If you are not, you and your guardian shall undertake all consequences resulting from your actions and the Company shall have the right to cancel or freeze your account in addition to filing claims against you and your guardian for compensation.
Prohibition of Use
By accessing and using the Company and any of its services, you acknowledge and declare that you are not on any trade or economic sanctions lists, such as the United Nations Security Council Sanctions List and its equivalent. The Company maintains the right to select its markets and jurisdictions to operate and may restrict or deny its services to certain countries (the “List of Restricted Jurisdictions”).
The Company maintains its stance that prohibited users are not to use or access the Company’s platform and any of its services.
Description of Services
While the Company emphasizes platform security to ensure the continuity and security of its services (announcements will be made in event of downtime/maintenance), it will be non-accountable to Act of God, malicious targeted hacking, terrorist attacks and other unforeseen circumstances. The Company reserves the right to cancel, rollback or block transactions of all type on its platform in event of abnormal transactions. The Company will not ask for any password from its users nor ask users to transfer funds that are not listed on its trading platform. Users are encouraged to exercise prudence in dealing with discounts or promotions that could lead to them getting scammed. While the list is non-exhaustive, you agree that the Company will not be held responsible for any losses arising from the situations stated above.
By using the Company and any of its services, you declare that all information you have provided to the Company in connection with these Terms are true, accurate and complete.
Account Registration & Requirements
To register a trader account you must to go to our website https://www.binance.je and click on Register. We will ask you to provide an email address and set up a personal password.
User Identity Verification
With registration of an account on the Company’s website, you agree to provide personally identifiable information requested for the purposes of identity verification. This information is processed, held and shared in accordance with our Privacy Notice.
Where you provide information on behalf of a third party, you warrant and represent that you have obtained all necessary consents from each individual for the disclosure of their personal data to the Company and that you have provided a copy of our Privacy Notice to them.
In providing information, you confirm that it is accurate and authentic. Post-registration, you must guarantee that the information is truthful, complete and update in a timely manner with any changes. If there is any reasonable doubt that any information provided by you is wrong, untruthful, outdated or incomplete, the Company shall have the right to send you a notice to demand corrections, remove relevant information directly and, as the case may be, terminate all or part of the services rendered to you. You shall be solely and fully responsible for any loss or expenses incurred during the use of the Company services if you cannot be reached through the contact information provided. You hereby acknowledge and agree that you have the obligation to keep all information provided up to date if there are any changes.
Account Usage Requirements
The accounts registered with the Company can only be used by the person whose name they are registered under. The Company reserves the right to suspend, freeze or cancel accounts that are used by persons other than the persons whose names they are registered under. Accordingly, the Company will not take legal responsibility for these accounts.
The Company prioritizes maintaining the safety of those user funds entrusted to us and has implemented industry standard protections for our platform. With that said, there are account-level risks that are created by individual user actions. We request that you understand the need to independently take safety precautions to protect your own account and personal information.
You hereby agree that:
a) you will notify the Company immediately if you are aware of any unauthorized use of your account and password by any person or any other violations to the security rules;
b) you will strictly observe the security, authentication, dealing, charging, withdrawal mechanism or procedures of the website/service; and
c) you will log out from the website by taking proper steps at the end of every visit.
d) The Company will not be responsible for any loss or consequences caused by your failure to comply with the above Account Security provision.
Customer Support, Questions and Dispute Resolutions
For any feedback, questions, or complaints, contact us at: https://support.binance.je/hc/en-us/requests/new.
Any offer of resolution made to you will only become binding on us if accepted by you. An offer of resolution will not constitute any admission by us of any wrongdoing or liability regarding the subject matter of the complaint.
The Company reserves the right to resolve disputes at its own time and disclosure. Such disputes may refer to infringement of others’ rights, violation of laws and regulations, abnormal trades and others not explicitly mentioned in the Terms. You agree to bear the costs arising from the process of any dispute resolutions.
Guidelines for Using the Company’s Services
You hereby agree to observe the following covenants during your use of services provided by the Company:
· All the activities that you carry out during the use of the Company’s service will be in compliance with the requirements of applicable laws, regulations, as well as the various guidelines of the Company;
· will not be in violation of public interests, public ethics or other’s legitimate interests;
· using a device, software or subroutine to interfere with the site;
· overloading network equipment with unreasonable data loading requests;
· executing malicious sales or purchases on the market.
By accessing the Company service, you agree that the Company shall have the right to unilaterally determine whether you have violated any of the above covenants and take actions to apply relevant rules without receiving your consent or giving prior notice to you. Examples of such actions include, but are not limited to
· block and close order requests;
· freezing your account;
· reporting the incident to authorities;
· publishing the alleged violations and actions that have been taken; and
· deleting any information you published that is in violation.
If your alleged violation causes any losses to a third party, you shall solely undertake all the legal liabilities in your own name and hold the Company harmless from any loss, fine or extra expenses. If, due to any alleged violation the Company incurs any losses, is claimed by any third party for compensation or suffers any punishment imposed by any administrative authorities, you shall indemnify the Company against any losses and expense caused thereby, including reasonable attorney’s fee.
