Legal & Policy

Privacy Policy

Privacy Policy

This Privacy Policy explains how Kemfex and its Affiliates (“Kemfe”) collects, uses, shares, and protects user information obtained through the Kemfex.com website. The terms “we,” “us,” and “our” refer to Kemfex and its affiliates. When we ask for certain personal information from users it is because we are required by law to collect this information or it is relevant for specified purposes. Any non-required information you provide to us is done so voluntarily. You decided whether to provide us with these non- required information; you may not be able to access or utilize all of our Services if you choose not to.

By using the Site, you consent to the data practices described in this Privacy Policy. On occasion, Kemfex may revise this Privacy Policy to reflect changes in law or our personal data collection and use practices. If material changes are made to this Privacy Policy, the changes will be announced by posting on the site. We will ask for your consent before using your information for any purpose that is not covered in this Privacy Policy.

The latest privacy policy has incorporated elements from the General Data Protection Regulation (GDPR) as we act in accordance to its personal information processing rules within the European Economic Area (EEA).

INFORMATION KEMFEX COLLECTS

We want you to understand the types of information we collect when you register for and use Kemfex’s services

Information you provide to us at registration

When you create a Kemfex Account, you provide us with personal information that includes your contact information (Email Address, name, and a password). You can also choose to add a phone number for SMS or Google Authenticator account to be used for 2FA verification for improved security.

Information we collect when authenticating user identity

To comply with global industry regulatory standards including Anti-Money Laundering (AML), Know- Your-Customer (KYC), and Counter Terrorist Financing (CTF), Kemfex requires user accounts to undergo user identity authentication for both Personal & Enterprise-level accounts. This entails collecting formal identification.

Information we collect as you use our services
Service Usage Information

Through your use of the Kemfex platform, we also monitor and collect tracking information related to usage such as access date & time, device identification, operating system, browser type and IP address. This information may be directly obtained by Kemfex or through third party services. This service usage data helps us our systems to ensure that our interface is accessible for users across all platforms and can aid during criminal investigations.

Transaction Information

For all personal and enterprise user accounts, we collect transaction information including deposit snapshots, account balances, trade history, withdrawals, order activity and distribution history. This transaction data is monitored for suspicious trading activity for user fraud protection, and legal case resolution.

WHY DOES KEMFEX COLLECT THIS INFORMATION

To provide and maintain our services

We use the information collected to deliver our services and verify user identity.

We use the IP address and unique identifiers stored in your device’s cookies to help us authenticate your identity and provide our service. Given our legal obligations and system requirements, we cannot provide you with services without data like identification, contact information and transaction-related information.

To protect our users

We use the information collected to protect our platform, users’ accounts and archives.

We use IP addresses and cookie data to protect against automated abuse such as spam, phishing and Distributed Denial of Service (DDoS) attacks.

We analyse trading activity with the goal of detecting suspicious behavior early to prevent potential fraud and loss of funds to bad actors.

To comply with legal and regulatory requirements

Respect for the privacy and security of data you store with Kemfex informs our approach to complying with regulations, governmental requests and user-generated inquiries. We will not disclose or provide any personal information to third party sources without review from our legal case team and/or prior consent from the user.

To measure site performance

We actively measure and analyse data to understand how our services are used. This review activity is conducted by our operations team to continually improve our platform’s performance and to resolve issues with the user experience.

We continuously monitor our systems’ activity information and communications with users to look for and quickly fix problems.

To communicate with you

We use personal information collected, like an email address to interact with users directly when providing customer support on a ticket or to keep you informed on log ins, transations, and security. Without processing your personal information for confirming each communication, we will not be able to respond to your submitted requests, questions and inquiries. All direct communications are kept confidential and reviewed internally for accuracy.

To enforce our Terms of Use and other agreements

It is very important for us and our customers that we continually review, investigate and prevent any potentially prohibited or illegal activities that violate our Terms of Service. For the benefit of our entire user base, we carefully enforce our agreements with third parties and actively investigate violations of our posted Terms of Use. Kemfex reserves the right to terminate the provision of service to any user found engaging in activities that violate our Terms of Use.

