- The following describes the terms and conditions upon which
offers TD Binary access to its Website to you the customer ("you")
and the use of its services (the "Agreement").
This Agreement describes the terms, conditions and risks applicable
to your use of our services available under the domain of
http://www.TDBinary.com (the "Site"). If you have any questions
regarding this Agreement, please contact Customer Support.
You must read, agree with and accept all of the terms and conditions
contained in this Agreement without modifications, which include
those terms and conditions expressly set forth below and those
incorporated by reference, before you may become an user of TD Binary.
By continuing to access or use the Site, you agree to follow the terms
and conditions of this Agreement, as they may apply to you.
This Agreement is effective upon acceptance upon the registration for
newly registered users. If you do not agree to be bound by the terms
and conditions of this Agreement, then do not use or access our services,
and inform us in writing immediately.
- The Company is engaged in the operation of an online donation
system facilitating the execution of charity activities (as defined
hereunder) by using various platforms and TD Binary names (hereinafter
referred to as: "TD Binary"). This Agreement applies to both the Company’s
Web site and TD Binary System (as defined hereunder) as well as to the
electronic content and or software currently contained on the Web site and
any other features, content or services that the Company may add in the
future. The Company provides the Services directly to its customers and/or
sometimes by the use of authorized local representatives. The representative
applicable to your country, if one is available, is listed in the attached
Designated Representatives Exhibit. In the event that the Company has a
local representative, the Company may delegate to such representative any
powers and/or authorities it so deems fit and necessary form time to time,
in connection with the local operations of the TD Binary system at your
country of residence.
-
Definitions
The following terms used in this Agreement shall have the meaning ascribed
next to them, unless stated otherwise in this Agreement:
- "System" shall mean an electronic system designed to facilitate
payment gateway and user registration via the Internet using the TD
Binary platform as defined above subject to all terms of this Agreement
and the terms of the Trading Manual (as defined below) which conforms an
integral part of the Agreement;
- "Donation" shall mean the funds collected from the investor and
donators and it is meant for charity work only.
- "Profits" shall mean the interest generated from the deposit of
the investors;
- "Deposit" shall mean the funds invested by the investor into the
TD Binary company;
- Membership Eligibility
The Company’s Services are available and may be used only by individuals
or companies who can form legally binding contracts under the applicable
laws in their country of residence. In addition, the Services are not
available to persons under the age of 18 or otherwise under legal age or who
cannot execute legally binding contracts under laws of their country of
residence ("Minors"). If you are a minor, you may not use this service. For
the avoidance of doubt, the Company shall not be responsible for any
unauthorized use of its Services by Minors in any way or manner. Furthermore,
the Services are available only to, and may only be used by individuals who
have sufficient experience and knowledge in financial matters to be capable
of evaluating the merits and risks of acquiring financial contracts via this
site and have done so without relying on any information contained in this
site. To remove any doubts, the Company is under no obligation to verify
and/or check whether you possess such sufficient knowledge and/or experience,
nor shall it be responsible for any damage and/or loss incurred by you as a
result of insufficient knowledge and/or experience. Furthermore, it is hereby
clarified that the Company is not, and shall not, be responsible in any way
to the accuracy of any information published on its Web site by itself or by
others, and every published or referenced item of information should be
regarded as unfounded information for the purposes of managing your activity
and risks. We strongly emphasize that you must ensure that all information
required by you was checked and confirmed by yourself, through independent
information sources to your satisfaction prior to the execution of any action
by yourself on the Web site. IF YOU DO NOT HAVE THE KNOWLEDGE AND/OR
EXPERIENCE AND/OR PERSONALLY ASSESED DATA OR EXECUTE TRANSACTIONS BASED ON A
LEARNED BASIS PLEASE DO NOT USE OUR WEB SITE OR SYSTEM.
- The Account
- Upon execution of this Agreement, the Company shall set up an account
in your name and ownership in the System. The account and other relevant
details shall be in accordance with the information provided by you, as
shall be required by the Company from time to time. You must ensure that
the information provided by yourself is complete, true and accurate. It is
hereby clarified that the provision of misleading information may be regarded
as an offence and shall entail immediate cessation of activities in your
account or its immediate closure. You acknowledge that upon the completion
of your identification process by the Company, it may report you as a
beneficiary in the applicable account held by the financial institution
with which the Company deposits the Collateral funds, in amounts up to the
credit balance recorded in your account at the System from time to time, and
to that end may transfer identification details provided to it by yourself.
