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USER OBLIGATIONS AND LIABILITY

YOUR OBLIGATIONS AND LIABILITY

Prohibited use

By opening a Bicoins Account or carrying out any Transaction, and without prejudice to any other restriction or limitation set out in these terms, you agree that you and any Permitted User will not:

  1. breach these Terms or any agreement entered into pursuant to, or in connection with, these Terms, including, but not limited to any Product Terms;
  2. use Binance Services in a manner that violates our Prohibited Use Policy;
  3. use Binance Services for resale or commercial purposes, including transactions on behalf of other persons or entities, unless expressly agreed by us in writing;
  4. use the Bicoins Services for anything which, in Bicoins’s sole opinion, is conduct designed to control or artificially affect the price of any Digital Asset (market manipulation) including, without limitation, pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering) regardless of whether prohibited by Applicable Law;
  5. engage in fraudulent activities, or cause us to suspect that you or any Permitted User have engaged in fraudulent activities and/or Transactions;
  6. use Bicoins Services to conduct or participate in lotteries; gambling activities; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; or games of chance, to the extent prohibited by Applicable Law;
  7. (1) receive, or attempt to receive, funds from both us and another user for the same Transaction during a Claim; (2) conduct your business or use the Bicoins Services in a manner that results in, or may result in, complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties, or other liability to us, other users, third parties, or yourself; and (3) allow your Bicoins Account to have a negative value or quantity of Digital Assets;
  8. provide false, inaccurate, or misleading information in connection with your use of the Bicoins Services, in communications with us, or otherwise connected with these Terms;
  9. (1) use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the Platform, or replicate or bypass the navigational structure or presentation of Bicoins Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through Bicoins Services; (2) attempt to access any part or function of the Platform without authorisation, or connect to Bicoins Services or any of our servers or any other systems or networks of any Bicoins Services provided through the Platform by hacking, password mining or any other unlawful or prohibited means; (3) probe, scan or test the vulnerabilities of Bicoins Services or any network connected to the Platform, or violate any security or authentication measures on Bicoins Services or any network connected to Bicoins Services; (4) reverse look-up, track or seek to track any information of any other users or visitors of Bicoins Services; (5) take any actions that impose an unreasonable or disproportionately large load on the infrastructure of systems or networks of Bicoins Services or Bicoins, or the infrastructure of any systems or networks connected to Bicoins Services; (6) use any devices, software or routine programs to interfere with the normal operation of Bicoins Services or any transactions on Bicoins Services, or any other person’s use of Bicoins Services; or (7) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to us;
  10. modify or adapt the whole or any part of the Platform or combine or incorporate the Platform into another program or application;
  11. disassemble, decompile, reverse-engineer, or otherwise attempt to derive the source code, object code underlying concepts, ideas, and algorithms of the Platform or any components thereof;
  12. modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sub-license, sell, mirror, design, rent, lease, private label, grant security interests in such Bicoins IP or any part of the intellectual properties, or create derivative works or otherwise take advantage of any part of the Binance IP;
  13. facilitate any viruses, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information in connection with the Bicoins Services;
  14. (1) use an anonymizing proxy; (2) use any temporary, disposable, self-destructive, or similar email address when opening a Bicoins Account and/or using the Bicoins Services; (3) use any device, software, or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our Sites or the Bicoins Services; and (4) take any action that may cause us to lose any of the services from our internet service providers, or other suppliers; 
  15. create, or purport to create, any security over your Fiat Currency or Digital Assets held in any of your Bicoins Accounts without our prior written consent;
  16. violate, or attempt to violate, (1) any Applicable Law; or (2) ours or any third party’s copyright, patent, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy; and/or
  17. access, use, or attempt to access or use, Bicoins Services directly or indirectly with (1) jurisdictions Bicoins has deemed high risk, including but not limited to the List of Prohibited Countries, or (2) persons Bicoins has deemed high risk, including but not limited to, Restricted Persons.