The Company reserves the rights to levy service fees on users who use its services. It is in the discretion of the Company to adjust the service fees charged to users using its services. You may find a link to the Company’s fees published on our website.
Limitation of Liability
You acknowledge and agree that the Company shall not be liable for any of your losses caused by any of the following events, including but not limited to:
· Losses of profits, goodwill, usage or data or any other intangible losses;
· Use or failure to use the Company’s service;
· Unauthorized use of your account or unauthorized alteration of your data by third parties;
· Your misunderstanding of the Company service; and
· Any other losses related to the Company service which are not directly attributable to the Company.
The Company and its affiliates shall not be liable for damages of whatever kind or nature, including indirect, moral consequential, special or exemplary damages, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, including, without limitation, damages to the user’s hardware, device, device’s software or data; losses or damages arising out of or relating to any inaccuracy, defect or omission of crypto assets price data; system errors; deletion or loss of files; errors or delays in transmission of instructions, data or other information; any interruption in any such data; any failure of either the Company’s server or the internet; inaccessibility and/or failure to access the site or online trading platform; or any damages sustained to your computer equipment, damages for loss of income or earnings that the user may suffer arising out of or relating to the use, inability to use or non-use of the services and any loss suffered or incurred by the user or any event beyond the Company’s reasonable control.
The Company will provide its service at an “as is” and “commercially available” condition and does not offer any form of warranty with regards to the service’s reliability, stability, accuracy and completeness of the technology involved. The Company serves merely as a venue of transactions where coin-related information can be acquired, and coin-related transactions can be conducted. The Company cannot control the quality, security or legality of the coin involved in any transaction, truthfulness of the transaction information, or capacity of the parties to any transaction to perform their obligations under the rules. You must carefully consider the associated investment risks, legal status and validity of the transaction information and investment decisions prior to your use of the Company services provided.
In no event shall the Company be liable for any failure or delay of service resulting from regular network maintenance or external factors such as power failure, natural disaster, service provider-side problems or governmental acts.
You acknowledge and warrant that you are entering into an agreement with the Company with the intention of using its services at your own risk. You confirm that you are aware that the risk of loss in trading or holding crypto assets can be substantial. The price volatility of crypto assets is outside the Company’s control. Any profit or loss arising as a result of a fluctuation in the value of the respective crypto asset will be entirely for your account and risk. The Company shall not be responsible for any losses incurred by you as a consequence of your own trading decisions in respect of crypto assets.
Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on our website where we urge all users to refer to regularly. The Company will not be held liable or responsible in any manner of compensation should users incur personal losses arising from ignorance or negligence of the announcements.
· The account is subject to a governmental proceeding, criminal investigation or other pending litigation;
· We detect unusual activity in the account;
· We detect unauthorized access to the account; and
· We are required to do so by a court order or command by a regulatory/government authority.
· after the Company terminates services to you;
· the main content of user’s information that you have provided is untruthful, inaccurate, outdated or incomplete;
· any other circumstances where the Company deems it should terminate the services.
Should the account be terminated, the account & transactional information required for meeting data retention standards will be securely stored in accordance with our Privacy Notice. In addition, if a transaction is unfinished during the account termination process, the Company shall have the right to notify your counterparty of the situation at that time.
Remaining Funds After Account Termination (Normal)
Once the account is closed/withdrawn, the remaining balance on the account shall be used to pay any charges and liabilities owed to the Company. Upon payment of all outstanding charges to the Company (if any), the user will have 5 working days to withdraw all funds from the account.
Remaining Funds After Account Termination (Fraud/AML/CFT/ Violation of Terms)
Compliance with Local Laws
It is your responsibility to review and understand the legal and regulatory frameworks applicable to you and your usage of the Company’s service in your local jurisdiction and you represent and warrant that your usage of the Company's service is permissible under such legal and regulatory regimes. In particular, you declare that:
· you have considered and shall abide by all aspects of any scheme of taxation applicable to you and your use of the Company's service, including any duty in respect of withholding, collection, reporting and remittance to appropriate tax authorities; and
· you acknowledge that the legal and regulatory treatment of the products commonly known as cryptographic tokens, digital tokens or cryptographic currencies is not settled, can differ between jurisdictions, and may alter frequently, and it is your responsibility to continually review, amongst other things, the categorisation of such products (which may include 'securities' or other regulated financial instruments) and the permissibility of dealing in or with such products under the legal and regulatory frameworks applicable to you and your usage of the Company’s service in your local jurisdiction.
All users of the Company and any of its services acknowledge and declare that the source of their funds is legitimate economic activity and their funds are not derived from illegal activities. The Company reserves the right to request a proof of source of wealth or source of funds from any of its registered users, both personal and institutional. The Company maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate the account and funds of users which are flagged out or investigated by legal mandate.
Governing Law and Jurisdiction