Termini e condizioni di P2P Express

P2P Express Terms and Conditions

These Terms and Conditions (“Terms”) define terms of use of P2P Express Service provided by CLWHITE DAO LLC and constitute an electronic agreement between you as a user (the “User” or “you”) and CLWHITE DAO LLC (the “Service Provider”, “we” or “us”). The Service Provider is an online P2P trading platform for buying and selling cryptocurrency(ies). As part of its services, the Service Provider also provides a P2P Express solution, allowing the instantly selling of the cryptocurrency in the way of accepting existing cryptocurrency buy orders from other persons. The Service Provider does not become a party to any trade or transaction concluded solely by its Users. Users may be only natural persons. “Services” or “Service” in these Terms refer to P2P Express available to Users through the Service Provider. “Order form” means P2P Express order form for the sale of the cryptocurrency in exchange for the fiat, containing details required for the execution of the Services. This agreement is deemed to be concluded between you and the Service Provider on the date and time you start using the Services provided by the Service Provider. These are the legal terms and conditions of using Services. No other materials, including website texts, prospects, blog posts, and other marketing material should be considered as establishing and defining the legal relationship between the User and the Service Provider. PLEASE READ THE TERMS CAREFULLY AS THEY GOVERN YOUR USE OF THE SERVICES. BY ACCESSING AND USING THE SERVICES OFFERED BY THE SERVICE PROVIDER, YOU ACKNOWLEDGE THAT YOU HAVE READ, AND UNDERSTAND THESE TERMS AND YOU EXPRESS YOUR CONSENT TO THEM. BY CLICKING THE CONFIRM-CHECKBOX BEFORE THE USE OF P2P EXPRESS SERVICE YOU PROVIDE US WITH YOUR EXPLICIT CONSENT TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS OR BY ANY SUBSEQUENT AMENDMENTS OR UPDATES TO THEM, DO NOT USE OUR SERVICES. IF YOU USE THE SERVICES, YOU WILL BE BOUND BY THESE TERMS. The Service is available only for the Users residing in Ukraine. Do NOT use our Services if your country of residence is not Ukraine.

Eligibility and Acceptable Use
The User can act only on his/her own behalf and cannot use the Services as an agent, intermediary, or broker for another person, organization, or entity. The User must reach the age of majority and acquire full legal capacity in the country of his/her citizenship and/or residence to use the Services. The use of the Services is prohibited for: the persons who are in, under control or are citizens or residents of FATF-blacklisted countries and/or countries subject to the United Nations Security Council Sanctions List, the European Union, HM Treasury's financial sanctions regimes, the United States embargo or other organization’s sanctions (a “Sanctioned Country”); and the persons under the EU, HM Treasury's financial sanctions regime, the U.S. Treasury Department's Specially Designated Nationals List, the U.S. Commerce Department's Denied Persons List or in other organizations’ sanction list (a “Sanctioned Person”). Before accessing and using the Services the User must assure whether there are any possible legal limitations and/or restrictions regarding the access and use of the Services. It is the User’s sole responsibility to follow all the applicable laws and regulations and comply with the restrictions and prohibitions of his/her country of citizenship/residence and/or country from which the User accesses the Services. To use our Services, the User may need to fulfill certain legal obligations in his/her country of citizenship/residence and/or the country from which he/she accesses the Services. By accepting these Terms, the User confirms that he/she has reviewed his/her local laws and regulations and that he/she is aware of, and fulfills, any and all such obligations.
P2P Express
The Service allows the User to sell cryptocurrencies to other users immediately at the current market price. Yet transactions may take a while due to the time required for financial institutions to process transactions. The cryptocurrencies available for the buy and selling may change from time to time. The actual cryptocurrency available is displayed on the Order form. To request the Services, the User fills out the Order form, entering the following information: Amount to be exchanged; The recipient's bank card number. Before the execution, the Order form shall display the User: Expected applicable exchange rate; Our fees applied; The expected amount of funds to be received; Acceptability of the inserted data.
The expected amount to be received and/or exchange rates may fluctuate significantly depending on the volatility of the cryptocurrency market.

