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Terms of Use for Binance Gift Cards

2021-07-13 04:13
Last Updated: 12th January, 2022
1. Acceptance of Gift Cards Terms; Modification of Gift Cards Terms
1.1 Welcome to the Binance Gift Cards terms of use (“Gift Cards Terms”). Binance Gift Cards are issued by Binance.com (“Binance”, “we”, “us”, or “our”). These Gift Cards Terms constitute a legally binding agreement between the Binance and each registered or unregistered user (each, a “User”, “you” or “your”) of the Binance Gift Cards mobile application mini program (including the Binance Code feature) or such other URL as may be designated by the Binance from time to time, as well as any mobile apps or other related services or applications thereto (collectively, the “Binance Gift Cards”).
1.2 The Binance Gift Cards are considered part of the “Binance Services” as defined in the Binance Terms of Use (“Binance Terms”) set forth here. The Binance Terms are incorporated by reference into these Gift Cards Terms, and also govern your use and access to the Binance Gift Cards. All terms and references used in these Gift Cards Terms and which are defined and construed in the Binance Terms but are not defined or construed in these Gift Cards Terms shall have the same meaning and construction in the Binance Terms. In the event of a conflict between these terms of these Gift Cards Terms and the Binance Terms, the Gift Cards Terms shall supersede and control.
1.3 Please carefully review these Gift Cards Terms and the Binance Terms. By buying, accessing and using the Binance Gift Cards (including by creating or redeeming any Binance Gift Card or Binance Code), you are deemed to have read, accepted, executed, and agreed to be bound by these Gift Cards Terms (including the Binance Terms as incorporated by reference herein). We may change or amend any parts of the Binance Gift Cards (including its form and nature) or these Gift Cards Terms (including its form and nature) at any time at our sole and absolute discretion without prior notice to you. Any changes to these Gift Cards Terms will be in effect as of the “Last Updated” date referred to at the top of this page. You acknowledge and agree that the form and nature of the Binance Gift Cards, and any part of it, may change from time to time without prior notice to you and that we may add new or remove existing features and change any part of the Binance Gift Cards from time to time without prior notice to you.
1.4 IF ANY PROVISION OF THESE GIFT CARDS TERMS OR THE BINANCE TERMS OR ANY FUTURE CHANGES THEREOF ARE UNACCEPTABLE TO YOU, DO NOT USE OR CONTINUE TO USE THE BINANCE GIFT CARDS. YOUR CONTINUED USE OF THE BINANCE GIFT CARDS FOLLOWING THE POSTING OF ANY NOTICE OF ANY CHANGE TO THESE GIFT CARDS TERMS OR THE BINANCE TERMS SHALL CONSTITUTE YOUR ACCEPTANCE AND AGREEMENT TO SUCH CHANGE.
1.5 ARBITRATION NOTICE: THE BINANCE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND THE Binance AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND THE Binance WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2. Binance Gift Cards; Binance Account Balance; Redemption.
2.1 The Binance Gift Cards are powered by Binance. When a Binance Gift Card or Binance Code is redeemed by you, the digital currency value on the redeemed Binance Gift Card or Binance Code will be automatically added to your Binance funding wallet (“Binance Account Balance”). Your Binance Account Balance displays the total remaining balance of all Binance Gift Cards that have been redeemed and applied to your Binance Account. To view your Binance Account Balance, visit Your Account on Binance.com.
2.2 The Binance Gift Cards or Binance Code may not be reloaded with additional value.
2.3 No refunds are permitted with respect to the Binance Gift Cards or Binance Code. All sales of Binance Gift Cards or Binance Code are final.
3. Limitations of Usage; Assumption of Risks
3.1 There are certain restrictions in connection with the use of Binance Gift Cards or Binance Code. If you engage in these activities without our prior written consent, we may prevent you from claiming or redeeming the Binance Gift Cards or Binance Code, or may take further action on your Binance account without a refund. You shall not without our prior written consent:
3.1.1 Sell or exchange the Binance Gift Cards or Binance Code for cash, Digital Currencies or for any other payment-related instrument.
3.1.2 Give or receive the Binance Gift Cards or Binance Code as payment for goods or services of Binance. A non-Binance entity or individual asking for Binance Gift Cards or Binance Code as a payment method for goods or services may be a scam.
3.1.3 Transfer a Binance Gift Card or Binance Code to another account once the Binance Gift Card or Binance Code of that Binance Gift Card or Binance Code has been redeemed.
3.2 We reserve the right not to redeem the Binance Gift Cards or Binance Code if we reasonably believe that the use is unauthorized, fraudulent, or otherwise unlawful. Binance has no liability to you for any third-party fraud or unlawful activity associated with any Binance Gift Cards or Binance Code. If Binance discovers any Binance Gift Card, Binance Code or Binance Account Balance was sourced or derived from fraud or other unlawful means, we may in our sole and absolute discretion, cancel all impacted Binance Gift Cards or Binance Code and retain all related Binance Gift Card or Binance Code balances or Binance Accounts at any time and without notice to you.
