These Terms and Conditions (hereinafter also referred to as ‘Terms and Conditions’, ‘the T&C’ or ‘T&C’) are
applicable for your Use of the Website – wwwbinarycom.com (hereinafter referred to as “Website” or “the Website”)
and/or its internal links and/or Trading Platforms, accessible within the Website from any device and any
operating system or platform. The Website is developed and maintained by BinaryCom, (hereinafter referred to as “Us” or
“We” or “Company” or “Our(s)” or “Ourselves”), which expression shall, unless it be repugnant to the
context or meaning thereof, be deemed to mean and include its successors and permitted assigns.
Prediction and Volatility Betting for BinaryCom are for investments, on-line gaming and entertainment. Some
products are not available in all countries.
All external links which might be accessible from the Website or other BinaryCom Platforms may or will have their
own terms and conditions, usage and privacy policies and We and Our affiliates and partners do not control
them and bear no responsibility for any consequence arising from their usage. Any Trademarks or Registered
Trademarks used in this document belong to the respective owners and no claims are made over the same.
Definitions
Unless mentioned otherwise, the following terms will have the meaning ascribed to them below:
Affiliate(s) and Partner(s), means any Company or Person or Organisation who is related to Us as a business
partner/ agent/ contractor/ employee/ distributor/ supplier and assists Us in any manner in providing the services
through the Website. Affiliates and Partners are related to Us only till the extent of their duties performed under
their contract with Us.
Ether or ETH refers to the cryptocurrency Ether which functions on the Ethereum blockchain.
KYC means Know Your Client
AML means Anti- Money Laundering
Privacy Policy means the document located on www.wwwbinarycom.com which together with the Terms and Conditions govern the collection, storage and sharing of data in the BinaryCom Platforms.
Restricted Countries means USA, Costa Rica, BVI, Caymans, Iran, Venzeula, United Kingdom, Syria,
Somalia,North Korea,Yemen.
Restricted Country means any of the Restricted Countries.
“Hedging Disruption Event” means any event determined by the Company where the Company and/or any of
its Affiliates is unable, after using commercially reasonable efforts, to (a) acquire, establish, re-establish, substitute, maintain, unwind or dispose of any transaction(s) or asset(s) it deems necessary to hedge the price
risk of issuing and performing its obligations with respect to the
relevant assets, or (b) freely realise, recover, receive, repatriate, remit or transfer the proceeds of any such
transaction(s) or asset(s).
Market Disruption Event A “Market Disruption Event” means any of the following events as determined by the
Company in its sole discretion:
(a) A regulatory restriction imposed by any regulator or government authority on the Company or on
Users
(b) A sudden change in laws or regulation in any country which affects trade in the Trading Platforms
(c) Transmission of false information or values on any of the BinaryCom Platforms
(d) Purchases or execution of contracts based on false information in media or any of the BinaryCom Platforms
(e) Sudden decrease or increase in value of the commodities, currencies or any products traded in the
Trading Platforms
(f) Any major natural or man made disaster which affects trade in the Trading Platforms
(g) Any cyberattack or network failure which affects any of the BinaryCom Platforms
(h) Any other serious incident which affects trade on the BinaryCom Platforms and is determined to be
determined as a Market Disrupting Event by the Company.
BinaryCom Account means the account opened by the User on the Website for accessing the Website and/or its
internal links and/or Trading Platforms.
On-site Wallet means the BinaryCom account opened by the User on the Website for accessing the Website
and/or its internal links and/or Trading Platforms via making a deposit to an ETH address handled by a smartcontract
on the platform. This is also referred to as a Regular account inside the Platforms.
Off-site Wallet means the account opened by the User on the Website for accessing the Website and/or its
internal links and/or Trading Platforms with the intention of trading directly from their own private wallet and
without making any deposit. This is also referred to as a Wallet account inside the Platforms.
BinaryCom Platforms refer to the Website and/or its internal links and the Trading Platforms considered together
Trading Platform(s) mean any software or facility or interface provided within or through the Website which
allows Users to trade or deal in securities, commodities, currencies, derivatives, cryptocurrencies or other assets
in any manner.
Use(s) means any manner of use of the BinaryCom Platforms for (a) accessing or browsing with/ without
registration on the Website (b) conducting trial/or demo trades (c) online financial trading with any Trading
Platform on the Website and concluding contracts on the Trading Platforms (d) holding or purchase or any other
action related with the BinaryCom Utility Token (‘SXUT’) or BinaryCom Dividend Token (‘SXDT’) (e) loading and
withdrawal of funds (f) linkage with external Wallets or any other payment methods (g) use of any other
function on the Website including but not limited to evaluation, trial, testing, use as a customer for participation
in legally permitted contests, transfer of data, receipt of advertising, data collection, data submission, data
evaluation, data transmission and all other possible activities on the Website and/or its internal links and/or
Trading Platforms.
User(s) means any person or persons who Use any or all of the BinaryCom Platforms in any manner. Also referred
to as ‘You’ or ‘Your’ or ‘his’ or ‘her’ or ‘they’ when the context requires.
Other terms may be defined or designated within the document when the context requires by placing them
within parentheses ‘( )’ immediately after the meaning of the term.
