Terms and conditions
Version 48. Last modified 2019-05-10.
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.
根据网站的开户程式对客户账户所附的管辖权和“关于我们”部分的详细说明以及提供的产品类型, “公司”一词应表示, Binary (SVG) Ltd, Binary (Europe) Ltd, Binary Investments (Europe) Ltd, 或 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.
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:
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. 为了利于培训和监控，所有通话将被录音。
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.
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.
Binary Investments (Europe) Ltd 和 Binary (Europe) Ltd适用的管辖权应为马耳他。
Binary (IOM) Ltd适用的管辖权应为马恩岛。
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.
根据马恩岛法律的强制规定，Binary (IOM) Ltd的客户必须偿还在线博彩的债务。
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, and arrangements have been made to ensure assets in the customer accounts are distributed to customers in the event of insolvency. 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.
Internal currency transfers between accounts are allowed up to a maximum of USD 2,000 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
- With insider knowledge of any financial market or instrument
The Company has the discretion to seek information from clients to verify compliance with these terms.
The following are conditions of using the website:
The Company may withhold payment of funds accumulated in a client's account while it takes steps to verify compliance with these terms.
If the Company (in its sole discretion) is not satisfied that a client is complying with these terms, or if a client does not comply with a reasonable request for information made by the Company, the Company may cancel the client's account and withhold any funds accumulated therein.
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:
- 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.
- It is prohibited to sell, transfer, and/or acquire accounts to/from other clients. Transfer of funds among other clients is also prohibited.
- 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 (such as notarised copy of passport or other means of identity verification as the Company deems required under the circumstances) and suspend an account until satisfactory identification information, evidence of identity and address, source of funds, and/or source of wealth have been provided.
- If a client opens an account with Binary (Europe) Ltd or Binary (IOM) Ltd, the client will need to provide the Company with age verification documentation when the client performs a deposit for the first time. The client will also be required to provide KYC documentation to verify the client's identity for cumulative deposits and/or withdrawals of EUR 2,000.00. If the client opens an account with Binary Investments (Europe) Ltd, the client will need to provide KYC documentation as part of the client's account opening process.
- The Company records and monitors telephone conversations and/or electronic communications involving transactions concluded when dealing on own account and the provision of client order services that relate to the reception and execution of client orders. Recordings may also be used for quality and anti-fraud purposes.
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 case, the Company may ask clients to clarify or correct the details provided.
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
- When there is a breakdown in the means of communication normally employed in determining the price or value of any of the financial contracts or where the price or value of any of the financial contracts cannot be promptly or accurately ascertained
- In any event of an error in current prices, published odds, or trading software
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.
In such an event, the Company may at its sole discretion (with or without notice) close out the client's open financial contracts at prices it considers fair and reasonable.
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.
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 our 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).
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.
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.
- The client has read this legal Terms and conditions page in full and understood that the client will be buying and selling financial 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.
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.