1.1. This document (hereinafter referred to as the "Offer") contains the basic provisions concerning the functioning of the BinoMarket System and working within it.
1.2. The Offer sets out the principles and conditions under which BinoMarket provides Customers access to the System Services, charging fees in accordance with the Tariffs as prescribed, and the Customer, in turn, agrees to use the System and its Services in accordance with this Offer and the Internal Policies.
1.3. This Offer is an official public offer of BinoMarket to provide the possibility to use the System and its Services and is addressed to legally capable persons.
1.4. BinoMarket may regulate by its Internal Policies matters not reflected in the Offer by providing information about such Internal Policies on the Website. Acceptance of this Offer constitutes the Customer's agreement to comply with all terms of both the Offer and the Internal Policies.
1.5. The content on the Website is provided on an 'as is' basis for information purposes only. BinoMarket makes no representations, warranties, or guarantees, either express or implied, that the content of the Website is accurate, current, complete, and/or can be used as a basis for any kind of action or inaction.
1.6. Unless the context otherwise requires, words used in one gender shall include the meaning of any or all genders respectively.
2. Definitions
2.1. Parties - BinoMarket and the Customer.
2.2. BinoMarket refers to the group of companies operating under the BinoMarket brand, as detailed in our Legal Structure document. BinoMarket provides trading services for virtual assets through its platform.
2.3. System (BinoMarket System) - a set of hardware and software designed, created, and operated to provide Customers with Services offered by BinoMarket.
2.4. System Services - all services and any service provided by BinoMarket.
2.5. Website - https://binomarket.io.
2.6. Applicant - an individual who wishes to create an Account and submits an application for registration via the System.
2.7. Customer - an individual or a legal entity who is the owner of the Account and who has completed the Registration procedure and has acquired the right to use the System in accordance with the Offer and the Internal Policies.
2.8. Contact Data - the e-mail address and mobile phone number entered in the System by the Customer.
2.9. Authorisation - the process of authenticating a person by Login and Password.
2.10. Authorisation Data - a combination of Login and Password.
2.11. Login - the Customer's e-mail address or a digit-letter combination set by the Customer.
2.12. Password - a digit-letter combination of symbols set by the Customer during Registration and used in conjunction with the Login to log into the Account.
2.13. Registration - the process of entering registration data into the System and accepting the Offer, after which the Applicant is identified by the System.
2.14. Verification - the procedure for the Customer to enter data into the System and confirm them by completing the online form and attaching supporting documents, following the instructions in the Customer's Account in accordance with the requirements of the applicable law and the Internal Policies.
2.15. Verified Account - the status of the Customer's Account which has been verified.
2.16. Non-Verified Account - the status of the Customer's Account which has not been verified. Holders of Non-Verified Accounts are not provided with the System Services.
2.17. Account - the Customer's virtual account in the System registered in accordance with this Offer and the Internal Policies. Unless otherwise specified, "Account" means a Personal Account.
2.18. Personal Account - an Account created by the Customer.
2.19. Wallet - a part of the Account reflecting the balance of Funds belonging to the Customer in one of the selected currencies. There can be several Wallets in one Account.
2.20. Wallet Type - a Wallet in one of the available currencies.
2.21. Funds - Fiat money and/or Digital assets, which are placed into the Account and used during the execution of Transactions.
2.22. Fees - any rewards, charges, and/or commissions paid to BinoMarket by the Customer, which are established by BinoMarket.
2.23. Transaction - an action initiated by the Customer to receive Funds in his/her Wallet or to send Funds from his/her Wallet within the System.
2.24. Payment - Funds recorded in the Wallet and transferred from the Customer to a third party or from a third party to the Customer.
2.25. Payment Order - the Customer's order to carry out a Transaction executed electronically through the System.
2.26. Internal Policies - BinoMarket's internal documents governing the System, including the Anti-Money Laundering and Counter-Terrorist Financing Compliance Policy (AML Policy), Privacy Policy, Chargeback Policy, and others published on the Website.
2.27. Chargeback - a bank card payment cancellation procedure initiated by the cardholder through his bank.
2.28. Suspension of Account - suspension of all Transactions in all of the Customer's Wallets by BinoMarket in cases stipulated in Section 15.
2.29. Shell Bank - a bank registered in a jurisdiction in which it is not physically present and which is not affiliated with any financial institution subject to the relevant legislation.
2.30. Inactive Account - an Account which the Customer has not logged into for 1 year or more.
2.31. Digital assets - digital currency and/or tokens that (as a rule) have no central issuer and are distributed directly between the owners of such currency and tokens, designed to work as a medium of exchange that uses strong cryptography to secure Transactions, control the creation of additional units, and verify the transfer of assets (e.g., BTC, ETH, LTC, etc.).
2.32. Delisting - the termination of the specific coin/token listing agreement with the subsequent complete removal of this Digital asset from the Platform, with the cessation of support for Deposits, Withdrawals, and trading of the coin/token, as well as the possibility of storing these coins/tokens on the balance of BinoMarket Customers' Accounts.
2.33. Deposit/Depositing - an operation involving a transfer of Funds to the Customer's Account.
2.34. Fiat money - government-issued currency that is backed by the government and is designated as a legal tender on the legislative level in the country of issuance.
2.35. Order - the Customer's offer on the Platform to buy (acquire), sell (alienate), or exchange Digital assets on certain conditions.