Coverage, Consent and Access
1. This T&C will be binding on all persons (natural or legal) who Use BinaryCom Platforms in any
jurisdiction across the world where it is legally available for access. The User is aware that use of
BinaryCom Platforms including but not limited to the Website means that they can expose themselves to
jurisdiction of multiple countries through which the services of the Website are provided.
2. This T&C and the Privacy Policy should be read and understood by the User as they are binding on
him and are non-negotiable to the maximum extent permissible under law. This T&C should be read
together with the ‘Privacy Policy’ for the Website available on www.wwwbinarycom.com.
3. The BinaryCom Platforms may be prohibited by the local laws of certain countries. Users must ensure that
they are in compliance with all laws applicable to them when they access the Website. The User may
lose access to BinaryCom Platforms and any funds available or stored within it without any recourse for
refund or compensation if (a) it is discovered that the laws of the countries which are applicable to
them prohibit the Use of the BinaryCom Platforms, or (b) if they are a resident or a citizen of a Restricted
Country, or (c) if they access the BinaryCom Platforms from a Restricted Country.
4. We may use Internet Protocol (IP) based block and/or any other available technology to prevent Users
from Restricted Countries. You are in violation of the T&C and may be in violation of laws of multiple
jurisdictions if you attempt to circumvent such a block or access the BinaryCom Platforms from any of the
Restricted Countries.
5. Special provisions for Users based in the some of the and/or Citizens or Residents:
i. Users based in some and/or Citizens or Residents of some are in may be violation of the laws
of the country if they Use the BinaryCom Platforms and you check with local laws before using BinaryCom Platforms. You may not attempt to do so again in the future unless there is an express change in the T&C of the BinaryCom
Platforms.
6. Users who attempt to Use or Use any of the BinaryCom Platforms declare that:
i. they are over the age of 18 (eighteen) years or the age of majority which enables them to
provide valid consent as per the laws applicable to them, whichever is higher
ii. they have a sufficient degree of knowledge and experience in use of online trade in assets
similar to the options provided in the Trading Platforms
iii. they have read and agree with the T&C and Privacy Policy fully and understand the
implications of all the provisions of the given documents
iv. they understand they may lose all the funds that they have loaded on the online fund storage
platform (‘On-site Wallet’) on the Website or any other fund storage platform linked with
BinaryCom Platforms through their Use of the Trading Platforms
v. the value of any funds stored in the form of SXUT or SXDT may vary or be diminished
completely due to day to fluctuations of their value or any other event which affects the tokens
vi. they may be liable for additional payments to Us or other Users or third parties for their trades
or activities on the BinaryCom Platforms
vii. the losses for a User on the Trading Platforms may exceed deposits on the On-site Wallet or
any other fund storage platform linked with BinaryCom Platforms
viii. they have consulted a qualified attorney and/or other professional to clarify any doubts over
the T&C and Privacy Policy and the risks and consequences associated with Use of the
BinaryCom Platforms
7. This T&C and the Privacy Policy may be available in multiple languages but in case of any
discrepancy, only the English version will hold good.
8. Continued Use of any of the BinaryCom Platforms signifies consent with the T&C and the Privacy Policy
in their entirety. If any User disagrees with any of the provisions of the T&C and/or the Privacy Policy,
they should immediately terminate Use of all BinaryCom Platforms.
9. Users may provide consent for opening a BinaryCom Account through any method including by signing a
document or clicking on any required buttons or through email or by use of any other authentication
options provided by the Website or through any other mode that is required under law.
Data Collection, KYC and Anti-Fraud and AML measures
10. Users may be required to provide some or all of the following documents verifying their identity and
other personal information to Use the BinaryCom Platforms or create a BinaryCom Account as a part of Our
KYC, AML and Anti- Fraud measures. The documents which a User may be required to submit on the
Website include the following:
(a) Passport or Domestic Citizenship Identification Document or equivalent
(b) Tax Identification or Registration Number (in certain cases document conveying such registration)
(c) Bank Account Information of the source of the funds being transferred to the On-site Wallet
(d) Proof of Address in the form of Government Issued Documents
(e) Documents conveying the source of funds used on the BinaryCom Platforms
(f) Selfie Verification shall be required of each user.
11. The documents mentioned in Clause 10 above are not exhaustive and We may request certain Users to
submit additional documents based on Our internal assessment.
12. Any BinaryCom Accounts where the User fails to provide all information which is sought or fails to submit
any or all of the documentation sought from the User may be closed without notice.
13. In certain cases We may require Users to notarise or apostille or undertake similar verification process
for the documents submitted by them.
14. In addition to the documents specified in Clause 10 above and in all cases of Use of any of the BinaryCom
Platforms, We and Our Affiliates and Partners may collect the following data from Our Users
(‘Personal User Information’):
(a) Professional qualification and employment history and status
(b) Income and wealth information
(c) Trading history and performance
(d) Ethereum or other cryptocurrency wallet address (but never Your private key)
(e) Device Information including Device Identification Number, IMEI, Machine Address
Code (Mac ID), Serial No., Mobile Number, Network Identification, IP address or any
other identification factor which may enable identification of a Cell Phone or a
Computer.
(f) Location services such as GPS, Wifi location, Mobile Network triangulation or any
other service which enables Us to locate Our Users.
