Terms of Service
Version 2. Last modified 16 June 2016
1. This Document
1.1 This document (the “Agreement”) sets out the terms of service (“Terms”) between the “Company”, which is Deriv Services Ltd, and you as the person who would like to make use of the Binary.com Shop. The term the “Company” shall also denote “we”, “us”, “our”, “Deriv Services Ltd” and the “Binary.com Shop”. The term “you”, “your, or the “client” shall have the same meaning for the purposes of this agreement.
1.2 We reserve the right to modify, supplement, or replace these Terms at any time and without giving you any prior notification. The latest Terms will always be available on Binary.com Shop and your continued access to and use of Binary.com Shop constitute your acceptance to the revised Terms.
2.1 By visiting Binary.com Shop and/or purchasing from Binary.com Shop, you are accepting these Terms and any other legal notices displayed on Binary.com Shop. It is your responsibility to read and understand these legal notices and the Terms pursuant to the purchases of the products and services via which Binary.com Shop is governed. If you do not agree with these Terms, you should not continue accessing and using Binary.com Shop. These Terms apply to all users of Binary.com Shop, including without limitation to, users who are browsers, vendors, customers, merchants, and/or contributors of “Content” (defined as applications, written text, bots, software, website link, or any other content from Binary.com Shop).
3. Your Use of Binary.com Shop
3.1 You must be over 18 years of age in order to access and use Binary.com Shop.
3.2 By visiting Binary.com Shop and/or purchasing from Binary.com Shop, you are solely responsible to ascertain and ensure that these Terms comply with the laws and regulations you are subjected to. The products and services available on the Binary.com Shop shall not be considered as a proposal to buy or sell any products and/or services available to other individuals which may be considered unlawful to their jurisdictional laws.
3.3 The provision of products and services of Binary.com Shop are only valid in countries/jurisdictions where it is deemed legal. The products and services of Binary.com Shop are not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use would be contrary to local laws and regulations.
3.4 You may be required to provide information about yourself such as your name, address, and billing details. We are committed to safeguarding your privacy online. We only use your personal information to help us provide you with products and services you have requested. We do not sell your personal information to third parties but we may provide your personal information provided through Binary.com Shop to third party payment providers to process your transactions.
3.5 We reserve the right to change or remove any products and services provided on Binary.com Shop without prior written notice. Products and services listed on Binary.com Shop will be available to you through Binary.com Shop as long as we have the right to make such content available to you.
3.6 All tools and information provided on this website as a free resource may not be used for commercial purposes of any kind without our prior written consent. Written requests to use the information available on this website for commercial purposes may be submitted via email to email@example.com.
4. Pricing and Availability
4.1 We will, wherever possible, list information on Binary.com Shop and on each product information web page, based on the availability of the products and services. Except for the information we provide on each product information web page or elsewhere on Binary.com Shop, we cannot be more specific about product availability.
4.2 We reserve the right to change the pricing of all products and services displayed on Binary.com Shop. All sales are final, and no returns, replacements or refunds are allowed under general circumstances. The decision to refund your purchase price shall be at the Company’s sole discretion. Please refer to each specific product category for replacements, exchanges, returns, refunds and cancellation terms.
4.3 Prices listed on the product information web page are not inclusive of taxes and delivery charges. Your total purchase price will include the price of the product/services listed on the product information web page plus any applicable taxes and delivery charges. You are responsible for the applicable taxes based on the prevailing tax rates of your jurisdiction and must pay for the total price of the products/services listed on the product information web page without any reduction of the applicable taxes. International orders may be subject to additional duties collected at the point of delivery imposed by local authorities in accordance with tax laws in your country, if in doubt please refer to your local authorities for more information.
4.4 It is always possible that, despite our best efforts, some of the products listed on Binary.com Shop may be incorrectly priced. We are under no obligation to sell the product to you at the incorrect lower price if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as being incorrect. If the correct price of the product is higher than the price stated on Binary.com Shop, we will normally, at our discretion, either contact you for instructions before dispatching /delivering the product, or reject your order and notify you of such rejection. Changes in prices will not affect orders in respect of which we have already sent you an order confirmation.
4.5 Prices of products offered by third party listed on product information web page of Binary.com Shop are provided by the third party vendor and may differ from prices of similar products listed on vendor’s website. We have no authority and control over the prices of products offered by third party listed on product information web page of Binary.com.
5. Purchases and Payments
5.1 We reserve the right to refuse any order you place with us. In the event that we make a change to or cancel an order, we will make a reasonable attempt to notify you by contacting the email address provided at the time the order was made.
