BinaryBook is owned and operated by Dastos KGH Ltd,The Financial Services Center, Stoney Ground, Kingstown Saint Vincent and the Grenadines VC0100.
Among other clearing and billing services providers, clearing and billing services are also done by Hermes Solution D.O.O., Golubovci B.B. 81000 Podgorica, Montenegro
1. General Terms
This contract explains the use of various conditions applied to the services available on the domain of binarybook.com (henceforth “Our Site”). Please feel free to use the customer support Live Person button located on the bottom-right of the page or to contact us by e-mail at [email protected] whenever you have a question.
Our website is accessible worldwide to anyone with internet access. Access to and use of our site is subject to the following terms and conditions.
BY USING AND ACCESSING OUR WEB SITE, YOU ACCEPT, WITHOUT LIMITATION, ALL OF THESE TERMS AND CONDITIONS.
BinaryBook Inc. (“BinaryBook”, “the Company”, “we”, “our”, “us”) reserves the right to change these Terms and Conditions at any time. Change of these Terms and Conditions will occur by mere posting of a new and modified version of the Terms and Conditions on our Site. By using our web site, you agree in advance that each use will be subject to the then applicable Terms and Conditions.
By using our web site you accept its Terms and Conditions and Privacy Statement set forth below. If you do not agree with these policies, please discontinue using this Site immediately.
2. Online Services Agreement
This Agreement is executed by and between Dastos KGH Ltd (the “company”), and the Client, a physical or legally entitled person, (the “Client”).
This Agreement applies to both the Site and trading platform, and to the electronic content and / or software currently contained on the Site that provides the customers with real-time information on exchange rates of currencies, and the program
transaction services relating to binary options trading or financial market trading via internet, telephone or fax, and any
other features, content or services that BinaryBook may add later (the “Services”).
3. Membership Eligibility
Services are available and reserved only for individuals or businesses that can establish a legally binding contract under the laws applicable in their country of residence. Without limiting the under mentioned terms, our Services are not available to people aged under 18 or who have not attained the legal age (“Minors”). If you are a minor, you cannot use this service. PLEASE DO NOT USE THIS SITE IF YOU ARE NOT LEGALLY QUALIFIED.
To avoid any doubt, we disclaim any liability for unauthorized use by minors of our Services in any manner or another. In addition, you are solely responsible for any decision you undertake.
Without derogating from the above-mentioned provision, we disclaim any responsibility for auditing and/or checking your level of knowledge and/or experience, and any liability for damages and/or loss suffered as a direct result and/or indirectly from your use of the Site. It is the same for any transaction and/or use of the Services. Without limiting the above-mentioned provisions, our Services are not available in areas where their use is illegal and BinaryBook reserves the right to refuse and/or cancel access to its Services to anyone at its sole convenience.
Currently the Company does not accept new clients and/or the opening of new accounts from certain jurisdictions including United States of America and Australia.
BinaryBook forbids any person using its trading platform to use any third parties intermediate, which includes any person, any devices or arrangements or any other means, to commit any fraudulent activities. This prohibition also applies to law infringement, interfering with affiliates or produce unsubstantial information in regards to the BinaryBook website. BinaryBook likewise will not tolerate the non-respect of rules and regulations, or any case of abuse of features on the website. The Company and/or Affiliates shall have its own basis of gauging fraudulent activities at its sole discretion.
5. Registration Information and Requirements
When registering, you will have to provide us with some specific identification information. You are responsible for the security of your account’s login and password with BinaryBook. You are solely responsible for any damage caused by reason of any act or omission resulting in improper or illegal use of your account.
You agree to provide accurate and complete information about yourself during the registration process and you also agree not to impersonate another person or entity, and not to hide your identity for BinaryBook for any reason whatsoever. If you register as a commercial entity, you declare that you have the required authority to bind that entity to this Agreement.
Also, note that BinaryBook maintains effective and transparent procedures for reasonable prompt complaint handling for existing and potential retail clients, and we keep records of complaints and measures taken for complaint resolution. The purpose of this procedure is to ensure fair and consistent dealing with client complaints whilst striving to provide the highest level of customer service.
