Terms and Conditions of Services provided by Binance TH by Gulf Binance

Last Update: 14 November 2023

Risk Warning Notification (please read in full and understand before accepting these terms and conditions)

1. Cryptocurrencies are highly risky; you should study and understand cryptocurrency risks thoroughly because you may lose your entire investment.

2. Digital assets are not backed by any financial institution and cannot be used as legal tender.

3. The price of digital assets is highly volatile, and the value of digital assets may decrease below the purchase price. Therefore, when you are buying or selling digital assets, you must be able to accept the risks arising from price fluctuations, which could result in a loss.

4. Cryptocurrencies are not regulated and offered in accordance with Thai law and have high price volatility. There may be no fundamental support factors, and investors may lose their money entirely.

5. The Company cannot guarantee the risks arising from changes in the price of digital assets or any other causes beyond the Company's control. Therefore, customers should research the digital assets they intend to invest in before making a decision.

6. Customers can check the financial status of the Company from the financial statements and performance disclosed on the Company's website. In addition, other information should be considered when making decisions to use the service, such as the quality of service and complaint management, etc.

7. The company is not a financial institution regulated by deposit protection laws, and the deposit of digital assets with the company is not protected by deposit protection laws. In the event of damage to your assets deposited with the Company, you may not receive the assets back from the Company in full immediately.

8. You may manage the risks related to the storage of digital assets by only depositing sufficient digital assets required for your transactions with the Company and keep the remainder of your digital assets in your own digital asset wallet. Before conducting any transfer or transaction, you should, for example, understand the different wallet types and methods for safeguarding private keys or passwords.

This Terms and Conditions for services to be provided by Binance TH by Gulf Binance (the “Agreement”) is made between you and Gulf Binance Company Limited (the “Company”). This Agreement sets out the terms and conditions for the use of digital asset exchange and digital asset broker services provided by the Company’s Binance TH Platform (as defined below). This shall also include agreements, terms, conditions, criteria or other requirements regarding the Binance TH Services that the Company notifies from time to time.

When you have read, understood and pressed the button to accept the Agreement,  you acknowledge and agree that you have accepted all the terms and conditions contained in this Agreement as well as the following documents of the Company (1) Privacy Policy ; (2) Anti-Money Laundering and Combating the Financing of Terrorism and the Proliferation of Weapons of Mass Destruction Policy; (3) Trading Rules; (4) Broker Trading Rules; (5) Trade Fees; (6) Frequently Asked Questions and (7) Conflicts of Interest (if any)

. We recommend that you read the Agreement in full before agreeing and accepting the terms of this Agreement. However, if you wish to use certain services, there may be requirement that you accept and abide by the terms and conditions applicable to that service which shall be considered a part of this Agreement. Additionally, should you wish to know more about the risks involved in investing or trading digital assets, you can read the Company's general risk warnings.

In case of any inconsistency or conflict between this Agreement and any other agreement, this Agreement shall prevail.

1. Definitions

   1. "Law" means to any acts, regulations, or legislative enactments, whether amended, supplemented, or newly promulgated before or after the effective date of this Agreement. It also includes any new legislative acts, ministerial regulations, announcements, decrees, orders, or subordinate regulations, as well as guidelines, policies, directives or interpretations of government agencies in Thailand, whether legally enforceable or not.

   2. "Know Your Customer " (KYC) means the steps that the Company takes before establishing a business relationship or conducting transactions with the Users. As part of the KYC process, the Company may perform any necessary actions to verify identity, confirm identity, check, track movements, and investigate user transactions in accordance with the applicable Law, regulations, and any related Guidelines for the Binance TH Platform.

   3. "Trading of Digital Asset" means any transaction where the User wishes to exchange (1) one type of digital asset for fiat currency and vice versa through the Company's digital asset exchange, or (2) one type of digital asset for another digital asset through the Company's digital asset broker services, as the case may be.

   4. "Recommendation" has the meaning as described to it in Section 3.2 of this Agreement.

   5. "SEC Board" means to the Securities and Exchange Commission (SEC) board.

   6. "Cryptocurrency" means electronic data units created on an electronic system or network with the intent to serve as a medium of exchange to obtain goods, services, or other rights or to exchange between digital assets, including any other electronic data units as specified and announced by the SEC Board.