HOW DOES KEMFEX PROTECT USER DATA

Kemfex has implemented a number of security measures to ensure that your information is not lost, abused, or altered. Our data security measures include, but are not limited to: PCI Scanning, Secured Sockets Layered encryption technology, pseudonymisation, internal data access restrictions, and strict physical access controls to buildings & files. Please note that it is impossible to guarantee 100% secure transmission of data over the Internet nor method of electronic storage. As such, we request that you understand the responsibility to independently take safety precautions to protect your own personal information.

If you suspect that your personal information has been compromised, especially account and/or password information, please lock your account and contact Kemfex customer service immediately.

CONTACT US

We are committed to respecting the freedoms and rights of all our Kemfex users who have placed their trust in our service. If you should have any questions or concerns regarding this Privacy Policy, or if you would like to file a Data Protection request, please refer to our FAQ and contact us on our Support Page.

Terms of Business

Terms of Business

General Terms of Use

This is a contract between you and kemfex.com (hereinafter called “KEMFEX”). This website and its related services are owned and operated by kemfe global services Limited (hereinafter called “KEMFE”).. By clicking the “CREATE ACCOUNT” or “SIGN UP” button, or by accessing or using the services through kemfex.com, or any associated websites, APIs, or mobile applications (collectively the "Site"), you agree that you have read, understood, and accept all of the terms and conditions contained in this Terms of Business. You should read the entire Terms of Use carefully before you use this Site.

kemfe in the Terms refers to the owner, also known as kemfe, including but not limited to its shareholders, board of directors, investors, employees or affiliates. kemfex can also mean the services, websites, contents and other information provided by kemfe.

Depending on Your country of residence, you may not be able to use all the functions of the Site. It is your responsibility to follow those rules and laws in Your country of residence and/or country from which You access this Site and Services. As long as you agree to and actually comply with these Terms of Use, kemfex grants to you a personal, non-exclusive, non-transferable, non-sublicensable and limited right to enter and use the Site and the Service.

kemfex reserves the right to alter, amend or modify these Terms from time to time, in our sole discretion. We will provide you with notice of such changes by providing notice on the Site and/or by posting the amended Terms via our Site and updating the "Last Updated" date at the top of these Terms. The amended Terms will be deemed effective immediately upon posting on the Site.

If you disagree with these Terms, kemfex’s right to modification, or if the Terms is partially or completely excluded by the applicable laws in your jurisdiction, please DO NOT ACCESS THE SITE OR USE THE SERVICES.

These Terms of Use shall be governed by and construed in accordance with the Laws of the Federation of Nigeria, unless otherwise expressly provided. All disputes and controversies arising out of or in connection with this website and these Terms of Use shall be submitted to the Court of Laws in the Federation of Nigeria. If any portion of these Terms of Use shall be deemed invalid, void or for any reason unenforceable, such portion shall be deemed severable and shall not affect the validity and enforceability of any remaining portion.

Description of Services
OTC Marketplace platform

Kemfex is a peer-to-peer platform service that enables its users to buy and sell digital currency. The Site allows buyers ("Buyers") and sellers ("Sellers"), to buy and sell the Internet currency known as "Bitcoins" (see http://bitcoin.org) or other virtual digital currency, and the services provided by the Site from time to time (the “Service”).

Kemfex also offers hosted digital wallet services. Our registered users are able to post offers to either buy or sell digital currency via payment methods of their choice. The creator of the offer is responsible for listing terms of the trade. Once an offer is selected by another user, digital currency is held in our escrow service from the party that is selling it. The digital currency is released from escrow to the buyer by the seller once the buyer has completed the terms of the trade. The escrow is released back to the seller if the buyer chooses to cancel the trade. The seller may not cancel the trade at any point. The seller only has the option to release the digital currency from escrow to the buyer. This is for the security purposes of the buyer. Should a seller need to cancel the trade due to a buyer not following the terms of the trade, they must start a dispute and provide a reason for doing so.

Kemfex Exchange platform

Kemfex also provides an online digital asset trading platform (crypto to crypto) for products commonly known as cryptographic currency. Kemfex does not provide fiat trading capabilities on its platform and as such is not subjected to the stringent regulations that come with it. Kemfex functions as a trading platform provider and is not a buyer or seller in trades made between traders. Kemfex is also not a market maker. Traders must register and open an account with Kemfex and deposit digital assets prior to commencement of trading. Traders may request the withdrawal of their digital assets, subject to the limitations as stated in verification clauses.