Upon the confirmation of the Order form, the User accepts the cryptocurrency buy order from the other users, with the following sending to such users cryptocurrency and receiving assets from such users directly. The User solely assumes risks associated with indicating incorrect payment details in the Order form. Upon the confirmation of the Order form, Services are deemed provided in full. The transfers are completed as of the moment of the confirmation to perform such transactions, as well as transactions are irreversible and cannot be canceled. WhiteBIT bears no responsibilities or obligations under these Terms. This service is provided separately by the Service Provider, Service Provider’s users, and partners, independently from WhiteBIT. The data provided through the Order form is provided to the Service Provider directly. No Intellectual Property Rights are transferred under these Terms.
Fees
The fees and commissions for the provision of Services are determined by the Service Provider and stated in the Order form. It is the User’s obligation to revise the fees on the Order form prior to each use of the Services. We have the right to change fees without additional notice to Users. Our fees are charged in the cryptocurrency of the order. The User is solely responsible for the payment of all commissions and fees related to cryptocurrency transfers (blockchain, miner, gas, and other fees).
Assumption of Risks, No Warranty, Limitation of Liability of the CLWHITE DAO LLC
Services are provided "as is'', without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. In NO event, the Service Provider will be liable for any claim, damages, lost profit, or other liability, whether in an action of contract, tort, or otherwise, arising from, out of, or in connection with the use of the Services. Without limiting the foregoing, We do not represent or warrant that the Services will be accurate, complete, continuous, uninterrupted, timely, reliable, up-to-date, error-free, or free of viruses or other harmful components. The User agrees that, as with any asset, the values of digital currency (cryptocurrency) may fluctuate significantly and there is a substantial risk of economic losses when purchasing, selling, or holding digital currencies (cryptocurrency). Prices may fluctuate on an hourly basis. Such price fluctuations can increase or decrease the value of the User’s assets at any time. Any currency, whether cryptocurrency or not, can undergo significant fluctuations in value, as well as completely depreciate. The User understands that all operations with digital assets (cryptocurrency) are irreversible. Without limiting the foregoing, the User hereby understands and agrees that the Service Provider will not be liable for any losses or damages arising out of or relating to: any inaccuracy, defect, or omission of digital assets (cryptocurrencies) data; any error or delay in the transmission of such data, interruption in transmitting/obtaining any such data; any damages incurred by another User’s actions, omissions, or violation of these Terms. The User agrees that the Service Provider is not liable for the issues that occur in the appropriate blockchain. We assume no responsibility for the operation of the underlying protocols and We are not able to guarantee the functionality or security of network operations. In particular, the underlying protocols may be subject to sudden changes in operating rules. The User is responsible for checking the publicly available information about certain digital assets, underlying protocols, blockchains, and changes to them. We will use its reasonable efforts to provide you notice of its response to any material operating change; however, such changes are outside of our control and may occur without notice to the Service Provider. By using the Services, the User acknowledges and agrees that: (1) he/she is aware of the risks associated with transactions of digital assets (cryptocurrencies); (2) he/she shall assume all risks related to the use of the Services and transactions of digital assets (cryptocurrencies); (3) the Service Provider will not be liable for any such risks, damages and lost profit; and (4) he/she understands that there may be other risks that the Service Provider cannot foresee or define in these Terms and the Service Provider will not be liable for such risks. The User must take precautions to make sure that everything he/she chooses to use is free from viruses, worms, Trojan horses, and other malware. The User understands and agrees that We can not directly or indirectly be liable for, and/or have any obligations with respect to or in any other way guarantee the performance or payment of any transaction concluded by the User using blockchain and/or third parties services/technology (in part of the functionality, proper performance, reliability, etc. of such blockchain/services/technology), and We are not liable to the User or any other third party for such transactions performed. We do not provide financial, tax, legal, investment, or other advice. Any information on prices, quotes, forecasts, profitability estimates, or historical indicators is intended for informational purposes only and does not guarantee future results, and is not an offer to buy or sell, or a recommendation to buy or sell any digital asset (cryptocurrency) or to perform any transaction. The Service Provider is not and cannot be considered the User’s financial consultant or fiduciary trustee. Before deciding to buy, sell or hold any digital assets, you should conduct your own due diligence and/or consult your financial advisors. The User acknowledges that the software, devices, and equipment he/she uses may not support certain functions of the Services. The disclaimer of implied warranties contained herein may not apply if and to the extent, it is prohibited by the applicable law. Nothing in these Terms shall and can be construed as excluding or limiting the liability of any of the parties for: fraud or intentional misrepresentation; other actions, the liability for which cannot be excluded or limited by virtue of the law.