   7. "Order" has the meaning described to it in Section 3.4.1(b) of this Agreement.

   8. "Intellectual Property" or "Intellectual Property Right" means any rights throughout the effective period (including extensions or renewals) and enforceable globally, including but not limited to:

      1. trade secret, confidentiality and other intellectual property rights, including any technical knowledge and technical information;

      2. any right to fair completion and right to recourse from any deceptive actions;

      3. all other intellectual property rights in any form; and 

      4. patents, registered designs, design rights, technical or business knowledge, trademarks, service marks, trade names, and business goodwill (including all related values), copyrights, moral rights and all related ancillary rights, database rights and domain names, rights to territory and utility model rights, including the benefits of all registrations, applications, all rights to file any applications mentioned above, and rights according to the nature or condition of all the above-mentioned items.

   9. "Digital Token" means electronic data units created on an electronic system or network with the purpose of (1) defining the rights of individuals to participate in projects or businesses and (2) defining rights to obtain specific goods or services or other specific rights, as specified in agreements between issuers and holders, and it includes other rights as specified and annouced by the SEC Board.

   10. "Privacy Policy" means the policy which describes the Company’s collection, usage, and/or disclosure of personal information, which can be accessed through (privacy policy)

   11. "Binance TH Services" means the Company's digital asset exchange and digital asset broker services provided through the Binance TH System including any related services related to and any other services which may be provided in the future through the Binance TH System.

   12. "Company" means Gulf Binance Company Limited, which is licensed to operate a digital asset exchange and digital asset broker business and shall also include any persons assigned by the Company.

   13. "Binance TH Account" means an account that the User opens with the Company in accordance with the procedures and the terms and conditions set by the Company in order to access and use Binance TH Services, provided that the customer has agreed and accepted to the Terms of Use via electronic means or otherwise.

   14. "Designated Person" has the meaning described to it in Section 2.1(d) of this Agreement.

   15. "User" means a customer who has successfully registered and opened an account for the Binance TH Services with the Company in accordance with the registration and KYC process as set out by the Company. This includes natural persons or legal entities of Thai or other nationalities.

   16. "Compensated Party" has the meaning described to it in Section 9.1 of this Agreement.

   17. "Digital Asset Royal Decree" refers to the Royal Decree regarding Digital Asset Businesses B.E. 2561.

   18. "Binance TH System" means an operating system that includes internet systems, blockchain technology, websites, mobile applications, and any other application that may arise from future technological developments which the Company has developed to support the services of the Company's digital asset exchange and digital asset broker for the Users in accordance with Thai law and any regulations set by the SEC or other authorities.

   19. "SEC " refers to the Office of the Securities and Exchange Commission (SEC).

   20. "Digital Asset" means cryptocurrencies and digital tokens, or any other digital assets as specified by the SEC.

   21. "Guidelines for the Binance TH Platform" means any guidelines, rules, interpretations, announcements, consent letters, frequently asked questions (FAQs), and any other communications disclosed by the Company, including product descriptions, processes, and announcements provided on the support center.

   22. "Force Majeure" means any event which is beyond the control of the Company which prevents the Company from providing its services in accordance with the terms and conditions of this Agreement. This includes events which cause disruptions, errors or incorrect information, such as fires, floods, disruptions to the Company's computer systems or communication systems due to electrical outages, energy problems, acts of external individuals, computer viruses, malware, or other harmful data and that such events were not caused by the Company's failure to maintain its systems adequately to the required standards.

2. General

   1. General Requirements

1. Legal Binding: This Agreement creates a legal binding and contractual relationship between you and the Company.

2. Additional Services: Due to the rapid development of laws and technologies related to Digital Assets, which may impact the Company's operations or services, this Agreement may not cover all rights and responsibilities of each party that may arise in the future. In addition, the Guidelines for the Binance TH Platform and any other agreements (including, but not limited to, the trade fees, minimum orders and other guidelines for the use of the services) in addition to this Agreement shall form parts of this Agreement and are legally binding. By continuing to access or use the services, you acknowledge and agree to these additional terms and conditions, which can be viewed on the Company's website and application.

