Terms and Conditions | TD Binary



  1. 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.
  2. 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.
  3. Definitions

    The following terms used in this Agreement shall have the meaning ascribed next to them, unless stated otherwise in this Agreement:

    1. "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;
    2. "Donation" shall mean the funds collected from the investor and donators and it is meant for charity work only.
    3. "Profits" shall mean the interest generated from the deposit of the investors;
    4. "Deposit" shall mean the funds invested by the investor into the TD Binary company;
  4. 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.
  5. The Account

    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
  6. The Company hereby warrants and undertakes that:

    1. It has the required skills and know-how to provide the Services.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
  7. 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:

    1. 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
    2. 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
    3. 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.
    4. 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.
  8. You hereby warrant and undertake that:

    1. 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.
    2. You shall be the sole owner and beneficiary of the account.
    3. 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.
    4. 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.
    5. 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.
    6. 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.
    7. 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.
    8. 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.
    9. 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.
    10. 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:

      1. 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.
      2. 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.
      3. 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.
    11. 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.
  9. Additional deposits, Withdrawals, and Closure of the Account

    1. 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.
    2. You may transfer to your account, at any time. All terms of this Agreement shall apply to any additional funds so deposited.
  10. Duly Authorized Persons

    1. 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.
    2. 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.
  11. Recording of Telephone Conversation and Record Keeping

    1. The Company or an authorized party on its behalf may (but is not obligated to) record every telephone conversation.
    2. 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.
    3. 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.
    4. 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.
  12. Risks and Liability

    1. 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.
    2. 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.
  13. Reports

    At your request, the Company or an authorized party on its behalf shall provide you with reports of all your deposit and profit.
  14. Commissions and Charges

    You shall not be charged any commissions by the Company for any transaction executed unless agreed otherwise by the Parties hereto.
  15. Force Major

    1. 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.
    2. 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.
  16. Settlements and Payments

    1. 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
    2. 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.
    3. 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.
    4. Payment by credit cards. Payments may be made to the Company by credit cards subject to the regulations of the applicable credit cards issuers.
  17. Intellectual property

    1. 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