- By accepting all of the terms and conditions of this Agreement, you
hereby authorize and empower the Company, until written notice contrary to
the effect shall be received from you by the Company to carry out orders and
activities in accordance with your instructions or according to instructions
provided by your duly authorized agent(s) in writing and/or orally all in
accordance with the powers granted to the Company under this Agreement and/or
for the provision of the Services.
- To remove any doubts, it is hereby clarified that the Company may, at
its sole discretion, amend form time to time the terms governing the use of
the System, the scope of its Services without prior notice. However, any such
change to the rules made whilst the site is in operation will not apply
retrospectively.
- Upon the opening of the account, the Company shall issue you with a
confidential personal identification code (hereinafter: the "Access Code") to
be used by you to operate your account via the Internet. You hereby
irrevocably undertake to safeguard the Access Code and hereby waive any and
all claims against the Company relating to any unauthorized use of the Access
Code.
- Acquisition of deposit and donation through the System must be effected in
accordance with the latest version of the terms and conditions presented in
this site. To remove any doubts, the Company may amend, change or cancel any
part of the said terms and conditions, and their effect shall be from the date
such amended terms have been inserted into the site. Acquisition of a deposit
and donation is completed when the deposit and donation has been customized,
the premium (or the pat, as the case may be) has been calculated and payment
has been verified.
- The Company hereby warrants and undertakes that:
- It has the required skills and know-how to provide the Services.
- In no event shall the Company or anyone on its behalf shall act,
or be deemed to act, as agent/trustee/broker for you when executing
donation services nor payment in the System.
- Neither at present, nor in the future shall it provide any
financial advise to you or any of its customers and no information
which may be found on the Company’s Web site may be considered as financial
advise for any purpose whatsoever. To remove any doubts, information
given on the site, the System and/or emails or newsletters sent by the
Company related to its Services, is not intended to be used as financial
or investment advice and the Company shall not accept any liability in
this respect, nor shall the Company accept any responsibility for the
accuracy or comprehensiveness of the information provided on this site.
It is your responsibility to any and all independent inquiries as you deem
fit, prior to making any financial decision.
- It shall not be liable in any way whatsoever for any claims, suits,
contentions, losses, expenses, damages etc. incurred by you as a result of
your reliance on any information provided by the Company.
- The maximum loss that you may incur using the System, is the amount of
money paid by you to the Company as Collateral and/or any sums in your
Account which you used to donate or deposit.
- Company’s rights regarding the operation of your account
The Company reserves the right to suspend the operation of this site or sections
thereof under the following circumstances:
- When, as a result of political, economic, military or monetary events
(including unusual market volatility or illiquidity)
or any circumstances outside the control, responsibility and power of the
Company, the continued operation of this site or the System shall not be
reasonably practicable without materially and adversely affecting and
prejudicing your interests or the Company, or
- when there is a breakdown in the means of communication normally employed
in determining the price or value of any of the deposit or donation or
where the value of any of the deposit nor donation cannot be promptly
or accurately ascertained; or
- when the Company has reason to suspect that the System was abused
by you or that you have used some means in order to
affect or manipulate the System in general or the price of a specific
donation or deposit in particular.
- Under such circumstances, other than in the case of abuse or
manipulation of the System, the Company may at its sole
discretion (with or without notice) close out your deposit or
donation at such a time and no claims may be entertained
against the Company in connection thereto.
In case of abuse or manipulation of the System, the Company may
at its sole discretion take any measures it deems fit and
appropriate under the said circumstances.
- You hereby warrant and undertake that:
- All details provided by you to the Company are true, complete
and accurate and that you are an adult over the age of 18 (
or the required minimum age in your country of residence) so
that you may be legally bound by the terms of this Agreement and that you are an
experienced investor who has sufficient knowledge and experience to
understand and independently evaluate the risks entailed in the activities
contemplated under this Agreement.
- You shall be the sole owner and beneficiary of the account.
- You acknowledge and understand that the Company operates and is
regulated under applicable local laws and regulations
of Malaysia & China. You are aware and you hereby acknowledge that the
Company cannot control your actions and you are required to make necessary
inquiries as to the legal status of your activities and applicable local laws
and regulations, as currently in force in your place of residence and abide
by such laws and regulations. You understand that laws regarding deposit and
donation vary throughout the world, and it is your sole obligation to ensure
that you fully comply with any laws, regulations or directives, relevant to
your country of residency with regards to the use of the Web site and/or the
System. For avoidance of doubt, an actual ability to access the Company’s Web
site does not necessarily mean that the Services and your activities are legal
under the laws, regulations or directives, relevant to your country of residence.