6. Legal Restrictions
Without limiting the under-mentioned provisions, you understand that laws regarding financial contracts vary throughout the world, and it is your responsibility to make sure you properly comply with any law, regulation or guideline in your country of residence regarding the use of the Site. To avoid any doubt, the ability to access our Site does not necessarily mean that our Services and/or your activities through the Site are legal under the laws, regulations or directives relevant to your country of residence.
You hereby declare that the money in your account with BinaryBook does not come from drug trafficking, kidnapping or any other illegal or criminal activity.
7. Limited License
BinaryBook grants you a limited non-exclusive, non-transferable license to access and use the Site (henceforth “the License”). The License is subject to your compliance with the terms of this Agreement. You agree not to resell or make the Site available to any other person, and will not copy any documents contained on the Site for resale or for any other purpose without the prior written consent of BinaryBook.
To avoid any doubt, you will be liable and bound by any unauthorized use of the Site, in violation of this section. You agree to use all the information received from the information systems of BinaryBook for the sole purpose of performing transactions in the limits of the Site only.
You also agree not to use any electronic communication feature of a Service on the Site for any illegal, abusive, intrusive, obscene, threatening or hateful purpose, as well as harassment and vilification in the privacy of others. The license granted hereunder shall terminate if BinaryBook considers that any information provided by you, including your e-mail, is no longer current or accurate, or if you fail to comply with any terms or conditions of This Agreement and all rules and guidelines for each service. It will be the same if BinaryBook determines that you have committed a crime on the BinaryBook trading platform (including, without limitation, the conclusion of a transaction outside the market rates).
If such a violation occurs, you agree to cease accessing the Services. You agree that BinaryBook, in its sole discretion and with or without notice, may terminate your access to all or part of the Services, close any transactions, remove and discard any information or content within a Service.
8. Risk Disclosure
YOU AGREE TO USE THE SITE AT YOUR OWN RISK.
Without limiting the under-mentioned provisions, the Services provided on this Site are intended only to customers who are able to withstand the loss of any money they invest and who understand the risks and have experience in taking risks in financial markets. The possibility exists that you could endure a loss of some or all of your initial investment and hence you should not invest money that you cannot afford to lose. You should be aware of all the risks related to binary options trading, and solicit advice from an independent financial advisor in case of doubts.
9. Financial Information
Through one or more of its Services, BinaryBook can offer you a wide range of financial information that is generated internally from agents, suppliers or partners (henceforth “Third Party Providers”). This includes, but is not limited to financial market data, quotes and news, analyst opinions and research reports, graphs and data (“Financial Information”).
The Financial Information provided on this Site is not an intentional investment advice. BinaryBook offers Financial Information only as a Service. BinaryBook and its Third Party Providers do not warrant the accuracy, timeliness, completeness or correct sequencing of the Financial Information, or results of your use of this financial information. The financial information may promptly become unreliable for various reasons, including, for instance, changes in market conditions or economic circumstances. Neither BinaryBook nor its Third Party Providers are required to update the information or opinions included within the Financial Information, and we can interrupt the flow of Financial Information at any time without notice.
It is your responsibility to verify the reliability of the information on the Site and its suitability for your needs. We exclude all liability for any claim, damage or loss of any kind caused by information contained in the Site or referenced by the Site.
BinaryBook may offer a link to other websites that are provided or controlled by Third Party Providers. Such link to a site or sites is neither an endorsement or an approval nor a sponsorship or an affiliation to such site, its owners or its suppliers. BinaryBook hereby implies that you understand the risks associated with the use of such sites before retrieving, using or purchasing via the internet.
Links to these sites are provided solely for your convenience and you agree not to hold BinaryBook responsible for any loss or damage due to the use or reliance on any content, products or services available on other sites.
BinaryBook makes use of external worldwide service providers in order to supply the best and comprehensive service during all trading hours. such services should be considered as BinaryBook services directly. For privacy and personal safety, personal may make use of alias names, typically more easily pronounced anglo saxon names.
11. Trading Cancellation
BinaryBook reserves the right in its sole discretion, to refuse or cancel Services, and/or refuse to distribute profits to any person for legitimate reasons, including, without limitation:
- If BinaryBook has reason/s to believe that a person’s activities on the Site may be illegal.