(g) Images, Videos, any other Files provided by Users to enable Us to provide better
services
(h) Information collected through Cookies and similar tracking technology to enable Us to
provide better services through the BinaryCom Platforms.
(i) Crash reporting Usage information which is transmitted by the BinaryCom Platforms
automatically or on request by the User.
(j) Information which explicitly discloses the Identity of the User such as name, age, Date
of birth, telephone or mobile phone number, email, gender, social media information or
any other parameter which is disclosed by the User when they register on the Website
for a BinaryCom Account or submit a support request by any mode including through email
or on the Website.
(k) Payment or bank information in case the User provides Us with the same voluntarily for
fulfilling any special request.
(l) Information and/or access to social media accounts of the User when he chooses to link
the same to the Website or accesses the Website using the social media accounts.
(m) Personal User Information such as pattern of use of the BinaryCom Platforms, fund access
information and information about external wallets
(n) Data generated by a User through Use of the Website
(o) Any other information which is provided by the User by filling any form or similar data
collection method or transmitted by the User voluntarily or when requested by Us.
(p) The information about a User’s trading pattern including but not limited to:
i. assets traded
ii. contract types traded
iii. Win rate on assets and contracts traded
iv. Login activity
v. Average position size
vi. Average win size
vii. Average loss size
viii. Average duration of trades
(q) Any communication in any manner between You and Us including through telephone
(without warning), Website, Email, in person or any other mode of communication
(r) Any other information where We are required by law to collect such information
15. Any BinaryCom Account which has been opened with information which We believe is incorrect may be
closed down and cancelled at any time. If you refuse to provide use with the documents specified in
Clause 10 or refuse to share your Personal User Information or Anonymous Information, we may not
be able to provide you with permission to Use any or all of the BinaryCom Platforms.
16. The Users undertake to ensure and declare that:
(a) No funds used in transactions and/or trading on Trading Platforms is not related to any illegal
activity or are proceeds from any criminal activity in any country across the world
(b) none of the BinaryCom Platforms will be used in any manner for money laundering or in violation of
any laws
17. The Users understand and agree that:
(a) Funds may only be transferred back to the originating Wallet when it belongs to an Off- site
Wallet and to same Wallet when it belongs to an On-site Wallet.
(b) Transfer of funds to any other User through the BinaryCom Platforms directly or indirectly is
prohibited
(c) Transfer, sale, purchase or acquisition by any other manner of a BinaryCom Account from another
BinaryCom User is prohibited.
18. We also collect anonymised information including but not limited to Website visits, duration, time of
access, clicks and other use of BinaryCom Platforms and any transactions made within the Website
(‘Anonymous Information’). This Anonymous Information does not identify any User directly and can
be shared with any advertisers and/or other third parties for advertising or other purposes.
19. Personal User Information or any documentation collected from any User under Clause 10 above may
be shared by Us with any appropriate agencies or parties for verification or as required for identity,
anti-money laundering or any other form of checks.
20. We are obliged to share any documentation collected under Clause 10, Personal User Information or
Anonymous Information on request or orders from any competent Judicial or Administrative
authorities empowered to seek such data as per the laws of the countries where We operate. We are
under no obligation to transfer information about any such requests to Our Users but may attempt to do
so unless prohibited by law.
21. Users are requested to read and understand the Privacy Policy which may cover additional subject
areas of collection and usage of their data. The Privacy Policy and these Terms and Conditions together
govern the Use of the BinaryCom Platforms and both the documents cannot be read in isolation.
Usage of the BinaryCom Platforms
22. Use and access of the BinaryCom Platforms is provided at Our sole discretion and We have the right to
terminate or regulate in any manner the right to Use the BinaryCom Platforms for any User at any time
without prior notice. In exceptional situations and/or on instructions by competent judicial or law
enforcement authorities of any jurisdiction, the regulation of the rights may extend to holds placed on
withdrawal of any funds in the BinaryCom Account and/or On-site Wallet or any other action as deemed fit
by Us.
23. We at Our sole discretion reserve the right to conduct an ‘Appropriateness Test’ on any User to
determine his knowledge, experience and expertise in the field of investment using sophisticated
instruments and financial trading. This test may also be used to know if a particular User understands
the risks involved in a particular product or service or in a given contract. Based on the results of the
Appropriateness Test We may attempt to contact the User to discuss the results of the test and may also
communicate a warning through email or the Website. In exceptional cases, We may also suspend or
restrict access to the BinaryCom Account for the User.
24. We may impose special controls including but not limited to restrictions on Usage of On-site Wallet,
restrictions on features provided to the BinaryCom Account holder, time limits for transactions,
cancellation of the BinaryCom Account, restrictions on withdrawals from On-site Wallet, restrictions on
contracts and transactions which can be conducted on BinaryCom Platforms, higher charges for
transactions on BinaryCom Platforms and additional charges for deposit and withdrawal of funds from any
BinaryCom Platform including On-site Wallet in case of any of the following situations:
(a) Any report or assessment by Us that the User is acting in contravention of laws, regulations or
industry standard practices which govern him or Us
(b) The User possesses insider information or knowledge through any manner for any instrument
traded in BinaryCom
(c) Restrictions are imposed by any regulatory authorities which govern the User or Us
(d) We receive instructions to act in a certain manner or regulate the activities of any User from
judicial or law enforcement authorities of any jurisdiction where We operate
(e) We asses that We may suffer from any regulatory or financial disadvantage by extending services
to the User or by operating in a particular jurisdiction
(f) We do not receive any satisfactory response from You on Our request from you for information
about You and/or your transactions conducted on the BinaryCom Platforms
(g) We receive information and material from any source or from background checks conducted by Us
about your non-compliance with the Terms and Conditions or the Privacy Policy or the laws of any
jurisdiction which govern Us or the User.