3. Changes to the Agreement: The Company reserves the right to consider changes or amendments to this Agreement, the Privacy Policy, the Guidelines for Binance TH Platform, and any other separate contracts at any time. The Company will notify you of such changes by updating the terms and conditions on the website and the application whereby the latest modification date shall be on displayed. Any changes or amendments to this Agreement shall be effective at the time  posted on the website, application, via email, or by disclosure to Users through other agreed method. By continuing to access or use the Company's services, you are deemed to have accepted the modified terms and conditions of this Agreement, contracts or Guidelines. If you disagree with any changes to this Agreement, the Privacy Policy, the Guidelines for Binance TH Platform or tany other contracts, you may immediately terminate your use of the Company's services. The Company recommends that you regularly review these agreements to ensure your understanding of the terms and conditions governing your access to and use of the Company's services.

4. Prohibited Activities: In accessing and using of the Company's services, you represent and warrant that you are not a person listed on sanction lists or designated persons under the Counter-Terrorism and Proliferation of Weapon of Mass Destruction Financing Act B.E. 2559 (including any amendments thereto) (the “Designated Person”). The Company reserves the right to deny service to you in case you are found to be a Designated Person. If you are a high-risk individual requiring close monitoring as determined and notified by the Anti-Money Laundering Office (e.g., UN Sanction List and Thailand List), or a person prohibited from engaging in transactions under Thai law or by order of the SEC, other relevant authorities, or the court, you agree to notify the Company immediately during the registration process for the Company’s services.

2. Company Services

The Company operates an online platform in the form of a website and/or other applications to support and facilitate the digital asset exchange and digital asset broker services for the Users as described in Section 3 below. Users are required to register and create an account in accordance with procedures as set out by the Company. The services of the Company can mainly be categorized as follows:

1. Digital Asset Exchange - the Company will provide a digital asset exchange where Users can place buy or sell Orders for Digital Assets with other Users within the Company's exchange which includes the mechanisms for listing of digital assets for trading, order matching, payments, delivery as well as market condition checks. The Digital Asset Exchange services are limited to trading Digital Assets with Thai Baht only.

2. Digital Asset Broker Services - the Company will provide digital asset broker services, which allow Users to place buy or sell Orders for Digital Assets through the Company, acting as a broker and placing these orders on a sourced exchange in accordance with the best market price mechanism. The digital asset broker services are limited to trading between Digital Assets only. The Company reserves the right to add or cancel connections to sourced exchanges or change the sourced exchange, and will notify users when such additions, cancellations, or changes are completed.

Under this Agreement, if you use the Digital Asset broker services, you agree to appoint and authorize the Company as a digital asset broker to perform any types of transaction on your behalf including, but not limited to, receiving and/or acting in accordance with your Orders or other related users connected to or associated with your digital asset transaction.

3. Registration for a Binance TH Account 

1. Registration: Each User must register to open a Binance TH account prior to using the Company's services. When you register to open a Binance TH account, you must go through the Know Your Customer (KYC) process by providing information requested by the Company and accepting to this Agreement, the terms and conditions of the services, and the Guidelines for the Binance TH Platform including you must also read and acknowledge the collection, use and disclosure of personal data as notified by the Company in the Privacy Policy. The registration process should follow the procedures specified by the Company. The Company reserves the right to approve or reject the opening of the Binance TH account at its sole discretion. Failure to follow the specified procedures, refusal to provide the requested information, provide incomplete or outdated information or any other reasonable reasons which prevents the Company from being able to verify your identity or the true beneficiaries may be grounds for the Company to deny the opening of a Binnce account. Each User (including individuals, businesses, or legal entities) will have only one Binance TH account during their service period, and you agree to provide complete, accurate, and truthful information as requested by the Company in order for it to consider the approval of your Binance TH account.

In addition, as part of the evaluation of your suitability in investing in the Digital Assets, in the event that the Company is unable to evaluate, screen or has discover any limitations regarding your ability to comply with the terms of this Agreement or any terms and conditions of the service at any time, the Company reserves the right to refuse or limit the scope of the services to you as it deems appropriate.