Eligibility

By registering for an account or accessing the service of the Site (the “Service”), you represent and warrant that:

  1. You are an individual, legal person or other organization with full legal capacity (‘You”) to enter into this User Agreement between You and Kemfe;
  2. You are at least 18 years old or of the legal age in accordance to your relevant jurisdiction;
  3. You have the full capacity to accept these Terms and enter into a transaction involving Bitcoins and/or other virtual digital currency;
  4. You cannot use your personal account to act as an intermediary or broker for any person;
  5. If you are using the Services on behalf of a legal entity, You further represent and warrant that:
    1. The legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and
    2. You are duly authorized by such legal entity to act on its behalf.
  6. You use our Services at your sole option, discretion and risk;
  7. Your account has not previously been suspended or removed from using our Services;
  8. You will operate only the virtual digital currency that belongs to You;
  9. You are acting on your own behalf, or are legally authorized to carry out the transactions;
  10. All of the information You submit to the Site is accurate, current and complete, and will be updated upon request from Kemfex;
  11. You allow us to use your information to facilitate the operation of this Site;
  12. You agree that You will not use the Service to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, fraud, blackmail, funding terrorism, terrorist financing, or malicious hacking, and You will not engage in misconduct that may cause damage to Kemfex’s reputation. We will report all criminal activities to the law enforcement agencies;
  13. You agree to pay the fees for services completed via the Site as defined under Kemfex’s published fee structure, which Kemfex may change from time to time;
  14. There are risks, associated with Internet-based system, such as the failure of hardware, software, and Internet connections and with the Blockchain Protocol, such as any malfunction, unintended function, unexpected functioning of or attack on the Blockchain protocol;
  15. You are responsible for maintaining adequate security and control of all codes or credentials that You use to access the services including but not limited to and or all usernames, passwords and two-factor authentication codes.
  16. You further guarantee that You will not:
    1. Use our Services or will immediately cease using those if any applicable law in your country prohibits or will prohibit You at any time from doing so;
    2. Use our Services to participate in fraudulent, scam or any type of illegal activity;
    3. Provide false, inaccurate, fraudulent or misleading information;
    4. Attempt to modify, decompile, reverse-engineer or disassemble our software in any way;
    5. Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
    6. Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
    7. Develop any third-party applications that interact with our Services without our prior written consent;
    8. Encourage or induce any third party to engage in any of the activities prohibited under this Section.
  17. You shall take full responsibilities and liabilities for your behaviours at all times when using Kemfex services and Kemfex reserves the rights to claim damages against you.
Identity Verification

With the aim to ensure Kemfex remains a safe and reliable platform for all of our users we may require you to verify your identity to access part of the services we offer. Identity verification may be required when you create advertisements, pass certain trade volume limits, during trade disputes, fraud investigations, and to ensure account ownership. As part of our ID verification process we require you to provide us with your full name as well as documents and photographs that verify your identity.

With regard to any personal information provided by you, you hereby expressly and irrevocably acknowledge and authorize that Kemfex is entitled to, as of the date of your registration, conduct identity verification by Kemfex itself or assign, indirectly or directly, any third party to verify the personal information provided by you, by that you are fully aware of the facts and accept it

In certain situations, we may require enhanced identity verification. This may include facial recognition, or requirements to verify details or sources of funds regarding payments you have made or received during trades on Kemfex as well as digital currency transactions that you’ve sent or received from your Kemfex account.

ID verified accounts have a clear owner which makes it easy to return access to you if you lose all access to your account. It is very hard or impossible to return access to accounts that are unverified, even if you know your username, as it is difficult to identify the original account owner.

When it is necessary, we may further request you provide such information for our partners, banks in cooperative relationships, or establish an account in such banks to comply with our Know Your Customer (KYC) and anti-money laundering policy.

If any holder of account on the Site (“Member”) violates any provision in the Terms, his or her account, and the Service on the Site is likely to be frozen, cancelled or terminated, and the Member will be held liable for damages to Kemfex or losses incurred to other Members.