25. Any contract that is entered into by any User on any BinaryCom Platform is not modifiable or after
conclusion. The User has the obligation to fulfil the obligation and may be exposed to legal
proceedings in case of failure to complete his obligations as per the terms of the contract.
26. Every financial contract purchased on BinaryCom Platforms is a separate individual agreement between the
User and the Company and is not a security. The financial contracts are non- negotiable and cannot be
assigned or transferred to any third party. The obligations for any financial contracts are only
considered complete when payment of all financial obligations arising from the contract are paid and
settled and the actions are verified.
27. Special provisions for handling User Funds: In additions to the other provisions of the Terms and
Conditions and Privacy Policy, the following special provisions will govern the handling of User Funds
in BinaryCom Platforms:
(a) In case of use On-site Wallet:
i. The On-site Wallet is an Ether (ETH) wallet and when Ether is transferred to Us by a User, it
is held in this On-site Wallet based on an ETH address and controlled by a smart contract.
When a user transacts on the BinaryCom Platforms, the ETH from this address will be used.
ii. The ETH in the On-site Wallet is only used for settlement transactions by the User on BinaryCom
Platforms and the ETH held is not invested in any securities, futures, currencies, derivatives or
other investments on behalf of the User.
iii. The On-site Wallet should only be used for storing the required amount of funds that the User
intends to use for transactions on the BinaryCom Platforms and should not be used as an ETH
wallet for storing ETH for other purposes.
iv. Any funds which have been held on the On-site Wallet for a minimum period of 365 (Three
hundred and sixty five) days without using it for any transactions may be paid out to a
registered charity selected by Us.
v. When a User seeks to transfer funds in the form of ETH to the On-site Wallet, it will have to
be cleared through the Ethereum Blockchain and may be subject to processing times and gas
payments which apply to the User initiating the transaction. Your funds will reflect in the Onsite
wallet after the ETH is received by the smart contract designated to the On-site Wallet.
vi. In case, a User chooses to withdraw funds from the On-site wallet, they will have to make a
request through the Website by logging on to their BinaryCom Account. The funds will be
transferred only to the ETH address which was used to initially load the funds to the On-site
Wallet. The User may be subject to account verification procedures before processing a
withdrawal and transactions may be subject to delays till completion of the procedures. The
User will also have to bear the cost of gas for the withdrawal transaction.
vii. In the event of a Force Majeure Event, a Market Disruption Event or in the event that a
Hedging Disruption Event has occurred or about to occur, then We reserve the right to delay
or not honour altogether any request for withdrawal of funds till the time We are affected or
restricted by the events.
(b) In case of use Off-site Wallet:
i. The Off-site Wallet is a User’s private wallet which possesses the capability to store, transfer
and handle ETH for use in the BinaryCom Platforms. The suitability of an Off-site Wallet used for
transactions on the BinaryCom Platforms is determined solely by the User.
ii. We accept no responsibility in any manner for maintaining the utility of an Off-site Wallet or
any events which may affect an Off-site Wallet.
iii. Only the amount of funds that a User wishes to use in a particular trade or transaction would
be transferred to Us from an Off-site Wallet and the transaction will be considered complete
only when the funds are received. The User will have to bear the gas while initiating a transfer
for a transaction.
iv. In the event of a successful trade, the profits generated will be transferred to the Off- site
Wallet from which the funds were received, but the funds may reflect in the Off- site Wallet
after delay due to network conditions.
28. In cases of the following situations, in addition to the other provisions of the Terms and Conditions and
Privacy Policy, the following special provisions will govern the situation:
(a) When undertaking a trade or transaction on BinaryCom Platforms using an On-site Wallet:
i. You agree and understand that any trade or transaction that you may initiate will be binding
and irrevocable and in most cases cannot be reversed. We shall be under no obligation to
attempt to reverse such trades and will not honour such requests unless required by law.
ii. Any trade or transaction will not be considered as valid until the receipt of a confirmation on
the screen of the User
iii. Any trade or transaction may not be completed or fail even after the receipt of a confirmation
by the User as communications may be intercepted by unauthorised parties or may not reach
their intended destination or may do so much later than intended for reasons beyond Our
control and You may lose all funds or profits involved in such trade or transactions without an
option for recovery.
(b) When undertaking a trade or transaction on BinaryCom Platforms using an Off-site Wallet:
i. You agree and understand that any trade or transaction that you may initiate will be binding
and irrevocable and in most cases cannot be reversed after confirmation by the blockchain.
ii. Any trade or transaction will not be considered as valid until the receipt of a confirmation on
the screen of the User
iii. Any trade or transaction may not be completed or fail even after the receipt of a confirmation
by the User as communications may be intercepted by unauthorised parties or may not reach
their intended destination or may do so much later than intended for reasons beyond Our
control and You may lose all funds or profits involved in such trade or transactions without an
option for recovery.
iv. You may also lose funds during the process of loading of funds from an Off-site wallet for
trade on a BinaryCom Platform and during the process of withdrawal of funds or profits from the
Website and We will not be able to compensate or indemnify you for the same.