5.2 You may purchase the products and/or services available on the Binary.com Shop through the various payment methods made available to you by the Company for payment facilitation. When using your selected payment method, you must abide by any other relevant legal agreement with Binary.com Shop, as well as those of any third party that govern the use of your selected payment method. Binary.com Shop may add or remove payment methods at its sole discretion and no prior written notice will be provided to you.
5.3 You agree to provide current, complete and accurate information required for payment for all purchases made at Binary.com Shop.
5.4 When placing an order through Binary.com Shop, you are agreeing to pay for such products, and that we may charge your credit card or other form of payment method that you choose for any products ordered.
5.5 It is your responsibility to check the product as soon as possible to identify any errors or defect.
5.6 The delivery of products you purchased from Binary.com Shop does not transfer to you any promotional use rights in the Content.
6.1 Binary.com Shop is protected by certain copyrights.
6.2 The materials comprising the Binary.com Shop (including without limitation all articles, text, images, logos, compilation, systems, application, code and design) are Copyright 2016 Deriv Group of companies. All rights reserved.
6.3 These materials may not be copied or redistributed for commercial purposes or for compensation of any kind without prior written permission from a Deriv Group company. If you have questions about these terms or would like information about licensing materials from the Company, please contact us.
6.4 Binary.com and the bull/bear logo are registered trademarks.
7. Information on Binary.com Shop
7.1 The information and Content available on Binary.com Shop are for the sole purpose of assisting you to make independent decisions.
7.2 We shall not be held liable for your inability to access Binary.com Shop, or for any delay or transmission failure you might be experiencing. The Company is also not responsible if you fail to receive any communication from the Binary.com Shop.
8. Links to Third Party Content
8.1 Third party refers to persons who are neither connected nor affiliated, whether directly or indirectly, with member companies within the Deriv Limited group of companies.
8.2 Binary.com Shop may contain third party content and links to third party websites which we neither monitor nor have any control or input. Any third party content and links to third party websites provided to you are for reference purposes only and we cannot be held liable or responsible for the information or operation of such third party content and links to third party websites.
8.3 Binary.com Shop is not affiliated with or has any control over the content or information accuracy of any of the third party content listed in Binary.com Shop. Each application/bot is developed by an independent third party and is not endorsed, guaranteed, or approved by us. You are advised to check the credentials of third party application and bot developers/vendors and to exercise caution before purchasing such applications and bots.
8.4 Any third party content made available on Binary.com Shop or through third party links cannot be construed as legal, tax, or investment advice as it is being supplied for informational purposes only.
8.5 Any use by you of third party content offered through Binary.com Shop is entirely at your own risk and discretion. It is your responsibility to be familiar with and approve of the terms of third party. Because we do not review and/or have no control over third party content, you acknowledge and agree that we are not responsible for any third party content, nor for the availability of such third party content. You understand that all Content is the sole responsibility of the person from whom such Content originated. You further acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on third party content.
9. Binary.com Shop Product Category
9.1 Physical Goods
9.1.1 Purchase Confirmation
When your order has been completed, you will receive an email confirmation of the products ordered, the total price paid (inclusive of taxes and delivery charges), and your allocated order number from Binary.com Shop.
We may decline to sell any product to you for any reason. We are not obliged to tell you the reason for our decision.
9.1.2 Delivery and Charges
You are responsible for shipping charges.
Where it has not been possible to deliver the product due to no fault on our part, we reserve the right to make a charge for any further attempt to deliver the product.
Since international orders may be subject to additional duties collected at the point of delivery, returns and refunds caused by your failure to accept and settle the applicable duties imposed the local authorities in your jurisdiction will not be accepted.
All goods of Binary.com will be shipped from:
Deriv Services Sdn Bhd,
C-13-02, iTech Tower,
Jalan Impact, Cyber 6,
Selangor Darul Ehsan,
9.1.3 Defective Content
All products go through vigorous physical inspection to ensure products are not defective and are in good condition prior to delivery to you. If you receive a product that is damaged in shipping, defective or that is not the product you ordered, please return it by mail to the address above and email firstname.lastname@example.org indicating your order number. We will arrange for a replacement and cover all reasonable and customary ground shipping fees.
To be eligible for a return and replacement, the following conditions must be met:
- Product was purchased in the past 30 days;
- Product is unworn and unwashed; and
- Original packaging must be used for the return.
9.1.4 Replacements / Exchanges
We have made every effort to display as accurately as possible the colors and images of our products that appear at Binary.com Shop. We cannot guarantee that your computer monitor's display of any color will be accurate.