Account Management

The Site provides an online platform to facilitate trading for virtual digital currency transaction between buyer and seller. Kemfex is not a party to the contract of such transaction or any other contract between buyer and seller, and Kemfex bears no legal liability for these contracts. Both parties shall take full responsibility arising from their contract and information regarding the publication of their trade. Kemfex is not involved in any members’ transaction and does not guarantee or otherwise acquiesce to guarantee any performance of such transaction. In the event shall disputes arise, buyers and sellers are responsible for resolving the disputes. However, if Kemfex receives complaints or obtains any knowledge regarding any members being involved in fraud, transaction disputes or illegal misconduct, Kmefex has the right to adopt necessary measures to protect its rights as well as rights of other members.. Kemfex can freeze the accounts involved in suspicious activities, screen out members and information or content provided by members. Kemfex reserves the right to remove any content or information provided to the Site and does not ensure members will be able to complete transactions.

Kemfex is highly concerned about the security of the Site and our Service. By registering on Kemfex website, you agree to provide your latest and accurate personal information, and also agree to continue to update such information. You acknowledge you will not allow any others access into your account on the Site at any time.

In the event you establish or access to a Kemfex account without using the interface provided by Kemfex, your account, Service, and transaction will be immediately suspended. Any intent to or assistance in carrying out misconduct by using an account, whether by using instruction manuals, software or tools will also result in termination of such account. Apart from terminating such account, Kemfex may also take further actions to counter such violation.

You are also responsible for the maintenance of the security of your account information, including your password and transaction record. You shall ensure the safety and confidentiality of your login credential, and prevent any unauthorized access to your account. If Kemfex learns of any suspicious activity in your account, we may exercise the right to freeze your account, and request additional information from you, including verification documents, for our further procedures. You are obligated to comply with such safety requests and agree for us to freeze your account. If you learn of any unauthorized use of your account or password, or violation of confidentiality agreement, please inform Kemfex immediately via email support@kemfex.com. Any member who violates such rules is subject to termination of the account, and bears the damages and legal liability to Kemfex and/or any other affected Members of the Site.

You agree and acknowledge you will not carry out any forms of criminal conduct by using the Service, including but not limited to money laundering, illegal gambling, financing terrorism or malicious hacking activity.

Limitation, Suspension, and Termination of Your User Account

You can terminate the agreement with Kemfex, and complete any unfinished transactions any time you wish.

You also agree Kemfex has the right to, limit, suspend, or terminate your account or access to the services that we provide to you promptly following the occurrence of any matter set forth below,

  1. Trying or assisting others to access other members’ account on the Site without authorization;
  2. Having registered two or more than two accounts simultaneously, or providing account for third party's use with or without compensation;
  3. Making changes, deleting or demolishing data, content and equipment on the Site or causing adverse effect on the Site's business operation by using robot account or other method;
  4. Modifying, deleting or collecting others’ personal information without authorization by taking advantage of any existing defect of the Site, sabotaging or trespassing the security system;
  5. Carrying out unlawful misconduct, including money laundering, illegal gambling, financing terrorism or other criminal activity;
  6. Violation of the terms and conditions of use;
  7. Defaulting on payment or conducting fraudulent transaction;
  8. Difficulties in operation;
  9. Make available content that is obscene, pornographic, racist, abusive, harassing, and threatening or is offensive, or behave in a way that libels, defames, stalks or invades privacy of other persons.

In the event when Kemfex takes legal action at the request of any governmental authority or pursuant to the law, the matter shall be determined at Kemfex’s sole discretion.

You further agree that Kemfex can terminate or suspend access to your account and the Site any time upon its sole discretion. If Kemfex reckons that any member may cause any legal liability, or any member's conduct does not conform to the purpose of the Site (Kemfex has sole discretion on this matter) it can exclude such member from the site by taking legal or technical measures. Kemfex shall not be held liable for unilaterally suspending member's account or restricting member's access to the Site to any member or third party. Such suspension or restriction shall not affect the accounts payable accrued in past transaction or settlement of existing transaction. While your account is terminated or suspended, Kemfex has the right to cancel or suspend ongoing transactions in such account, and Kemfex shall not be held liable for any loss or damages arising from such cancellation or suspension.