2.36. Voucher - an alphanumeric redeemable code, which can be used to transfer Digital assets between the Accounts.
2.37. Withdrawal/Withdrawing - an operation involving a transfer of Funds from the Customer's Account.
3. General Provisions
3.1. To become a Customer and use the System Services, an Applicant has to create an Account in accordance with the procedures stated in Section 4.
3.2. The Customer shall have the right to:
3.2.1. Receive information about the System Services provided by BinoMarket, the provisions of the Offer, and the Internal Policies; access the System Services in accordance with the status of their Account and other restrictions provided by the Offer and the Internal Policies.
3.2.2. Receive technical and informational support in connection with the use of the System Services.
3.3. The Customer shall be obliged to:
3.3.1. Comply with the terms of the Offer and the Internal Policies.
3.3.2. Provide true, complete, and up-to-date data when registering in the System, undergoing the Verification procedure, when changing data in the System, as well as at the request of BinoMarket in cases stipulated by the Offer and the Internal Policies.
3.3.3. Not allow third parties to use their Account.
3.3.4. Take all reasonable measures to keep their Authorisation Data secret and not disclose them to third parties. The Customer shall be fully responsible for the integrity of their Authorisation Data and all risks associated with its loss and/or compromise.
3.3.5. Upon discovering a Transaction carried out without the Customer's consent, unauthorized access to their personal data, or loss of Authorisation Data, immediately notify BinoMarket via the Support Team.
3.3.6. Use a functioning device with Internet access.
3.3.7. Not use any malicious software on their computer (or any other data carrier); use only licensed software; work with the System on a computer that has the following installed: antivirus software with the database updated to date, the updated version of a browser, all necessary updates for the operating system and the software.
3.3.8. Not use the System for carrying out Transactions aimed at illegal profit-making or concealment of income from taxation.
3.3.9. Not use the System for purposes contrary to the provisions of the law of the country where the Customer is a resident; not engage in Prohibited Activities.
3.3.10. Avoid having a negative balance of Funds in their Wallet.
3.3.11. Be fully liable for any canceled, invalid, or disputed Transactions, including Chargebacks.
3.3.12. Not carry out Transactions involving shell banks.
3.4. BinoMarket shall be obliged to:
3.4.1. Provide the System Services to the Customers in accordance with this Offer and the Internal Policies.
3.4.2. Keep safe the Funds of the Customer deposited in the Account.
3.4.3. Execute the Customer's instructions for disposal of the Funds in the Account within the limits established by this Offer, the Internal Policies, and the applicable legislation.
3.5. BinoMarket reserves the right to modify the System Services provided, including software updates, procedures, and interfaces.
3.6. BinoMarket shall be entitled to suspend operation of the System in case of detecting malfunctions, in order to prevent unauthorized access to the System, as well as for preventive maintenance.
3.7. The Fees for the use of the System Services shall be charged in accordance with the provisions of Section 10 of the Offer.
3.8. BinoMarket shall monitor compliance with the Offer and the Internal Policies by the Customers. BinoMarket shall have the right to refuse to carry out Transactions in the cases specified in this Offer, any other supplementary agreement, the Internal Policies, or the applicable laws.
4. Anti-Money Laundering, Countering Financing of Terrorism, and Know Your Customer Policy
4.1. BinoMarket takes all necessary measures and uses the best standards to comply with all applicable laws and regulations regarding combating Money Laundering and/or Financing of Terrorism. BinoMarket will use reasonable efforts to detect and prevent persons involved in any criminal activity in any jurisdiction from using the Website.
4.2. In order to avoid and reduce possible risks of involving BinoMarket in any type of illegal activity, BinoMarket is acting in accordance with the AML/CFT Policy and in conformity with internal Anti-Money Laundering, Countering Financing of Terrorism, and Know Your Customer procedures (hereinafter - the “AML/CFT procedures”).
4.3. The AML/CFT Policy (procedures) of BinoMarket particularly covers the following matters:
Internal controls;
Compliance officer;
Training of personnel;
Verification procedures;
Monitoring, risk assessment, and risk-based approach;
Anti-Money Laundering, Countering Financing of Terrorism program audit.
4.4. If BinoMarket has reasons to believe that there is any suspicious activity (any third-party complaints on any suspicious activity) on the Account or conducted by the Customer and/or the Customer wishes to perform any suspicious Transaction, BinoMarket may, at its sole discretion: refuse provision of the Services; request additional information confirming the legitimate nature of the Transaction such as additional KYC verification, proof of funds, and/or photo/video verification, etc.; block the Customer’s access to their Account; terminate the Offer without prior notice to the Customer.
4.5. By agreeing to this Offer, the Customer confirms that they own Fiat money and/or Digital assets legally.
4.6. BinoMarket will not provide Services to Customers who are citizens/residents/entities of countries blacklisted by the FATF and other organizations, sanctioned persons, etc.
5. Registration, Verification, and Accepting Offer
5.1. The Applicant wishing to create an Account shall complete the Registration: fill in the registration forms on the Website, provide the registration data, and accept the terms of this Offer by clicking on the "Sign Up" button.
5.2. Acceptance of the Offer by the Applicant is considered to be the conclusion of a bilateral written agreement between the Parties.
5.3. By accepting this Offer, the Applicant confirms that they are acting on their own behalf and not on behalf or in the interests of third parties.
5.4. Upon Verification, in order to receive access to the System Services available to the Verified Accounts, the Customer must provide BinoMarket with all the necessary data as specified in the Internal Policies.