- If BinaryBook may be harmed by any fiscal or pecuniary damage due to anyone’s activities.
- If BinaryBook considers that one or more operations on the Site were made in violation of this Agreement.
- If BinaryBook concludes that the Cancel Feature has been abused by the trader.
12. Cancel Feature
The BinaryBook Cancel Feature gives traders the opportunity to cancel a position three (3) seconds before executing a transaction.
However, there are some rules to follow in regards to the Cancel Feature Abuse. If a trader abuses of this system, i.e, if a client cancel positions exceeding more than 20% of executed transactions, it will be considered as Abuse.
BinaryBook has the right to invalidate a transaction that has traits of the Cancel Feature Abuse, disable the feature, discard the gained profits or suspend the trader’s account on the ground of the Cancel Feature Abuse.
BinaryBook’s finance department supervises every withdrawal request submitted. Note that for any withdrawal request, you should assure that your trading account is fully compliant, i.e, you have provided the requested documents to BinaryBook’s Compliance Department. In case of late submission of the required documents, your withdrawal procedures will be delayed. BinaryBook reserves the right to charge a fee for any withdrawals request.
The withdrawal charges are as follows:
- Wire Transfers- 50 USD/GBP/EURO
- Credit Card-25 USD/GBP/EURO (Note that a Processing Fee is also applicable for credit card withdrawals)
- Processing Fee for Credit Cards:
- USD- 10 or
- GBP- 5 or
- EUR- 7
- Processing Fee for Credit Cards:
- E-payments- 25 USD/GBP/EURO
Basically, the Minimum Amount that can be withdrawn are as follows:
- Credit Card- 100
- Bank Wire Transfer- 250 (note that a profit of at least 250 should be obtained in order to use this withdrawal method)
- E-Wallet- 100
Basically, if a trader wants to withdraw a minimum of $250 by bank wire transfer, he/she will have to pay an additional charge of $50 as per BinaryBook’s terms and conditions. There are no limits to the amount you can withdraw from your trading account. Nevertheless, your withdrawal request should be aligned with BinaryBook’s terms and conditions, matching your trading volume. However, in the case of withdrawal requests by Credit Card, the maximum withdrawal amount cannot exceed $20k. The Credit Card limits are as follows:
- 3 cards per account
- 10 transactions per card
- $50k maximum amount withdrawal per card per month
Likewise, BinaryBook charges a tariff of 10% if your trading account has not crossed a turnover of 200. This tariff is also valid when you request for a withdrawal but your account has not been verified. When a withdrawal request is submitted, BinaryBook may take up to 14 business days to process the request. When your application is approved please wait for 5 to 7 additional days before seeing your funds in your account.
Equally, note that BinaryBook requires telephonic approval to finalize the withdrawal procedure. But as explained, no withdrawal will be processed in instances where compliance documents are missing and where a trading account has been termed as fraudulent.
Also note that for any withdrawal request, traders should provide documents or any other type of identification confirmation (i.e. identity card, driving license or passport photo) in case Compliance Documents have not been previously submitted. Our finance department handles all submitted withdrawal requests.
Moreover, BinaryBook uses the ‘source to source’ policy when processing withdrawals. This signifies that if a trader has used a specific method to deposit funds in his/her trading account, the same payment technique will be used to process the withdrawal. For instance, if a trader uses Bank Wire Transfer to fund his/her trading account, upon withdrawing profits, the same method should be used i.e through Bank Wire Transfer itself. However, profits can be transferred by Bank Wire Transfer upon specific request by a trader.
In the event that your trading account has been alleged with any kind of fraudulent activities or arbitrage, your account will have to undergo close investigation. During this specific period, you shall receive only 10% of your withdrawable capital on a monthly basis, excluding any trading benefits associated to the account as from when the investigation has started. Following the completion of the enquiry, the remaining withdrawable amount will be transferred to your account. If ever, your trading account has been termed as fraudulent, sanctions will be taken. Please refer to the Fraud and the above section of the Terms and Conditions.
Furthermore, refunds are carried out in terms of Bonuses, i.e the refunded amount cannot be withdrawed unless the conditions specified in BinaryBook’s Bonus Policy are met.
