Effective Date: 16 January 2024

1. INTRODUCTION

1.1 These terms and conditions (the “Terms”) are a contract between you and Binance that governs your use and access to the Binance services, the Application (as defined below), the associated Platform (as defined below), Binance Account and Wallet (as defined below), exchange and transfer services, websites, software, programs and any other products, features, and services we provide to you (collectively, the “Services”). The Services may be used or accessed for personal use by natural persons who are eligible to use the Services (collectively, “Users” and individually a “User”). In the Terms “we”, “us” and “our”, means Binance and its affiliates.

1.2 By using the Services, you acknowledge that you have read, understood, and accepted all of the terms and conditions in these Fiat Trade Service Terms, and you acknowledge and agree that you will be bound by and will comply with these Fiat Trade Service Terms. If you do not understand and accept these Fiat Trade Service Terms in their entirety, you should not use the Fiat Trade Service.

1.3 These Fiat Trade Service Terms are supplemental to the Binance Peer-to-Peer Product Terms (“P2P Terms”) and the Binance Terms of Use (“Binance Terms”). The provisions set out in the P2P Terms and Binance Terms shall continue to apply. These Fiat Trade Service Terms constitute Product Terms. References in the Binance Terms to the Binance Services shall include references to the Fiat Trade Services contemplated hereunder. In the event of any conflict or inconsistency between these Fiat Trade Service Terms, and the P2P Terms and Binance Terms, these Fiat Trade Service Terms shall prevail with respect to the services contemplated hereunder, unless expressly stated otherwise.

2. POLICIES INCORPORATED BY REFERENCE
You agree to be bound by Binance’s Privacy Policy which is referenced and incorporated by reference herein. Please carefully read the Privacy Policy. All references to the Terms will mean the Terms and the Privacy Policy, taken together, unless expressly stated otherwise.

3. REVISION TO THE TERMS

3.1 We are constantly improving the Services, and periodically we will need to revise or amend the Terms. Accordingly, we reserve the right to amend the Terms at any time for any reason without notice to you. The revised version will be effective at the time we publish it on our website or within the Application with the “Last Modified” date provided at the top of the Terms. Continuing to use the Services will constitute your acceptance of these Terms, as revised. If you do not agree to the revised Terms, do not use or access the Services.

4. SELECT DEFINITIONS

“Application” means the mobile application embedded in the Platform (as defined below).

“Applicable Law” means any and all federal, state, local or foreign laws, treaties, rules, regulations, regulatory guidance, directives, policies, orders, or determinations of (or agreements with), and mandatory written direction from (or agreements with), any Governmental Authority relating to sanctions and export controls, stored value, money transmission, remittance business, unclaimed property, payment processing, telecommunications, unfair or deceptive trade practices or acts, anti-corruption, trade compliance, anti-money laundering, counter-terrorism financing, “know your customer” requirements, data privacy, or data security.

“Claim(s)” includes, without limitation, all actions or demands of any kind that you have or may have in the future, causes of action, damages, penalties, losses, legal fees, costs, expenses, obligations, and all other liabilities of any kind or description whatsoever, either in law or in equity, whether known or unknown.

“Equipment” means any hardware, software or networks associated with your access to or use of the Services, including, but not limited to, your mobile device, laptop, internet browser, or operating system.

“Governmental Authority” means any duly authorised federal, national, supranational, state, provincial, local, or other government, governmental, regulatory, or administrative authority, agency, or commission, or any court, tribunal, or judicial or arbitral body, of competent jurisdiction.

“Merchant” means a User who is verified and approved by Binance to fulfil Deposit Request (as defined below) and Withdrawal Request (as defined below) made by other Users.

“Merchant Fee” means the fee to be earned by a Merchant on each Deposit Request or Withdrawal Request fulfilled. This fee shall be credited to the Merchant save a fee to be charged by Binance.

“Platform” means the Binance Peer-to-Peer platform.

