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Binance (Jersey Exchange) Limited Terms of Use

This agreement is between you and the service operator, Binance Jersey Exchange Limited, further in this document referred to as “the Company”. By using any services made available through the Company website (https://www.binance.je), or Over-the-counter (“OTC”) desk, you agree that you have read, understood and accepted all of the terms and conditions contained in these terms of use “the Terms of Use”, as well as our Privacy Notice. As this is a legally binding contract, please carefully read through these Terms of Use and related notices before using any of our services. By registering, accessing or using the Company’s services, you have agreed to the terms and conditions as laid out in these Terms of Use. Should you disagree with any condition of these Terms of Use, please proceed to deactivate your account and stop the usage of the Company's website and any of its services immediately.

For more information on the Company, you can refer to the Contact Us section of our website or the Contact Us section of these Terms of Use.

Conditions

The Company reserves the right to modify or change the terms and conditions of these Terms of Use at any time and at its sole discretion. If you do not agree to the updated Terms of Use, you must stop using the platform. The Company will provide appropriate notice of the updated terms – if you do not agree to the updated terms, the Company will provide you with the opportunity to terminate your account and relationship with the Company.

Any and all modifications or changes to the Terms of Use will be effective immediately upon being announced on the website or released to users. As such, your continued use of the Company’s services acts as acceptance of the amended Terms of Use.

Eligibility

By registering to use the Company's services, you have affirmed that you are at least 18 years old are an individual, a legal person or other organization with full legal capacity to enter into these Terms of Use between you and the Company. If you are a personal account user, you warrant to the Company that you are acting on your own behalf. If you are registering to use the Company’s services as a legal entity, you warrant that such legal entity is duly incorporated/established and in good standing under the applicable laws of the jurisdiction of its incorporation and the representative of such registered legal entity is duly authorized by the former to act on its behalf.

If you are not, you and your guardian shall undertake all consequences resulting from your actions and the Company shall have the right to cancel or freeze your account in addition to filing claims against you and your guardian for compensation.

Prohibition of Use

By accessing and using the Company and any of its services, you acknowledge and declare that you are not on any trade or economic sanctions lists, such as the United Nations Security Council Sanctions List and its equivalent. The Company maintains the right to select its markets and jurisdictions to operate and may restrict or deny its services to certain countries (the “List of Restricted Jurisdictions”).

You further represent and warrant that you have not been previously suspended from using the Company services and have the authority to enter into these Terms of Use and in doing so will not violate any other agreement to which you may be a party; you are not subject to any freezing order or other interdiction or restriction of any kind under applicable law entering into transactions or owning and disposing of assets and you will not use the Company services in breach of any applicable laws your country of residence or incorporation.

The Company maintains its stance that prohibited users are not to use or access the Company’s platform and any of its services.

Description of Services

The Company provides an online digital asset trading platform for products commonly known as cryptographic tokens, digital tokens or cryptographic currency. The Company functions as a trading platform provider as well as over-the-counter (“OTC”) trading services with clients. Traders must register and open an account with the Company and deposit digital assets to their account prior to commencement of trading. Traders may request the withdrawal of their digital assets, subject to the limitations as stated in these Terms of Use.

The Company strives to maintain the accuracy of information posted on its website however it cannot guarantee the accuracy, suitability, reliability, completeness, performance or fitness for purpose of the content through the website, and will not accept liability for any loss or damage that may arise directly or indirectly from the content. Information on the Company’s website that is different from any legally binding Terms of Use, Privacy Notice, or else information pertaining to the agreement between the user of services and the Company, can be subjected to change without notice and is provided for the primary purpose of facilitating users to arrive at independent decisions. The Company does not provide investment or advisory advice and will have no liability for the use or interpretation of information as stated in its website or other communication mediums. All users of the Company’s services must understand that there are risks involved in trading. The Company encourages all users to exercise prudence and trade responsibly within their own means.

While the Company emphasizes platform security to ensure the continuity and security of its services (announcements will be made in event of downtime/maintenance), it will be non-accountable to Act of God, malicious targeted hacking, terrorist attacks and other unforeseen circumstances. The Company reserves the right to cancel, rollback or block transactions of all type on its platform in event of abnormal transactions. The Company will not ask for any password from its users nor ask users to transfer funds that are not listed on its trading platform. Users are encouraged to exercise prudence in dealing with discounts or promotions that could lead to them getting scammed. While the list is non-exhaustive, you agree that the Company will not be held responsible for any losses arising from the situations stated above.