Frozen Account

Kemfex may freeze, cancel or terminate any transaction or your account on the Site if any suspicious activity is detected in your account, or under the following circumstances:

  1. Upon request of the government authorities in accordance to the law;
  2. Upon suspicion of fraudulent activities or law violations;
  3. When a mistake is found in the fund of the Members’ account or at the request of the money transfer service supplier;
  4. =Notification from one of the other Members about trades;
  5. Your violation of the Terms;
  6. Your use or misuse of the Site or the Service;

Kemfex may request additional information from you (including verification documents); it is your obligation to satisfy the foregoing security requirements, or accept the suspension or termination imposed by the Site. In the event of any unauthorized use of the account or password on the Site, please inform Kemfex by emailing support@kemfex.com.

Limited Right of Use

Kemfex grants you a limited, nonexclusive, non-transferable license to access and use the Site; however, Kemfex reserves the right to transfer all its rights, interests or obligations under these Terms to any person and these Terms shall continue to be in force and effect for the benefit of the successors and assigns of Kemfex.

You may access and use the Site solely for the intended functions of the Service and other approved purposes as expressly permitted by Kemfex. Any other use of the Site is expressly prohibited. When using the Site, you agree not to:

  1. Attack the Site or decompile, reverse engineer, disassemble or decrypt the Site, or attempt to derive the source code of the Site;
  2. Upload any material or the Site that contains computer viruses, Trojan horses or worms;
  3. Make any modification, adaptation, improvement, enhancement, translation, or derivative work to or from the Site;
  4. Use or attempt to use a web crawler on the Site;
  5. Violate any applicable laws, rules or regulations;
  6. Remove, alter, or obscure any proprietary notice of Kemfex, its suppliers, partners, or licensors;
  7. Cause a disproportionately large traffic on our infrastructure;
  8. Use the Site for any other purpose for which it is not designed or intended;
  9. Make the Site available over a network, or otherwise permitting access to or use thereof by multiple users at the same time;
  10. Gain or attempt to gain, unauthorized access to the Site, accounts of other users or any other component of the Service;
  11. Use the Site to send automated queries or commercial advertisements;
  12. Make any unauthorized use of proprietary information or intellectual property of Kemfex.
Intellectual Property Rights

Your log into Kemfex or use of any of the services offered by Kemfe shall not be deemed as Kemfex’s authorization to transfer of any intellectual property to you.

You acknowledge and agree that software, program and content used or displayed on the Site, including but not limited to publication, image, file, information, data, structure of the Site, website layout, and website design are exclusively owned by Kemfex or others which are protected by intellectual property and applicable laws including but not limited to trademark, patent, copyright, and trade secret.

No one can use, modify, reproduce, broadcast, publicly display and distribute, publish, disassemble and decode, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part without proper authorization.

If you wish to use the aforesaid software, program or website content, you are required to obtain prior written notice from the Site or others. You will be held liable for damages to Kemfex (including but not limited to attorney's fee) in the event you violate such stipulation.

When a member uploads content to our Site (including but not limited to copyright, trademark or other contents), he or she gives a free license to Kemfex to use such content for the purpose of operating our Site and providing Service. Member shall guarantee all contents posted or uploaded to the Site do not infringe any third party's copyright, trademark and other rights or interest. If such infringement takes place, the Member shall be responsible for all civil and criminal liability, and Kemfex shall be held harmless and fully indemnified; if any loss occurs to Kemfex, the member shall also liable for damages to Kemfex (including but not limited to attorneys’ fee). If any third party informs Kemfex of the foregoing right infringement, Kemfex may remove the content in dispute.

Non-investment Advice and Risk

Kemfex may provide the prices, volatility, relevant news or other information about bitcoin or virtual digital currency. However, this should not be construed as investment advice but merely as an act of sharing information. You agree to not interpret the aforementioned data as investment advice.

The trading of goods and products, real or virtual, as well as virtual currencies involves significant risk. Prices can and do fluctuate on any given day. Due to such price fluctuations, you may increase or lose value in your assets at any given moment. Any currency - virtual or not - may be subject to large swings in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling or trading anything on a market.