14. Bonus Policy
BinaryBook reserves the legal right, but is in no way required to, offer bonus programs (i.e. “bonuses”, “promotions” and “benefits”) to new and regular Customers, to set the conditions of these programs and / or change them without notice to the Customer.
Any bonus programs that are provided by BinaryBook are held under the following terms and conditions:
- Bonus programs are only available to Traders who are Fully Compliant, i.e those who have met BinaryBook’s KYC Guidelines.
- All bonus programs are valid for a limited period of time and can be subject to change without prior notice by the Company.
- A received bonus earning will be added to the Customer’s account as credit, and is intended for trading purposes only – and it can be used immediately.
- For each granted bonus credit, transaction(s) with a total value greater than or, at least, equal to Sixty (60) times the bonus earning are required. Any value below these terms will, under no circumstance, be redeemable and will be returned to BinaryBook.
- At least one deposit of 250 USD/EUR/GBP is required to withdraw any bonus earnings.
- The bonus credit will be partially settled and converted into withdraw-able funds instantly after closing each trade, regardless of its amount.
- Withdrawal requests are processed within Fourteen (14) Business Days from receiving all required information from the customer.
- A client will not be eligible to withdraw his funds only after completing 100% from the bonus requirements.
- A client will only be eligible to withdraw his profits only after completing 100% from the bonus requirements.
In addition, for any “Risk Free/Insured Trades” involving any loss(es), BinaryBook will refund the Customer with bonus funds that will automatically be added to his/her trading account. However, the Customer hereby acknowledges, agrees and understands, that if he/she withdraws, at any point, his/her initial deposit money, BinaryBook reserves the right to cancel the “Risk Free/Insured Trades” offer and all losses will be removed from the Customer’s account.
In instances where you receive profits after your withdrawal process has been successfully executed, BinaryBook reserves the right to credit your bank account via Bank Wire Transfer. Please note that for a Bank Wire Transfer, the minimum amount that can be processed is of 250.
The terms and conditions of our bonus policy related to the turnover target, equivalent to minimum 60 times the value of the bonus amount, apply only to Binary Options trading. FX/CFD & Ladder option trades will not be included as part of the turnover.
If you have any questions about our Bonus Terms and Conditions, please contact us. One of our customer service representatives will be happy to assist you.
15. Dormant Account Policy
A trading account will be classified as dormant if it is inactive for a period of 30 days. BinaryBook shall make a monthly review of those accounts in which there is no activity (i.e. no transaction have been placed after funding the account for an extended period of time of 30 days). BinaryBook hereby reserves the right to temporarily freeze the account. To revive the trading account, A charge of 3% foe every in active month will be levied, And, clients should place a minimum of 5 transactions and additionally contact the Support Department to complete the formalities which will essentially consist in reviewing the KYC documents.
16. Trading Competitions
BinaryBook regularly hosts trading competitions enabling traders to compete and win the set prizes. These competitions might be organized on a weekly/monthly/yearly basis based on events. Prizes are mostly offered in terms of bonus that are credited into the winners’ accounts. The bonus follow the general bonus terms and conditions stated.
17. Limited Liability
We are committed to ensure continuity of the Services on the Site. However, we assume no responsibility for any error, omission, deletion, interruption, delay, defect, in operation or transmission, communications line failure, theft or destruction or unauthorized access or alteration of the Site or Services. We decline responsibility for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, hardware or software, or any technical failure because of technical problems or traffic congestion on the internet, the Site or any Service.
To the extent permitted by applicable law, in no event shall we be liable for any loss or damage arising from use of the Site or Services for any content posted on or through the Site or Services, or the conduct of all users of the Site or Services, whether online or offline.
