Tiburon Corporation Limited, a company incorporated under the laws of the Republic of Seychelles (registration number 187026) with an office at Suite 1, Second Floor, Sound & Vision House, Francis Rachel Str., Victoria, Mahe, Seychelle (hereinafter — the Company), provides an individual (hereinafter — the Client) with access to the site https://binomo.com (hereinafter — the Website) and the opportunity to use services of the Website according to the terms and conditions of this agreement (hereinafter — the Agreement).
Stagord Resources Ltd (a company registered in accordance with the legislation of the Republic of Cyprus, registration number HE 338508, Evagorou, 27, Irene Building, 4th Floor, Flat/Office 44, Trypiotis, Nicosia, 1066, Cyprus) (hereinafter the Managing Company) operates the Company.
The Client accepts the Agreement by registering and creating an account on the Website. Acceptance of the Agreement implies full unconditional acceptance of the conditions of the Agreement by the Client. In the event of any conflict between the English version of this Agreement and the texts in other languages, the English version shall prevail.
The place of supply of services is the Republic of Seychelles. The place of management of the Company is the Republic of Cyprus.
Financial instruments — exchange indices, shares, commodities, and currency pairs which are available for trading.
Balance — the account balance, which is available after carrying out the last transaction.
Asset — the object of a trading operation, which is based on a change in value during a predetermined period of time.
Account currency — the dollar or the euro.
Open position — a transaction with a purchased asset before its expiration.
Trade — the acquisition (purchase) of an asset.
Trading activity — the operations the Client performs when depositing funds into a real account and conducting trading operations on the Client's real account.
1. Registration of the Client and collection of the Client's data
The process of collecting Client's personal data by the Company consists of collecting information about the Clent's name, surname, phone number and e-mail address, as well as collecting the data from cookies to gather statistics on the Client's interactions with the Website. All personal data provided to the Company by the Client is considered confidential and can be disclosed to third parties only with the consent of the Client.
1.2. The Client registration procedure consists of two stages:
− the procedure of Client registration on the Website of the Company;
− the procedure of verifying identity and the information specified during registration.
1.3. The Client registration procedure is mandatory for the Company's Clients.
1.4. To complete the Client's registration on the Company's Website, it is necessary to perform the following steps:
− enter personal and contact details;
− accept the terms of this Agreement and its annexes.
1.5. The procedure of identity and data verification is done by the Company to verify the correctness and completeness of the information specified by the Client during registration. To perform this procedure, the Company has the right to demand the following to be provided by the Client:
− for Russian citizens — the page(s) of the civil ID (internal Russian passport) with the photograph and personal information;− for Ukrainian citizens — the page(s) of the civil ID (Ukranian passport) with the photograph and personal information in the Russian and Ukrainian languages (if available);
− or citizens of other countries — the ID with the photograph and personal information, or another document (for example, an international passport) containing a photograph and personal information in English.
In addition, the Company is entitled to demand copies of recent utility bills, bank statements, scanned copies of bank cards, as well as any other document if the documents above are not sufficient to fully identify the Client and/or the personal data provided by the Client.
1.6. The procedure of identity and data verification is completed within 10 (ten) business days of the date the Company requires the Client’s identity be verified. In some cases, this may be increased at the Company’s discretion to a period of 30 (thirty) business days.
1.7. In suspicious cases, the Company’s security team reserves the right to limit the withdrawal of funds equal to the amount of deposits in the last 30 (thirty) days.
1.8. The Company is entitled to request from the Client electronic copies of documents to verify identity and other data provided by the Client when opening their account. In these cases, the company requests the Client to provide the information, and the Client is obliged to provide an electronic copy of the document (the Company can request a copy in English certified by a notary). If the Client does not provide their personal information (including documents confirming the necessary information), the Company may suspend the Client’s account until the Client provides the requested information. If the requested information is not provided to the Company, then the suspended account may be blocked permanently.