3.3 The list of restricted or prohibited activities above is not intended to be a complete or exhaustive list of all restricted or prohibited activities. Engaging in any activity that, in our sole and absolute discretion, disrupts, or is harmful to us, our affiliates, our users, our reputation, goodwill, business, or operations is prohibited. Engaging in any restricted or prohibited activities, or using the Binance Gift Cards or Binance Code in violation of these Gift Cards Terms may result in our taking action(s) against you, including, but not limited to, preventing you from claiming or redeeming the Binance Gift Cards or Binance Code, revoking your Binance Account Balances, or closing your Binance Account consistent with these Gift Cards Terms.
3.4 It is your sole responsibility to safeguard and maintain the security of your Binance Gift Cards or Binance Code from unauthorized use. You are responsible for all transactions on your Binance Gift Cards, Binance Code and Binance Account Balance including unauthorized transactions. We are not responsible in any way for any Binance Gift Cards or Binance Code that are lost, stolen, or destroyed, or if your Binance Gift Cards are used without your permission.
3.5 In the event that you do not use the Binance Gift Cards or Binance Code for a certain period of time, Binance may be required to turn over the remaining Binance Gift Card or Binance Code balance to a jurisdiction under such jurisdiction’s unclaimed or abandoned property law.
4. Use of any Binance Gift Cards in Violation of these Gift Cards Terms.
4.1 By using the Binance Gift Cards or Binance Code you agree to comply with these Gift Cards Terms, and not to use the Binance Gift Cards in any manner that is misleading, deceptive, unfair, or otherwise harmful to Binance, its affiliates, or its users.
4.2 We reserve the right, without notice to you, to void the Binance Gift Cards or Binance Code (including as a component of your Binance Account Balance) without a refund, suspend or terminate your Binance Account, suspend or terminate the ability to use our services, if we suspect that the Binance Gift Cards are created, obtained, used, or applied to a Binance Account fraudulently, unlawfully, or otherwise in violation of these Gift Cards Terms.
5. Limitation of Liability.
5.1 TO THE FULL EXTENT PERMISSIBLE BY LAW, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE BINANCE GIFT CARDS OR YOUR BINANCE ACCOUNT BALANCE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SUBJECT TO CLAUSE 5.2 BELOW, TO THE FULL EXTENT PERMISSIBLE BY LAW, IN THE EVENT THE BINANCE GIFT CARDS ARE NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT BINANCE GIFT CARD. IN THE EVENT THAT Binance OR ITS AFFILIATES ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES AND SUCH DAMAGES SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR BINANCE GIFT CARD. IN NO EVENT SHALL Binance BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THESE GIFT CARDS TERMS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS), OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY. IN NO EVENT SHALL Binance OR ITS AFFILIATES HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A BINANCE GIFT CARD THROUGH ACCIDENT, MISUSE OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY, OR AS A RESULT OF ANY DELAY OR MISTAKE RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL.
5.2 Binance Gift Cards or Binance Code are valid only if obtained from Binance or an authorized third-party distributor. Without our prior written consent, Binance Gift Cards or Binance Code are not valid and will not be honoured if obtained from unauthorised sellers or resellers (including through Internet auction sites). Binance does not control who may sell or resell Binance Gift Cards or Binance Code purchased from Binance, nor can we control the price or preloaded denominations (whether in fiat currency or Digital Currencies) offered by independent sellers. It is your sole responsibility to carefully read and observe all terms, conditions, and disclosures relating to your purchase and use of any Binance Gift Cards or Binance Code purchased by you from independent sellers. Binance has no liability to you for any Binance Gift Cards or Binance Code which are not directly purchased by you from Binance or its authorized third-party distributors.
5.3 In the event that you have our written consent to sell to and/or exchange with your end-users any Binance Gift Cards or Binance Code for cash, Digital Currencies or for any other payment-related instrument, Binance shall not be liable to you for any losses (including, without limitation, reputational losses), liabilities, costs (including, without limitation, legal costs), charges, expenses, actions, proceedings, claims and demands which you may sustain, incur or suffer by reason of any regulatory enforcement (including any conditions, directions, penalties and/or fines imposed by any regulatory authority) arising from your such sale and/or exchange. You are solely responsible for any legal and/or regulatory requirements applicable to you in connection with your sale or exchange of Binance Gift Cards or Binance Code to your end-users or customers. Binance does not and cannot advise you on the legal and/or regulatory consequences arising from or in connection with your sale or exchange of Binance Gift Cards or Binance Code.