29. All trades and transactions are conducted on the BinaryCom Platforms at the sole will, risk and instructions
of the User initiating the transaction as identified by the BinaryCom Account and We are no obligation to
compensate or indemnify any User for any losses or presumed loss of profits due to failure or error in
any trade or transactions.
30. Any prices, values and information shown in any of the BinaryCom Platforms may be subject to constant
change. The values and prices which are used for a particular trade or transaction may change any time
prior to execution and the final price or value if the price shown to you and confirmed by you at the
time of execution.
31. We reserve the right to terminate any event or trade which was conducted when according to Our
opinion there was an error in the trading platform or in the current prices and/or published payouts.
32. The Company may also adjust the BinaryCom Account and/or On-site Wallet of a User if it determines that
there was a disruption, miscarriage or aborted trade before the BinaryCom Account and/or On-site Wallet
of a User was suspended, frozen or terminated.
33. We reserve the right to cancel or reverse any transactions or trades entered with funds from an On-site
Wallet if We determine or learn that any of the contracts have been acquired or sold at a level which is
incorrectly or unfairly represented by the price of the asset at the time of transaction due to any reasons
which may include but are not limited to unknown programming errors, bugs or glitches in any of the
BinaryCom Platforms, incorrect market data
feed, contract pricing latency, stray quotes, incorrect pricing parameters or miscalculation of any
nature.
34. In case a BinaryCom Account and/or On-site Wallet of a User is frozen, terminated or suspended fully or
partially by Us for any reason, We may at Our sole discretion decide to honour any contractual
obligations which We believe were entered into without violation of any laws or the Terms and
Conditions.
35. A User may decide to close their BinaryCom Account by communicating their desire for the same at
contact@wwwbinarycom.com . Prior to closure of a BinaryCom Account and permission to withdraw any remaining
funds from an On-site Wallet, a User must have completed all required KYC and AML formalities
including submission of Personal Information and Documents and also must have completed any open
trades or contracts in the BinaryCom Platforms.
36. Policy on Cancelled, Suspended, Inactive or Dormant Accounts:
(a) A BinaryCom Account which has not been used for any transactions for a consecutive period of 365
(Three hundred and sixty five) days will be considered as an Inactive or Dormant account.
(b) The funds in a dormant or inactive account may be transferred to a registered Charity determined
by Us. Users may still be able to recover some funds of the transfer to a registered Charity has not
been carried out for a certain reason and such BinaryCom Account holders should contact
contact@wwwbinarycom.com immediately.
(c) In case a BinaryCom Account is terminated or cancelled or suspended, the User may in exceptional
circumstances be able to recover the funds available in the On-site Wallet by contacting Us
immediately at contact@wwwbinarycom.com
Details of the Contracts
37. The Contracts available on the Trading Platforms will be covered by the following provisions:
(a) The Contract payouts shall be determined by the Company at its sole discretion. The payouts
may vary per asset and at every moment of the day.
(b) The trade opportunities may be limited as different markets may close at different times during the
day due to local trading hours and time zones. The Users also understand that certain markets
(such as stocks and stock indices) are not open throughout the day and that trading may not be
available when the markets are closed.
(c) The company will be using various price feeds for determining the price of each asset and may be
different than the prices available in the primary markets where the assets are traded. In the event
of any dispute regarding market or settlement values, the decision of the Company shall be final
and binding.
(d) The company will make charting data available to the Users based on the price feeds obtained. The
User understands that these prices are indicative only and may at times differ from the real market
values. The Company’s decision as to the calculation of a financial contract price will be final and
binding.
(e) If there is any disruption in the price feeds that cannot be immediately rectified by the Company,
then the Company reserves the right to refund the contract purchase if it was initiated through an
On-site Wallet.
Trading Rules and Limits
38. We may determine ‘Trading Rules and Limits’ for trades and contracts on the Trading Platforms which
are a part of the Terms and Conditions and should be read together with them. These Trading Rules and
Limits may be changed from time to time depending on the changing market, regulatory and other
conditions.
39. The important Trading Rules as of now stand as:
(a) Contracts will not usually be offered with a profit percentage smaller than 5 (Five)% (i.e. payouts
of under ETH 1.05 for each ETH 1 staked)
(b) Contracts offered by Us (BinaryCom Global Ltd.) will have a minimum purchase price of ETH 0.001,
an amount that can changed at the Company’s sole discretion.
(c) Contracts are not usually offered in the last hour of trade of any given market (for foreign
exchange markets, the restriction may be extended up to 3 (Three) hours).
(d) Contracts will not usually be offered during the first 10 minutes of market trade.
(e) The prices of some contracts may be offered at different prices depending on market conditions
during the day
(f) Contracts on FX pairs will not be purchased or should not expire during the weekends
(g) Market prices are updated at most twice per second.
(h) On certain occasions, a User who is trading will be able to sell a contract prior to its expiry, but
this is not guaranteed by the Company to always be the case.
40. The Company at its sole discretion may apply volume trading limits on BinaryCom Accounts (‘Trading
Limits’) subject to AML/KYC provisions and modifications or at the Company’s sole discretion.