1.9. The Company is entitled to conduct a video conference with the Client to confirm the Client's identity and authenticity of the documents provided by the Client. To complete this procedure, the Client must add the Company’s Skype account: support.binomo. Before undergoing the procedure, the Client must gather their passport and bank cards used to deposit funds. The Client is notified at least 24 hours in advance of the time of the procedure.
1.10. The Client acknowledges the right of the Company to use their personal information to fulfill the requirements of the legislation on combating money laundering and illegally-obtained income.
1.11. Responsibility for the provision of authentic copies of the documents lies with the Client. In the case of forged documents, the Client will be prosecuted according to the laws of the country issuing the document.
1.12. By confirming the registration, the Client agrees to receive information from the Company, including advertising messages sent to the email address specified by the Client, and phone calls and SMS to the phone number specified by the Client. If the Client does not wish to receive such messages, they may at any time cancel their subscription by clicking the link in their email or unchecking the option in the dashboard, as well as by contacting the Company’s Support team. The Company will promptly respond to the Client’s request for the cancellation of subscriptions to all types of messages (except for transaction notifications), as well as the refusal to receive calls or SMS on the phone.
2. The procedure for mutual settlement
2.1. The Client’s account balance is the amount of the financial obligation of the Company to the Client at a particular time in the event that no other additional conditions have been stated. An additional condition could be the Client’s participation in various promotions arranged by the Company.
2.2. An application for withdrawal of monetary funds should be made out by the Client electronically through the internal interface of the Website. After the Client creates the application, the size of the amount withdrawn is not deducted from the balance of their account until the moment of the direct payment. Withdrawals applied for by the Client are non-refundable and cannot be appealed. Minimum withdrawal amount can be 10 USD or 10 EUR, depending on the account currency.
2.3. Transfer of funds to the Client shall be made within 3 (three) business days following the date of filing the application for withdrawal. If the amount in the request for withdrawal excess $ 500/€ 500 per week or $ 230,000/€ 230,000 per month (depending on the status of the trader's account), the funds may be transferred to the Client by installments, at least every five (5) business days.
An application for the withdrawal of funds may be held without fulfillment by the Company’s security team, after prior notification of the Client, for 10 (ten) business days.
2.4. The Client uses the internal interface of the Website to deposit funds into their account. Minimum deposit amount can be 10 USD or 10 EUR, depending on the account currency.
2.4.1 The Client has the opportunity to use the service "One-click payment" on the site. When using this service, they must agree to use the function "Save wallet" and make a deposit in their account when the service is activated. In this case, the Client agrees to pay for all services they request on the site, as well as all additional costs (if applicable), including taxes, fees, etc.
2.4.2 The Company and the payment service Provider only provide payments in the amount indicated by the Client and are not responsible for payment of the above additional amounts by the Client.
2.4.3 After clicking the "Pay in one click" button and confirming the payment, the payment is considered processed, and it is irreversible.
2.4.4 By clicking the "Pay in one click" button and confirming the payment, the Client agrees that:
- by making a request to deposit funds on the site, the Client confirms the payment and accepts the terms of this Client Agreement;
- they are aware of all the risks associated with the use of this service and they accept them;
- they will not be able to cancel the payment or request its cancellation;
- the Client has reached or currently exceeds the legal age;
- they understand and accept that the Client's payment processing is performed by the payment service provider.
2.4.5 If the Client wishes to opt out of the "One-click payment" service for their next payment, the Client must not use the "Save wallet" function (they remove the "check" from "Save wallet" in their personal account in the "Cashier" section on the site) and make their next payment without using the "One-click payment" service.
2.4.6 The Company and the payment service Provider are not responsible for rejected payments associated with non-receipt of authorization from the issuing bank to conduct payments using the Client's payment card.
2.4.7 In the case of the Client's non-agreement with the above conditions and/or for other reasons, the Company asks the Client to opt out of the payment in a timely manner, and, if necessary, contact the Company's client support department using the contacts specified in Section 10 of this Client Agreement.
2.5. The Company may reject a Client’s application for withdrawal of monetary funds from their account, should it suspect that the Client intends to use their account for exchange transactions across payment systems.