5.5. In case of not providing all the required data, or if any of the data provided is found to be incorrect, incomplete, or irrelevant, the verification has not been passed, and the restrictions for the Account shall be applied in accordance with the provisions of the Non-Verified Account.
5.6. Verification normally takes no more than 24 hours from the moment the Customer has provided the requested data. In some cases, if BinoMarket has a justified reason to carry out additional verification, the Verification may take more than 24 hours.
5.7. Verification shall be deemed completed when the Customer receives a confirmation email from BinoMarket to the email address specified by the Customer in the System. Upon completion of the Verification, the Customer shall have access to all the System Services available to the Verified Accounts.
5.8. The Customer shall notify BinoMarket of any changes to the data provided for Verification purposes in a timely manner, as well as provide up-to-date data within a reasonable period of time.
5.9. BinoMarket shall have the right at any time and at its discretion to ask the Customer to confirm that the documents and data provided are true, complete, and up-to-date and/or to provide additional supporting documents or information within 14 days.
5.10. If the Customer fails to submit the requested documents and/or data within the time limit indicated in clause 5.9, BinoMarket shall have the right to:
5.10.1. Cancel the Verification of the Account and apply the restrictions provided for Non-Verified Accounts.
5.10.2. Apply Suspension of the Account.
6. Account
6.1. After completing Registration in the System, an Account is created, and the Applicant becomes a Customer.
6.2. The Customer may add a Wallet for each of the available currencies. All Funds transferred to the Customer's Account are held in the Wallets in the relevant currencies.
6.3. Funds held in the Wallet are not limited in duration except as set out in Section 17 in respect of unclaimed funds; no interest will accrue thereon.
6.4. Limits on deposits, payments, and withdrawals may apply to the Wallet, depending on the type of Wallet and other factors taken into account by BinoMarket. These limits are defined in accordance with the Offer and are available on the Website.
6.5. The Customer may only use the Non-Verified Account for the purpose of obtaining Verified Account status.
6.6. The Customer can create a Personal Account. A detailed description of the functionality of the Personal Accounts can be found on the Website.
6.7. To create an Account, an individual must be at least 18 years old and have full legal capacity under their personal law. By creating a Personal Account, the Customer declares that they have attained the age of 18 years.
6.8. The Customer may create an Account only if it does not contradict the provisions of the laws of the country of residence or registration of the Customer. By creating an Account, the Customer declares and warrants to BinoMarket that the opening of such an Account by the Customer does not violate any laws or regulations applicable to the Customer. The Customer shall pay to BinoMarket the amount of any loss incurred by BinoMarket in the case of a breach by the Customer of the provisions of this clause.
6.9. Information on the Customer's Transactions with Funds and use of the Wallet shall be recorded and stored by BinoMarket for the duration of the agreement with the Customer and for a further five (5) years from the date of termination of this Offer and closure of the Account.
6.10. By initiating a new Transaction that changes the balance of the Funds in the Wallet, the Customer confirms their consent to the amount of the said balance. The Customer's consent is confirmed by pressing the relevant button, which initiates the sending of a new Payment Order.
6.11. Access to the Wallet and any Transactions using the Wallet are possible only after Authorisation.
6.12. The Login is formed by the System by default from the email specified by the Customer upon Registration or changed upon the Customer's request to the Support Team. The Password is created by the Customer independently. The Password is used for Authorisation.
6.13. The Customer is fully responsible for keeping their Authorisation Data secret. Any action in the Account taken using valid Authorisation Data shall be recognized as an action by the Customer.
6.14. After 10 failed attempts to enter the Authentication Data, the Account shall be suspended. In order to regain access to the Account, the Customer must contact the Support Team.
6.15. In the case of loss of the Authentication Data, the Customer shall apply to the Support Team with a request to restore access to the Account.
6.16. The Customer may close their Wallet at any time by contacting the Support Team. The closure of an individual Wallet does not entail the closure of the Account.
6.17. It is not permitted to create multiple Accounts for one person ("Multiple Accounts"). If Multiple Accounts are detected, BinoMarket has the right to automatically mark such Accounts as fraudulent and suspend the provision of the System Services for such Accounts.
7. Operations on the Account
7.1. All Funds legally transferred to the Account in accordance with applicable law and this Offer belongs to the Customer.
7.2. All operations on the Account are performed according to the Customer’s Orders made in the appropriate form on the Platform through the Customer’s Account.
7.3. To deposit Funds to the Account, the Customer needs to transfer the Funds according to the details specified by BinoMarket in the Customer’s Account. BinoMarket may request documentation to verify the source of Funds. In this case, BinoMarket will not credit and/or accept the Customer’s further Orders related to the appropriate Funds until BinoMarket is provided with the relevant documentation acceptable to BinoMarket.
7.4. The number of confirmations for the full Depositing of Digital assets to the Account may differ depending on the type of Digital assets (the necessary number of confirmations is determined solely by BinoMarket). BinoMarket may preliminarily display on the Account’s balance the Digital assets in the process of Depositing (before obtaining the necessary number of confirmations), but Digital assets will be unavailable for further Transactions (including Withdrawal) before receiving the necessary number of confirmations.
7.5. BinoMarket is entitled to set and change minimum/maximum limits for Depositing and Withdrawing the Funds at its discretion. BinoMarket will not be liable for not making any prior notices to the Customers regarding such changes.
In such case:
If the Account was deposited with an amount less than the minimum for Depositing, the Funds will not be deposited to the Customer’s Account on the Platform until the Customer has deposited an amount equal to or greater than the minimum Deposit Amount.