Currently there are no such limits in place.
41. The Company at its sole discretion may set lower Trading Limits or prohibit transactions altogether for
some BinaryCom Accounts and require completion of KYC and AML procedures before allowing trade on
those BinaryCom Accounts.
42. Users whose On-site account balance exceeds the maximum account size mentioned in Clause 40
above, when applicable, will be required to transfer the excess amounts to another Off-site Wallet to
comply with the provisions and continue trading with their BinaryCom Account.
General Terms of Usage
43. All transactions and contracts which may be conducted on the BinaryCom Platforms, Use of the BinaryCom
Platforms and the Terms and Conditions and Privacy Policy themselves will be governed by the laws of
Costa Rica only.
44. The User agrees to submit all disputes regarding transactions and contracts which may be conducted on
the BinaryCom Platforms, Use of the BinaryCom Platforms and the Terms and Conditions and Privacy Policy
exclusively to Courts in Costa Rica only.
45. Any User may open only a single BinaryCom Account on the Website and should conduct any transactions
using that account on the BinaryCom Platforms using that BinaryCom Account. Any duplicate accounts or
additional accounts opened using false information and declaration by any User (‘Fraudulent
Account(s)’) may be cancelled at any time.
46. The User will be solely liable for any liabilities which may arise from the creation or Use of Fraudulent
Accounts and the User agrees to indemnify and hold Us, Our Affiliates and Partners and other Users
harmless against all claims, liabilities, demands, damages, or expenses (including attorneys’ fees and
expenses) arising out of or in connection with the Use of the Fraudulent Account(s).
47. Any User must open a single BinaryCom Account only for himself and opening or operating or Use of any
BinaryCom Account(s) for any other User or acting on their behalf is strictly prohibited.
48. Any non-compliance with the provisions of the Terms and Conditions or the Privacy Policy or
the laws of any jurisdiction which govern Us or the User may lead to the cancellation of the
BinaryCom Account for the User and legal proceedings may be commenced against the User involved
in such acts by Us or the law enforcement authorities. In these situations, We will not be
responsible to provide any refunds or compensation of any funds in the BinaryCom Account or Onsite
Wallet or in any external wallets or funds linked to the BinaryCom Account.
49. All Users have the responsibility to ensure that all transactions conducted on BinaryCom Platforms from
their BinaryCom Account are settled. The User would be solely responsible for any transaction conducted
from his BinaryCom Account and would be liable to pay for and settle any transactions all transactions
including Ethereum Blockchain transactions conducted from his BinaryCom Account. Another person or
software bot or a minor should not be provided with access or allowed to Use the BinaryCom Account
belonging to a User at any cost and the User would be liable for all liabilities arising from their
transactions or acts or omissions.
50. As a User of the BinaryCom Platforms, You understand and agree to the following:
(a) We and Our Partners and Affiliates have exclusive rights including but not limited to intellectual
property rights, ownership and moral rights over all components of the BinaryCom Platforms including
but not limited to the Website.
(b) The BinaryCom Platforms may contain protected intellectual property which belongs to Us and/or Our
Partners and Affiliates and Users have no claim to the same.
(c) The BinaryCom Platforms may contain licensed protected intellectual property which belongs to a
third party and is being used by Us and/or Our Partners and Affiliates under a license or similar
permission and Users have no claim to the same.
(d) Although, We attempt to provide the highest degree of security and adhere to the latest cyber
security guidelines, We cannot guarantee that the BinaryCom Platforms will be
malware or Virus free. We request the User(s) to ensure that they ensure that the check the BinaryCom
Platforms using their own antivirus or antimalware software before using them. We also request
Our Users to install and maintain the latest version of operating system and security software and
scan Our Website when accessing it. We will not accept any claims for any losses of any nature
from the presence of any malware or virus in the Website or any other BinaryCom Platform and will
not indemnify any Users for the same.
(e) We retain the exclusive ownership and all other applicable rights including intellectual property
rights over any content which may be generated by any User through his use of the BinaryCom
Platforms. Even if the User may have inherent claims over such content in some jurisdiction,
through use of the BinaryCom Platforms, the User has agreed to transfer all such rights without any
additional compensation to Us.
(f) We retain the exclusive right to terminate any license and block any User from using or accessing
the BinaryCom Platforms at any time without providing any reason for the same. Users have no right
to claim unhindered use of the BinaryCom Platforms.
(g) We may discontinue the services of any or all of the BinaryCom Platforms at any time at Our sole
discretion and Users have no claim to any compensation.
(h) All User accounts and/or licenses are non-transferable without explicit written permission from
Us.
(i) The Terms and Conditions, Privacy Policy and any other related documents issued by Us may be
changed at any moment without prior intimation to any User. The User would be provided with an
opportunity to accept or decline with the changes once they have been made and a BinaryCom
Account may be frozen, suspended or cancelled if a User does not provide his consent to the
modified Terms and Conditions or Privacy Policy or any other related documents issued by Us
(j) In case you click on any advertisement or other link provided in the BinaryCom Platforms, you may be
directed to any external websites. We do not guarantee the safety or authenticity of any of these
websites and We do not control them in any manner. Users are requested to take all necessary
precautions while accessing them or sharing any information with them.