2.6. Funding an account via debit or credit cards belonging to a third party is prohibited.
2.7. The official means of depositing/withdrawing funds are the Company’s wallets/accounts in all the payment systems indicated on the Company’s Website. The Client accepts all the risks associated with the use of payment systems, as well as any commission charged by payment systems for making payments and/or conversions since the payment systems are not partners of the Company. The Company is not responsible for the delay of and/or non-receipt of funds in the Customer’s account balance through the fault of the payment system. In the event of claims by the Client as to the working order of the payment systems, the Client must contact the support team of that payment system. The Client is obliged to inform in the case of such appeals.
2.8. The Company is not responsible for the actions of third parties engaged in conducting Clients’ deposit/withdrawal transactions. Upon the Client depositing funds, the financial liability of the Company begins from the moment the Client’s funds appear in the Company’s bank account, and/or in the Company’s accounts in any payment systems listed on the Company’s website.
2.9. In the case of fraud detection concerning financial transactions after funds are credited to the Client’s account balance, the Company reserves the right to cancel the transaction and freeze the Client's account. When Clients perform withdrawal operations, the financial liability of the Company is terminated at the moment the funds are withdrawn from the bank account of the Company and/or the Company’s accounts in any of the payment systems listed on the Company’s website.
2.10. In the case of technical errors by the Company when making financial transactions, the Company reserves the right to cancel such transactions and their outcomes, as well as the outcomes of the services provided by the Company.
2.11. Withdrawals from the Client’s account are carried out only on the information specified by the Client when depositing funds. If it is not technically possible to use the same payment system for the withdrawal of funds that was used to make the deposit, the Client is entitled to use another available system for the withdrawal. In this case, the details in the payment system should coincide with the personal information specified by the Client during registration.
2.12. The Client is solely responsible for the accuracy and reliability of the information specified in their application for funds withdrawal.
2.13. In cases when the Company’s security team suspects the Client of fraudulent activity or behavior, the Company has the right to block the Client’s account without prior notice and without the possibility of further withdrawals of funds.
2.14. If the Client has deposited money into their account, but later decides to completely or partially withdraw funds, and their trade turnover (the sum of all transactions since the last deposit) has not exceeded double the size of the deposit, the withdrawal fee will be 10%.
2.15. The Client has the right to register only 1 (one) account with the Company. If the Company detects multiple accounts belonging to the same client or family (whose members can log in from the same IP address and access the platform from the same device), or funded using one credit/debit card and/or electronic wallet; accounts that use the same IP address, or upon detection of other signs of possession of multiple accounts, the transactions and the financial outcomes of all the Client’s accounts can be removed. The Company reserves the right to block all of the above-mentioned accounts. In this case, the funds contained in them cannot be considered a financial liability of the Company to the Client.
2.16. In the event of trading inactivity in the Client's account over a period of 3 (three) months, the Company has the right to recognize the Client's account as inactive and transfer it to the archive, preserving the monetary funds in the account in full and notifying the Client about it by sending an email to the contact email address.
In the event of trading inactivity in the Client's account over a period of six (6) months, the Company has the right to withdraw the funds from the Client's account in full.
3. Processing trade requests and orders
3.1. The processing of Client requests and orders has the following structure:
− The Client makes a request or an order that is checked for correctness on the trading platform;
− The trading platform sends the request or orders to the server;
− The Client’s command appears on the server and is checked for correctness;
− The server processes the Client request or order, and sends the result to the trading platform;
− With a stable connection between the server and the trading platform, the trading platform receives the result of the Company’s processing of the Client request or order.
3.2. Request and order processing time depends on the quality of communication between the trading platform and the Company server, as well as market conditions. Under normal market conditions, the Client’s request and order processing time is usually 0 – 4 seconds. In market conditions that differ from normal, the processing time of client requests and orders can be greater.
3.3. The Company server is entitled to reject a Client order or request in the following cases:
− if the Client submits an order for processing before the first quote in the trading platform at market opening appears;
− if the Client does not have enough available funds to open a new transaction;
− when market conditions differ from normal.
