Perjanjian Pelanggan

Customer agreement

Binany Corporation (a company in accordance with the law and with the terms and conditions of the Customer Agreement) provides access to individuals (the Customers) at https://binany.com and in the Binany mobile application with the aim of the Client making commercial transactions using the financial instruments provided by the Company.

Unless otherwise specifically stated in this Agreement, all services provided by the Company through the Site are also provided through the Mobile Application. Binany manages the activities of the Company.

1. General Provisions
   1. The Client accepts the Agreement by registering and creating an Account on the Site. Acceptance of the Agreement means the full and unconditional acceptance by the Client of its conditions.
   2. The place of provision of services is the Republic of Seychelles, the place of management of the Company is the Republic of Cyprus.
   3. The Privacy Policy published on the Site and the Cookie Policy are an integral part of this Agreement.
2. Terminology
   1. Account — Client's record on the Site, necessary for authentication and for access to his personal profile.
   2. Asset — stock indices, shares, commodities and currency available for trading using financial instruments provided by the Company.
   3. Account Balance — the total amount of funds in the Client's Account, excluding Open Trades. The amount of the Account Balance is the amount of the Company's financial obligations to the Client at a particular point in time, unless otherwise specified.
   4. Bonuses, Bonus funds — funds credited by the Company to the Client's Account to increase its trading potential. Bonuses are not a financial obligation of the Company to the Client.
   5. Withdrawal of funds — taking out funds from the Account and transfer thereof according to the details of the Client.
   6. Deposit — funds deposited by the Client to the Account.
   7. Closed Transaction — a Transaction in which the Expiration time has come, or a Transaction closed to a Customer’s order.
   8. Quote — a digital value of an asset at a given point in time.
   9. The Client's Personal Account — a section of the Site with restricted access, through which the Client, after passing the authorization procedure by entering a login and password, has the opportunity to use the Company services.
   10. Log file — a file containing system information about the operation of the Company’s Server and information about the Client’s actions on the Site.
   11. Non-trading operation — a transaction on depositing or Withdrawing funds from the Client's Account, as well as other operations that are not Trading.
   12. Open Deal — a deal until its expiration or until closing by the Client’s order.
   13. Payment systems provider — a company that provides online services for the implementation of electronic payments.
   14. Customer’s Real Account — a special Customer’s account on the Trading Platform, reflecting in real time the results of Non-trading operations conducted by it, Open and Closed transactions, and other changes in the Company's financial obligations to the Customer. Possible currencies Accounts: US dollar, euro, rupees.
   15. Transaction — the opposite of trade operations having the same identification number.
   16. The Company's Server — a software and hardware complex, which provides a quote flows to the client in real time, as well as in the processing of the client's trading Instructions.
   17. Strike price — the Asset Quotation predicted by the Client at the close of the Transaction.
   18. Trading activity — the Client’s actions on making a Deposit to the Account, Withdrawing funds, making Trading operations, paying for registration in the tournament, replenishing the balance of the Client’s tournament account (purchasing), activating Bonuses or gifts.
   19. Trading operation — an over-the-counter operation with an Asset, performed between the Company and the Customer in non-deliverable mode.
   20. Trading Platform — a computer system that is accessed through the Client’s Personal Account, used to display Quotes streams transmitted from the Company’s Server, to place Client’s Trading Orders, to reflect the results of their execution, and to perform other actions related to the execution of Trading Operations.
   21. Trading Order — an order of the Client to make a Trading operation on the conditions specified in such an order.
   22. Trading mechanics — derivatives from asset financial instruments provided by the Company on the trading platform, the use of which does not result in the actual acquisition of the Asset.