Amounts that do not meet the specified minimum Deposit Amount are cumulative and will be credited to the Customer's Account balance on the Platform when they are equal to or greater than the minimum Deposit Amount.
If the Account was deposited with an amount more than the maximum for Depositing, the operation may be investigated and considered by BinoMarket – as a result, the Funds shall be deposited or returned, unless otherwise required by AML/CFT regulations.
7.6. To withdraw the Funds from the Account, the Customer needs to pass the appropriate procedure using the appropriate functionality of the Account. BinoMarket reserves the right to add additional confirmation procedures related to Withdrawing the Funds.
7.7. The Platform may set some restrictions on the Withdrawal of the Funds and/or on the Transactions – prohibition to initiate the Withdrawal of the Funds and/or the Transactions earlier than a certain period after the change of the Customer’s profile/data in (bound to) the Account, including change or restoration of the password, as well as change of the authorization method. Also, the Platform or a financial institution (electronic money issuer, payment service provider, bank, etc.) may establish restrictions on the Withdrawal of the Funds for a certain period in case of Depositing the Account using certain methods (including reported/considered at the discretion of BinoMarket as bringing AML/CFT or security risks). Confirmed Withdrawal is irreversible and cannot be canceled.
7.8. BinoMarket is not entitled to initiate Withdrawal/Transaction of the Funds from the Customer’s Account without the relevant order of the Customer, except as otherwise stipulated by this Offer.
7.9. BinoMarket reserves the right to annul the appropriate Digital assets on the Customer’s Account in case they were delisted from the Platform if the Customer has not initiated their Withdrawal to an external wallet (address) within the period determined by BinoMarket.
7.10. Funds can be transferred with the purpose of making Deposits, performing Transactions, or Withdrawals using the services of third parties (financial institutions, etc.). In case the Customer deposits or withdraws the Funds using third-party services, the initiated operation is performed using the tools/assets/means used in accordance with the offers (terms and conditions) of the third party, accepted by the Customer, the service of which the Customer is using to perform the operation, provided that such terms and conditions are compliant with this Offer.
7.11. By initiating operations through the Platform using the services of a third party, the Customer grants the right and instructs to transfer to such third party information, including Personal data, necessary to perform the initiated operations using the tools/assets/means used in accordance with the offers (terms and conditions) of the third party, accepted by the Customer. Responsibility for operations performed using the services of a third party lies with the Customer.
7.12. BinoMarket does not bear any responsibility for the actions of such third parties. The Customer is solely responsible for the payment of all commissions and fees related to such transfer of the Funds and also assumes risks associated with the indication of incorrect payment details.
7.13. Cancellations and Refunds
After the Funds in Fiat money have been credited to the balance of the Customer’s Account, the services are deemed to be duly provided to the Customer.
If the Customer does not intend to make any exchange operations using the deposited funds, they can withdraw these Funds.
Once an Order to exchange Fiat money to Digital assets has been executed, it cannot be canceled or recalled.
All Orders are final and cannot be refunded once the Digital assets have been credited to the Customer’s Account. Once an amount of funds has been sent to the Customer’s Account, it cannot be recalled or retrieved under any circumstances.
If the Customer makes a Deposit in Fiat money and then exchanges the Fiat money to Digital assets, the transaction of Fiat money depositing cannot be recalled or retrieved under any circumstances. In this case, the services are deemed to be duly provided to the Customer.
BinoMarket's obligation towards the Customer will be absolutely discharged upon depositing the Digital assets to their Account, and the Customer shall have no claim or right against BinoMarket upon such Transaction.
8. Crypto Lending
8.1. Crypto Lending is an instrument that allows Customers to earn income by lending Digital assets to BinoMarket using one of the available plans. The plans differ by earning rates, lending periods, and the minimum/maximum lending amounts.
8.2. After the lending period in the chosen plan ends, the Customer’s Funds with the accrued earnings are transferred to the Customer’s Account.
8.3. The income is accrued in the Digital currency in which the plan was opened.
8.4. BinoMarket never recommends, endorses, advocates, or sponsors any of the Digital assets, cryptocurrencies, pairs or transactions, investments appearing on or made through the Platform. The Customer shall acknowledge the substantial risks associated with digital currency markets, transactions, investments (investment/assets management services).
8.5. The Crypto Lending section of the Platform may also contain information about third parties’ proposals (proposals of legal entities/teams managing Digital assets and/or legal entities/teams who created Digital assets, or providing third-party investments management/assets management services).
8.6. BinoMarket is not authorized and does not give any financial, tax, employment, legal, or investment advice. Any price information, quotes, forecasts, return estimates, or indications of past performance are for information purposes only and do not guarantee future performance and do not constitute an offer to buy or sell or any solicitation of an offer to buy or sell any Digital asset, cryptocurrency, pair, or other assets, nor to enter into any Transaction with Digital assets, cryptocurrency, or to use investment services. The Customer agrees that the Platform shall not serve as the primary basis for any decision to enter into any Transaction or to use third-party services, including those represented in the Crypto Lending section of the Platform, and BinoMarket shall not be, or be deemed to be, the Customer’s financial advisor or fiduciary. The Customer hereby acknowledges that any reliance upon any data or other content of the Platform shall be at the Customer’s sole and exclusive risk.