4.1. The Client acknowledges that the only reliable source of quoting information is the base server for real Clients. Quotes on the trading platform cannot serve as a reliable source of quoting information, as an unstable connection between the trading platform and the server could result in some of the quotes not reaching the trading platform.
4.2. Graphs displayed in the trading platform are of an indicative nature. Thus, the Company does not guarantee that the transaction will be made at the prices indicated on the graph in the trading platform at the time the Client submits a trading command.
4.3. The price in the trading platform is formed by the formula (purchase + sale)/2.
4.4. Non-market quotes
4.4.1. Non-market quotes — the price in the trading platform not corresponding to the price on the market at a current point in time.
4.4.2. If the Company executes the Client order at a non-market quote, the Company is charged with the following: correcting the financial outcome between the erroneous closing of the transaction and the closing at the real market price corresponding to the time of the closing of the non-market quote.
4.4.3. In the event that the Client’s request to open a transaction is executed at a non-market quote, the Company preserves the right to cancel the financial outcome of this transaction.
5. The processing of Client orders upon opening transactions.
5.1. If the amount of available funds is sufficient to open a transaction, the request is fulfilled.
5.2. If the amount of available funds is less than sufficient to open a transaction, the request is denied.
5.3. The Client’s request/command to open a transaction is considered fulfilled and the transaction open once the corresponding record appears in the server log file. Each transaction is assigned a separate serial number.
6. Concluding transactions
6.1. The transaction is closed at the latest price available on the trading server at the time of closing.
6.2. Issues with Internet service providers, disruptions in the transfer of information, operation of a stock exchange, server operating system or Company's software, hacker attacks, along with any wrongful actions in relation to the equipment and/or servers of the Company, circumstances of a force majeure nature or the suspension of trading on the financial markets that affect the tradable assets used by the Company are direct basis for invalidation of all transactions occurring during or affected by, either intentionally or unintentionally, the above-mentioned circumstances. The Company reserves the right to cancel any transaction the outcome of which was obtained due to a failure occurring.
6.3. When updating its software, the Company reserves the right to return the status of the Client's account to its original value in case of failures or improper software operation.
6.4. If when trading, the Client obtains profit through the use of artificial intelligence, specialized software, so-called “bots”, vulnerabilities in the exchange’s software or Company’s server, the Company reserves the right to review the financial outcome of the Client’s transactions.
6.5. The right of the Company to review (change) the outcome of trading operations when software failures occur is valid for 5 (five) business days after the date the failure is detected.
6.6. As part of the anti-money laundering (AML) procedure, the Client certifies that the money deposited by them into their trading account, is not the result of drug trafficking, kidnapping, or any other criminal or illegal activities. The Client will not use the Website for the purpose of legalizing proceeds from crime, or any other illegal activity. The Company reserves the right to refuse the use of the account and/or suspend (cancel, close) the account, and/or withdraw (confiscate) all the money in the account of the Client, if the Client does not adhere or does not meet the requirements and principles to combat money laundering (AML). If the Company suspects any illegal or unlawful activities happening in the Client’s account, the Company reserves the right to disclose all information relating to the Client to the authorities, as well as to suspend and/or close the Client's account, and/or withdraw the funds from the Client’s account for the aforementioned reasons.
6.7. The Company has the right to change the amount of interest payments on assets, interest return, the minimum and maximum values of a trade, the possibility of adjusting the rate of return, and the possible expiration periods for one, several, or all assets.
6.8. The Company has the discretion to limit the maximum number of trades purchased by the Client within 1 (one) minute, hour or calendar day.
7. The use of bonus and gift funds and participation in tournaments and other Company promotions.
7.1 Bonus funds are awarded by the Company to the Client's trading account.
7.2 The amount of the bonus depends on the size of the Client's deposit, or on the conditions of the promotion under which the Client is awarded the bonus funds.