(k) Trading on any of the BinaryCom Platforms is risky may result in losses and the losses may exceed
deposits in the On-site Wallet or funds transferred on to the BinaryCom Platforms for trading.
(l) We under no circumstances make any claims or guarantees of any profit by trading in any of the
BinaryCom Platforms. Do not use any funds which are essential and use only funds which you may
lose without any effect on your life.
(m) You should not be involved in any trade or financial contract on any BinaryCom Platform which you
do not understand completely. In case you require any information on any of the trades or financial
contracts please contact Us through Our Website immediately.
(n) We do not provide any warranty regarding the suitability of any part or the whole of BinaryCom
Platforms and equipment used by Us including computer systems, technology, hardware,
networks, software for a particular purpose including but not limited to use for financial trading
and entering into financial contracts and will not indemnify or compensate any User for any losses
arising from the use of any of the BinaryCom Platforms.
(o) Any information provided by Us on any of the BinaryCom Platforms, the Website, any blogs
maintained by Us or newsletters and emails sent by Us is not intended to be financial or
investment advice and We do not accept the responsibility for the accuracy or the correctness of
the information. We also do not accept any liability for any transactions conducted on the basis of
such information.
(p) Hackers or other malicious groups or organizations may attempt to interfere with the BinaryCom
Platforms in a variety of ways, including, but not limited to, malware attacks, denial of service
attacks, consensus-based attacks, phising attacks, smurfing and spoofing (‘Hacking Attack(s)’).
Although We make reasonable efforts to secure Our Users against such incidents, We cannot
guarantee that Our Users will be protected. We will not accept any claims from any damages or
losses arising from Hacking Attacks and will not indemnify Users for losses from On-site Wallet
and Off-site Wallet(s) linked to their BinaryCom Account resulting from a Hacking Attack linked to
Use of any BinaryCom Platform. Users are requested to maintain extreme caution and take steps to
protect themselves from losses in their On-site Wallets by maintaining an absolute minimum
amount of funds on their On-site Wallets.
(q) You may be liable under law in multiple jurisdictions for any illegal activities conducted on the
BinaryCom Platforms and you will be solely responsible for all consequences of the same. We reserve
the right to inform law enforcement agencies and regulatory authorities about any violation of laws
and reserve Our right to proceed in terms of law to penalise such offenders and/or to protect Our
interests
51. We are not liable directly or indirectly whatsoever for any losses to any User for any of the following:
(a) Any losses to a User or third party attributable to any delays, losses, errors or omissions resulting
from the failure or mismanagement of the blockchain, or any computer equipment or software.
(b) Any loss or damage to data or records maintained by Us or the Ethereum blockchain
(c) Losses caused by Government or regulatory action of any country
52. As a User of any of the BinaryCom Platforms you declare that you will not:
(a) Violate any intellectual property rights of any party including Us, Our Partners and Affiliates, Our
advertisers and any other User.
(b) Indulge in activities which are prohibited by law in the jurisdictions which govern you and/or
where We operate.
(c) Indulge in any illegal activities prohibited by applicable national or international laws.
(d) Provide fraudulent or fake information or misrepresent as another person when opening a BinaryCom
Account.
(e) Undertake any scraping, mining, denial of service attack, distributed denial of service attack,
hacking or other illegal activities on any of the BinaryCom Platforms.
(f) Use the BinaryCom Platforms at any time to illegally spread any software or code.
(g) Modify the computer hardware or software that you use with the BinaryCom Platforms to transmit
misleading or false information about your location, age or any other information that it seeks.
(h) Use any other User’s BinaryCom Account.
(i) Disclose any bugs or security issues in any of the BinaryCom Platforms without disclosing it to Us and
providing Us with a 30 (Thirty) day written notice that you intend to disclose it to any other party.
The bugs or security issues discovered in the BinaryCom Platforms can at no time be used for any
illegal purpose or for gaining an unfair advantage for trading in the BinaryCom Platforms.
(j) Upload, propagate or distribute any sensitive, potentially racial, criminal, pornographic or illegal
content including information protected by intellectual property laws anywhere in the world.
(k) Disseminate, modify, reassemble, reverse-engineer or Use the BinaryCom Platforms in any manner
which may be considered beyond the normal use of the BinaryCom Platforms.
(l) Use the BinaryCom Platforms and any linked platforms such as blogs or support forums for
transmission of any illegal, false, frivolous, defamatory or fake information. We retain the sole
right to delete any information from the BinaryCom Platforms and any linked platforms such as blogs
or support forums uploaded by any party at Our sole discretion.
(m) Use the BinaryCom Platforms to secure any immoral or illegal gains.
(n) Use the BinaryCom Platforms and any linked platforms to harass, harm or perform illegal activities
against other Users, Us or any other third parties.
53. We reserve the right to suspend the functioning of any or all of the BinaryCom Platforms including the
Website for an indefinite period of time without prior notice in case of the following events:
(a) When We believe that the BinaryCom Platforms may not be operated without harm to the interests of
the User and/or the Company due to regulatory, economic, military, political or any other
circumstances outside Our control which We determine may or already has severely affected Our
functioning and/or the functioning of the BinaryCom Platforms.