9. Orders and Transactions
9.1. The Platform allows the Customer to create (initiate) Orders to buy or sell Digital assets.
9.2. By creating (initiating) an Order, the Customer makes an offer to all other Customers to conclude a Transaction on the terms and conditions specified in the relevant Order. BinoMarket unilaterally sets the interface for creating (initiating) Orders, determines possible types of Orders, and which parameters of the Order shall be determined by the Customer who initiates it.
9.3. The Customer agrees that the Order may be executed both in full and in parts.
9.4. To create (initiate) an Order, the Customer shall have enough Funds on the Account to meet (to execute) their obligations corresponding with the Order (as well as other active Orders opened by the Customer).
9.5. The Customer recognizes that the Order should only be submitted after careful consideration and the Customer understands and accepts the consequences of its execution. The Customer agrees that as soon as the Order is executed, such Transaction is irreversible and may not be canceled. Transactions will be executed instantly upon the matching of the seller's and the buyer's Orders without prior notice to the seller and the buyer and will be considered to have taken place at the execution date and time.
9.6. The Customer acknowledges and agrees that in case the destination address is not specified and/or is incorrectly indicated and/or if the reference number (for example, memo) is incorrectly specified; and/or if the Deposit is made from the network (Token standard) which is not supported by BinoMarket; and/or if the Withdrawal is made to the network (Token standard) which is not supported by the recipient; and/or if the network (Token standard) is wrongly selected by the Customer; and/or if the wallet addresses are specified with the incorrect memo (Destination tag); and/or if other details of the Customer’s Transactions are specified incorrectly, the Customer may lose the Funds or it may cause a delay in the Order execution. In such cases, the Customer themselves bears responsibility for their inaccurate and incorrect actions and also carries the risk of losing Funds. BinoMarket in any case will not compensate for such losses.
9.7. BinoMarket may set a minimal and maximal Order amount and/or other restrictions (limits) for the trade Orders (operations). Restrictions (limits) may vary for each trading pair (and/or depending on other details).
9.8. The Customer can use a Voucher (if applicable on the Platform) to transfer Digital assets to/from the Account. The Voucher should be used before its expiration date set by BinoMarket. BinoMarket shall not be liable and shall not accept any liability, obligation, or responsibility whatsoever for any loss or damage arising from the Customer's use of the Voucher purchased from any third parties or acquired in any other way. To avoid doubts, the Customer is solely responsible for ensuring that the Voucher they acquired is genuine, valid, and redeemable.
9.9. All operations on the Customer’s Account, including those related to making Deposits, Withdrawals, creating/executing Orders, are displayed in the Customer’s Account.
9.10. A pending Order not canceled by the Customer who made it is valid until executed. Nevertheless, BinoMarket reserves the right to set time limits for pending Orders.
10. Rates and Procedures for Charging Fees
10.1. BinoMarket shall charge Fees for the Services provided to the Customer.
10.2. Information on the amount and manner of charging Fees is available on the Website when selecting the payment processing method.
10.3. BinoMarket has the right to unilaterally change the Fees. The changes shall take effect as from the date of their publication on the Website.
10.4. All Fees are calculated in the currency of the Transaction and rounded to the nearest whole number.
10.5. The System Services provided to the Customer by BinoMarket are not subject to VAT or any other turnover taxes.
10.6. All relevant Fees shall be debited from the Customer's Wallet by BinoMarket at the time of completion of the relevant Transaction in respect of which such Fees are charged.
10.7. If there are insufficient funds in the Wallet to charge a Fee, the System will block the Transaction in question.
10.8. When transferring Funds between Wallets denominated in different currencies, the exchange rate shall be calculated in accordance with the exchange rate published on the Website, plus a set Fee. The final exchange rate applicable to a Transaction is fixed at the time of the Transaction.
11. Personal Data
11.1. Data processing and storage are governed by the Privacy Policy, published on the Website as a separate document
12. Liability
12.1. If the Parties fail to perform and/or improperly perform their obligations under the Offer, the Parties shall be liable in accordance with the Offer, the Internal Policies, and applicable law.
12.2. The Customer shall pay BinoMarket a penalty in the amount of 0.1% (zero point one percent) of the outstanding obligation for each day of delay in the fulfillment of any obligation expressed in monetary terms as provided in the Offer. BinoMarket shall be entitled but not obliged to demand payment of the penalty.
12.3. The Customer undertakes to reimburse BinoMarket all amounts paid by the latter as compensation for damages in connection with the Customer's breach of the applicable law when using the System, subject to BinoMarket providing appropriate documentation confirming the amount of the losses incurred by BinoMarket.
12.4. The Customer shall be fully liable for all Transactions recorded on their Wallet, including any Transactions involving bank payment cards. Such Transactions also include Transactions carried out by third parties who have accessed their Wallet.
12.5. The Customer shall take full responsibility to become acquainted with the current legislation of the Customer’s residence, regulating the Account opening and money transfer Transactions via the System. BinoMarket shall not be liable for any breach of national laws by the Customer resulting from the use of the System. If a Customer’s use of the System and Services contradicts the laws of the Customer’s jurisdiction, such Customer should immediately stop using the Services.
12.6. The Customer shall be fully responsible for all risks associated with the use of the Internet in their interaction with BinoMarket, other Customers, and third parties.
12.7. The Customer shall not undertake any activity that misleads other parties about services offered by BinoMarket, which can directly or indirectly damage BinoMarket’s reputation, including but not limited to impersonating themselves as representatives of BinoMarket in any way or context, providing false data related to the System including but not limited to falsifying transaction IDs, wallet IDs, and any other data as text, screenshots, or any other media, creating clones of BinoMarket’s website, and other similar activities. In case of violation, BinoMarket reserves the right to suspend the Customer’s Accounts, freeze funds for the period of investigation, and limit the usage of the System in other ways. BinoMarket also reserves the right to pursue legal action in courts of applicable jurisdiction, including cases when this rule is violated by other parties that are not Customers of BinoMarket.