By using the Company and any of its services, you declare that all information you have provided to the Company in connection with these Terms are true, accurate and complete.

Account Registration & Requirements

Registration

To register a trader account you must to go to our website https://www.binance.je and click on Register. We will ask you to provide an email address and set up a personal password.

In order to continue with the registration process, you must first verify the email address you have submitted upon creating your account. Provided that your email is verified we will prompt you to provide additional identification data upon next login. Before opening an account, we will ask you to read and accept our Privacy Notice and these Terms of Use. Depending on certain conditions and in our sole discretion, we may refuse to open an account for you.

User Identity Verification

With registration of an account on the Company’s website, you agree to provide personally identifiable information requested for the purposes of identity verification. This information is processed, held and shared in accordance with our Privacy Notice.

Where you provide information on behalf of a third party, you warrant and represent that you have obtained all necessary consents from each individual for the disclosure of their personal data to the Company and that you have provided a copy of our Privacy Notice to them.

In providing information, you confirm that it is accurate and authentic. Post-registration, you must guarantee that the information is truthful, complete and update in a timely manner with any changes. If there is any reasonable doubt that any information provided by you is wrong, untruthful, outdated or incomplete, the Company shall have the right to send you a notice to demand corrections, remove relevant information directly and, as the case may be, terminate all or part of the services rendered to you. You shall be solely and fully responsible for any loss or expenses incurred during the use of the Company services if you cannot be reached through the contact information provided. You hereby acknowledge and agree that you have the obligation to keep all information provided up to date if there are any changes.

Account Usage Requirements

The accounts registered with the Company can only be used by the person whose name they are registered under. The Company reserves the right to suspend, freeze or cancel accounts that are used by persons other than the persons whose names they are registered under. Accordingly, the Company will not take legal responsibility for these accounts.

Account Security

The Company prioritizes maintaining the safety of those user funds entrusted to us and has implemented industry standard protections for our platform. With that said, there are account-level risks that are created by individual user actions. We request that you understand the need to independently take safety precautions to protect your own account and personal information.

You shall be solely responsible for the safekeeping of your account and password on your own, and you shall be responsible for all activities under your log-in email, account and password (including but not limited to information disclosure, information posting, consent to or submission of various rules and agreements by clicking on the website, online renewal of your agreement to these Terms of Use, etc.).

You hereby agree that:

a) you will notify the Company immediately if you are aware of any unauthorized use of your account and password by any person or any other violations to the security rules;

b) you will strictly observe the security, authentication, dealing, charging, withdrawal mechanism or procedures of the website/service; and

c) you will log out from the website by taking proper steps at the end of every visit.

d) The Company will not be responsible for any loss or consequences caused by your failure to comply with the above Account Security provision.

Customer Support, Questions and Dispute Resolutions

For any feedback, questions, or complaints, contact us at: https://support.binance.je/hc/en-us/requests/new.

Any offer of resolution made to you will only become binding on us if accepted by you. An offer of resolution will not constitute any admission by us of any wrongdoing or liability regarding the subject matter of the complaint.

The Company reserves the right to resolve disputes at its own time and disclosure. Such disputes may refer to infringement of others’ rights, violation of laws and regulations, abnormal trades and others not explicitly mentioned in the Terms. You agree to bear the costs arising from the process of any dispute resolutions.

Guidelines for Using the Company’s Services

You hereby agree to observe the following covenants during your use of services provided by the Company:

· All the activities that you carry out during the use of the Company’s service will be in compliance with the requirements of applicable laws, regulations, as well as the various guidelines of the Company;

· will not be in violation of public interests, public ethics or other’s legitimate interests;

· will not constitute evasion of payable taxes or fees and will not violate these Terms of Use or relevant rules.

If you violate the foregoing promises and thereby cause any legal consequence, you shall independently undertake all of the legal liabilities in your own name and indemnify the Company from all actions, claims, or costs arising from such violation. You will not use any data or information displayed on the site for commercial purposes without the prior written consent of the Company. You will use the site in accordance with the Terms of Use and Privacy Notice, without taking acts of unfair competition nor attempting to intervene with the normal operation of the Company. Examples of such malicious acts include, but are not limited to

· using a device, software or subroutine to interfere with the site;

· overloading network equipment with unreasonable data loading requests;

· executing malicious sales or purchases on the market.