   23. Turnover — the sum of all Transactions made by the Client since the last Deposit was deposited in the Account.
   24. Expiration — the moment of execution of the Transaction.
3. Trading mechanics
   1. The following Trading mechanics are available to the client:
   2. “Standard” When opening a Transaction, the Client indicates the Asset, the Transaction amount, the direction the chart and the time of closing the Transaction. The transaction closes upon reaching the selected closing time. At the moment of closing the Transaction the current quotation of the selected Asset is higher than its quotation at the opening, the transaction is considered profitable if the selected direction of movement of the chart is “up”. If at the moment of closing the Transaction the current Quotation of the selected Asset is lower than its Quotation at the moment of opening the Transaction, the Transaction is deemed profitable if the selected direction of movement of the chart is “down”. The yield on the Transaction is fixed and depends on the selected amount of the Transaction, the Asset and the transaction execution time. The income under the Transaction is defined as the percentage yield, multiplied by the amount of the Transaction.
   3. Strike When opening a Transaction, the Client indicates the Asset, the Transaction amount, the direction of movement of the chart, the Strike price and the closing time of the Transaction. The transaction closes upon reaching the selected closing time. If at the moment of closing the Transaction the current Quotation of the selected Asset is higher than the Strike price indicated by the Client, the Transaction is considered profitable if the selected direction of the chart moves upwards. If at the moment of closing the Transaction the current Quotation of the selected Asset is lower than the Strike price specified by the Client, the Transaction is considered profitable if the selected direction of the chart is “down”. The yield on the Transaction is fixed and depends on the selected amount of the Transaction, the Asset, Strike prices, the direction of movement of the schedule and the execution time of the Transaction. The income under the transaction is defined as the percentage yield, multiplied by the amount of the transaction. The transaction can be closed ahead of schedule. The price of early execution is calculated dynamically and updated depending on market conditions. Strike is only available in the Mobile application.
4. Registration and verification of the Client
   1. The registration procedure is mandatory for the Client.
   2. To register on the Site, the Client must perform the following actions:
      • enter your email address and password;
      • select the currency of the Account;
      • accept the terms of the Agreement.
   3. By accepting the terms of this Agreement, the Customer warrants that he /she:
      • is an adult and capable;
      • has read the terms of this Agreement and agreed with them.
   4. In order to ensure the legality and security of the provision of services, the Company conducts a procedure for verifying the identity of the Client and the information indicated by verification. To this end, the Company has the right to request from the Client a copy of the data page of his passport with a photo and or a copy of the front and back side of his ID card. In some cases, the Company has the right to request the Customer’s current utility bills, an agreement with the bank to open an account, scanned copies of bank cards or other documents if the documents provided to them earlier do not allow the Customer to be fully identified and / or to confirm the information specified by him. Customer’s personal data is processed by the Company in accordance with its Privacy Policy.
   5. Verification is carried out within 10 (ten) working days from the moment the Client submits the full set of documents requested by the Company. In some cases, the Company has the right to extend this period to 30 (Thirty) business days.
   6. If the Client unreasonably refuses to provide the documents and / or information requested for verification, the Company has the right to suspend the maintenance of his Account and to subsequently block it.
   7. To confirm the identity of the Client and to verify the documents provided to them, the Company has the right to offer the Client a video conference with him. In this case, the Client needs to add a Company (support.binany) to his Skype account and prepare his passport and bank cards, which he used while depositing in the Account, just before the video conference. The client shall be notified about the time of the video conference at least 24 (twenty-four) hours prior to it.
   8. By registering on the Website, the Client consents to receiving letters from the Company, including advertising messages, as well as phone calls and SMS messages. If the Client does not want to receive information from the Company, he can cancel the subscription at any time by following the link “Unsubscribe” in an email from the Company, deactivating the corresponding option in the Personal Account or by contacting the Company Support Service. The Company undertakes to immediately respond to the Customer’s statement about the cancellation of the subscription to all types of letters (except for transactional notifications), as well as about the refusal to receive calls and SMS messages.
   9. The client has the right to register only one account on the Site. If the Company discovers several Accounts belonging to the same Client or group of persons, if such persons have the opportunity to log in from the same IP address and / or access the Site from one device or replenished using one credit card and / or electronic wallet, or with authorization from the same IP address or upon detection of other signs of possession of multiple Accounts, Transactions and their financial results on all such Accounts may be canceled, and Accounts may be blocked. In this case, funds held in such Accounts cannot be considered a financial liability of the Company to the Client.
