Terms and conditions
Version 48. Dernière modification le 10/05/2019.
It is the responsibility of each client to read and understand this legal notice and the terms and conditions pursuant to which an acquisition of financial contracts via this site is governed.
Selon la juridiction à laquelle un compte client est attaché, en accord avec les procédures d’ouverture de compte du site internet et comme il est indiqué dans la section A propos de nous du site et le type de produits offerts, le terme « société » désigne, Binary (SVG) Ltd, Binary (Europe) Ltd, Binary Investments (Europe) Ltd, ou Binary (IOM) Ltd.
These terms and conditions may be supplemented from time to time by supplementary terms and conditions applicable to a particular Company or products.
The financial trading services contained within this site are only suitable for clients who are able to bear the loss of all the money they invest and who understand and have experience of the risks involved in the acquisition of financial contracts.
Les devises internationales, ou les cours des matières premières sont sujets à une forte volatilité et leurs mouvements sont très difficiles à prédire. En raison de cette volatilité, à laquelle s'ajoute l'incidence du système de tarification utilisé par le site Web (comme indiqué plus spécifiquement ci-dessous), aucun contrat financier acheté par le biais de notre système (que le montant de paiement excède ou non le montant initial engagé) ne peut être considéré comme un contrat sûr.
The maximum loss that may be incurred by any client is the amount of money paid by the client to the Company.
The Company reserves the right in its sole discretion to refuse and/or cancel services and charge deposit and/or withdrawal fees to anyone for any reasons including, but not limited to the following:
- Any instance where the Company believes that that person's activities at this site may be illegal in that person's country or state
- Toute situation où la Société pourrait être contactée par des autorités judiciaires ou par des organismes de réglementation officiant dans le pays ou l'État dans lequel réside la personne concernée
- Toute situation dans laquelle la Société pourrait subir un préjudice financier, fiscal, ou réglementaire en raison des activités de cette personne sur ce site Web
- Toute restriction imposée par la Société à ses clients concernant l'acquisition de certains types contrat durant certains horaires
These terms and conditions are provided in several different languages for clients' convenience; however, these translations do reflect the same principles. The Company attempts, as much as possible, to provide a faithful translation in English of the official language of several countries. In the event of any differences between the English version of the website and any other language, the English version shall prevail.
The client may communicate with us through this website or by means of e-mail, phone or, exceptionally, by post. Details can be found in the Contact us page. Tous les appels sont enregistrés à des fins de formation et de surveillance.
Generally the Company will communicate with the client through this website or by email to the email address given by the client upon account opening. The Company will communicate with the client in English or, if another preferred language is selected at account opening, in that language.
In cases where the client uses excessive anti-spam filtering which requires the Company to pay a fee in order to send a reply or a notification to the client, the Company will try to find an alternative way to communicate with the client but will not pay the requested fees to do so.
D. Droits applicables et juridiction
Laws regarding financial contracts vary throughout the world, and it is the responsibility of clients accessing this site to ensure that they understand and fully comply with any laws or regulations relevant to themselves in their own country. This site does not constitute, and may not be used for the purposes of, an offer or solicitation to anyone in any jurisdiction in which such offer or solicitation is not authorised or to any person to whom it is unlawful to make such offer or solicitation. Access to this site and the offering of financial contracts via this site in certain jurisdictions may be restricted and, accordingly, clients accessing this site are required to inform themselves about, and to observe, such restrictions.
The transactions performed on this site and the relationship between clients and the Company are to be governed by, and construed in accordance with, the laws of the country of incorporation of the Company (the "Jurisdiction"). The client agrees that the Jurisdiction's courts will have sole jurisdiction to settle any disputes that may arise in relation thereto. For such purposes, the client irrevocably submits to the jurisdiction of the courts of the Jurisdiction in relation to any such dispute and agrees that any claim the client might have against the Company shall only be brought before the courts of the Jurisdiction. For further information on complaints and disputes, kindly refer to the Company's Complaints and disputes section.
Pour Binary Investments (Europe) Ltd et Binary (Europe) Ltd, la juridiction applicable est Malte.
Pour Binary (IOM) Ltd, la juridiction applicable est l'Ile de Man.