“Platform Provider” means the owner and/or operator of the Platform.

“Wallet” means a digital wallet based on the Platform and linked to a Binance Account.

“Virtual Fiat Currency” means a virtual representation of a Fiat Currency and its denomination(s) that is recorded on a Binance Account and which is backed by USDT.

5. ACCOUNT AND WALLET ON PLATFORM
You would need to have an account with the Platform (the “Account”) and a Wallet to use the Services and your use of the Services will constitute your acceptance of the terms and conditions of the Platform (including without limitation any eligibility and identity verification requirements).

6. EQUIPMENT

6.1 The Services may not work, in whole or in part, with all Equipment. We reserve the right to impose certain limitations or restrict certain features offered to you within the Services.

6.2 If you use the Services, you are solely responsible for any fees that your wireless service provider may impose, or other third party charges, such as fees for any messages or data services. Your wireless service provider is not the provider of the Services, and we are not responsible for the Equipment you use to download or use the Services.

6.3 The availability and functionality of the Services may be subject to data transmission limitations or interruptions for any reason, including but not limited to, Equipment malfunction, periodic updates, maintenance, or repair of the Services or the financial services networks maintained by third parties, or other actions that we, in our sole discretion, may elect to take.

6.4 We do not guarantee that the Services (or any portion thereof) will be available at all times or in all areas. You acknowledge and agree that we are not responsible for any performance degradation, fees, interruption, or delays related to your Equipment and any consequences resulting therefrom.

7. THE SERVICES

7.1 Description of the Services

7.1.1 Binance provides you with the ability to (i) conduct person-to-person transfers of Virtual Fiat Currency; (ii) transfer Virtual Fiat Currency from your Account to your linked bank account via the Services; (iii) transfer Fiat Currency from your linked bank account to your Account via the Services; (iv) and use any additional features we may provide through your use of the Services.

7.1.2 If you access the Services through another mobile application other than the Platform, some of the Services may not be available to you, in whole or in part, within that third party application.

7.1.3 From time to time, we may impose limits on the size of transactions you conduct.

7.2 User’s Representations and Warranties

7.2.1 By using the Services, you represent and warrant that you are legally entitled to accept and agree to the Terms and that you have the right, authority, and capacity to use the Services and to abide by the Terms. You further represent and warrant that all the information which you provide to us shall be true and accurate.

7.2.2 Your use of the Services is for your own sole personal use and you undertake not to authorise others to use your identity or User status. When using the Services, you agree to comply with all Applicable Laws including the laws and regulations of the jurisdiction in which you are present while using the Services.

7.3 Third-Party Providers; Links to Other Sites

7.3.1 To provide you with certain features as part of the Services, Binance may integrate third-party applications into the Services. Accordingly, your use of certain features may be subject to your acceptance of separate terms with such third parties. We are not a party to those agreements, but to use the Services, you must agree to comply with those third-party terms. You acknowledge that we have no responsibility for the products or services provided by third parties.

7.3.2 This Agreement, the Application, or third-party integrations that provide you access to the Application may reference other websites which are not under Binance’s control. Binance is not responsible for the contents or terms of any website to which a link is provided. Links do not imply that Binance endorses any such websites, and Binance does not make any warranty or representation as to the accuracy, security, or operability of those websites. Usage of such services and/or websites will be governed by the terms applicable to your use of the third-party services. The disclaimer of warranties in the Terms also applies to any linked website.

7.4 License Grant
Binance or our licensors own all right, title, and interest in and to the Services and all related technology and intellectual property rights. Subject to the Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable, license or right to access and use the Services (including all updates, upgrades, and new versions of the same), and related content, materials, and information for your personal use only in accordance with the Terms. Except as expressly set forth in this clause, you obtain no rights under the Terms from us, our affiliates, or our licensors to the Services, including any related intellectual property rights.

7.5 License Restrictions

7.5.1 You are not authorised to use the Services in any manner or for any purpose other than expressly permitted by the Terms.