5. Procedure for Non-trading operations
   1. The official methods of depositing and withdrawing funds are the methods indicated on the Company's Website. The client takes all the risks associated with the use of payment systems, as well as the commissions of the payment systems and / or Payment system providers for making payments and / or currency conversion. The Company shall not be liable for delay or failure to make a payment from the Account or to the Customer's Account due to the fault of the payment system and / or the Payment System Provider. In case of claims to the correctness of any payment system and / or any payment system provider on the part of the Client, he should contact the support service of such a payment system and / or such provider, respectively. The client is obliged to notify the Company of cases of such complaints.
   2. To replenish the Account, the Client uses the internal interface of the Site. The minimum deposit amount is ₹300/ ৳350 or the equivalent of $5 (depending on the currency of the Account). At the discretion of the Company in individual countries, the amount of the minimum Deposit may be reduced. The exact amount of the minimum Deposit is reflected in the Cashier section in the Client’s Personal Account on the Site when crediting the Account. In addition, the size of the minimum Deposit may be reduced as part of the campaigns or other activities of the Company.
   3. In some countries, the Client can use the service “Payment in 1 click” on the Website.
      1. To activate the service when replenishing the Account, the Client needs to put a tick in the box opposite the phrase “I want to save the wallet” and make a deposit. Using this service, the Client agrees to pay all the additional costs arising from this (if necessary), including taxes, fees, etc.
      2. The Company and the Payment Service Provider provide only the payment in the amount indicated by the Client and are not responsible for the payment of the aforementioned additional amounts by the Client.
      3. At each subsequent replenishment, after clicking on the button “Replenish in 1 click” in the Personal Account on the Website, it is considered that the payment is confirmed, processed, and executed irrevocably.
      4. By clicking the button “Add funds in 1 click”, the Client confirms that:
         • he has come of age and is capable;
         • he is the owner of a credit card, which is used to replenish the account with the service “Payment in one click”;
         • by pressing the button “Add funds in 1 click”, the Client confirms the payment;
         • The client is aware of all the risks associated with the use of this service and accepts them;
         • The client will not be able to cancel the payment or request its withdrawal;
         • The client understands and accepts that the payment is processed by the payment service provider.
      5. The Company and the Payment System Provider are not responsible for the refusal to conduct a transaction due to non-receipt of permission from the issuing bank to make a payment using the Customer’s bank card.
      6. If the Client wishes to refuse the service “Payment in 1 click”, then at the next deposit he needs to remove the check mark in the field opposite the phrase “I want to keep the wallet” and the service “Payment in 1 click” will be disabled.
      7. If the Client does not agree with the specified conditions, the Company asks him to refuse in time to make a payment with the service “Pay in 1 click” and, if necessary, contact the Company's Customer Support Service using the contact details specified in section 12 of this Agreement.
   4. Replenishment of the account using the payment details of third parties is prohibited.
   5. In the event of signs of fraud in financial transactions after funds are credited to the Client’s Account, the Company reserves the right to cancel such transactions and block the Client’s Account.
   6. To Withdraw funds from the Account, the Client creates a corresponding application using the internal interface of the Site. The minimum withdrawal amount is ₹1000 / ৳1000/ or the equivalent of $15 (depending on the currency of the account). At the discretion of the Company in individual countries, the minimum withdrawal amount can be reduced or increased.
   7. After the creation of the application, the amount of the withdrawn funds is not withdrawn from the Client's Account until the moment of the direct payment. Payments on applications made by the Client are non-refundable.
   8. The client is solely responsible for the accuracy and reliability of the data specified in the withdrawal application.
   9. Funds are transferred to the Client within 3 (Three) business days following the date of filing an application for Withdrawals. The following withdrawal limits are valid on the Website: no more than ₹30000 / ৳25000 or an amount equivalent to $300 (depending on the currency of the Account) per day. Due to the peculiarities of individual withdrawals, these limits can be reduced. The exact limits on the withdrawal of funds for each withdrawal method can be obtained from the Customer Support Service of the Company using the contact details specified in section 12 of this Agreement.