You hereby confirm, after conducting the necessary inquiries, that there is no
legal constraint which precludes you from using the System or executing
deposit and donation as described in this Agreement. To remove any doubts,
the Services are not to be used where they are illegal to use, and the Company
reserves the right to refuse to provide and/or cancel Services, in whole or in
part, to anyone at any time, at its own discretion without cause, including
but not limited to events in which the Company learns that you are performing
activities which are not regulated under the laws of your place of residence.
- All funds to be deposited by you in your account from time to time, are of
legal origin, are not the proceeds of crime, including but not limited to,
proceeds of drugs trafficking or dealings in other prohibited substances or
proceeds of illegal arms trades, illegal gambling, prostitution, terror funds etc.
To remove any doubts, monies received from you are not invested in any securities,
futures, currencies, derivatives or other investments, on your behalf by the
Company or anyone on its behalf. Such monies are used as collateral for your deposit
in the System.
- You are aware of the risks involved in the execution of the deposit
described in this Agreement and you have read and understood the Risk Factors
Disclosure section at the bottom of this page, which forms an integral part
hereof and you agree to all of its terms.
- You acknowledge that you are solely responsible and personally liable
for any and all actions and orders to be executed in your account, including
the settlement of any withdrawal, whether performed by you in person, any
member of your family, any other third party who have gained access to your
account, or by your agent or attorney or the Company’s employees carrying out
your orders. You further agree that neither the Company nor its employees or
anyone on its behalf shall be liable in any way whatsoever to the outcomes or
consequences of such actions and/or orders. You are responsible for ensuring that
you and you alone shall control access to your account, and that no minors are
granted access to trading on the System. In any case, you remain fully liable for
any and all positions traded on your account, and for any credit card transactions
entered into the site for your account. You shall also indemnify the Company in
respect to all costs and losses of any kind, whatsoever as may be incurred by the
Company as a result, direct or indirect, of your failure to perform or settle such
a transaction.
- You are aware that the Company does not provide any equipment nor is it an
Internet Service Provider and therefore it shall not be liable, directly or
indirectly, to any malfunction of any kind and nature whatsoever, on your end,
or any other equipment not provided by the Company and/or any Internet connection
malfunction and/or any computer program or software bugs and/or errors including
but not limited to delays in the transmittal of your orders or the delayed receipt
thereof. You shall be responsible for providing and maintaining the means by which
to access the Web site, which may include without limitation a personal computer,
modem and telephone or other access line. You shall be responsible for all access,
service, license and subscription fees necessary to connect to the Web site and
assume all charges incurred in accessing such systems. You further assume all risks
associated with the use and storage of information on your personal computer or on
any other computer through which you will gain access to the Web site and the services
(hereinafter referred to as "computer" or "your computer"). You represent and warrant
that you have implemented and plan to operate and maintain appropriate protection in
relation to the security and control of access to your computer, computer viruses
or other similar harmful or inappropriate materials, devices, information or data.
You agree that the Company shall not be liable in any way to you in the event of
failure of or damage or destruction to your computer systems, data or records or
any part thereof, or for delays, losses, errors or omissions resulting from the
failure or mismanagement of any telecommunications or computer equipment or software.
You shall not transmit to or in any way, whether directly or indirectly, expose
the Company or any of its online service providers to any computer virus or other
similarly harmful or inappropriate material or device.
- You acknowledge and confirm that the Company does not represent, warrant or
guarantee that: (i) you will be able to access or use the web site at times or
locations of your choosing, or that the Company will have adequate capacity for
the web site as a whole or in any geographic location; and (ii) the web site will
provide uninterrupted and error-free service. You hereby further acknowledge and
confirm that the Company shall not be responsible for an impossibility to execute
orders and requirements due to failures in the operation of information systems
caused by faults, of any kind whatsoever.
- You shall duly report your activities to any applicable tax or other authority,
as may be required by any laws applicable to you or to your country of residence
and you shall pay all applicable taxes, levies, governmental fees and charges
associated with the activities of your account including required deductions at
source and you forego any claim against the Company in this respect.
- You shall not abuse this site nor the System for the purpose of money
laundering. The Company employs best-practice anti-money laundering procedures,
which may have several effects on you. The Company reserves the right to refuse
to do business with, to discontinue to do business with, and to reverse the
Transactions of, customers who do not accept or adhere to these anti-money
laundering processes. The anti-money laundering processes have the following
effects on customers:
- Profits may only be paid to the initiator of an account and to
an account under his own name and not to any third party’s account.
When you maintain an account by means of telegraphic deposits,
Profits are only paid to the holder of the originating bank account,
and it is your onus to ensure that account number and name accompany
all transfers to the Company. When you maintain an account by means of
credit/debit card deposits, Profits are paid back to the same card up
to the value of the collateral deposited. Additional Profits will be
transferred by telegraphic means subject to the conditions described above.