7.5.2 You agree you will not attempt to:

(i) modify, distribute, alter, tamper with, repair, or otherwise create any derivative works of any Services, the Application, software, any related content, materials, and information, and any other technology made available to you by Binance or its affiliates and licensors;

(ii) reverse engineer, disassemble, or decompile the Services, Application, software, or any other technology or apply any other process or procedure to derive the source code of any software included in the Services (except to the extent Applicable Law does not allow this restriction); and

(iii) resell, rent, lease, use for commercial purposes of any kind, sublicense, or otherwise transfer your rights in the Services, the Application and related content, materials, and information to a third party.

7.5.3 You must comply with the implementation and use requirements contained in all Binance documentation accompanying the Services (if any). If you do not comply with Binance’s implementation and use requirements, you will be liable for all resulting damages suffered by you, Binance, and third parties.

7.5.4 You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your endeavours). You will not imply any relationship or affiliation between us and you except as expressly permitted by the Terms.

7.6 Використання інших прав інтелектуальної власності
Binance і логотип Binance є торговельними марками/знаками послуг Binance. Решта зображених логотипів є торговельними марками/знаками послуг відповідних власників. Ви визнаєте та погоджуєтеся з тим, що вміст Застосунку і Послуг, зокрема текст, графіка, зображення, логотипи й значки кнопок, фотографії, редакційні матеріали, повідомлення, програмне забезпечення, дизайн і зовнішній вигляд (включно з комп’ютерними програмами на основі HTML) та інші матеріали, які ми використовуємо в Застосунку й Послугах, належать виключно нам та нашим ліцензіарам і захищені законами Сполученого Королівства й іншими законами про авторське право, товарні знаки та іншими законами. Таким чином, ви не набуваєте жодних прав власності або інших прав, титулів чи інтересів щодо них на підставі Правил або іншим чином, якщо лише таке право прямо не надано вам у цьому документі.Якщо інше прямо не зазначено в цьому документі, Застосунок, Послуги та їхній вміст не можуть бути скопійовані, відтворені, передані, відображені, виконані, поширені (за винагороду або інші умови), ліцензовані, змінені, оформлені, збережені для подальшого використання або використані інакше повністю чи частково будь-яким чином без нашої попередньої письмової згоди.

7.7 Feedback

7.7.1 You may be asked to provide feedback in different forms including, but not limited to surveys, research program participation requests, and other such requests for feedback regarding your use of the Services.

7.7.2 You acknowledge that Binance owns any feedback you give to us about the Services, and you hereby grant to Binance a perpetual, non-revocable, royalty-free worldwide license to use, fully exploit, incorporate, or otherwise use without restriction such feedback into any Binance product or service (including the Services) at any time.

7.8 Data Privacy and Data Security

7.8.1 Binance’s Privacy Policy describes how Binance collects and processes information from you, including information about you from other products and services that Binance and our affiliates provide. The Privacy Policy also explains how we use and share this information. By using Binance, you understand and agree to such processing and you promise that all data provided by you is accurate and up to date.

7.8.2 Consistent with the Privacy Policy, you consent to disclosure of information about you, your Account, and your transactions to third parties, including our affiliates:

(i) to verify your identity or the existence and condition of your Account for ourselves or for a third party, such as the Platform provider, a payment service provider or another hosted wallet provider;

(ii) to detect, prevent, and address fraud, security threats, and other potentially harmful conduct or illicit activity;

(iii) to comply with Applicable Law and other regulatory reporting obligations, as well as responding to subpoenas, inquiries, court orders, or other requests from law enforcement or government agencies;

(iv) to complete certain transactions, or

(v) if you otherwise give us your permission.

We will implement reasonable and appropriate measures to secure your information against accidental or unlawful loss, access, or disclosure.