   10. After prior notice, the Client's request for Withdrawal of Funds may be withheld by the Company's security service without execution up to 10 (ten) business days.
   11. Withdrawals from the Client's Account are carried out in the same way and using the same details that were used by the Client when crediting the Account. If for technical reasons this possibility is not available, the Client has the right to use another method and / or other details for the Withdrawal of funds. In this case, the data of the Client in the details must coincide with the data of the Client specified by him during verification. The Company has the right to request evidence from the Client confirming the impossibility of the Withdrawal of funds by the method and according to the details used to replenish the Account.
   12. In order to comply with international legislation on countering the laundering of proceeds from crime (Anti-Money Laundering, AML), when Withdrawing funds from the Account, the Company has the right to request from the Customer a confirmation that the account to which the Withdrawal is made belongs to the Customer, as well as notarized and, if necessary, apostilled / legalized copies of documents proving the identity, place of residence and place of registration of the Client. In the event of unmotivated refusal of the Client to provide these documents, the Company has the right to refuse to Withdraw funds.
   13. If the Client intends to use the Account for exchange transactions between the payment systems, the Company has the right to reject the Client's request for Withdrawing funds from the Account.
   14. If the Client deposited into the account and subsequently decided to withdraw in whole or in part, but the trading turnover did not exceed the deposit amount, the fee will be 20% of the withdrawal amount.
   15. The Company shall not be liable for the actions of third parties engaged in intermediary activities when the Customer conducts deposits or Withdrawals from the Account.
   16. When the Client conducts the replenishment of the Account, the Company's financial responsibility begins from the moment the Client’s funds are received in the Company's bank account and / or in the Company’s account in the payment systems indicated on the Site.
   17. When the Client conducts Withdrawal operations, the Company's financial liability ceases at the moment of withdrawal of funds from the Company's bank account and / or from the Company's account in the payment systems indicated on the Site.
   18. In case of technical errors on the part of the Company when making financial transactions, the Company reserves the right to cancel such transactions, as well as the results of services provided by the Company, based on such transactions.
   19. The Company has the right to impose a limit on the withdrawal of funds equal to the amount of the Client's deposits over the past 30 (Thirty) days.
   20. In cases where the Company's Security Service suspects the Client of fraud or deception, the Company has the right to block the Client's Account without prior notice and without the possibility of Withdrawing funds in the amount of actual damage caused by the actions of the Client of the Company, as well as the profits that the Client received as a result of fraud or cheating.
6. Quotes
   1. The Client acknowledges that when using the Company's services, the only reliable source of information about Quotes flows is the Server of the Company. Quotes displayed on the Trading Platform cannot serve as a reliable source of information on Quotes flows, as in the case of an unstable connection between the Trading Platform and the Server, some Quotes from the flows may not reach the Trading Platform.
   2. Charts displayed in the Trading Platform are indicative. The Company does not guarantee that the Transaction will be completed at the Quotation indicated on the chart in the Trading Platform at the time the Client submits the Trading Order.
   3. The price of an Asset in the Trading Platform is determined by the formula (purchase + sale) / 2.
   4. If the Client’s Trading Order was executed at a non-market Quotation, the Company corrects the financial result of the Transaction in accordance with the Market Quotations at the time of execution of such Trading Order or cancels the result of the Transaction.
7. The order of trading operations
   1. The processing of Customer’s Trading Orders takes place in the following order:
      1. The client draws up a Trading Order, which is being checked for correctness on the Trading Platform.
      2. From the Trading Platform, the Client’s Trading Order is transmitted to the Server, where it is retested.
      3. After re-checking the Trading Order is processed on the Server, the result of processing is transmitted to the Trading Platform.
   2. The processing time of the Client's Trading Order depends on the quality of communication between the Trading Platform and the Server, as well as on the market condition. Under normal market conditions, the processing time of a Customer’s Trading Order is usually 0–4 seconds. In market conditions other than normal, the processing time of Customer’s Trading Orders may be extended.