(b) When We in Our opinion are unable to calculate the price of the assets used in the contracts
Disclaimer and Indemnity
54. Through acceptance of the T&C and the Privacy Policy, you accept to hold Us and Our Partners and
Affiliates harmless for any physical, mental or financial harm which may be caused by your Use of any
of the BinaryCom Platforms including the Website.
55. Although, We try to maintain the highest degree of functionality for the BinaryCom Platforms including
the Website, there may be scheduled or unscheduled interruptions in service for reasons beyond Our
control. We will try to inform Our Users at the earliest about such possible disruptions but may fail
under certain circumstances. We do not undertake to honour any claims for losses arising from such
disruptions.
56. Although, We try to build the most stable builds of BinaryCom Platforms, they may not perform as
expected under certain circumstances. We request you to inform Us immediately about any such
situations and stop using the Website and other BinaryCom Platforms immediately till We resolve the
problem. We will not be liable to compensate the Users or any third party for any claims arising from
the non-performance or failure of the BinaryCom Platforms provided that We have taken reasonable steps
to prevent any such failure.
57. We may try to contact you periodically with offers, updates, news and other promotional services.
None of this may be considered as financial or investment advice and We bear no liability from Use of
such information. Users may unsubscribe from these notifications by contacting Us at
contact@wwwbinarycom.com or through any other option provided by Us.
58. We do not ever request any financial information directly through phone, messages or email or through
any other unsecure mode of communication and We request Our Users to report any such incidents to
Us through email at contact@wwwbinarycom.com . We will not be responsible for any financial losses incurred
through such financial crimes.
59. Please forward all other notices to contact@wwwbinarycom.com. – ATTN ; TEAM BinaryCom
60. Disclaimer of Warranties: YOUR USE OF ANY OF THE BinaryCom PLATFORMS AND SERVICES ARE AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR -FREE BASIS, AND WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT.
61. LIMITATION OF LIABILITY: TO THE EXTENT PERMITTED BY APPLICABLE LAW NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE TO YOU FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL O INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED FIVE HUNDRED UNITED STATES DOLLARS ($500). THE EXCLUSIONS
AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.
62. Through Use of any of the BinaryCom Platforms, you agree to hold harmless, defend and indemnify Us
and all Our subsidiaries, affiliates, partners, employees, advertisers, suppliers and all other related
parties from and against any third party claim arising from or in any way related to the breach of the
T&C, Privacy Policy and local or international applicable laws, rules or regulations in connection with
your Use or access of the BinaryCom Platforms, including any liability or expense arising from all claims,
losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of
every kind and nature
Queries and Clarifications
63. In case of any complaints, suggestions, queries or clarifications you can contact Us at Our email id:
contact@wwwbinarycom.com and We will make Our best effort to respond to your queries within 1-2 (One to
two) weeks. The Complaints in most cases should finally be resolved within around 2-4 (two to four)
weeks of receipt of complete details and all information sought by Us.
64. We reserve the right to delete any content which We consider undesirable from Our Website, Social
Media pages and other forums. We also reserve the right to block any Users from Our email inboxes,
Website, Social Media pages and all other forums for posting content, which We consider undesirable
or at Our sole discretion without assigning any reason.
Other terms
65. All Communication shall be made with Us and will be made by Us in English only.
66. The Privacy Policy and Terms and Conditions may be updated from time to time and the version
available on www.wwwbinarycom.com on a given date will be considered as the governing document for any
incidents arising on that date. Only the latest version of the Privacy Policy and Terms and Conditions
will be available on the Website. Users have the sole responsibility to download and save any copies of
the Privacy Policy and Terms and Conditions on a particular date if they require them. No request for
supplying older versions of the Privacy Policy and Terms and Conditions will be accepted.
67. The Terms and Conditions will not be interpreted against one party merely as it was drafted by the
party.
68. Force Majeure: The Company shall not be held responsible for any delay or failure in performance
arising out of causes beyond its control, or without its fault or negligence. Such causes may include,
but are not limited to, fires, terrorist acts, strikes, embargoes, shortages or supplies of raw materials, or components or finished goods, acts of God, or national disasters.
69. For purposes of this Terms and Conditions document, whenever the context requires:
(a) the singular number shall include the plural, and vice versa;
(b) the masculine gender shall include the feminine and neuter genders,
(c) the feminine gender shall include the masculine and neuter genders,
(d) the neuter gender shall include the masculine and feminine genders; and
the words include and including, and variations thereof, shall not be deemed to be terms of
limitation, but rather shall be deemed to be followed by the words without limitation.
70. By using the Website and any other BinaryCom Platform, the User accepts that he/she has read and
accepted the entire Terms and Conditions document and is legally competent to provide consent under
laws of all jurisdictions which cover his Use of the BinaryCom Platforms.
71. In case You are resident within the European Union, Your consent to these Terms and Conditions shall
also be considered as “unambiguous consent” in terms of Article 7 of Directive 95/46/EC of the
European Parliament and of the Council of 24 October 1995 whereby You have permitted collection,
transfer and processing of Your Personal User Information and Anonymous Information anywhere
across the world. After the GDPR is in force from 25 May, 2018, all European Union Residents will be
considered to have provided valid consent when they open or had opened a BinaryCom Account by signing
a document or clicking on any required buttons or through email or by use of any other authentication
options provided by the Website or through any other mode that is required under law.