8. TRANSFERS

8.1 Deposit Cash

8.1.1 To deposit an amount of Fiat Currency to your Wallet, access the Application on the Platform and specify the amount of Fiat Currency (the “Deposit Amount”) that you would like to deposit to your Wallet (your “Deposit Request”). You should verify all Deposit Requests before submitting them to us. We will match your Deposit Request with suitable Merchants who can fulfil your Deposit Request for a Merchant Fee and we will ask you to select one (1) Merchant to fulfil your Deposit Request.

8.1.2 After you have confirmed your selection of the Merchant, we will send your Deposit Request to them (a “Willing Deposit Merchant”). We will ask you to transfer the Deposit Amount to the Willing Deposit Merchant’s designated bank account or wallet using the Willing Deposit Merchant’s preferred payment method and confirm that you have transferred.

8.1.3 After you have confirmed that you have transferred the Deposit Amount to the Willing Deposit Merchant’s designated bank account or wallet using the Willing Deposit Merchant’s preferred payment method and the Willing Deposit Merchant has confirmed that he/she has received the Deposit Amount, we will add an amount equal to the Deposit Amount to your Wallet save the Merchant Fee.

8.1.4 If you do not confirm that you have transferred the Deposit Amount, your Deposit Request will not be processed and we will not add the Deposit Amount to your Wallet.

8.2 Withdraw Cash

8.2.1 To withdraw an amount of Virtual Fiat Currency from your Wallet, access the Application on the Platform and specify the amount of Virtual Fiat Currency (the “Withdrawal Amount”) that your designated bank account would like to receive and your preferred payment method (your “Withdrawal Request”). You should verify all Withdrawal Requests before submitting them to us. We will match your Withdrawal Request with suitable Merchants who can fulfil your Withdrawal Request for a Merchant Fee and we will ask you to select one (1) Merchant to fulfil your Withdrawal Request.

8.2.2 After you have confirmed your selection of the Merchant, we will send your Withdrawal Request to them (a “Willing Withdrawal Merchant”). We will ask the Willing Withdrawal Merchant to transfer an amount equal to the Withdrawal Amount to your designated bank account or wallet save the Merchant Fee, using your preferred payment method and confirm that he or she has transferred. We will notify you through the Application once the Willing Withdrawal Merchant has confirmed that he/she has transferred the Withdrawal Amount to your designated bank account using your preferred payment method and upon receiving our notification you are required to confirm that your designated bank account or wallet has received the Withdrawal Amount.

8.2.3 After you have confirmed that your designated bank account has received the Withdrawal Amount, we will deduct an amount equal to the Withdrawal Amount from your Wallet.

8.2.4 If you do not confirm that you have received the Withdrawal Amount, your Withdrawal Request will not be processed and we will not deduct the Withdrawal Amount from your Wallet. Should you wilfully refuse or fail to confirm receipt of the Withdrawal Amount, Binance may at its sole discretion and with evidence supported, deduct the Withdrawal Amount from your Wallet

8.3 You acknowledge and agree that Fiat or Virtual Fiat Currencies you send to or receive from your Wallet may be subject to holds, limitations, or reversals. You also agree that we may deduct any amount you receive to your Wallet if we determine that the transaction or your Wallet or Account is in violation of Applicable Law or any of the Terms.

8.4 Binance does not control the experience, security or ability of your, a Willing Deposit Merchant’s or a Willing Withdrawal Merchant’s bank to complete a deposit or withdrawal under this Clause 8. Binance is not liable for any financial or other loss or damage you may sustain while conducting a deposit or withdrawal under this Clause 8.

8.5 Binance allocates a Merchant to a Deposit Request or Withdrawal Request based on Binance’s proprietary algorithm in determining (i) a Merchant’s suitability in respect of the request; and (ii) the speed in which a Merchant accepts a Deposit Request or Withdrawal Request upon him/her being notified of such a request. Any decisions made by Binance regarding the allocation are final and binding and at our sole and absolute discretion.