   3. Opening Transactions
      1. The minimum amount of the Transaction on the Trading Platform is ₹30 / ৳30 or the amount equivalent to $0.5 (depending on the currency of the Account), the maximum is ₹10000 / ৳10000 or the amount equivalent to $100 (depending on the currency of the Account).
      2. The Client’s trading order for opening a Transaction is rejected if:
         • the Client transferred the Trade Order before the first quotation of the Transaction Asset entered the Trading Platform at the opening of the market;
         • There are not enough available funds on the Customer’s Account to open a new Transaction.
      3. The Client’s trading order for opening a Transaction may also be rejected by the Server under market conditions other than normal.
      4. The Client’s trading order for opening a Transaction is deemed executed, and the Transaction is opened after the corresponding record appears in the Log File. Each Transaction on the Server is assigned a unique identification number.
   4. Closing Deals
      1. The closing of the Transaction takes place at the current price of the Transaction Asset, which is available on the Server at the time of closing the Transaction.
      2. The Client’s trading order for closing a Transaction is deemed executed, and the Transaction is closed after the corresponding record appears in the Log File.
   5. The Company has the right to limit the maximum number of Transactions made by the Client in one minute, hour or calendar day.
   6. The Company has the right to change the percentage of yield, the minimum and maximum amount of the Transaction, as well as the Expiration Periods for one, several or all Assets.
   7. Malfunctions and / or malfunctions in the operation of computer equipment and software of the Company, unstable Internet connection, interruptions in the transmission of information flows, interruptions in power supply, malfunctions in the work of exchanges, hacker attacks, and also any illegal actions in relation to equipment and / or the Company’s Server, force majeure circumstances, the suspension of trading in financial markets that affect the Assets available on the Site are direct grounds for invalidation of Transactions executed during circumstances
   8. If there has been no Trading Activity on the Client's Account for 180 (one hundred and eighty) consecutive days, the Client is charged a monthly subscription fee for servicing their Account in the amount of $10 or in an amount equivalent to $10 (depending on the currency of the Account), but no more than the amount of the Account Balance. The subscription fee is canceled in the event that Trading Activity is resumed on the Client's Account
8. Bonuses and gifts, participation in tournaments and promotions.
   1. Bonuses are credited to the Customer’s Account in accordance with bonus or promotional programs conducted by the Company.
   2. The amount of the Bonus depends on the conditions of the promotion or program within which it is credited (no deposit Bonuses), and / or the size of the Client's Deposit (deposit Bonuses).
   3. Bonuses credited to the Account are not a financial obligation of the Company to the Client.
   4. After the Bonus is activated, the funds in the Client's Account become available for Withdrawal only after the Client completes the Obligatory Trade.
   5. Obligatory turnover is the bonus amount multiplied by his shoulder. If the Bonus shoulder is not specified, then for Bonuses that are less than 50% of the Deposit size when using the Bonus, the shoulder should be considered equal to 35, and for Bonuses that are 50% or more of the Deposit size when using the Bonus, the shoulder should be considered equal to 40. The sum of each Transaction taken into account in the Obligatory trade turnover is directly proportional to the yield on the Asset of such a Transaction.
   6. Transactions in the Standard Trading Mechanics with a zero result in the Compulsory Trading Circuit are not counted.
   7. Transactions in the Trading Mechanics “Strike” are not taken into account in the Compulsory Trading Turnover.
   8. Within the framework of one share, the Client is entitled to receive Bonus funds only once, unless otherwise specified in the terms of the share.
   9. The profit received by the Client for Transactions using Bonuses may have limitations on the amount of Withdrawal. The maximum amount of Withdrawal of profits received using gift no deposit Bonuses sent to the Customer's email is $50 / €50 or equivalent to $50 (depending on the currency of the Account).