- Only one account is allowed per person. No Profits may be collected
on accounts opened in false names or on multiple accounts opened by the same person.
- The Company may, from time to time, at its sole discretion,
require you to provide proof of identity (such as notarized copy of
passport or other means of identity verification as the Company deems
required under the circumstances) and may at its sole discretion suspend
an account until such proof has been provided to its satisfaction.
- You have read this Agreement in its entirety including its appendices, and
understood its content and implications, including the risk of loss of all of
your Collateral, before accepting its terms.
- Additional deposits, Withdrawals, and Closure of the Account
- Any withdrawal of the available Collateral, whether partial or total,
including any accrued profits (but not future profits) – shall be executed by
you in writing, with a prior notice to the Company of at least seven business days.
- You may transfer to your account, at any time. All terms of this Agreement
shall apply to any additional funds so deposited.
- Duly Authorized Persons
- You may from time to time inform the Company of any person or persons that you
have empowered or authorized to communicate with the Company on your behalf. Such
information shall only be sent to the Company by a written notice, which shall include
the names and identifications details of the authorized person or the persons. In
addition a signature specimen of each of the above shall be delivered to the Company.
This delegation of authority could also be revoked in writing.
- Written or orally transmitted orders to execute account management by any such
authorized representative shall bind you and the Company for all intents and purposes.
- Recording of Telephone Conversation and Record Keeping
- The Company or an authorized party on its behalf may (but is not obligated to) record
every telephone conversation.
- The Company or an authorized party on its behalf shall keep copies of every written
order received from you for a period to be determined by its sole discretion. Furthermore,
the Company or an authorized party on its behalf shall maintain records of all your deposit
and donations.
- Any of these records/recordings may be used by the Company for any purpose the Company
sees fit, including in the resolution of conflicts which might occur between the Parties.
- It is hereby clarified that the said records/recordings are the sole property of the
Company and it is under no obligation to deliver or expose such material to anyone. It is
further clarified, that in any event in which the Company shall be required to deliver a
copy of such or provide documentation regarding your account, including by strict instructions
from the competent bodies or authorities, you shall bear the full cost of duplicating and/or
copying of any record and/or documents in accordance with the then current the Company official
price list for such services.
- Risks and Liability
- All the deposit and donation shall be carried out on your behalf and at your risk. Neither
the Company nor any authorized party on its behalf shall be held liable for any loss, damage or
debt incurred by you resulting directly or indirectly by actions contemplated under this Agreement.
To remove any doubts, in any event, any sum to be claimed by you may not exceed your deposit.
- You hereby declare that you understand and accept that a fundamental pre-condition to this
Agreement, relates to the Company’s right to close at any time, without an advanced notice.
- Reports
At your request, the Company or an authorized party on its behalf shall provide you with
reports of all your deposit and profit.
- Commissions and Charges
You shall not be charged any commissions by the Company for any transaction executed unless
agreed otherwise by the Parties hereto.
- Force Major
- You understand that the facilities provided by the System, may be halted or suspended at
any time without a prior notice due to circumstances beyond the control of the Company. You
hereby waive any claims of indemnification / suits / causes of action against the Company in
such an event and acknowledge that such waiver is a pre-condition to the validity of this Agreement.
- The Company reserves the right, provided a prior written notice to this effect has been
sent to you, to cancel any deposit and donation that due to a System and/or human error.
- Settlements and Payments
- It is hereby clarified that the Company does not provide currency exchange services and
therefore your fund may not be repaid to you in a currency different from the currency you
deposited with the Company. The outstanding balance (of your debts and receivables from the
Company) shall be repaid to you in the same currency with which you paid your deposit
- To remove any doubts, all payments demanded by you shall be transferred to you within,
and no later than, seven (7) business days following your request for payment.
- Withdrawal instructions.
In case you wish to withdraw funds accrued in your account, you must complete, sign and return
to the Company, as a pre-condition to processing your request, the "Request for release of
funds" form, which shall be delivered to you by the Company or an authorized party on its
behalf. No funds shall be released by the Company without the prior receipt by the Company
or an authorized party on its behalf, of the said form, duly signed by you or your designated
representative.
- Payment by credit cards. Payments may be made to the Company by credit cards subject to
the regulations of the applicable credit cards issuers.
- Intellectual property
- This Web site belongs to us or a third party including our licensors. This content may
include names, terms and/or data which may or may not be identified with a symbol identifying
it as a name, term or item in which copyright
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