Bitcoin trading also has special risks not generally shared with official currencies or goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, Bitcoin and virtual digital currency is a unique kind of "fiat" currency, backed by technology and trust. There is no central bank that can take corrective measure to protect the value of Bitcoins and virtual digital currency in a crisis or issue more currency.

Instead, Bitcoin and virtual digital currency is an as-yet autonomous and largely unregulated worldwide system of currency firms and individuals. Traders put their trust in a digital, decentralized and partially anonymous system that relies on peer-to-peer networking and cryptography to maintain its integrity

Bitcoin and virtual digital currency trading is probably susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand relative to supply. For example, confidence might collapse in Bitcoin because of unexpected changes imposed by the software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems: if the anonymity of the system is compromised, if money is lost or stolen, or if hackers or governments are able to prevent any transactions from settling.

There may be additional risks that we have not foreseen or identified in our Terms of Business.

You should carefully assess whether your financial situation and tolerance for risk is suitable for buying, selling or trading Bitcoins or any other virtual digital currency.

OTC Trading Policy

POLICY WHEN MAKING AN ADVERTISEMENT OR TAKING A TRADE

Thank you for using Kemfex service for trading your digital currency. Before you proceed, please take the following points into account:

OTC Trading

A trade in Kemfex is an exchange between the maker (who makes an advertisement) and the taker (who responses to that advertisement). Regardless of their role as buyer or seller, the taker will be charged 1% of that trade (fee included in the displayed price).

The price is determined by the maker without any influence from Kemfex. Vice versa, the maker is fully responsible for the posted price. As a consequence, we will not cancel any advertisement that has been taken due to reasons of mistaken price or unwillingness to proceed from taker, we also won’t provide the contact information, supporter can reopen the trade to disputed and ask traders to deal together. And that disputed trade should be closed within 2 hours.

In Kemfex we treasure integrity, fairness and respectfulness. Any proof of scamming, spamming or deliberate tricking will result in banned account forever without giving a clear reason and quarantined remaining balance. You may be required to resolve your old trades before continuing using the service. Please also consider your language when discussing with the other users or our supporters.

One user can have one account ONLY during lifetime and all clone accounts will be banned forever.

POLICY FOR CUSTOMER SUPPORTS

Trades older than 2 weeks (from the time the transaction was created to the present) are not checked from customer support.

Bitcoin is a non-refundable asset. You need to check your payment carefully before releasing the trade or you can open a dispute and ask more proof from buyer. It is for our best interest to protect the right user, however you are responsible first and for most to be a cautious and clever trader. Kemfex has responsibility to process Bitcoin to your provided wallet, and all Bitcoin transactions are transparent and able to check at all nodes in Bitcoin network, such as: Blockchain (You can also check your Bitcoin wallet as this instruction here ). In case, your wallet provider haven't credited for your account, you need to wait some confirmations (the number of required confirmations are up to wallet provider, and most cases are 3 confirmations). You can ask the wallet provider to check your Bitcoin transaction if your transaction meets their requirements, and we do not have any responsibility if your wallet provider does not credit to your account.

In disputed trades, we expect the seller and buyer provide proof of payment, necessary information to resolve via evidence-based discussion in chat section. Our supporters will take action if no consensus can be reached or response out of permitted time.

POLICY FOR DISPUTED TRADES

Before you proceed, please take the following timelines into account:

If the seller does not add to sufficient amount of bitcoin within 24 hours, or if the buyer does not send payment within payment window (default setting is 15 minutes), the trade will be cancelled automatically.

When the buyer marks trade status as disputed, the buyer must upload the proof of transfer immediately. The seller has to response as soon as possible. Our supporter will call twice to remind (in case seller provide verified phone number). After 12 hours without any response from seller, we will release the bitcoin to buyer.

If the seller marks trade status as disputed, the buyer must upload the proof of transfer immediately. The timeline for response of new user buyer (who with less than 5 successful trades in Kemfe) is 1 hours and that of other buyer user is 6 hours. If there is no response within this timeline, the trade will be cancelled and the bitcoin is unfrozen.

During a trade dispute, if you do not respond within 48 hours without providing a reasonable reason, we will resolve the disputed trade based on the available data and the partner in that trade is favored.

Our support staff will resolve disputed trades after 3 days (except some special cases).