 

Representations and Warranties

You hereby represent and warrant to us, at all times, the following:

  1. all documents and information you provide to us are true, accurate, complete, and up to date in all respects, and may be relied upon by us in determining whether or not you are eligible to access the Platform or to use the Bicoins Services;
  2. all decisions made in connection with these Terms were solely and exclusively based on your own judgment and after your own independent appraisal of your financial resources, ability, and willingness to take relevant risks and financial objectives;
  3. you have full power, authority, and capacity to (1) access and use the Platform and/or the Binance Services; and (2) enter into deliver, and perform your obligations under these Terms and any agreement entered into pursuant to, or in connection with, these Terms, including, but not limited to, any Product Terms;
  4. if you are a corporation, partner in a partnership, or trustee of a trust:
  5. the corporation, partnership or trust has and will be operated in a way that is compliant with Applicable Law, and any partnership or trust deeds (or other like documents);
  6. you will notify us immediately if there is any change, by way of resignation, removal, appointment, or death, of any of the directors, partners, trustees, settlor(s) or ultimate beneficial owners or any person authorized to operate your Bicoins Account; and

iii. you will inform us immediately if the corporation, partnership, or trust is dissolved either on a voluntary or involuntary basis; 

  1. all consents, permissions, authorizations, approvals, and agreements of third parties and all authorizations, approvals, permissions, consents, registrations, declarations, filings with any Regulatory Authority, governmental department, commission, agency, or other organization having jurisdiction over you which are necessary or desirable for you to obtain in order to (1) access and use the Platform and/or the Binance Services; and (2) enter into and deliver, and perform the Transactions contemplated under these Terms and any agreement entered into pursuant to, or in connection with, these Terms, have been unconditionally obtained in writing, disclosed to us in writing, and have not been withdrawn or amended;
  2. these Terms and any agreement entered into pursuant to, or in connection with, these Terms constitute valid and legally binding obligations, enforceable against you in accordance with their respective terms;
  3. that you are not a Restricted Person;
  4. if you are a legal entity, you are duly incorporated, duly organized, and validly existing under the laws of your jurisdiction and have full power to conduct your business. If you are an individual, you are not less than 18 years old; and
  5. your access and use of the Platform and/or the Binance Services, your execution and delivery of, and the performance of your obligations under these Terms and any agreement entered into pursuant to, or in connection with, these Terms, will not:
  6. If you are a legal entity, a partner in a partnership, or trustee of a trust result in a breach of or conflict with any provision of your constitution, articles of association, partnership agreement, trust deed, or equivalent constitutive documents;
  7. result in a breach of, or constitute a default under, any instrument, agreement, document, or undertaking to which you are a party or by which you or any of your property is bound or subject; and

iii. result in you, or cause us or any third party to, breach any Applicable Law, decree, or judgment of any court, or any award of any arbitrator or those of any governmental or Regulatory Authority in any jurisdiction.

 

Liability

  1. Our Liability. Neither Bicoins nor any Bicoins Affiliate will have any responsibility or liability for any loss suffered by you or any third party, except to the extent that such loss arises solely and directly as a result of the gross negligence, willful misconduct, actual fraud, or material and continuing breach of obligation under these Terms by Bicoins. Without prejudice to the foregoing and notwithstanding any other clause in these Terms, in no event will the liability of Bicoins and all Bicoins Affiliates in aggregate exceed the amount of fees paid by you to Bicoins in the 12-month period immediately before the event giving rise to the loss. Such sum shall be paid by us to you in full and final settlement and satisfaction of ours and any Bicoins Affiliate’s entire liability for any and all losses and claims, however arising, from the relevant events. You acknowledge and agree that neither Bicoins nor any Bicoins Affiliate is aware of any special circumstances pertaining to you, that damages are an adequate remedy, and that you shall not be entitled to any other claims or remedies at law or in equity, including but not limited to, any claim in rem, injunction, and/or specific performance.
  2. Limitations on Liability. Notwithstanding any other clause in these Terms, you hereby acknowledge and agree that in no event will we or any Binance Affiliate be responsible or liable to you or any other person or entity for:
  3. any direct or indirect losses (including loss of profits, business, or opportunities), damages, or costs, whether arising out of or in connection with the Bicoins Services or otherwise, including but not limited to:
  4. any risk identified in the Risk Warning, as updated from time to time;
  5. the operation of the protocols underlying any Digital Asset, their functionality, security, or availability;

iii. whether Backed Digital Assets hold their value as against any asset, or if the issuer of the Backed Digital Asset holds sufficient reserves in relation to any Backed Digital Asset;