12.8. The Customer shall protect BinoMarket’s interests, reimburse BinoMarket’s losses, and pay compensations to BinoMarket as well as indemnify BinoMarket and its affiliates against any claims or damages, costs, or expenses (including expenses for legal support, penalties, or forfeits) resulting from violation by the Customer of this Offer or any applicable laws or regulations and/or use of the System. This provision shall survive termination of relations between the Parties.
12.9. If, through the Customer’s fault, a completed Payment serves as a ground for a payer to file a claim to BinoMarket for protection of their violated right, BinoMarket may demand that the recipient of the Funds reimburses losses resulting from collection of funds or other property from BinoMarket to the benefit of the payer.
13. Disclaimer
13.1. BinoMarket shall not be responsible to the Customer in the case of:
13.1.1. The Customer transfers their data to any third parties, deliberate provision of access to their Wallet in the System, or any other violation of the confidentiality of a Customer’s information caused by the Customer’s fault.
13.1.2. Illegal activities of any third parties, including those related to the use of the Customer’s registration data and a Customer’s email or the Authorization Details.
13.1.3. If there are viruses or other malicious software in the hardware and software used by the Customer to access the System.
13.1.4. Any disputes pertaining to any transactions between the Customers made via the System.
13.1.5. Violation of the current legislation by the Customer in relation to the use of the System as well as for the complaints pertaining to the Customer from tax, regulatory, and law enforcement authorities regarding any reporting documentation or taxation in relation to the Customer’s transactions involving the System.
13.1.6. If the Customer does not have access to software or hardware that ensures the use of the System.
13.1.7. If the Customer cannot be contacted using the Contact Details provided by the Customer, including due to the Customer providing incorrect information or failing to update such information in a timely manner.
13.1.8. Any payment services provided to the Customer by third parties.
13.1.9. Any actions taken by third parties whose websites the Customer visited following a link or information provided on the Website.
13.1.10. Temporary inoperability of the System, malfunctioning, and errors in the operation of hardware or software (including disconnection or damage of electricity supply and communication networks, software malfunctioning, interruption of mail services, Internet provider’s, payment system operations, disruption in other lines, channels, and/or networks that are provided, offered, or serviced by third parties, etc.) occurred not through BinoMarket’s fault; in this case, BinoMarket shall not bear responsibility for the Customer’s possible losses.
13.2. In the case of loss of Authorisation Data, blocking of the Wallet by the System, loss of Password by the Customer, Suspension of Account, or other events which cannot be resolved without Verification, BinoMarket is not liable for the inability to restore access to the Account due to the Customer losing access to their email or mobile phone number.
13.3. BinoMarket shall not be responsible for any damages and losses incurred by a Customer or by any third party as a result of:
13.3.1. Suspension of Account in accordance with this Offer or the requirements of the law.
13.3.2. Failure to pass the Verification.
13.3.3. Incorrect completion of Payment Orders to carry out the Transactions or completion by mistake.
13.3.4. Violation by the Customer of the established procedure for making Payments.
13.3.5. Provider’s or third parties’ compliance with legislative or regulatory requirements.
13.3.6. Failure to keep up to date with the current version of the Offer or the Internal Policies and other information published on the Website.
13.3.7. Impossibility to use a desired payment method at the Customer’s location.
13.3.8. Violation by the Customer of this Offer or Internal Policies, as well as BinoMarket’s instructions and guidelines.
13.4. In any event, BinoMarket’s responsibility to a Customer shall always be limited to the amount that does not exceed the amount of the Fees charged to such Customer for a period of the previous 3 months.
13.5. BinoMarket shall not be responsible for any indirect or consequential damages incurred by the Customer or any third parties, including any loss of profit, loss (forfeit, non-receipt, unsubstantiated spending) of revenue, income, contracts, customers, time, data, enterprise, or reputation.
13.6. BinoMarket provides the Customer Services “as is” at the moment, without any express, implied, or statutory representations or guarantees.
14. Communication
14.1. Communication between BinoMarket and the Customer shall take place via the Contact Details.
14.2. Communication between the Customer and BinoMarket can be conducted in English and Russian.
14.3. The Customer can contact BinoMarket at any time by sending an email to the address of the Support Team specified on the Website.
14.4. BinoMarket may inform the Customer of changes in the Services provided either by sending email notifications or by posting the updates on the Website.
14.5. The document flow between the Customer and BinoMarket shall be in electronic form via the Account. Moreover, the use of the Authorisation Details by the Customer shall be deemed by the Parties as a due and sufficient method of the Customer Authentication for the purposes of the document flow as well as for confirmation of authenticity and integrity of the provided electronic document, except for the cases provided for by the Offer or the Internal Policies. Entering the Customer’s Authentication Data shall be deemed by the Parties equal to the Customer’s handwritten signature.
15. Suspension of Account
15.1. BinoMarket has the right, at its own discretion, to unilaterally and without prior notification to the Customer, to apply Suspension of the Account in the following cases:
15.1.1. Objectively justified reasons relating to the security of the Account.
15.1.2. Suspicion of possible unauthorized access to the Account or use of the Account for fraudulent purposes.
15.1.3. The activities of the Customer are deemed suspicious or controversial to the Offer, other agreements concluded between the Customer and BinoMarket, Internal Policies, or the requirements of current legislation.