7.3 The Client can receive prize bonus funds from a particular promotion only once, unless otherwise specified in the conditions of the promotion.
7.4 The bonus funds credited to the Client's trading account are not the financial obligation of the Company to the Client.
7.5 Funds in the Client's trading account are available for withdrawal only after the Client has achieved the mandatory amount of trading turnover in their account.
7.6 The size of the mandatory turnover is the sum of the bonus multiplied by its leverage factor. The leverage factor of the bonus is set individually for each promotion. If the size of the bonus leverage factor is not indicated in the conditions of the promotion, it should be considered equal to 35 (for a bonus the size of which is 50% or more of the total volume of the Client's trading account, the leverage factor is 40).
7.7 Bonus offers may have limitations on the amount of withdrawals. The maximum amount of withdrawal for no-deposit gift bonuses sent by email is $50/€50.
7.8 Bonus offers may be limited in duration. The conditions of no-deposit gift bonuses must be fulfilled within 5 days from the date the bonus is activated. If in 5 days from the date of activation of the bonus, the mandatory amount of trading turnover has not been achieved, or a deposit has not been made, the bonus is reset to zero.
7.9 Transactions with the result of "no income" (if the strike price of the asset is equal to the expiration price) are not counted towards the calculation of the mandatory trading turnover achieved by the Client.
7.10 The rejection or cancellation of a bonus is only possible in the absence of any trading operations on the account since the moment the bonus funds were awarded.
7.11 At the end of the validity period of the promotion under the conditions of which the bonus was awarded, it can be withdrawn from the Client's trading account.
7.12 The bonus is reset to zero if the Client's trading account balance falls below the minimum amount of a transaction.
7.13. The Client has the right to participate in any promotion or tournament held by the Company that is available to him or her. The Client must independently familiarize him or herself with the terms of the promotion or tournament on the Company's website.
7.14. Monetary funds received by the Client from the Company as a prize for participation in a tournament are credited to his or her real account, unless otherwise indicated in the tournament conditions.7.15. In cases where the Company's security team suspects the Client of fraudulent activities performed in order to win a tournament or promotion during the period of participation in the tournament or promotion, the Company has the right to review or nullify the Client's participation results in that tournament or promotion.
8. Client and Company Liabilities
8.1. The Client in this Agreement shall be notified and, at the same time, agrees to be held personally responsible for the state of the balance of his/her account. The Company can not be held responsible for the inactivity or activity of the Client in the course of using its services.
8.2. The Company has the right to change the terms of this Agreement at any time at its discretion. In the event of changes in the Company Agreement, such changes shall become effective upon posting the amended text of the Agreement on the Website https://binomo.com/en/agreement, if no other term is defined elsewhere upon posting. The Company informs Clients of amendments to the Agreement by posting a new version of the Agreement on the https://binomo.com/en/agreement page of the Website.
8.3. The duties and rights of the Client and the Company designated in this Agreement shall be considered a long-standing act and will be in effect until the moment of receipt by the Company of notification from the Client of the closure of their account or their refusal to comply with the rules of the Agreement.
8.4. The Client fully understands and acknowledges that any information and guidance received from the Company’s website, representatives of the Company, or third parties, will not be considered the direct proposition to make a trading or financial transaction.
8.5. The Company does not bear the legal and/or financial responsibility for failure to fulfill obligations due to data transfer quality over Internet communication channels.
8.6. The Client fully understands and acknowledges that all acts committed by the Client, and/or with the participation of third parties, which can destabilize the work of the Company, its equipment, services, software, and hardware, entitle the Company to refuse the Client in providing further servicing of their account and cancel all the transactions. Furthermore, the Company may refuse to re-register the Client and to service their new account.
8.7. By accepting the Agreement, the Client confirms:
− to be a legally capable adult;
− to have read and agreed to the terms of this Agreement.
8.8. Upon the Client withdrawing funds, the Company may request a confirmation of personal account data. The Company has the right to demand from the Client copies of the documents verifying their place of residence, registration, and identity (certified by a notary).