If the buyer and seller of a Bitcoin trade are in disagreement over a trade either party or Kemfex may initiate a dispute. Disputed trades are resolved by kemfex.com support staff.

Kemfex.com support resolves disputes by carefully evaluating the terms of trade, payment evidence, trade chat messages, user reputation, other data submitted to us by our users and data collected by us as part of the privacy policy.

When sellers turn unresponsive, we will resolve the dispute to the buyer if we are confident the seller has received valid payment from the buyer. If the buyer is unresponsive the seller may dispute the trade and we will resolve the dispute to the seller.

After the trade has been released by the seller the trade is considered finished by us and cannot be disputed, reversed or altered.

Providing fraudulent information or documents in a dispute or making false claims or otherwise trying to force a certain outcome of a disputed trade is considered a violation of this agreement.

Disclaimer

Disclaimer

We provide our Service in current condition for your use, and Kemfex reserves the right to partially or completely modify the contents of the service at any time. Kemfex does not expressly, imply or legally warrant, assert or state any guarantee regarding, including but not limited to, quality, performance, non- infringement, merchantability, fitness for a particular purpose, or any guarantee deriving from the course of transaction, practices or industrial guides. Subject to the foregoing, to the fullest extent of applicable law, Kemfex does not guarantee that the Site, the Service and the content within the Service are accessible, non-interruptible, promptly provided, safe and reliable, correct, and complete. It also does not guarantee that any defects (if any) will be corrected, or the Site and the server is clear of any virus, bug, program lock, deadly device, Trojan Horse, routing, trap door, time bomb or any other malicious code, directive, program or component.

You shall have responsibility to ascertain whether the information you upload or publish is correct, and adopt pre-cautionary measures including backing-up the archive. Kemfex is not responsible for any damages resulting from your use or inability to use the Site or the Service, and bears no obligation of notification. In the event any mistake occurs while handling your transaction, Kemfex has the right to correct, remove, withdraw or delete the affected transaction, and Kemfex will not be held liable for any damages caused to you.

You understand Kemfex does not conduct prior review for content on the Site and has no comprehensive control over member's activities on the Site; thus, you agree to use your own judgement and bear all risk regarding any content on the Site, including the correctness, completeness and practicality of such content. However, Kemfex has the discretion to remove any content violating the Terms or any content that causes displeasure in others. You acknowledge and agree that Kemfex has the right, to the extent reasonable and necessary, to preserve the content on the Site and disclose to the government authority, judicial police, custodian of minors and relevant members, for the following purposes:

  1. At the request of applicable law or government authority;
  2. Necessary to provide the Service on the Site;
  3. Necessary to prevent others’ rights from substantial impairment;
  4. To prevent users’ and the public's life, body, freedom and rights from imminent danger;
  5. To determine liability in a transaction dispute, Kemfex is permitted to provide relevant transaction information;
  6. Other circumstances Kemfex deems necessary.

Kemfex has the right to temporarily or permanently modify or terminate the Service on the Site (partially or completely) and shall not be held liable to you or any third party. You acknowledge that, within the fullest extent provided by applicable law, you shall personally bear the risk related to using the Site, the Service, or its efficacy.

Kemfex has no control and in the fullest extent of applicable law, does not guarantee the matters set forth:

  1. a. The purpose, existence, quality, safety or legality of virtual digital currency provided through the Site.
  2. b. The capability of buyers to sell virtual digital currency, and sellers to make payment. You agree to bear the risk of dispute arising from using Kemfex, and hold Kemfex, and other relating parties harmless and indemnified regarding other claims, request or damages concerning such disputes.

Kemfex does not own or control any of the underlying software through which virtual digital currency are created and transacted, such as blockchain technology. Kemfex does not make any guarantee of the functionality, security or availability of such software or technology.

Although Kemfex uses commercially reasonable methods to provide exchange rate information to you through the Service, such information may differ from prevailing exchange rates made available by third parties. Moreover, the actual market rate at the time of your trade may be different from the indicated prevailing rate depending on the velocity of trading in the virtual digital currency involved in your trade. Kemfex hereby disclaims all responsibility for any loss or damage arising from or relating to price fluctuations, latencies or differences in actual versus indicated prevailing rates.