By accessing the Company service, you agree that the Company shall have the right to unilaterally determine whether you have violated any of the above covenants and take actions to apply relevant rules without receiving your consent or giving prior notice to you. Examples of such actions include, but are not limited to

· block and close order requests;

· freezing your account;

· reporting the incident to authorities;

· publishing the alleged violations and actions that have been taken; and

· deleting any information you published that is in violation.

If your alleged violation causes any losses to a third party, you shall solely undertake all the legal liabilities in your own name and hold the Company harmless from any loss, fine or extra expenses. If, due to any alleged violation the Company incurs any losses, is claimed by any third party for compensation or suffers any punishment imposed by any administrative authorities, you shall indemnify the Company against any losses and expense caused thereby, including reasonable attorney’s fee.

Service fees

The Company reserves the rights to levy service fees on users who use its services. It is in the discretion of the Company to adjust the service fees charged to users using its services. You may find a link to the Company’s fees published on our website.

Indemnification

You agree to hold harmless, defend and indemnify us, our affiliates, our parent companies, and subsidiaries, and each of our or their respective officers, directors, agents, employees, representatives, and permitted assignees against any and all any losses, damages, costs, liabilities and expenses that have been reasonably incurred in connection with any claims or damages arising out of or related to your breach and our enforcement of these Terms of Use. This shall also apply to your violation of any applicable law, regulation, or rights of any third party during your use of the Binance (Jersey Exchange) Limited services.

Limitation of Liability

You acknowledge and agree that the Company shall not be liable for any of your losses caused by any of the following events, including but not limited to:

· Losses of profits, goodwill, usage or data or any other intangible losses;

· Use or failure to use the Company’s service;

· Unauthorized use of your account or unauthorized alteration of your data by third parties;

· Your misunderstanding of the Company service; and

· Any other losses related to the Company service which are not directly attributable to the Company.

The Company and its affiliates shall not be liable for damages of whatever kind or nature, including indirect, moral consequential, special or exemplary damages, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, including, without limitation, damages to the user’s hardware, device, device’s software or data; losses or damages arising out of or relating to any inaccuracy, defect or omission of crypto assets price data; system errors; deletion or loss of files; errors or delays in transmission of instructions, data or other information; any interruption in any such data; any failure of either the Company’s server or the internet; inaccessibility and/or failure to access the site or online trading platform; or any damages sustained to your computer equipment, damages for loss of income or earnings that the user may suffer arising out of or relating to the use, inability to use or non-use of the services and any loss suffered or incurred by the user or any event beyond the Company’s reasonable control.

Except as otherwise provided for in these Terms of Use, neither we, nor our parent companies, subsidiaries, affiliates, nor any of our or their respective officers, directors, agents, employees or representatives, will be liable for any amount greater than the combined value of the crypto asset on deposit in your crypto wallet at any given time. Where we are considering a specific claim relating to a specific transaction this sum shall be further limited to the amount of the transaction in dispute.

Nothing in these Terms of Use shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, deliberate misconduct, or for death or personal injury resulting from our negligence.

The Company will provide its service at an “as is” and “commercially available” condition and does not offer any form of warranty with regards to the service’s reliability, stability, accuracy and completeness of the technology involved. The Company serves merely as a venue of transactions where coin-related information can be acquired, and coin-related transactions can be conducted. The Company cannot control the quality, security or legality of the coin involved in any transaction, truthfulness of the transaction information, or capacity of the parties to any transaction to perform their obligations under the rules. You must carefully consider the associated investment risks, legal status and validity of the transaction information and investment decisions prior to your use of the Company services provided.

For the avoidance of doubt, this limitation of liability section shall survive the termination of these Terms of Use and shall apply, with full force and effect, in perpetuity for the benefit of the parties, and any other entity that is or becomes the owner of the services, whether such ownership occurs through a sale, merger, other transaction or by the operation of applicable law.

Force Majeure

We shall not be liable for any loss or delay or failure in performance of any part of these Terms of Use or our Services for any cause beyond our reasonable control including, without limitation, acts of God, acts or omissions of civil or military authority, government restrictions or regulations, embargoes, epidemics, wars, terrorist acts, riots, insurrections, strikes, industrial or labour disputes of any kind, fires, explosions, earthquakes, floods, accidents, compliance with any statutory, regulatory or legal obligation, act of sabotage, major environmental disturbances, unusually severe weather conditions, exchange or market disruption, suspension of trading, periods of abnormal or unusual market activity, unanticipated dealing volumes, inability to communicate with market makers, telecommunication failure, energy failure, internet outages, cyber-attacks, viruses or hacking, or any other cause outside our reasonable control.