   10. Gift No Deposit Bonuses must be activated in the Client’s Personal Account within 3 (Three) days from the moment of their accrual. If within 5 (Five) days from the date of activation of the Bonus the Obligatory trade is not made or the Deposit is not made to the Account, the Bonus is reset.
   11. After the Bonus is activated, the Client is entitled to cancel it by contacting the Company's Customer Support Service using the contacts specified in section 12 of this Agreement. Refusal of the Bonus or its cancellation is possible only if there are no Trading Operations of the Client since the moment of accrual of Bonuses.
   12. Upon expiration of the promotion, the Bonus accrued under such an action may be debited from the Client's Account.
   13. A client can have only one active Bonus on his Account. If the Client already has an active Bonus on the Account, he cannot activate one more until the Mandatory trade on the already active Bonus is completed.
   14. If the Client's Account Balance falls below the minimum allowable size of the Transaction, the Bonus is reset.
   15. If the Client's Account has been transferred to the archive in the manner provided for by clause 4.11 of this Agreement and there is an active Bonus on the Client's Account, the Bonus is reset.
   16. The client has the right to participate in all available for him tournaments and promotions held by the Company. The Client must independently familiarize himself with the conditions of such tournaments and promotions posted on the Company's Website.
   17. Tournaments are not available for Trading Strike Mechanics.
   18. The funds received by the Client from the Company as a prize for participation in the tournament are credited to his real Account after the prize is activated in the Client’s Personal Account, unless otherwise specified in the tournament conditions.
   19. If the Security Service of the Company suspects the Client of fraudulent actions in order to win a tournament or a promotion, the Company has the right to review or cancel the Customer’s results in such a tournament or promotion, as well as to refuse to participate in subsequent tournaments and / or promotions. In the event that the fact of fraud is confirmed, the results of the Client in the tournament or promotions are canceled.
   20. As part of promotions or special programs, the Company may provide additional gifts for the Client.
9. Client risks
   1. The client is fully aware that:
      • implementation of trading operations with financial instruments is accompanied by significant risks. Before using the Company's services, the Client needs to analyze his financial capabilities;
      • Trading operations carried out by him through the Trading Platform are not transactions performed on the official exchange. They are over-the-counter, in connection with which they carry a greater risk for the Client than official exchange transactions;
      • any information and / or recommendations received by it on the Website, from representatives or partners of the Company, are not a direct offer to perform a Trading operation or a financial transaction;
      • it may incur financial losses as a result of malfunctions and / or malfunctions in the operation of computer equipment, software, an unstable Internet connection, interruptions in power supply, and other technical factors;
      • in market conditions other than normal, the processing time of his Trading Orders may be extended, as a result of which the Client may incur losses. In addition, sharp fluctuations of the Quotes may result in the Client's losses, when the Transaction can be executed at a price different from the price displayed in the Trading Platform.
   2. In some countries, the use of the Company's services may be restricted or prohibited by law. The client assumes all risks associated with the analysis of the legislation of his country or his country of presence for such restrictions or prohibitions, as well as responsibility for using the services of the Company in countries where they are restricted or prohibited.
   3. The Client acknowledges that the Company does not guarantee the receipt by the Client of profit in any amount or lack of losses in the course of using the Client’s services.
10. Warranties and liability. Force Majeure
    1. The company is not a credit institution, does not conduct banking activities, does not attract funds from individuals to place them on the terms of repayment, payment, urgency, does not open and does not maintain bank accounts.
    2. The company does not render its services in the territory to citizens and / or residents of the following countries: Canada, USA, Australia, Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Germany, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Norway, Iceland, Liechtenstein, Sweden, United Kingdom, Andorra, Vatican, Monaco, San Marino, Cyprus, Switzerland, Israel.
    3. The client guarantees that using the services of the Company:
       • he concludes Transactions exclusively in his own name and in his interest;
       • he is not a citizen and / or resident of the country in which the Company does not render its services;
       • it does not use anonymizers, VPN-services and applications, as well as other devices and methods that allow you to hide the real IP-address of the Client and its actual location.