Third-Party Content and Services

This website may provide content of a third party or links to other external links, which may link to websites operated or marketed by other businesses. However, this does not imply that Kemfex is associated with such businesses. Kemfex does not control and endorse or guarantee the accuracy and intactness of the contents of a third party and its websites. Kemfex is not responsible for the contents, privacy policies and practices of third-party websites. You shall bear any direct or indirect damages or losses arising out of your reliance on any content, product or services of such website or source, and Kemfex is not liable for such losses. Kemfex has no obligation to ensure that the links lead to completely risk-free websites. Sites other than this website may involve legal or other actual risks and you should take precautions to ensure that the website you opt to use is free of viruses, malicious programs, or other similar programs.

Safety Guarantee

You shall be mindful of not disclosing or allowing others to access or use your account number and/or password. You shall also ensure that regardless of whether intentional or incidental, you do not disclose, provide your username and/or password to another person or cause such person to such use, and that you keep your account and password confidential. Please do not employ information that is easily distinguished, e.g., your birthday, telephone number, or other identifiable letters of your name as your account or password. It is your responsibility to notify Kemfex immediately if you deem your account and/or password is disclosed to others, lost or stolen.

Taxation and Indemnification

Members acknowledge and agree that all tax liabilities associated with the sale of virtual digital currencies shall be borne by both the buyer and the seller in accordance with relevant laws, and Kemfex does not provide any legal or taxation advice. In addition, given that tax laws and regulations may be updated at any time, members shall immediately seek professional advice should he or she encounter any doubt. All tax related issues that you come across during transactions with Kemfex are dealt in accordance with relevant laws such as Tax Law of the Federal Republic Of Nigeria. At the request of the tax authorities, this website shall provide the information of this website's users or withhold taxes of same.

You shall be responsible for any litigation, incurred liability for compensation, litigation costs, requests for compensation and any direct or indirect loss of Kemfex resulting from your breaching of these Terms. You shall compensate all loss (attorneys' fees included) suffered by Kemfex and its shareholders, employees, agents, affiliates and co-manufacturers.

You agree to indemnify and hold harmless Kemfex, its affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of your breach or our enforcement of this Agreement. This shall also apply to your violation of any applicable law, regulation, or rights of any third party during your use of the Kemfex Service.

Complaints and Resolution

Members may utilize the complaint function to complain to Kemfex of any disputes while using Kemfex’s services. Depending on the result of Kemfex’s investigation into the complaint, Kemfex may, in its sole discretion, decided to cancel a buyer's order, release a seller's virtual digital currency, freeze Members’ account, lock Members’ virtual digital currency, remove advertisements, ban transactions, ban the redemption of virtual digital currency, or any other measures Kemfex deems necessary. Kemfex shall have final say in the resolution of the complaint, and the Members shall have no objection.

In the event any Member engages in fraud or any other unlawful act and is being investigated by the police or other law enforcement or judicial agency, Kemfex will provide transaction records and the personal information (including personal identification card, bank account information that is on record) of the accused to the police or other law enforcement or judicial agency.

Where we fail to provide the Services or delay in providing such Services due to information network equipment maintenance, information network connectivity failures, errors in computer, communications or other systems, power failures, weather conditions, unexpected accidents, industrial actions, labour disputes, revolts, uprisings, riots, lack of productivity or production materials, fires, floods, storms, explosions, wars, failure on the part of banks or other partners, collapse of the digital asset market, actions by government, judicial or administrative authorities, other acts that are not within our control or beyond our inability to control, or due to causes on the part of third parties, we shall not assume any responsibility for such failure to provide service or delay in providing services, or for the resultant loss you may sustain as a result of such failure or delay.

Severability

If any provision of these Terms is deemed unlawful, void or unenforceable, then that provision shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

Entire agreement

These Terms and any policies or operating rules posted by Kemfex constitute the entire agreement and understanding between you and Kemfex, and supersede any prior agreements, communications and proposals, in any form, between you and Kemfex (including but not limited to any prior version of these Terms).

If you have any question or comment on these Terms, or if you are aware of any violation of these Terms by Kemfex’s affiliates, please contact Kemfex at: support@kemfex.com.

NOTE : Where there are discrepancies in other languages, English version shall prevail.