The size of the apparel is clearly indicated on the product information page for you to make your selection prior to purchase. Please refer to the size chart for guidance when selecting the suitable size of your apparel.
It is your responsibility to check and confirm the suitable size of your apparel thoroughly prior to placing an order and purchasing.
No replacements/exchanges are allowed if the size of the apparel that you have ordered and purchased according to Binary.com Shop’s size chart is not suitable.
9.1.5 Returns and Refunds
If for any reason you find yourself unsatisfied with your purchase for whatsoever reasons, returns and refunds are not allowed.
9.1.6 Geographic Restrictions
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
If an e-book becomes corrupted or requires replacement during the normal course of use, you can re-download it from the same download link that you used for your initial download, sent by Binary.com Shop via email.
You promise to respect copyright and otherwise observe the law. That is, you promise to not use the e-book that we have supplied other than on the terms upon which it was supplied to you.
Unless specifically indicated otherwise, you may not sell, rent, lease, distribute, broadcast, sublicense, or otherwise assign any rights to the e-book or any portion of it to any third party, and you may not remove or modify any proprietary notices or labels on the e-book. In addition, you may not bypass, modify, defeat, or circumvent security features that protect the e-book.
9.2.4 Use of e-book
Content of e-book is intended for educational and information purposes only. They should not be construed as giving investment advice and you should not rely on any content within these guides in making or refraining from making any investment decisions. Binary.com accepts no liability whatsoever for any losses incurred by your trading.
9.3 Strategy script
All strategy scripts listed on Binary.com Shop are intended for educational and informational purposes only. These scripts should not be construed as giving investment advice, and you should not rely on this strategy as your singular factor in making or refraining from making any investment decisions. Binary.com accepts no liability whatsoever for any losses incurred by your trading.
Binary.com Shop serves as a website for vendors to list their bots.
Bots made available through the Binary.com Shop are licensed, not sold, to you. There are two categories of bots: (i) bots that have been developed by the Company (“Binary Bots”); and (ii) those bots that have been developed by a third party developer (“Third Party Bots”). The category of a particular bot (Binary Bot or Third Party Bot) is identifiable by referring to the name of the vendor of the bot disclosed on the product information web page of Binary.com Shop
The vendor’s name, website address, vendor contact person, email address and telephone number is made available on the product information web page of Binary.com Shop. The Company is not a buyer of the bots listed on Binary.com Shop. The vendor is responsible for the bots listed on Binary.com Shop, and for dealing with any claims by you or any other issue arising out of or in connection with the purchase of the vendor’s bots.
9.4.2 Purchase Confirmation
When your order has been completed you will receive an email confirmation of the bot ordered, the total price paid (inclusive of taxes and delivery charges), and your allocated order number from Binary.com Shop.
We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have bots provided within a reasonable time owing to a cause beyond our reasonable control.
9.4.3 Pricing and Availability
If the bot becomes unavailable following your purchase but prior to download, you will receive a prompt reply from us. We may offer you the opportunity to choose a similar product of at least the equivalent specification and value to the one you have initially purchased. If you do not find a product of at least equivalent specification and value (inclusive of delivery charges) to the one you have purchased to be of any interest to you, we will process a refund equivalent to the price of the product your purchased, to you.
If you do not receive a prompt from us, and the vendor does not respond to you, Binary.com Shop will make reasonable efforts to recover the purchase price of your purchased bot, if any, from the vendor on your behalf. If Binary.com Shop is unable to recover the full amount of the purchase price, Binary.com Shop will divide any recovered amounts between the affected parties on a pro rata basis.
9.4.4 Basic Use Requirements
To use the bots, you may need a device that meets the system and compatibility requirements of the relevant bot, which may change from time to time, working internet access, and compatible software. Your ability to use the bots and the performance of the bots may be affected by these factors. Such system requirements are your responsibility.
For applications and bots developed by third parties, you should contact the third party vendor/developer concerning any defective or erroneous content, if any.
9.4.5 Updates / Upgrades to Bots
Binary.com Shop does not provide any updates/upgrades functionality for Bots. If a bot offers free or paid updates/upgrades, those updates/upgrades must be obtained directly from the vendor responsible for the bot. Your use of the bot you have installed may require that you have agreed to receive such automatically requested updates. If you do not agree to receiving such automatically requested updates, then please do not use Binary.com Shop or install the bot. Functionality of bots may depend on successful installation of updates/upgrades subsequent to initial installation.
9.4.6 Cancellations and Returns
Once you receive an email confirmation from Binary.com Shop, you will not be able to withdraw, cancel or return your purchase of bots.
