1. Swap Farming Services
2. How to place an order using Binance’s Swap Farming Service
- the type and quantity of Digital Asset that you wish to exchange; and
- the type and estimated quantity of Digital Assets you will receive.
- the estimated exchange rate between the Digital Assets referred to in 2.3(a) and 2.3(b);
- Estimated Slippage;
- Estimated Swap Fees; and
- Estimated Fee Rebates.
- the fluctuation between the prices of Digital Assets in a Liquidity Pool, and the exchange rate between those Digital Assets; and /or
- the exchange rate changing between the time you accept the Swap Transaction Terms, and when the Swap Settles.
4. Swap Fees
5. Fee Rebates
6. Risks and Liabilities
- that Binance may cease offering Swap Farming at any time;
- fluctuations in Swap Fees;
- faults, defects, hacks, exploits, errors or unforeseen circumstances occurring in respect of the technologies on which Swap Farming depends;
- failure or non-availability of technologies on which Swap Farming depends; and
- attacks on Binance or the services or technologies on which Swaps depend.
7. Information requests
8. Placing a stop or suspension on, or cancelling, your access to Swap Farming and Spot Account
- you do not provide additional information to verify your identity or source of funds as requested by Binance;
- Binance is required to do so by court order, to comply with any Applicable Laws (including anti-money laundering or sanctions laws);
- Binance is required to do so to comply with any direction or instruction from a government body or agency;
- Binance reasonably determines that any information you have provided to Binance is wrong, untruthful, outdated or incomplete;
- you do not provide additional information that we request to our reasonable satisfaction or in a timely manner; or
- you do not comply with clause 9.4.
9. Chat Service
- any information that would be in breach of another person's intellectual property rights;
- any content which we consider (in our sole discretion) to be defamatory, obscene, harassing, threatening or which includes any unlawful material or information;
- any information that are otherwise in contravention of any Applicable Laws;
- any information which we consider (in our sole discretion) is intended to manipulate a market or to spread false or misleading information or messages.
10. Account information and transaction records
- involving or deriving from a manifest error (that is, any error, omission or misquote (whether an error of Binance or any third party) which is manifest or palpable, including a misquote by any representative of Binance taking into account the current market and currently advertised quotes, or any error of any information, source, official, official result or pronunciation); or
- to reflect what we reasonably consider to be the correct or fair details of the transaction.
11. Material interests and conflicts
- we may appoint one or more market makers (which may include Binance Affiliates acting in such capacity) to provide liquidity on the Binance Platform, and any such market maker may enter into any transaction with you as your counterparty;
- market makers may also maintain positions in various Digital Assets as part of their market making activities, including positions in Digital Assets that are contrary to your positions; and
- such market making activities may be done by way of algorithmic trading.
- have regard to any information known to us, or to any Binance Affiliate, which is a material interest;
- disclose any such information to you; or
- use any such information for your benefit.
12. Eligible Digital Assets
14. Representations and warranties
- all documents and information you provide to us are true, accurate, complete, and up to date in all respects, and may be relied upon by Binance in determining whether or not you are eligible to access the Binance Platform or to use Swap Farming;
- all decisions made in connection with these Swap Farming Terms were solely and exclusively based on your own judgement and after your own independent appraisal of your financial resources, ability and willingness to take relevant risks and financial objectives;
- you have full power, authority, and capacity to:i) access and use Swap Farming, the Binance Platform and/or the Binance services; andii) enter into and deliver, and perform your obligations under these Swap Farming Terms and any agreement entered into pursuant to, or in connection with, these Swap Farming Terms;
- if you are a corporation, partner in a partnership, or trustee of a trust:i) the corporation, partnership or trust has and will be operated in a way that is compliant with Applicable Law;ii) you will notify Binance immediately if there is any change, by way of resignation, removal, appointment or death, of any of the directors, partners, trustees, settlor(s) or ultimate beneficial owners or any person authorised to operate your Binance Account;iii) you will inform us immediately if the corporation, partnership, or trust is dissolved either on a voluntary or involuntary basis; andiv) you have taken all corporate action that is necessary or desirable to authorise its entry into these Swap Farming Terms;
- you have obtained all consents, permissions, authorisations, approvals and agreements of third parties and all authorisations, approvals, permissions, consents, registrations, declarations, filings with any Regulatory Authority, governmental department, commission, agency or other organisation having jurisdiction over you (each a Material Authorisation) which are necessary or desirable for you to obtain in order to:i) access and use the Binance Platform and/or the Binance services; andii) enter into and deliver, and perform the transactions contemplated under these Swap Farming Terms and any agreement entered into pursuant to, or in connection with, these Swap Farming Terms, have been unconditionally obtained in writing, disclosed to us in writing, and have not been withdrawn or amended;
- these Swap Farming Terms and any agreement entered into pursuant to, or in connection with, them constitute valid and legally binding obligations, enforceable against you in accordance with their respective terms;
- your payment obligations under this document rank at least equally with all your other unsecured and unsubordinated payment obligations (whether present or future, actual or contingent), other than obligations that are mandatorily preferred by law;
- place, pending, or to its knowledge after due enquiry, threatened which, if adversely decided, could have a Material Adverse Effect on you;
- there are no reasonable grounds to suspect that you will not be able to pay your debts as and when they become due and payable;
- you have notified us of any Event of Default or Potential Event of Default that has occurred and is continuing, and you are not in breach of any other agreement in a manner that could have a Material Adverse Effect on you;
- you are not a Restricted Person;
- if you are a legal entity, you are duly incorporated, duly organised, and validly existing under the laws of your jurisdiction and have full power to conduct your business. If you are an individual, you are not less than 18 years old; and
- your access and use of the Binance Platform and/or the Binance services, your execution and delivery of, and the performance of your obligations under these Swap Farming Terms and any agreement entered into pursuant to, or in connection with, these Swap Farming Terms, will not:i) if you are a legal entity, partner in a partnership or trustee of a trust result in a breach of or conflict with any provision of your constitution, articles of association, partnership agreement, trust deed or equivalent constitutive documents;ii) result in a breach of, or constitute a default under, any instrument, agreement, document or undertaking to which you are a party or by which you or any of your property is bound or subject; andiii) result in you, or cause us or any third party to, breach any Applicable Law, decree or judgement of any court, or any award of any arbitrator or those of any governmental or Regulatory Authority in any jurisdiction.