    4. The client is responsible for the authenticity and validity of the documents presented to them during verification. In the case of the provision of false information, false or invalid documents by the Client in the framework of verification, the Company has the right to refuse the Client to service its Account without the Right to Withdraw Profits, as well as to withhold the Client’s funds in the amount of actual damage caused to the Company by its actions. The company has the right to refuse to re-register such a Client.
    5. Within the framework of compliance with international law, AML Client, registering on the Trading Platform, ensures that the funds deposited by it to the Account have not been obtained illegally, are not the result of drug trafficking, kidnapping, other criminal or illegal activities. The Client undertakes not to use the Site for the purpose of legalizing proceeds from crime, or for other illegal activities. The Company reserves the right to refuse the Customer to use the Account, to block, cancel, close the Account, to hold funds in the Customer's Account if the Customer does not adhere to or does not comply with the requirements and principles of the AML legislation. If the Company suspects conducting illegal or illegal activities through the Client's Account, the Company reserves the right to disclose all information relating to the Client to authorized bodies, as well as to block and / or close the Client's Account and / or withhold funds in the Client's Account.
    6. The client undertakes to provide documents and carry out other necessary actions (at the discretion of the Company) aimed at the implementation of AML international legislation.
    7. The Client is fully aware that actions performed by him and / or by third parties with his participation, which can destabilize the Site, equipment, services, software and hardware, as well as the Company's work in general, entail a direct refusal of the Company in servicing the Client’s Account without the right to withdraw profit, as well as withholding of funds of the Client in the amount of real damage caused to the Company by its actions. The company has the right to refuse to re-register such a Client.
    8. The Client is personally responsible for the loss of the login and password for accessing his Account on the Site. The Client is obliged to prevent any possibility of third party access to his Account on the Site. In case of unauthorized access to the login and password and / or the Client's Account, he is obliged to immediately notify the Company. The risks and losses of the Client associated with the process of restoring his access to the Account do not lead to the Company's additional obligations, apart from providing new data for the Client's access to the Account after he has passed the additional identification as the owner of the Account. The Company is not obliged to compensate for the losses or pay the Client's profit resulting from unauthorized access to the Client Account.
    9. The Company shall not be liable for the actions or inaction of the Client in the course of using its services, as well as for the losses of the Client resulting from the execution of Transactions by the Client through the Trading platform.
    10. The Company is not liable for the failure to fulfill its obligations, including losses of the Client, resulting from hacker attacks, failures in the operation of computer equipment (both the Client and the Company), and data transmission via communication channels that occurred through no fault of the Company.
    11. The Company shall not be liable for any losses incurred by the Customer due to force majeure (force majeure). Force majeure circumstances, including: natural disasters, man-made accidents, military actions, terrorist acts, uprisings, civil unrest, strikes, riots, military
11. Complaints and Dispute Resolution
    1. In case of a disputable situation, the Client first of all needs to contact the Company's Customer Support Service using the contacts specified in section 12 of this Agreement. If the answer given by the Support Service, the Customer deems it to be unsatisfactory or the Support Service does not have the authority to resolve the issues raised by the Customer, the Customer has the right to contact the Support Service with a request to forward the question to the Company’s Dispute Resolution Department or send the complaint by email to complaints @ binany.com or using the “My Questions” tab in the internal interface of the Personal Account.
    2. When submitting a complaint to the Client, it is necessary to provide the following information
       • the name and surname of the Client;
       • Client's email address;
       • when (date) and under what operations the controversial situation arose or was detected;
       • describe in detail the situation;
       • attach files confirming the disputed situation (if any).
    3. In case of non-compliance of the complaint with the requirements set out in clauses 11.1 and 11.2 of this Agreement, and / or if any of the following conditions exist:
       • in the complaint, the Client makes provocative statements, unfounded accusations or the threat of "denigrating" the business image of the Company;
       • the received message contains threats, insults or vocabulary of obscene nature to the Company and / or its employees;
    4. When considering a client's complaint, the Company is always guided by its interests and is obliged to give a preliminary answer within 2 (Two) working days from the date of receipt of the complaint, containing the following information:
       • Confirmation of acceptance of the complaint by the Dispute Resolution Division;
       • preliminary results of the audit or information that may be relevant to the subject of the complaint;
       • deadline for decision on the complaint.