For Binary (SVG) Ltd, the applicable Jurisdiction shall be St. Vincent and the Grenadines.
The Company does not provide a market amongst or between clients for investments, securities, derivatives, or speculations. Each financial contract purchased by a client via this site is an individual agreement between that client and the Company and is not a security, nor is it transferable, negotiable, or assignable to, or with, any third party.
L'acquisition des contrats financiers par le biais de ce site Web doit être effectuée conformément aux conditions générales telles qu'elles sont énoncées sur les pages de ce site. L'acquisition d'un contrat financier est effective lorsque le contrat a été paramétré, la prime (ou le paiement, selon le cas) a été calculée, et le paiement a été vérifié.
F. Responsabilité du client
Clients agree to be fully and personally liable for the due settlement of every transaction entered into under their account with the Company. This includes any transactions entered into by members of the client's family or entourage who have gained access to the account. Clients are responsible for ensuring that they alone control access to the account, and that no minors are granted access to trading on the website. In any case, clients remain fully liable for any and all positions traded on their account and for any credit card transactions entered into the site for their account. Each client also indemnifies the Company against all costs and losses of any kind whatsoever, as may be incurred by the Company as a result, direct or indirect, of the client's failure to perform or settle such a transaction.
In regard to customers of Binary (IOM) Ltd, online gambling debts are enforceable by law in the Isle of Man.
G. Fonds du client
Money collected from clients are not invested in any securities, futures, currencies, derivatives or other investments, on behalf of clients.
The Company is required by its licence to inform clients about what happens to the funds that the Company holds on account for clients, and the extent to which funds are protected in the event of insolvency. To learn more, please refer here.
The Company holds customer funds in bank accounts separate from the operational accounts. Binary (IOM) Ltd & Binary (Europe) Ltd have arrangements in place so that in the event of insolvency they are able to meet their obligations to clients. These arrangements are in the form of a loan agreement between each respective company and the parent company, Binary Limited, this loan will always at minimum cover the client liabilities. This meets the Gambling Commission's requirements for the segregation of customer funds at the level of medium protection.
The Company has various deposit methods available, each with their own timing for deposits, some of which might not be available for withdrawals. Full details of available methods for deposits and withdrawals, including settlement times, can be seen here.
A client should not use the client's account as a banking facility, and deposits should only be made with a view to using funds to place contracts. The Company is not a financial institution, and the client will not receive interest on deposits. Should a client make repeated deposits and withdrawals without placing commensurate contracts, the Company reserves the right to pass on to the client's account, without prior notice, any bank charges the Company has incurred before closing the account.
Internal currency transfers between accounts are allowed up to a maximum of USD 2,500.00 or equivalent. Transfers are allowed between any available currency pair but cannot be done between the Binary and MT5 accounts.
H. Prohibited trades
The Company reserves the right to refuse to do business with, to discontinue to do business with, and to reverse the transactions of, clients who engage in any trading activity
- That contravenes any laws, regulations, instruments, ordinances, or rules that govern the operation of any exchange, financial market, or financial regulatory environment
- Disposant de connaissances d'initiés relatives à tout marché ou instrument financier
The Company has the discretion to seek information from clients to verify compliance with these terms.
The following are conditions of using the website:
- Tout(e) client(e) employé(e) dans le secteur bancaire et/ou financier ne doit effectuer des transactions sur le site Web qu'au su de son employeur et conformément aux politiques de l'employeur.
- Les clients acceptent de satisfaire les demandes raisonnables formulées par la Société dans une optique de vérification de la conformité à cette condition.
The Company may withhold payment of funds accumulated in a client's account while it takes steps to verify compliance with these terms.
Si la Société (à sa seule discrétion) estime qu'un client ne respecte pas ces conditions, ou si un client ne satisfait pas une demande raisonnable d'informations formulée par la Société, la Société peut supprimer le compte dudit client et conserver l'ensemble des fonds qui s'y trouvent.