15. Technology disclaimers
16. General Terms
- Binance is not responsible for any User Material (whether provided by you or by third parties) which may be made available on the Binance Platform or the Sites; and
- use of any such User Material is at your own risk and that we do not provide any warranties in relation to the same.
- a representative of your estate or authorised beneficiary either:i) creates a Swap Farming Account in accordance with these Swap Farming Terms; orii) provides wire transfer instructions; and
- provides sufficient legal documentation that they are entitled to receive the assets in your Binance Account; or
- you provide satisfactory proof that you are not deceased.
17. Defined Terms
- the first entity would be taken to control the second entity but for subsection 50AA(4); or
- the first entity has voting power (as defined in section 610 of the Corporations Act) of at least 50% in the second entity.
- if you fail to pay any amount that is due and payable these Swap Farming Terms and any agreement entered into pursuant to, or in connection with, these Swap Farming Terms when it is due;
- if you fail to comply with any of your obligations under these Swap Farming Terms and any agreement entered into pursuant to, or in connection with, these Swap Farming Terms (other than a failure referred to elsewhere in this clause) and:i) we consider that the failure cannot be remedied; orii) we consider that the failure can be remedied, and the failure is not remedied within 10 Business Days after we require you to remedy it;
- if any representation, warranty or statement made by, or repeated by, you, in or in connection with these Swap Farming Terms and any agreement entered into pursuant to, or in connection with, these Swap Farming Terms, is untrue or misleading (whether by omission or otherwise) in any material respect when so made or repeated;
- if an Insolvency Event occurs in respect of you or, if applicable, any of your subsidiaries;
- if an event or a change occurs (whether or not foreseeable) which could have a Material Adverse Effect on you or, if applicable, any of your subsidiaries;
- if you cease to hold any Material Authorisation or to comply with any condition to which any Material Authorisation is subject;
- if you cease for any reason to be able lawfully to carry out all your obligations that are contemplated in these Swap Farming Terms and any agreement entered into pursuant to, or in connection with, these Swap Farming Terms;
- if all or any material provision of these Swap Farming Terms and any agreement entered into pursuant to, or in connection with, these Swap Farming Terms, is or becomes void, voidable, illegal or unenforceable or of limited force (other than because of equitable principles or laws affecting creditors' rights generally), or you claim this to be the case; and
- if, in Binance's reasonable opinion, there is a change of Control of you from that existing at the date of this document.
- an administrator being appointed to the person;
- a Controller or analogous person being appointed to the person or any of the person's property;
- an application being made to a court for an order to appoint a Controller, provisional liquidator, trustee for creditors or in bankruptcy or analogous person to the person or any of the person's property;
- an appointment of the kind referred to in subparagraph (ii) being made (whether or not following a resolution or application);
- the holder of a security interest or any agent on its behalf, appointing a Controller or taking possession of any of the person's property (including seizing the person's property within the meaning of section 123 of the PPSA) or otherwise enforcing or exercising any rights under the security interest or Chapter 4 of the PPSA;
- the person being taken under section 459F(1) of the Corporations Act to have failed to comply with a statutory demand;
- an application being made to a court for an order for its winding up;
- an order being made, or the person passing a resolution, for its winding up;
- the person:i) suspending payment of its debts, ceasing (or threatening to cease) to carry on all or a material part of its business, stating that it is unable to pay its debts or being or becoming otherwise insolvent; orii) being unable to pay its debts or otherwise insolvent;
- the person taking any step toward entering into a compromise or arrangement with, or assignment for the benefit of, any of its members or creditors;
- a court or other authority enforcing any judgment or order against the person for the payment of money or the recovery of any property; or
- any analogous event under the laws of any applicable jurisdiction,
- copyright, patents, database rights and rights in trade marks, designs, know-how and confidential information (whether registered or unregistered);
- applications for registration, and rights to apply for registration, of any of the foregoing rights; and
- all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.
- its business, property or financial condition;
- its ability to perform its obligations under these Swap Farming Terms and any agreement entered into pursuant to, or in connection with, these Swap Farming Terms; or
- the validity or enforceability of these Swap Farming Terms and any agreement entered into pursuant to, or in connection with, these Swap Farming Terms or the rights and remedies of the other party under any these Swap Farming Terms and any agreement entered into pursuant to, or in connection with, these Swap Farming Terms.