8.6 Virtual Fiat Currency

8.6.1 When you use the Services, your Wallet will be credited with Virtual Fiat Currency, rather than Fiat Currency. This means that your account balance denominated in the relevant Fiat Currency will not represent an entitlement to an amount of Fiat Currency, but rather an equivalent amount of Virtual Fiat Currency.

8.6.2 You acknowledge and agree that Virtual Fiat Currency balances in your Wallet are not backed by an equivalent amount of Fiat Currency held in bank accounts. Rather, Virtual Fiat Currency is backed by USDT. In normal market conditions, the amount of USDT held in reserve in respect of each unit of Virtual Fiat Currency is periodically adjusted to reflect the exchange rate between the relevant Fiat Currency and USD. However, in extreme market conditions, in particular if the relevant Fiat Currency appreciates rapidly and/or significantly against USD, Binance reserves the right, in its sole discretion and without liability to you or any third party whatsoever, to convert any Virtual Fiat Currency balance into USDT at a rate of exchange determined by Binance in its sole discretion, acting in a commercially reasonable manner.

8.6.3 You further acknowledge and agree that, subject to clause 8.6.2 above, (i) when you make a deposit, the Deposit Amount will be converted 1:1 to an equivalent amount of Virtual Fiat Currency denominated in the same Fiat Currency as the Deposit Amount; and (ii) when you make a withdrawal, your balance of Virtual Fiat Currency will be converted 1:1 to an equivalent amount of Fiat Currency denominated in the same Fiat Currency as the Withdrawal Amount. Notwithstanding the foregoing and Binance’s rights under clause 8.6.2 above, Binance may at any time suspend or terminate your ability to convert Fiat Currency into Virtual Fiat Currency and vice versa. If the conversion of Virtual Fiat Currency into Fiat currency is suspended or terminated, you shall be entitled to redeem your Virtual Fiat Currency for USDT at a rate of exchange determined by Binance in its sole discretion, acting in a commercially reasonable manner.

8.7 Transaction History
You can view your transaction history by logging into your Account on the relevant application.

9. FEES; TAXES

9.1 Merchant Fees

9.1.1 Merchants may charge you a Merchant Fee to fulfil a Withdrawal Request or a Deposit Request. A Merchant may amend the Merchant Fees at any time. Any Merchant Fees imposed by the Merchants would be displayed in the Application.

9.2 Taxes

9.2.1 Your use of the Services to conduct a deposit or withdrawal under Clause 8 may be subject to various taxes, such as an income or capital gains tax, value-added tax, goods and services tax, or sales tax in certain jurisdictions. It is your responsibility to determine whether taxes apply to any transactions you initiate or receive and, if so, to report and/or remit the correct tax to the appropriate tax authority. Please consult your transaction history through the Application.

9.2.2 We do not and, at this time, are not obligated to collect any taxes on your behalf. If Binance is required to collect, remit and/or withhold such applicable taxes, you are required to provide necessary tax information or documents in order for us to calculate and collect accurate taxes or withholding from you. Your transactions may also be subjected to other tax and reporting requirements, such as for personal income taxes.

10. REFUNDS; COMPLAINTS

10.1 No cancellations
You are solely responsible for ensuring that the information you provide to us is complete and accurate prior to initiating a transaction under Clause 8. Once you confirm your Deposit Request or Withdrawal Request and proceed with a deposit or withdrawal (as the case may be), your transaction is considered final and cannot be undone. You cannot revoke your consent or request a refund for a transfer unless we determine that the transaction is eligible for a refund in accordance with the Terms.10.2 Refunds

10.2.1 If you suspect an error or unauthorized transaction was made using the Application, you should notify us as soon as possible, but no later than fifteen (15) calendar days from the date the transaction is posted to your transaction history. You agree to fully cooperate with our investigation by providing any information and/or additional documents as requested.