In no event shall the Company be liable for any failure or delay of service resulting from regular network maintenance or external factors such as power failure, natural disaster, service provider-side problems or governmental acts.

Risk Disclosure

You acknowledge and warrant that you are entering into an agreement with the Company with the intention of using its services at your own risk. You confirm that you are aware that the risk of loss in trading or holding crypto assets can be substantial. The price volatility of crypto assets is outside the Company’s control. Any profit or loss arising as a result of a fluctuation in the value of the respective crypto asset will be entirely for your account and risk. The Company shall not be responsible for any losses incurred by you as a consequence of your own trading decisions in respect of crypto assets.

Announcements

Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on our website where we urge all users to refer to regularly. The Company will not be held liable or responsible in any manner of compensation should users incur personal losses arising from ignorance or negligence of the announcements.

Termination of these Terms of Use

You agree that we have the right to immediately suspend your account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the funds in all such accounts, and suspend your access to our service if we suspect any such accounts to be in violation of the Terms of Use, Privacy Notice acts or any applicable laws & regulations. The Company shall have the right to keep and use the transaction data or other information related to such accounts. The above account controls may also be applied in the following cases:

· The account is subject to a governmental proceeding, criminal investigation or other pending litigation;

· We detect unusual activity in the account;

· We detect unauthorized access to the account; and

· We are required to do so by a court order or command by a regulatory/government authority.

In case of any of the following events, the Company shall have the right to directly terminate any agreement pursuant to these Terms of Use by cancelling your account, and shall have the right to permanently freeze (cancel) the authorizations of your account and withdraw the corresponding account thereof:

· after the Company terminates services to you;

· the main content of user’s information that you have provided is untruthful, inaccurate, outdated or incomplete;

· when these Terms of Use (including the rules) are amended, you expressly state and notify the Company of your unwillingness to accept the amended Terms of Use; and

· any other circumstances where the Company deems it should terminate the services.

Should the account be terminated, the account & transactional information required for meeting data retention standards will be securely stored in accordance with our Privacy Notice. In addition, if a transaction is unfinished during the account termination process, the Company shall have the right to notify your counterparty of the situation at that time.

Remaining Funds After Account Termination (Normal)

Once the account is closed/withdrawn, the remaining balance on the account shall be used to pay any charges and liabilities owed to the Company. Upon payment of all outstanding charges to the Company (if any), the user will have 5 working days to withdraw all funds from the account.

Remaining Funds After Account Termination (Fraud/AML/CFT/ Violation of Terms)

The Company maintains full custody of the funds and user data/information which may be turned over to the authorities in event of account suspension/closure arising from fraud investigations, AML/ CFT investigations or violation of the Company’s Terms of Use (e.g. trading on the Company’s platform from a sanctioned country).

Compliance with Local Laws

It is the responsibility of the user to abide by local laws in relation to the legal usage of the Company’s service in their local jurisdiction. Users must also factor, to the extent of their local law all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities. All users of the Company and any of its services acknowledge and declare that the source of their funds come from a legitimate manner and are not derived from illegal activities. The Company reserves the right to request a proof of source of wealth or source of funds from any of its registered users, both personal and institutional. The Company maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate the account and funds of users which are flagged out or investigated by legal mandate.

Privacy Notice

The Company may announce and amend its Privacy Notice from time to time. The Privacy Notice shall be an integral part of these Terms of Use. We ask that you read the Privacy Notice carefully. You may find the latest version of our Privacy Notice published on our website.

No Waiver

No waiver by any party of any breach of these Terms of Use or any delay or omission by any party in enforcing the terms of these Terms of Use shall prejudice their rights or operate as a waiver of any subsequent or continuing breach.

Severability

If any provision of these Terms of Use is or becomes illegal or invalid, that provision will be deemed deleted from these Terms of Use and the remaining provisions shall continue in force.

Governing Law and Jurisdiction

These terms of use and any dispute or claim arising out of or in connection with these terms of use or the conditions contained herein shall be governed by and construed in accordance with the laws of Jersey.

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