9.4.7 Geographic Restrictions
Bots are currently available for purchase only in some countries. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
You shall not use or permit anyone to use the bot for any unlawful or unauthorized purpose.
Bots that you purchased on Binary.com Shop may be removed from being listed on Binary.com Shop subsequent to your download from time to time.
9.4.9 Customer Support
Binary.com Shop does not provide customer support for bots developed and distributed by third party vendor/developer. Third party vendors/developers are responsible for determining the level of customer support they provide and you should contact them directly.
9.5 Web Application
Binary.com Shop serves as a website for vendors to list their applications.
Applications made available through the Binary.com Shop are licensed, not sold, to you. There are two categories of applications: (i) those applications that have been developed by the Company (“Binary Apps”); and (ii) those applications that have been developed by a third party vendor/developer (“Third Party Apps”). The category of a particular application (Binary App or Third Party App) is identifiable by referring to the name of the vendor of the application disclosed on the product information webpage of Binary.com Shop.
The vendor’s name, website address, vendor contact person, email address and telephone number is made available on the product information web page of Binary.com Shop. The Company is not a buyer of the apps listed on Binary.com Shop. The vendor is responsible for the apps listed on Binary.com Shop, and for dealing with any claims by you or any other issue arising out of or in connection with the purchase of the third party applications.
9.5.2 Purchase Confirmation
When your order has been completed you will receive an email confirmation of the app ordered, the total price paid (inclusive of taxes and delivery charges), and your allocated order number from Binary.com Shop.
We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have apps provided within a reasonable time owing to a cause beyond our reasonable control.
9.5.3 Pricing and Availability
You will receive a prompt from us if the App you purchased is no longer available. We may offer you the opportunity to choose a product of at least equivalent specification and value to the one you have purchased. If you do not find a product of at least equivalent specification and value to the one you have purchased to be of any interest to you, we will process a refund equivalent to the price of the App your purchased, to you.
If you do not receive a prompt from us, and the vendor does not respond to you, Binary.com Shop will make reasonable efforts to recover the purchase price of your purchased App, if any, from the originating vendor on your behalf. If Binary.com Shop is unable to recover the full amount of the purchase price, Binary.com Shop will divide any recovered amounts between the affected parties on a pro rata basis.
9.5.4 Use of Apps
Please refer to the vendor/developer of the app disclosed on the product information web page of Binary.com Shop for guidance on use of apps.
9.5.5 Cancellations and Returns
Please refer to the cancellation and return terms of Third Party Apps on the website of Third Party Apps provided on the information web page of Binary.com Shop.
9.5.6 Geographic Restrictions
Apps are currently available only in some countries. We reserve the right, but are not obligated, to limit the sale of Apps to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
You shall not use or permit anyone to use the App for any unlawful or unauthorized purpose.
Apps that you purchased on Binary.com Shop may be removed from being listed on Binary.com Shop from time to time.
9.5.8 Customer Support
Binary.com Shop does not provide customer support for apps developed and distributed by third party vendors. Third party vendors are responsible for determining the level of customer support they provide and you should contact them directly.
10. Exclusion of Warranties
10.1 Binary.com Shop does not make any express or implied warranties about the Binary.com Shop website, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Binary.com Shop is made available to you on an “as-is” basis. We are not responsible if information made available on Binary.com Shop is not current, complete or accurate. We do not warrant that any defects or inaccuracies will be corrected. We do not warrant that Binary.com Shop will meet your needs, or that it will be uninterrupted, timely, secure, or error-free. We also make no warranty that the results obtained from the use of the Binary.com Shop will be accurate or reliable, or that the quality of any products, services, information, or other material purchased or obtained by you through the Binary.com Shop will meet your expectations.
11. Disclaimer and Limitation of Liability
11.1 We will not be held liable for any direct or indirect damages (but not limited to incidental damages and other damages that result from the use or loss of use of the Binary.com Shop and third party content), to the maximum extent that is considered lawful, even if we have been advised of the possibility of such occurrence of these damages or losses. Except as otherwise required by law, we will not be liable to you or anyone else for any loss resulting from a cause over which we do not have direct control. If you live in a country or jurisdiction that does not allow the limitation or exclusion of liability or incidental or consequential damages, some or all of these limitations and exclusions may not apply to you.
12.1 Any disputes, controversy, or claims that arise out of or relating to this Agreement against the Company will be referred to and finally determined by an arbitration firm selected by the Company. The language to be used in the arbitral proceedings will be English. Judgement upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You are also responsible for any and all costs related to such arbitration.
13.1 If any provision of these Terms is found to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable to the maximum extent possible in order to effect the intention of the provision; if a term