Termination
The Service Provider is entitled at its sole discretion to refuse the User’s access to the Services (all or part), set limits, freeze funds, suspend and/or permanently terminate them in case of a breach or in case of any suspicion of a breach of these Terms, or any applicable laws and regulations. The Service Provider has the right to do any of the above actions if, in its sole opinion, any of the following circumstances occur or the Service Provider considers such circumstance to be likely to occur: complete or partial failure of the Services, including failure of any of the technologies constituting the Services or any communication channels within the Services or between the Services and any other person or counterparty or any other circumstance, when the Service Provider considers that it is not able to provide access to the Services; a breach in the security of the Services; in order to comply with the law (including, but not limited to, a ban or restriction of any cryptocurrency); detection of unusual and/or suspicious activity of the User; in connection with the procedural actions of governmental authorities in relation to the specific User, criminal investigation, or any legal process; by a court decision or decision of a governmental authority; if the User’s funds have become the subject of judicial and administrative proceedings; in connection with market conditions or conditions in relation to a particular cryptocurrency or pair of such cryptocurrencies, which justifies this as a necessary measure in the opinion of the Service Provider; breaking by the User the applicable Anti-Money Laundering, Countering Financing of Terrorism laws and regulations; defining the User as a Sanctioned Person or a citizen/resident of a Sanctioned Jurisdiction. Any action taken in accordance with this Section will continue for a term determined at the discretion of the Service Provider. Taking any action in accordance with this section is a right and not an obligation. If the Service Provider fails to enforce, or delays in enforcing, an obligation of the User, or fails to exercise, or delays in exercising, a right under these Terms, that failure or delay will not affect its right to enforce that obligation or constitute a waiver of that right.
Amendments and Modifications
We reserve the right to amend, modify, change, or revise these Terms at any time, in our sole and absolute discretion, and without prior notice. Any such changes in respect of your use of the Services will take effect immediately, but not retroactively. It is the User’s obligation to revise the Terms prior to each use of the Services. If you do not agree to the revised Terms, your sole and exclusive remedy is to promptly terminate your use of the Services. If any term, clause, or provision of these Terms is held unlawful, void, or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any other term, clause, or provision of these Terms.
Applicable Law and Disputes Resolution
These Terms are governed by and construed in accordance with the laws of England and Wales. Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be settled through negotiations. If the parties fail to reach an agreement through negotiation any dispute arising out of or in connection with these Terms shall be considered and finally resolved by The London Court of International Arbitration (LCIA). And unless the parties agree otherwise in writing: The place of arbitration shall be London, United Kingdom; The language to be used in the arbitral proceedings shall be: English; The number of arbitrators shall be one. Any dispute arising out of or related to these Terms is personal to you and the Service Provider and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of a group of individuals. Further, a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration or on behalf of any other individual or group of individuals. The parties agree that information on the arbitration, including, but not limited to, information on the content of any arbitral award, is confidential and shall not be disclosed to third parties without the written consent of the parties, unless otherwise stipulated by the law.
Indemnification for Third-Party Claims
The User agrees to fully indemnify the Service Provider against, and hold harmless from, any and all claims, liabilities, losses, damages, costs, expenses, interest, awards, judgments, legal actions, and penalties (including reasonable fees for outside counsel, lawyers, accountants, and other outside consultants) suffered or incurred as a result of a third party claim against the Service Provider if such claim is caused by the User’s use of the Services or the User’s violation of any law or rights of any third party. Neither the Service Provider, nor the User will be responsible for the delays in the performance of obligations under these Terms if such breach is caused by armed conflicts, riots, strikes, natural disasters, man-made disasters, and other force majeure.
Communication
Except as expressly set out in these Terms, any demand, notice, or other communication to be given to the Service Provider shall be given in writing by mail to the address legal@clwhitedao.com