  1. any action or inaction in accordance with these Terms;
  2. any inaccuracy, defect, or omission of Digital Assets price data, any error or delay in the transmission of such data, and interruption in any such data;
  3. regular or unscheduled maintenance we carry out including any service interruption and change resulting from such maintenance; 

vii. the theft of a device enabled to access and use Bicoins Services;

viii. other users’ actions, omissions, or breaches of these Terms, and any damage caused by actions of any other third parties;

  1. (1) for any damage or interruptions caused by any computer viruses, spyware, or other malware that may affect your computer or other equipment, or any phishing, spoofing, or other attack; (2) in the event that your hardware fails, is damaged or destroyed or any records or data stored on your hardware are corrupted or lost for any reason; or (3) for your use of the internet to connect to the Bicoins Services or any technical problems, system failures, malfunctions, communication line failures, high internet traffic or demand, related issues, security breaches or any similar technical problems or defects experienced;
  2. our decision to reject your application to open a Bicoins Account(s);
  3. any termination, suspension, hold, or restriction of access to any Bicoins Account or Bicoins Services, including your inability to withdraw Digital Assets, issue Instructions, or enter into Transactions during the period of any suspension, hold, or restriction, in accordance with these Terms or any Product Terms;

xii. any Transaction limits applied to your Bicoins Account;

xiii. any election by us to support or not support Digital Assets;

xiv. us being unable to contact you using the contact information you provided;

  1. us closing a dormant account;

xvi. the failure of a Transaction or the length of time needed to complete any Transaction;

xvii. our refusal or delay in acting upon any Instruction;

xviii. any breach of security of your Email Account or a Security Breach; 

xix. losses suffered by you as a result of third-party action, including third-party fraud or scams that involve Bicoins only as the recipient of your Fiat Currency or Digital Assets, and/or the conversion of Fiat Currency to Digital Assets;

  1. losses suffered by you as a result of the transfer of Digital Assets away from our platform at your request;

xxi. any losses arising or in connection with new offerings of Digital Assets, initial coin offerings (ICOs), or the decision to list or not list Digital Assets on the Platform;

xxii. a Network Event, a Fork, or an Airdrop; 

xxiii. the correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing, or continued availability of the Bicoins Services or for delays or omissions of the Bicoins Services, or for the failure of any connection or communication service to provide or maintain your access to the Bicoins Services, or for any interruption in or disruption of your access or any erroneous communications between us, regardless of cause; and 

xxiv. any Transactions, Instructions, or operations effected by you or purported to be effected by you through your Email Account or Bicoins Account;

  1. any loss of business, profits, anticipated savings or opportunities, or any special, punitive, aggravated, incidental, indirect, or consequential losses or damages, whether arising out of or in connection with our Sites, the Platform, your Bicoins Account, the Bicoins Services, these Terms, the Product Terms, the Privacy Notice and/or any agreement entered into pursuant to, or in connection with, these Terms or otherwise; 
  2. any losses or damages you may incur due to Manifest Error and/or in the event of extreme market volatility and/or as a result of any cancellation/amendment of any Transactions, howsoever arising, whether direct or indirect, special or consequential, including, but not limited to, loss of profit and loss of opportunity even if Binance was aware of the possibility of such loss or damage arising or if such loss or damage was reasonably foreseeable; and/or
  3. any losses forming part of a Claim that has not been commenced by way of formal legal action WITHIN ONE CALENDAR YEAR of the commencement of matters giving rise to the Claim. YOU AGREE AND ACKNOWLEDGE THAT THIS CLAUSE VARIES ANY LIMITATION PERIOD OTHERWISE APPLICABLE BY LAW AND THAT IF APPLICABLE LAW PROHIBITS THIS, THIS CLAUSE WILL BE READ AS A LIMITATION PERIOD OF THE MINIMUM ENFORCEABLE LENGTH. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, YOUR ATTENTION IS ALSO DRAWN TO CLAUSE 32 AGREEING THAT CLAIMS SHALL BE RESOLVED EXCLUSIVELY BY WAY OF BINDING ARBITRATION.

 

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