15.1.4. Requirement by a court order or command by a regulatory authority or by any applicable laws and regulations.
15.1.5. The Account is subject to a governmental proceeding, criminal investigation, or other pending litigation.
15.1.6. The Customer fails to confirm that their documents and data are accurate, complete, and up-to-date and/or provide additional documents or data upon request of BinoMarket.
15.1.7. The Customer created multiple Accounts in violation of clause 6.17.
15.1.8. The Customer's account is an Inactive Account.
15.1.9. The Customer's actions could damage the business reputation of BinoMarket or cause losses or other negative consequences for BinoMarket.
15.2. If there are funds in the Account at the time of suspension, the Customer must withdraw them within a reasonable time.
15.3. BinoMarket shall notify the Customer of the Suspension of the Account by electronic means, unless such notification is unlawful or constitutes a threat to BinoMarket's security.
15.4. BinoMarket shall lift the Suspension of the Account as soon as the reasons for such suspension have ceased to exist.
15.5. Suspension of the Account or termination of services shall not relieve the Customer of all obligations towards BinoMarket incurred prior to such suspension.
15.6. BinoMarket shall not be liable to the Customer for Suspension of Account.
15.7. BinoMarket reserves the right to keep transaction data or other information relating to such Suspended Accounts.
16. Term and Termination of Obligations
16.1. Indefinite Term. This Offer is concluded for an indefinite term and shall be in effect until terminated in accordance with the provisions stated below.
16.2. The Customer is entitled to terminate relations, including concluded agreements with BinoMarket, by deleting the Account at their discretion at any time if the Customer does not have any unfulfilled obligations to BinoMarket. The Account can be deleted in the relevant section of the Customer’s Account.
16.3. After the Customer initiates deletion of the Account, the execution of Transactions with the use of the Account shall be impossible. Any monetary obligations of the Parties created prior to the date of deletion of the Account shall remain until they are fully executed.
16.4. BinoMarket has the right to terminate this Offer unilaterally with at least 10 days' notification to the Customer's email.
16.5. BinoMarket may terminate the Offer and delete the Account without prior notification to the Customer in the following cases:
16.5.1. If the Customer declines to accept amendments to the Offer; it shall be terminated on the date of entry into force of such amendments.
16.5.2. At the expiry of the period of three years from the date of the Suspension of Account.
16.6. In case any funds remain on the Account of the Customer with whom the Offer is terminated, the Customer shall withdraw the remaining funds within a reasonable period of time, deducting the applicable fees, by indicating the payment details to BinoMarket.
16.7. Should the Account be terminated (deleted), the account and transactional information that meet data retention standards will be securely stored for 5 years in accordance with the requirements of the law.
17. Unclaimed Funds
17.1. Any unclaimed funds will be held by BinoMarket for a period of 3 years from the date of the Suspension of Account and/or termination of the Account, at the expiry of which time the Customer will be deemed to have waived any claim in respect of such funds. The Customer hereby agrees that upon expiry of such period, BinoMarket will be relieved of any further obligation to pay those unclaimed funds to the Customer.
18. Delisting Policy
18.1. BinoMarket is entitled to delist any coin/token from the Platform for any reason specified in the coin/token listing agreement. Having made such a decision, BinoMarket shall send a delisting notification to the coin/token issuer (or to the team/legal entity managing the appropriate project, or to the appropriate project owner(s), or to the person who was the initiator of listing) fourteen (14) calendar days prior to the start of the Delisting procedure.
18.2. BinoMarket makes the decision to delist a coin/token following criteria such as:
The coin/token is no longer supported by the team, issuer, community, etc.
Blockchain or related technology becomes compromised or defective or has serious technical or security problems/issues (including if it became known from public sources).
Due to the implementation of new regulatory standards and other compliance issues.
The coin/token faces significant legal issues related to compliance with applicable laws and regulations.
Violation of the BinoMarket Offer or the appropriate listing agreement.
In cases prescribed by the appropriate listing agreement.
Multiple complaints (or suspicious activity reports) related to the coin/token from the Customers.
If it is necessary to prevent and/or stop fraud, manipulation, security breaches, or other unlawful actions, hacking attacks.
18.3. The start of the Delisting procedure is marked by disabling Deposits and trading of the coin/token, specifying a time period for Withdrawal of the coins/tokens, and sending the Delisting notice to Customers that possess such coins/tokens on their Accounts.
18.4. BinoMarket will send the Delisting notices to Customers that have such coins/tokens on their Accounts about the coin/token Delisting by means of email notification and/or by social media post(s). Customers bear the sole responsibility for regularly checking updates on the coin/token Delisting.
18.5. BinoMarket shall give the Customers a certain time period, which will be specified in the Delisting notice to Customers, to withdraw coins/tokens from their BinoMarket Accounts to external wallets. The time period stated in the Delisting notice to Customers shall be 30 calendar days from the date of issuing. After the end of such period, Customers won’t be able to see the balance of the coin/token which is undergoing the Delisting procedure in the BinoMarket Customers' Accounts.
18.6. If the Customer does not withdraw the specified coins/tokens within the time period indicated in the Delisting notice, BinoMarket shall give them an additional 120 calendar days term (hereinafter - the “Penalty period”) to withdraw coins/tokens from their BinoMarket Account with an appropriate penalty that will be automatically charged by BinoMarket.