10.2.2 Binance will only conduct an investigation if you suspect that:

(i) we made a computational or bookkeeping error;

(ii) we debited or credited the incorrect amount in your Wallet;

(iii) your transaction history does not accurately report a transaction; or

(iv) you failed to receive a transaction confirmation, or the amounts displayed on your transaction confirmation and transaction receipt differ.

10.2.3 Following our investigation, we will make a determination on whether to honour your refund request. Binance does not refund a transaction if, for example, you:

(i) file a chargeback claim with your bank for the same transaction;

(ii) accidentally sent local fiat currency to the wrong person or receive local fiat currency from someone you do not know;

(iii) buy or sell a good or service; or

(iv) someone you know uses your Account or Wallet to conduct a transaction you later wish to cancel.

10.3 Complaints
You may submit a complaint to us regarding transactions, refunds, the Application, the Services, or other matters that may warrant investigation by us (a “Complaint”). If you suspect someone has without your authorisation used your identity to create an Account or perform a transaction using your Account or Wallet, please submit a Complaint, in addition to pursuing any other civil or criminal remedies you may have. To submit a Complaint, contact the Platform’s support center. The relevant support team will take action to address a Complaint in accordance with the Terms. You agree to use this process before submitting any dispute for dispute resolution.

10.4 Documentary Evidence of Payment
We strongly advise you to keep all evidence of your payment(s) made to a Merchant’s designated bank account for dispute resolution purposes.

11. AML/CTF AND SANCTIONS COMPLIANCE

11.1 Commitment to AML/CTF and Sanctions Compliance
We are firmly committed to participating in international efforts to combat money laundering, the funding of terrorist activities, and other illicit conduct that is the focus of financial and economic sanctions. We have implemented a risk-based global anti-money laundering compliance program designed to comply with Applicable Law and other global standards and best practices relating to the prevention of money laundering and terrorist financing (“AML Laws”), as well as laws and regulations relating to the imposition of financial and economic sanctions, in the jurisdictions in which we operate.

11.2 Suspicious Activity Monitoring and Holds
To comply with AML Laws and sanctions laws and regulations, and to protect you from unlawful use of the Services, Binance monitors transactions for potential fraud, suspicious activity, and sanctions evasion. As a result, in some cases your transactions, funds, Wallet or Account may be suspended, reversed, rejected, delayed, placed on hold, limited, or blocked to permit these processes to proceed to conclusion. In addition, Binance may be required to file suspicious activity reports with the applicable Governmental Authority.

12. INDEMNIFICATION; RELEASE; LIMITATION OF LIABILITY

12.1 Indemnification
You will defend, indemnify, and hold harmless Binance, its affiliates, and each of their respective shareholders, members, directors, officers, employees, agents, and representatives (collectively, the “Indemnified Parties”) from and against any losses, liabilities, damages and all related costs and expenses arising out of or relating to any Claim concerning: (i) your access to or use of the Services, including information provided in connection therewith; (ii) your breach or alleged breach of the Terms or Applicable Law; (iii) any misrepresentation made by you; or (iv) any dispute between you and a third party, including without limitation if such third party is also a User or a Merchant. You will cooperate as fully as required by us in the defense or settlement of any Claim.

12.2 Release
If you have a dispute with one or more Users, Merchants, or one of our third-party service providers, you release the Indemnified Parties, joint ventures, partners, and suppliers from any and all Claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. To the extent permitted by Applicable Law, you waive and release the Indemnified Parties from all Claims you have or may have arising from or relating to the Terms.