    5. Within 10 (ten) business days from the day following the date of filing a complaint, the Company provides the Client with an answer on the measures taken to resolve the dispute, as well as recommendations on further actions by the Client. If the Company needs to obtain additional information to settle the dispute, it has the right to extend the time for consideration of the complaint, but not more than 10 (ten) working days, about which it is obliged to notify the Client.
    6. Complaints about the recovery of lost profits and / or compensation for moral damage by the Company are not accepted for consideration.
    7. If within 5 (five) working days from the moment the response is sent to the Client, the answer has not been appealed by him, the dispute is deemed to be settled.
    8. If the dispute between the Client and the Company has not been resolved within 1 (One) month from the date of the complaint, within 15 (Fifteen) days from the date the deadline expires, the Client has the right to apply to resolve the dispute to the Financial Commission (https://financialcommission.org/) or an authorized court under Seychelles law.
12. Contacts
    1. To contact the Company, the Client can use the following methods:
       • to the email address: support@binany.com;
       • via online chat on the Site.
    2. The Client’s contacts are considered his e-mail address specified when registering on the Site, as well as the phone number indicated in the Personal Account on the Company’s Site, if the Client wishes to indicate it.
    3. The Company is not responsible for the incorrect indication by the Client of their contact information on the Site.
13. Taxes
    1. The company is not a tax agent and does not provide data on the operations of the Client to third parties. Such information can be provided only to the competent state authorities if there is an official request.
14. Effect, amendment and termination of this Agreement
    1. This Agreement enters into force at the time of registration of the Client on the Site.
    2. The obligations and rights of the Client and the Company established by this Agreement are considered a long-term act and are valid until the termination of the Agreement.
    3. The Company has the discretion at any time to make changes to this Agreement. In case of amendments to the Agreement, they will come into force from the moment of posting the amended text of the Agreement on the Website, unless a different date of entry into force of the amendments is specified. Informing the Client about changes to this Agreement is carried out by sending him a notification email.
    4. If the Client does not agree with the amended version of the Agreement, he must stop using the Company's services and block his Account through the interface in the Personal Account on the Website or by contacting the Company's Customer Support Service using the contacts specified in section 12 of this Agreement, after making a Withdrawal from the account.
    5. This Agreement may be terminated:
       • at the initiative of any Party;
       • in case of death of the Client or recognition of his incapacity;
       • in case of liquidation of the Company.
    6. Regardless of the basis for termination of the Agreement, the Company undertakes to fulfill its obligations to the Client in the manner provided for in this Agreement.
    7. The client has the right to terminate this Agreement at any time, regardless of their motives.
    8. To terminate this Agreement unilaterally, the Client must block his Account via the interface in the Personal Account on the Website or by contacting the Company's Customer Support Service using the contacts specified in section 12 of this Agreement, after having withdrawn funds from the Account.
    9. If, at the request of the Client, the Company removes the lock from his Account or returns the Client's Account from the archive, this Agreement renews its effect in the edition valid at the time of such unlocking and / or returning the Account from the archive.
    10. The Company has the right to terminate this Agreement unilaterally without giving reasons.
    11. In the event of termination of its activities, the Company is obliged to notify the Client about this no later than 1 (One) calendar month prior to the termination of the activity.
    12. In the event of termination of its activities, the Company is obliged to pay the Client the funds in his Account at the time of termination of the Company's activities, in full.
15. Final provisions
    1. The client is not entitled to fully or partially transfer his rights and obligations under this Agreement to a third party.
    2. In case of discrepancy between the text of this Agreement in English and the text in other languages, the version of the Agreement in English shall prevail.
    3. This Agreement is governed by the laws of the Republic of Seychelles. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination shall be submitted and finally resolved by the court in accordance with the laws of Seychelles.