8.9. The Client, for their part, undertakes to submit all the documents necessary for such a confirmation, and take other necessary actions (at the Company’s sole discretion), aimed at complying with international legislation to combat money laundering.
8.10. The Company, in the case of the double/repeat registration of a Client using different email addresses, has the right to remove any additional accounts.
9. Client risks
9.1. The Client understands and acknowledges that as a result of using the services of the Website, they are able to lose the funds they deposit into their account. The Client acknowledges and understands that the financial risks involved in carrying out transactions through the Website Services may be significant. When making transactions through the Website Services, the Client should conduct an analysis of their financial capabilities.
9.2. The Client acknowledges, understands and completely agrees that the Company does not assume legal or financial responsibility for losses incurred while making transactions using the Website Services due to government restrictions, market and/or monetary policies, the suspension of trading, and other force majeure circumstances beyond the Company’s control.
9.3. The Client is personally liable in the case of loss of credentials for immediate access to their account (login, password); the Client is obliged to prevent any possibility of access to their own account by third parties. The Client’s risks and losses associated with the account access recovery process do not give rise to additional liabilities for the Company, other than the provision of new credentials for the Client’s access to the account after sufficiently identifying themselves as the owner of the account.
10. Issues related to communication between the parties to this Agreement
10.1. In order to communicate with the Client, the Company uses the following means:
- phone number: +441143033932;
- email account: email@example.com;
- ticketing system in the interface of the Website.
11. Claims, Complaints, and Dispute Resolution
11.1. All possible disputes arising between the parties to this Agreement shall be settled through correspondence and negotiations.
11.2. Appeals by the Client are considered official if they are directed to the Company at the email address firstname.lastname@example.org. Appeals will not be deemed in writing if they are produced and sent via online communication programs such as Skype or other similar software.
11.3. Client requests should include the following information for consideration:
− Account number;
− Full name;
− Email address;
− Date and time when the dispute occurred/arose;
− A detailed description of the Client’s claim.
11.4. The Company may refuse to consider the Client’s claim if it does not meet the requirements listed in Sections 11.2 − 11.3, as well as the following conditions:
− If the claim received by the Company includes language of an obscene nature and/or insults directed to the Company (including its employees);
− If the received claim contains threats to the Company (including its employees);
− If the Client expresses the threat of denigrating the business image of the Company by any means possible.
11.5. The Company is obliged to consider an appeal within ten (10) business days (after the Client provides the sufficient and necessary information associated with the appeal/claim to address the issue in full).
11.6. In the event of disputes arising concerning the Client’s trading transactions and account, review protocol for the Client’s trading transactions will be based on the Company’s own data.
11.7. If the Client violates any of the above points, the Company has the right to refuse the provision of further services.
11.8. If the Client and the Company do not reach an agreement during negotiations and correspondence within 3 (three) months of the date the dispute was opened, it shall be referred to the court and resolved according to the current legislation of the Republic of Seychelles.
12.1. The Company is not a tax agent and does not provide data on the transactions of its Clients to third parties. Such information can only be provided if there is an official request from a competent national authority.
13. Termination of this Agreement
13.1. This Agreement becomes legally binding at the time of the Client’s registration on binomo.com.
13.2. This Agreement shall be terminated in the event that all the following conditions are met:
− After receiving a request to do so by the Company and/or the Client;
− After the Company’s complete fulfillment of its financial obligations to the Client;
If the Client violates the conditions that are indicated in this Agreement, the Company, in such cases, may terminate the Agreement on their own initiative without prior notice.
13.3. The Company has the right to unilaterally, without explanation, terminate the contract with the Client. However, the Company undertakes to comply with its financial obligations to the Client at the time of termination of the contract.
13.4. In the event that the Company decides to terminate its own activity regulated by this Agreement, the Company shall do the following:
− notify the Client at least 1 (one) calendar month prior to the termination of such activity;
− pay the Client the funds in their account at the time of the closing of the Company.
13.5. The Company fulfills its financial obligations to Clients, including upon termination of the Client Agreement.