12.3 Обмеження відповідальності
За жодних обставин Сторони, звільнені від відповідальності, не несуть відповідальності перед вами за особливі, випадкові, непрямі, нематеріальні або штрафні збитки (за договором, правопорушенням чи іншим чином) або за претензії третіх сторін, пов’язані з нашими Умовами обслуговування або такі, що випливають із них, зокрема, серед іншого, упущену вигоду, втрату бізнесу чи ділової репутації або неможливість використання (навіть якщо Сторони, звільнені від відповідальності, були повідомлені про можливість таких втрат). Сукупна відповідальність Сторін, звільнених від відповідальності, пов’язана з Умовами або Послугами, що випливає з них або іншим чином пов’язана з ними, не повинна перевищувати найбільшу суму, виплачену як комісійні Binance протягом 12 місяців до подання претензії, або 1000 доларів США (US$1000), залежно від того, що менше на момент порушення з боку Binance.На скільки це допускається чинним законодавством, Сторони, звільнені від відповідальності, не несуть відповідальності за затримку чи помилку, несплату, збитки, викупну вартість або шкоду, що виникають унаслідок нашої нездатності надати Послуги (чи їхню частину) або виконати наші зобов’язання за Правилами, що прямо чи опосередковано виникають у результаті: проблем зберігання чи безпеки, помилок, затримок виконання, технічних збоїв, злому чи кібератак, порушень безпеки даних, технічних поломок обладнання чи промислових спорів, систем зв’язку, інтернет-послуг, способів або систем оплати, надзвичайних ситуацій у країні, заворушень, війни, повеней, вибухів, карантинів, пандемії, форс-мажорних обставин чи будь-яких інших подій, що знаходяться поза нашим контролем.

12.4 No Warranties
Except as expressly set forth in the Terms, the Indemnified Parties make no representations or warranties and expressly disclaim all warranties, whether express or implied, written or oral, statutory, or otherwise, including implied warranties of title, merchantability, fitness for a particular purpose, non-infringement, and those arising from course of dealing or performance, usage, or trade practices. The Services are provided “as is” and Binance does not warrant that the Services will be error-free or uninterrupted. We will not be responsible for any service interruptions, including, but not limited to, custody or cybersecurity breaches, power outages, IT system failures or other interruptions that may affect the receipt, processing, acceptance, payment, completion, or settlement of transfers or use of the Services or the Application.

13. PROHIBITED ACTIVITIES

13.1 In connection with your use of the Services, you agree that Binance, without notice (except as required by Applicable Law) and without liability to us, may refuse your Deposit Requests, your Withdrawal Requests, suspend, deactivate, limit, or terminate access to, or refuse to provide, any Services, in our sole and absolute discretion, including without limitation, if you engage in any of the following “Prohibited Activities”:

13.1.1 breach any provision of the Terms, which we shall have the right to determine in our sole and absolute discretion;

13.1.2 use the Services for any unlawful purpose or in violation of Applicable Law, which we shall have the right to determine in our sole and absolute discretion;

13.1.3 create or control more than one personal Account for yourself without our or the Platform provider’s express authorisation, through, among other methods, using a name that is not yours, using a temporary phone number or email address, or providing any other falsified personal information;

13.1.4 act in a manner that is defamatory, trade libellous, threatening, or harassing;

13.1.5 infringe Binance’s, our affiliates’, or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;

13.1.6 provide us false, inaccurate, incomplete, or misleading information;

13.1.7 provide offensive or inappropriate images to us;

13.1.8 send, receive, or participate in what we reasonably believe to be suspicious or potentially fraudulent transactions;

13.1.9 refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;

13.1.10 access the Services while residing or being located in a jurisdiction that is restricted by Binance, including jurisdictions where we are not approved to operate;

13.1.11 employ any means to defraud Binance, Merchants or other Users, or enrich yourself, through any means, whether fraudulent or otherwise;

13.1.12 take any action that imposes an unreasonable or disproportionately large load on our infrastructure; 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; attempt to hack; scrape; use an anonymizing proxy; use any robot, spider, other automatic device or manual process to monitor or copy the Application source code or the Platform source code without our or the Platform provider’s prior written permission; use any device, upload material containing viruses or any other harmful programs, software or routine to bypass our robot exclusion headers (if any); or interfere or attempt to interfere with the Services; or

13.1.13 take any action that may cause us or potentially cause us to lose third party partner services.