I. Fraud and money laundering
No person shall abuse this site for the purpose of money laundering. The Company employs best-practice anti-money laundering procedures. All transactions are checked to prevent money laundering, which may have several effects on clients. The Company reserves the right to refuse to do business with, to discontinue to do business with, and to reverse the transactions of clients who do not accept or adhere to these anti-money laundering processes. Acceptable funds should not originate from criminal activity. The Company is bound to report suspicious transactions to relevant authorities.
The anti-money laundering processes have the following effects on clients:
- Les clients doivent s'inscrire personellement.
- Clients must fill into the account opening form all requested details that establish their identity. Clients must give a valid identification, address, contact email address, and personal telephone number.
- The Company may, at its sole discretion or as required by regulations in place conduct appropriate "Know Your Customer" (KYC) procedures and require a client to provide proof of identity and suspend an account until satisfactory evidence of identity and address, source of funds, and/or source of wealth have been provided.
- In order for a UK resident to make use of the virtual account, the client will first have to be age-verified. The client will also need to be fully verified before making use of the real money account. Verification can be done electronically or through submission of KYC documents.
- Requested KYC documentation could include
- Proof of identity – such as ID card, passport or driving licence
- Proof of address – such as bank statements/ building society statement or utility bills (mobile phone bills are unacceptable)
- Proof of wealth / Source of funds – such as payslips or bank statements
- If such documents expire, the Company reserves the right to request updated documentation.
- The Company also reserves the right to request documentation pertaining to any other legal obligation.
- Clients agree that the Company may use personal information provided by them in order to conduct appropriate anti-fraud checks. The personal information that clients provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
- Withdrawals may only be paid to the initiator of an account. When a client maintains an account by means of telegraphic deposits, withdrawals are only paid to the holder of the originating bank account, and it is the onus of the client to ensure that account number and name accompany all transfers to the Company. When a client maintains an account by means of credit/debit card deposits, withdrawals are only paid back to the same card.
- Clients shall not hold or pool third-party funds into their own account held with the Company.
- It is prohibited to sell, transfer, and/or acquire accounts to/from other clients. Transfer of funds among other clients is also prohibited.
- Un seul compte par personne est autorisé. Aucun retrait et/ou remboursement ne peut être collecté à partir de comptes ouverts sous de faux noms ou sur des comptes multiples ouverts par la même personne.
- The Company has the right and obligation not to accept the information provided by clients if the Company knows or has a reason to believe that it is incorrect, inaccurate, or incomplete. In such cases, the Company may ask clients to clarify or correct the details provided.
J. Droits de la Compagnie
The Company reserves the right to suspend the operation of this site or sections thereof in the following cases:
- When, as a result of political, economic, military, or monetary events (including unusual market volatility or illiquidity) or any circumstances outside the control, responsibility, and power of the Company, the continued operation of this site is not reasonably practicable without materially and adversely affecting and prejudicing the interests of clients or the Company, or if, in the opinion of the Company, a price cannot be calculated for financial contracts
- Lorsqu'il y a une rupture des moyens de communication habituellement utilisés pour déterminer le prix ou la valeur de n'importe quel contrat financier, ou lorsque le prix ou la valeur de n'importe quel contrat financier ne peut pas être établi rapidement ou correctement
- En cas d'erreur relative aux prix actuels, aux cotes publiées, ou au logiciel de trading
The Company has and retains the right to terminate any event or trade including, but not limited to, the occurrence of any of the above events.
In all circumstances, the Company reserves the right to make changes to these terms and conditions. If the Company elects to make any material changes to these terms and conditions, clients will be notified in advance and shall either accept or decline to agree. Declining to agree shall result in a material breach of this agreement and the client's account may be frozen, suspended, or cancelled. However, the client shall be allowed to withdraw any pending balance on account subject to KYC verification.
Dans ce cas, la Société peut à sa seule discrétion (avec ou sans préavis) fermer les contrats financiers ouverts du client aux prix qu'elle estime juste et raisonnable.
Further, the Company, under the above circumstances, or any other, reserves the right to adjust a client's account should any trade result in disruption or in a miscarried or aborted trade.
Même si la Compagnie se réserve et conserve tous les droits relatifs au refus ou à la clôture du compte d'un client, la Compagnie garantit que toutes les obligations contractuelles déjà contractées seront honorées.