IN NO EVENT, BINARYBOOK, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER TO YOU, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, THE QUALITY OF THE USEFULNESS OF INFORMATION PROVIDED THROUGH OR AS PART OF THE SITE OR ANY INVESTMENT DECISION MAKING ON THE BASIS OF THE INFORMATION, WHETHER THE DAMAGES WERE PREDICTABLE OR NOT AND WHETHER OR NOT BINARYBOOK HAS BEEN ACQUAINTED WITH THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL THE BINARYBOOK CUMULATIVE LIABILITY GIVEN TO YOU EXCEED THE AMOUNT OF MONEY YOU TRANSFERRED OR DEPOSITED IN YOUR ACCOUNT ON THE SITE IN CONNECTION WITH THE TRANSACTION GIVING RISE TO SUCH LIABILITY.
18. AML Procedures
Prohibited Uses: It is prohibited to abuse this Site for money laundering purposes.
BinaryBook employs best practices against anti-money laundering activities. BinaryBook reserves the right to refuse and to terminate any business relationship, and to cancel any operation of customers who do not comply with the requirements of anti-money laundering:
- Online traders should provide all information required for registration.
- The earnings will be paid to the person who first registered for an account online.
- When a customer maintains an account through wire transfers, the gains will be distributed to the sole owner of the originating bank account. When you make deposits in this way, it is the responsibility of the live trader to ensure that the trader’s account number and the registered name of the account owner accompany every transfer to BinaryBook.
- When you fund your account using a credit card or debit card, the winnings will be distributed solely to the person whose name appears on the card used to make the deposit and will not be reimbursed on the same card.
- Only one account is allowed per person. No gains can be levied on accounts opened under false names or multiple accounts opened by the same person.
- Binarybook may, from time to time at its sole discretion, require from a customer to provide additional proof of identity such as a notarized copy of passport or other means of identity verification as deemed necessary and may, at its sole discretion, suspend an account until the required proof is provided.
19. Intellectual Property
Every content, trademark, service mark, trade name, logo and icon are the property of BinaryBook or its affiliates or agents and are protected by law and international treaties and provisions relating to copyright. You agree not to remove copyright notices or other indications of protected intellectual property rights of any material you print or download from the Site. You will not obtain intellectual property rights, or any right or license to use such material or the Site, other than those set forth herein.
Images displayed on the Site are the property of BinaryBook. You agree not to upload, post, distribute or reproduce any information, software or other material protected by copyright or other intellectual property right (including rights of publicity and privacy) without first obtaining permission from the copyright owner and without prior written consent of BinaryBook.
You agree to defend and indemnify BinaryBook and its officers, directors, employees, and agents and to hold them harmless from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of / or in any way connected with your access to and/or use of the Site or Services; violation of any of the terms in this Agreement; or breach of any applicable laws or regulations.
21. Term and Termination
Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, the Company may terminate this Agreement with immediate effect by giving at least seven Business Days Written Notice to the Client. The Client shall have the right to terminate this Agreement with immediate effect by giving at least seven Business Days Written Notice to the Company.
Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
Once notice of termination of this Agreement is sent and before the termination date:
(a) The Client will have an obligation close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open Positions at current prices;
(b) The Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) The Company will be entitled to refuse to accept new Orders from the Client;
(d) The Company will be entitled to refuse to the Client to withdraw money from the Trading Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
Upon Termination any or all the following may apply:
(a) The Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances;
(b) The Company has the right to close the Trading Account(s);
(c) The Company has the right to convert any currency in the Trading Accounts;
(d) The Company has the right to close out the Client’s Open Positions;
(e) In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favour, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any Nominee or/and any Custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s Instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect thirty party payments. In the event that the Client fails to provide instructions or the Client cannot be reached at his last known address, the Company shall forward such funds (at its sole discretion) directly to his bank account as notified to us or by way of a check sent by mail to the address recorded in his Registration Data. It is the Client’s responsibility to update his Registration Data, the company having no liability towards the Client for any lost money.
22. General Clause
BinaryBook will not be liable in any way to any persons in the event of force majeure, or for the act of any government or legal authority.
In the event that any provision in this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
The failure of a party to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
BinaryBook may assign this Agreement or any rights and/or obligations hereunder without your consent.
BinaryBook may amend the terms of this Agreement from time to time by posting the amended terms on its Site. You are responsible for checking whether the Agreement was amended. Any amendment shall come into force as of the day it was published on the Site. If you do not agree bound by the changes to the terms and conditions of this Agreement, do not use or access our Services and inform us in writing immediately.
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