13.2 Additionally, we may, at our sole discretion and without waiving any of our rights, reverse any funds, freeze, close, cancel, suspend, or limit your use of or access to your balance, funds, Account, Wallet, and/or the Services. We may report or disclose to a Governmental Authority information concerning your Account, Wallet, transactions, or use of the Services where we determine in our sole discretion that such report or disclosure may be required by Applicable Law or is otherwise appropriate.

14. OTHER PROVISIONS

14.1 Headings and Hyperlinks
All headings and titles used in the Terms are used for convenience only and are not to be considered in construing or interpreting the Terms. Highlighted and underlined words may contain links to additional terms.

14.2 Whole Agreement
The Terms, along with the Privacy Policy incorporated by reference, contain the whole agreement between you and Binance with respect to the Services at the Effective Date to the exclusion of any terms implied by law which may be excluded by contract and supersedes any other previous written or oral agreement between you and Binance with respect to the Services. All terms and references used in these Terms and which are defined and construed in the P2P Terms and the Binance Terms, but are not defined or construed in these Terms, shall have the same meaning and construction in these Terms.

14.3 Waiver
Our failure to act with respect to a breach of the Terms by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that if Binance does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Binance has the benefit of under any Applicable Law), this will not be considered to be a formal waiver of Binance’s rights and that those rights or remedies will still be available to Binance.

14.4 Assignment
You shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of their rights and obligations under the Terms without our prior written consent. Binance may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Terms without reference to you.

14.5 Remedies
No remedy conferred by any of the provisions of the Terms is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise, and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, by statute or otherwise. The election of any one or more of such remedies by Binance shall not constitute a waiver by Binance of the right to pursue any other available remedies.

14.6 Third Party Rights
A person who is not a party to the Terms has no right to enforce any term of, or enjoy any benefit under, the Terms.

14.7 Invalidity

14.7.1 If any provision in the Terms shall be held to be illegal, invalid or unenforceable, in whole or in part, the provision shall apply with whatever deletion or modification is necessary so that the provision is legal, valid and enforceable and gives effect to the commercial intention of you and Binance.

14.7.2 To the extent it is not possible to delete or modify the provision, in whole or in part, under Clause 14.7.1, then such provision or part of it shall, to the extent that it is illegal, invalid or unenforceable, be deemed not to form part of the Terms and the legality, validity and enforceability of the remainder of the Terms shall, subject to any deletion or modification made under Clause 14.7.1, not be affected.

14.8 Translation
The Terms may be translated into another language. However, in the event of any inconsistency between the English language version and a translated version, this English version will at all times prevail and take precedence. Any translation must include a provision to the same effect as this Clause.

14.9 Force Majeure
Binance shall not liable for any delay or non-performance of our obligations under the Terms arising from any cause beyond its reasonable control including strikes or labour disputes, lock-outs, acts of God, war, terrorist attack, riot, civil commotion, malicious damage, compliance with any law, governmental order, rule, regulation or direction or any action taken by a government or public authority (including imposing an export or import restriction, quota or prohibition), nuclear, chemical or biological contamination, sonic boom, pandemic, epidemic, breakdown of or error or non-performance of plant, machinery, utility service, technology or communications networks, fire, explosion, collapse of buildings, flood or storm.

14.10 Termination
The Terms are in effect each time you use the Services. Binance may terminate your use of the Services at any time without cause or prior notice. This may happen, for example, if your identity cannot be verified or the action is necessary to protect the security of the Services. The Terms will continue to apply following its termination with respect to any obligations incurred or arising prior to its termination.

14.11 Nature of the Terms
Nothing in the Terms will create, or be deemed to create a partnership, a joint venture, an agency or a fiduciary duty between you and Binance. You shall not have any authority to transact any business in the name of Binance or on its behalf or to incur any liability for or on behalf of Binance.