The Company reserves the right to cancel/reverse transactions or amend the contractual terms (including, but not limited to, entry and exit spot) in the case that any contracts are acquired or sold at prices that do not reflect fair market prices or that are acquired or sold at an abnormally low level of risk due to an undetected programming error, bug, or glitch in the Company website software, market data feed or contract pricing latency, data feed error, stray quotes, incorrect pricing parameters, manifest mis-calculation of prices, or other obvious errors ("Manifest Errors"). Clients have a duty to report to the Company any such problems, errors, or suspected system inadequacies that they may experience and may not abuse, or arbitrage based on, such system problems or errors for profit. The Company will endeavour to resolve any such difficulties in the shortest time possible. Any amendments to the contractual terms (including, but not limited to, entry and exit spot) of Manifestly Erroneous contracts shall be reasonable and fair. Monies exchanged between the client and the Company in connection with Manifestly Erroneous contracts shall be returned to the recipient according to the amendments made to the contractual terms (including, but not limited to, entry and exit spot).
Les personnes disposant de connaissances d'initiés relatives à tout marché ou instrument financier ne sont pas autorisées à effectuer des opérations de trading sur ce site Web.
Any information given on these pages, and/or emails or newsletters sent by the Company related thereto, is not intended as financial or investment advice and the Company will not accept any liability in this respect.
The right is also reserved to amend or change the rules and scope of this service from time to time. Any change to the rules made whilst the site is in operation will not apply retrospectively and will only apply to acquisitions of financial contracts made after such a change. It is the Company's responsibility to notify clients before any changes to its terms come into effect.
K. Comptes dormants et inactifs
The company reserves the right to charge a dormant fee of up to USD/EUR/AUD/GBP 25 or equivalent of USD25 in any other currency as calculated in accordance with the current exchange rate published by www.xe.com, or any other recognised data provider, as on the date of charging of the fee, every 6 months for every client account that has had no transaction recorded for over 12 months.
The company reserves the right to charge a dormant fee of up to USD/EUR/GBP 25 every six months for every client's account that has had no transaction recorded for over 12 months. Clients will be notified before the fee is deducted from the account. Clients need to contact our helpdesk to recover funds from inactive, closed, blocked, or excluded accounts.
Save in case of negligence, fraud, or default by the Company, the Company will not be liable in any way to any clients in the event of force majeure, or for the act of any government or legal authority, or for the failure of or damage or destruction to its computer systems, data, or records, or any part thereof, or for delays, losses, errors, or omissions resulting from the failure or mismanagement of any telecommunications, computer equipment, or software by the client or any damages or losses deemed or alleged to have resulted from, or been caused by, this site or its content.
M. Marketing and promotion
The Company may from time to time inform clients about changes on the website, new services, and promotions. If, however, the client wishes to opt out of such a service and does not wish to receive any direct marketing data, the client can either unsubscribe from the service directly or email the Company's customer support team. If the client decides to opt in again into receiving promotional material, the client can also do so by contacting the customer support team.
N. Ouverture de compte
Un client ne peut ouvrir un compte sur ce site qu'aux conditions suivantes :
- The client has read this legal Terms and conditions page in full and understood that the client will be buying and selling contracts subject to these terms and conditions.
- The client has read the Company's privacy statement and is aware how the Company processes information.
- The client is over 18 years of age, unless the client is an Estonian resident whereby the client would have to be over 21.
- The client is not resident in a restricted country such as Canada, Hong Kong, Israel, Jersey, Malaysia, Malta, Paraguay, the United Arab Emirates, the USA, or any other restricted country that has been identified by the FATF as having strategic deficiencies.
- The client has sufficient experience and knowledge in matters of financial trading to be capable of evaluating the merits and risks of acquiring financial contracts via this site and has done so without relying on any information contained on this site.
O. Fermeture du compte
The client may choose to contact the Company to close the client's account held with the Company. The client's account may be closed if the client does not have any open trade positions and if the client has complied with the requested "Know Your Client" procedures to enable the client to withdraw any pending funds in the client's account.
Due to the responsibilities under responsible gaming, Binary.com reserves the right to assess and safeguard the client's account by excluding the client definitely or indefinitely, based on the company's client assessment.