18.7. On the last day of the time period indicated in the Delisting notice, BinoMarket shall send the Final delisting notice to the Customers that still possess the coin/token which is undergoing the Delisting procedure by email notification. The Final delisting notice shall contain information on the amount of such coin/token on the BinoMarket Customer’s Account and information about the penalty that will be automatically applied in case the Customer doesn't withdraw such coins/tokens from their BinoMarket Accounts before the start of the Penalty period.
18.8. BinoMarket has the right and is freely entitled to remove the coin/token from the Platform after the expiration of the Withdrawal period specified in the Delisting notice to Customers. In that case, the technical support of the coin/token (as well as the technical possibility to keep coins/tokens on the wallet of the platform) is terminated, and all balances of Customers in the delisted coin/token will be annulled without compensation.
18.9. To withdraw the coin/token which is undergoing the Delisting procedure during the Penalty period, the Customer shall contact the BinoMarket Support Team via online chat or by creating a ticket on the BinoMarket Customer’s Account and follow its instructions.
18.10. During the Penalty period, BinoMarket applies an appropriate penalty which is 25% of the amount of the coin/token which is undergoing the Delisting procedure and which the Customer possesses on the first day of the Penalty period. BinoMarket charges such a penalty once every 30 calendar days from the start of such Penalty period.
18.11. During the Penalty period, once every 30 calendar days, BinoMarket shall send a notice about a penalty that will be automatically charged. BinoMarket shall send such notices till the end of the Penalty period or till the time the Customer’s balance in the coin/token which is undergoing the Delisting procedure is less than the minimum limits for Withdrawing or equal to zero.
18.12. BinoMarket has the right and is freely entitled to remove the coin/token from the Platform after the expiration of the Withdrawal period specified in the Delisting notice to Customers and the end of the Penalty period (if it was given to the Customer). In that case, the technical support of the coin/token (as well as the technical possibility to keep coins/tokens on the wallet of the platform) is terminated, and all balances of Customers in the coin/token which is undergoing the Delisting procedure will be annulled without compensation.
18.13. In cases where BinoMarket, due to technical or other changes or arising technical issues in appropriate blockchains (major technical issues or updates), can't guarantee the Withdrawal of the appropriate Digital assets (related to such blockchain) within 30 calendar days, BinoMarket reserves the right to shorten this period. In this case, BinoMarket shall issue no less than 3 (three) warnings to the Customers via email and/or via the official social media channels.
19. Amendments
19.1. BinoMarket may unilaterally amend this Offer by publishing the updated text on the Website.
19.2. BinoMarket shall notify the Customer of the upcoming amendments to this Offer by posting an informational message inside the Customer's Account no later than 2 (two) days before such amendments come into force. The Customer shall either accept or reject the amendments before the date of their proposed date of entry into force. The Customer shall notify BinoMarket of objection to the amendments via contacting the Support Team. In case the Customer objects to the amendments, the Offer shall be terminated on the date the amendments enter into force.
19.3. The amendments come into force when the amended version of the Offer is published on the Website or on the date the corresponding amended version enters into force if it is directly stated on the Website.
19.4. The use of the Services by the Customer shall be considered as the unconditional acceptance of the updated Offer.
19.5. Any appendixes to the Offer shall constitute an integral part of this Offer.
19.6. The Fees changes shall be effective immediately and shall not require prior notification.
20. Force Majeure
20.1. The Parties shall not be responsible for any delays in the performance or non-performance of the obligations, any expenses, including losses, and costs related to complaints by any third parties that may result from any acts of civil or military authorities, civil disturbances, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications, utility, Internet services or network provider services, acts or omissions of a third party, infiltration or disruption of the services by a third party by any means, including without limitation, DDoS attacks, software viruses, Trojan horses, worms, time bombs, or any other software program or technology designed to disrupt or delay the Services (each a “Force Majeure Event”). The Party experiencing the impact of any Force Majeure Event shall notify the other Party within 10 days after the commencement of such Force Majeure Event.
20.2. The provisions of clause 20.1 shall not limit or terminate the Customer’s obligations pertaining to making the returning Payments, as well as payment of any fines, penalties, fees, commissions, returning any goods, or (not) performing any works or services after the Force Majeure is over.
21. Other Provisions
21.1. This Offer and the relations between BinoMarket and the Customer arising from it are governed by the laws of Bulgaria.
21.2. All disputes between the Parties arising from this Offer shall be settled through negotiations. The basis for negotiations shall be either Party submitting a written complaint to the other Party. All complaints and claims shall be reviewed within thirty days of their receipt.
21.3. In case a dispute cannot be resolved by negotiations within the specified period of time, either Party may apply to a court. The courts of Bulgaria shall have the jurisdiction to settle any dispute arising out of or in connection with this Offer.
21.4. The choice of law and jurisdiction in clause 21.3 does not affect the mandatory rights of the Customer under the laws of the country of their residence.
21.5. A Customer shall not transfer any rights or obligations under this Offer to any third party without the prior written consent given by BinoMarket.
21.6. The invalidity or unenforceability of any provision of this Offer shall result in the exclusion of such provision without affecting the validity of the remaining provisions of the Offer.
21.7. This Offer comes into force the moment the Applicant clicks the "Sign Up" button during the Registration process.
21.8. The Customer acknowledges and confirms that all the provisions of the Offer are clear, and that the Customer agrees with the Internal Policies available on the Website, accepts them unconditionally, and shall comply with their provisions and requirements.
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