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1. Acceptance of Binance P2P; Modification of Binance P2P Terms
Welcome to the Binance Peer-to-Peer (“Company”, “Binance”, “we”, “us”, or “our”). These Terms and Conditions (“P2P Terms”) constitute a legally binding agreement between Company and each registered users (each, a “User”, “you” or “your”) of Binance Peer-to-Peer (P2P) located at https://p2p.binance.com/en or such other URL as may be designated by Company from time to time, as well as any mobile apps or other related services or applications thereto (collectively, the “Binance P2P”).
Please carefully review these P2P Terms and the Binance Terms. By accessing and using the Binance P2P (including by place order and release digital assets herein), you are deemed to have read, accepted, executed and agreed to be bound by these P2P Terms (including the Binance Terms as incorporated by reference herein). We may change or amend the Binance P2P or these P2P Terms at any time at our sole and absolute discretion. Any changes to these P2P Terms will be in effect as of the “LAST REVISED” date referred to at the top of this page. You acknowledge and agree that the form and nature of the Binance P2P, and any part of it, may change from time to time without prior notice to you, and that we may add new or remove existing features and change any part of the Binance P2P.
IF ANY PROVISION OF THESE P2P TERMS OR THE BINANCE TERMS OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE OR CONTINUE TO USE THE BINANCE P2P. YOUR CONTINUED USE OF THE BINANCE P2P FOLLOWING THE POSTING OF ANY NOTICE OF ANY CHANGE TO THESE TERMS OF SERVICE SHALL CONSTITUTE YOUR ACCEPTANCE AND AGREEMENT TO SUCH CHANGE.
ARBITRATION NOTICE: THE BINANCE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND COMPANY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2. Overview of Binance P2P and Pexpay
Binance P2P is powered by Pexpay.com. Pexpay is a leading peer-to-peer platform to facilitate the purchase and sale of Digital Assets through more than 100 payment methods in exchange for other Digital Assets. Payment methods are negotiated and exchanged on a peer-to-peer basis between the buyers and sellers. Pexpay provides all necessary technology services and transaction support for Binance and Binance users in relation to Binance P2P transactions.
We, in partnership with Pexpay, provide you a channel to directly trade digital assets with your counterparties. We provide you a platform for buyers and sellers to broadcast their offers. Pexpay serves you as the facilitator of the transaction. Once the offline fiat assets exchange are confirmed by both parties, we will release your digital assets to the buyer.
3. Binance P2P User Transaction Policy
Before you start Binance P2P transaction, please carefully read the Binance P2P Transaction Policy.
4. No Warranty; Limitation of Liability; Assumption of Risk
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BINANCE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. BINANCE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE WEBSITE, ANY PART OF THE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. BINANCE IS NOT LIABLE FOR ANY DISRUPTION OR LOSS A USER MAY SUFFER. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE SERVICES AND WEBSITE. WITHOUT LIMITING THE FOREGOING, YOU HEREBY ACKNOWLEDGE AND ACCEPT THE VARIOUS RISKS INHERENT TO USING DIGITAL CURRENCY INCLUDING BUT NOT LIMITED TO HARDWARE FAILURE, SOFTWARE ISSUES, INTERNET CONNECTION FAILURE, MALICIOUS SOFTWARE, THIRD PARTY INTERFERENCE LEADING TO LOSS OR LACK OF ACCESS TO YOUR ACCOUNT OR WALLET AND OTHER USER DATA, SERVER FAILURE OR DATA LOSS. YOU ACCEPT AND ACKNOWLEDGE THAT BINANCE WILL NOT BE RESPONSIBLE FOR ANY COMMUNICATION FAILURES, DISRUPTIONS, ERRORS, DISTORTIONS OR DELAYS YOU MAY EXPERIENCE WHEN USING THE SERVICES, HOWEVER CAUSED.
IN NO EVENT SHALL BINANCE, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ADVISORS, CONSULTANTS OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF TOTAL FEES PAID BY YOU FOR THE SERVICE THAT IS SUBJECT OF THE CAUSE OF ACTION IN THE TWELVE (12) MONTHS PRIOR TO THE LOSS ARISING OR (B) FOR ANY LOST PROFITS, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SITE OR THE SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BINANCE HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF BINANCE’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
In using our Services, you may view content or utilize Services provided by Pexpay or other third parties (the “Third Parties”) , including hyperlinks to Pexpay and the Third Parties’ websites and services of such parties (the “Third Party Content ''). We do not endorse, adopt or control any Third Party Content and will have no responsibility or liability for such Third Party Content whatsoever. In addition, your dealings or correspondence with such Third Parties are solely between you and the Third Parties. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings and you understand that your usage of the Third Party Content, and your interactions with Third Parties, is solely at your own risk.