantee that the funds, Digital Tokens, or any property used to carry out operations within the OTC Market are of legal origin. Also, you declare and guarantee that the funds, Digital Tokens or property over assets that you acquire when using the OTC Trading Platform will not be used for any activity that is considered illegal, such as money laundering, drug trafficking, organized crime, tax evasion, terrorist financing, among others.
5.1.6 Tax obligations
Any OTC Operation that generates the payment of tax in terms of the applicable legislation must be covered directly by the parties to the corresponding authority. From this moment, you release Mexo from any contingency of a fiscal nature that may arise from an OTC Transaction.
5.1.7 Independent relationship.
Users acknowledge that by using the OTC Trading Platform, Mexo is not acting as your intermediary, broker, advisor, or agent, and has no obligation or fiduciary duty with you in connection with any exchange or other activities or decisions.
5.2 Settlement of Disputes derived from OTC Sale Operations
An appeal or dispute will be initiated when there is a disagreement between the seller and the buyer regarding an OTC Transaction. The said appeal may be started by any of the parties or by Mexo.
The resolution of the dispute will be resolved by Mexo, or by an independent third party designated by Mexo. The decision, typically, will be to deliver the Digital Asset held in escrow deposit either to the buyer or the seller, considering the circumstances of the case. In rare situations, and when the solution is challenging to determine towards one or the other Party, Mexo or the third Party may resolve the appeal by dividing the digital asset stored in deposit evenly or unevenly.
An appeal may only be initiated regarding sale or exchange operations that have been marked as paid by the buyer and that the seller has not authorized the release of the Digital Asset subject to the sale.
OTC Sale Operations are not subject to dispute when:
(a) They have not been marked as paid by the buyer.
(b) The Digital Assets have already been released and delivered to the buyer by the seller
(c) The buyer has canceled them.
(d) They have been automatically canceled,
(e) They have already been disputed and resolved previously.
If, during the Appeal process, there is no response to the communications sent to you by Mexo for purposes of resolving the dispute, your lack of response may lead to the appeal being decided against you for this reason alone.
During the solution of an appeal, Mexo may send you requests for information that you must comply with. These requests may include the delivery of evidence of payment, confirmation that payment has been received or not received (for example, bank statements), additional identifying information, photographic, audio, or video evidence, or any other document or information that is considered relevant by Mexo. Failure to comply with these requests for information may lead to the dispute being resolved against you.
The decision that has been made by Mexo to resolve an appeal or dispute is final and definitive.
You understand and agree that Mexo's decision may not be in line or meet your expectations. You accept and acknowledge that Mexo will not be responsible for any conclusion or decision when solving a dispute.
VI. Extraordinary Events
6.1 Fortuitous events or causes of force majeure
When due to fortuitous events or force majeure, it is impossible to continue operations, Mexo may close or cancel the offers of the Users and terminate an unfinished OTC sale and purchase transaction, in any case trying to safeguard the rights and interests of the Users.
6.2 Contingency situations.
If Mexo declares a contingency situation, the operating mechanisms may be modified per these Policies.
VII. Law enforcement, dispute resolution, arbitration and class action waiver, and others
Except for the provisions of section 5.2 of these Policies, all the provisions of the Mexo User Agreement that by reference the parties expressly accept are applicable for the determination of the applicable law and the dispute resolution agreement.
VIII. Miscellaneous
The Parties agree to the following general terms:
8.1 Severability. If any part, term, or provision of these Policies is deemed void, illegal, unenforceable, or in conflict with any applicable law or jurisdiction, the validity of this Agreement will not be affected by it, except to the extent that such provision is void, illegal or otherwise unenforceable.
8.2 Force majeure. Mexo shall have no responsibility or liability for any failure or delay in the performance of any of Mexo's OTC Services, or any loss or damage that may be incurred, due to any circumstance or event beyond the control of Mexo or any of its Affiliates, including but not limited to extraordinary weather conditions, earthquakes, acts of God, war, fire, revolution, labor disputes, riots, accidents, government actions, power failure, hacking, equipment failure, or software malfunction.
8.3 Headings. The titles and subtitles contained in these Policies are for convenience only. They shall not be deemed to control or affect the meaning or construction of any provision of these Policies.
8.4 Assignment. The User may not assign or transfer any right to use the Services or any of their rights or obligations under these Policies without the prior consent of Mexo. Mexo may assign or transfer any or all of your rights or obligations under these Policies, in whole or in part, without prior notice or obtaining your consent or approval
8.5 Notices. All communications, requirements, announcements, and specific notifications that Mexo will send or make specifically concerning these Policies will be sent by email to the email address established by you during your registration. Any email change will be notified in advance to Mexo to take effect.
8.6 Waiver. The fact that Mexo at any time does not demand that you comply with any provision of these Policies will not affect Mexo's right to request compliance at any later time, nor will Mexo's waiver of a breach of any provision of this will consider a waiver of a provision in itself.
8.7 Previous Policies and Modifications. These Policies contain the complete understanding between the Parties. The Parties agree to comply with the terms and conditions established in this document, replacing and nullifying any agreement or oral or written negotiation that has been previously entered into.
IX. Agreement
You, the Mexo user (including individual and institutional users), acknowledge and agree to the following:
9.1 You have the legal status necessary to carry out the corresponding activities carried out within the Site, as well as to buy, sell and exchange Digital Assets, and there are no legal or administrative provisions that prohibit or restrict your participation in the Site.
9.2 All documents and information provided by you are accurate, complete, valid, and legal, and guarantees that the funds used within the platform are from a lawful source.
9.3 You agree to conscientiously comply with the laws, regulations, rules, and regulations related to Mexo.
9.4 You accept the possibility that Mexo shares your information in the cases in which it is required to comply with the obligations related to the anti-money laundering or counter-terrorist financing in terms of the applicable AML and CTF provisions and any related law, without that the foregoing implies a violation of the obligation of confidentiality or violations of the disclosure restrictions established in our Privacy Policies.
9.5 You are committed to fully understanding the meaning of trading on your own behalf, knowing that there is also the possibility of loss. In this case, you will be solely responsible for the results, whether they are gains or losses, and therefore expressly releases Mexo from any liability or obligation concerning such gains or losses.
9.6 You agree that through the Mexo Site, it will be a correct way to be notified of any notice, change or modification related to the Site, the Mexo Services, and/or the Mexo Rules. Therefore, you assume the responsibility of regularly accessing the Site to review any notifications and/or announcements that are published there.
9.7 You accept that only for particular matters related to the Mexo Services between you and Mexo, you will be notified through the email that was provided when registering on the platform, or through the email that is subsequently registered in Mexo. Said notification will be considered valid with the sole fact that Mexo can prove that the email left Mexo's servers
9.8 You acknowledge and assume any risk derived from the use of Mexo OTC Services, the Site, and the OTC Trading Platform.
9.9 You confirm your agreement and acceptance that the electronic signature or seal of the contract will have the same legal effect and will not require the signing of a paper contract or instrument.
9.10 You will be solely responsible for maintaining and taking care of the password that allows you access to the OTC Trading Platform and other Mexo trading systems. All operations after the verification of your identity that are carried out with said password will be considered yours. You, and you alone, will bear all the resulting legal consequences.
(Prior Mexo)