2. Eligibility: To register for a Binance TH account, you certify and guarantee that:

1. In case of an individual, you are of full legal age (at least 20 years old) and legally competent to enter into this Agreement or any transaction related to the use of the Binance TH Services.

2. In case of a legal entity, you are a legal entity duly organized and existing under the laws of the country in which you are organized and you have the legal capacity and ability to enter into this Agreement. You also have the authority to act on behalf of the entity to enter into this Agreement and access the Binance TH Services through the Binance TH Account. You agree that any actions taken by the authorized person (such as registration for a Binance TH Account, entering into agreements, or accessing and using the Company's services) shall be treated as the actions taken by you. 

3. You have not previously been suspended or removed from using the Company's services.

4. You do not already have a Binance TH Account with the Company.

5. You do not reside, are located, or attempt to access the Binance TH System or other services of the Company from a high-risk area which is subject to additional regulatory requirements or otherwise prohibited by the relevant authority.

6. You are not a Designated Person.

7. In case of a legal entity, if you are an employee or agent of the legal entity, you certify that you have the authority to enter into this Agreement, to carry out transactions and to access the services provided by the Company on behalf of the legal entity.

8. The use of services by you does not violate any laws or regulations that apply to you or any individual or legal entity that you act on its behalf, including but not limited to Anti-Money Laundering and Combating the Financing of Terrorism and the Proliferation of Weapons of Mass Destruction regulations.

9. You are not a U.S. person in accordance with FATCA law.

3. Steps for opening a Binance TH Account

1. Register to open a Binance TH Account through the Company's website or application by filling out your personal information and a unique email address that has not been previously used to open a Binance TH Account.

2. Create a username and password.

3. Accept this Agreement and the Company's Privacy Policy. If you reject or refuse to accept this Agreement, the Company will not be able to provide the Binance TH Services to you.

4. Verify your identity through the system using OTP (one-time password) and/or other measures as specified by the Company.

5. Enhance security measures by enabling 2FA (Two-Factor Authentication) using your phone number and email for verification.

6. Consent to FATCA Declaration for U.S. status person check. If you do not consent to this, the Company will not be able to provide the Binance TH Services to you.

7. For Thai citizens*, confirm and verify your personal information by using your national ID card, taking a selfie photo, and undergoing Liveness Check, where the system verifies information against the central registry with the Department of Provincial Administration. If the verification fails, you will not be able to proceed with the account opening.

8. If you fail the Liveness Check verification more than the specified number of times within a single day (currently set at 5 times per day), you will need to retry the Liveness Check on the following day.

9. Agree and accept the terms and conditions and privacy policy of the National Digital ID Company Limited in order to complete the verification process either through a mobile banking app, a dip chip process at an AIS store or any other process permitted by the Company. You must complete the verification process within the specified time period. Failure to complete the process within the time period or failure to provide correct and/or up to date information may require you to start the verification process again.

10. Complete a questionnaire, a risk assessment, and pass a knowledge test before you can start using the Binance TH Services.

*In case of a non-Thai national, from step 7 onwards, you must attend and complete these steps at the Company's office. You must also bring the following documents for verification: your original passport, work permit, visa, or national ID card. Once the verification process has been completed, we will notify you of the results via email.

You must successfully complete the registration process in full before you can start using the Binance TH Services. In any event, the Company reserves the right to amend and/or modify the account opening process as it deemed appropriate and in compliance with the applicable Law.

4. User Verification To register and open a Binance TH account, the Company is required to check and verify your personal information and confirm the identity of the User. Such information will be used for identity confirmation, checks for money laundering, financial crime, terrorism or proliferation of weapons of mass destruction activities, fraud, financial crimes committed on the Binance TH System, or any other purposes that the Company deems necessary in order to comply with the Law or as specified in the Privacy Policy. In any event, the Company will collect, use and disclose the information received from you in accordance with the Privacy Policy.

1. Warranty: You warrant that the information you provided is true, complete and up to date. If the Company has reasonably reasons to doubt that the information provided is inaccurate, false, not current or incomplete, the Company reserves the right to notify you to rectify the information, delete the relevant information, or terminate some or all of the services provided to you. If the Company is unable to contact you through the provided contact information, you acknowledge and accept that the Company may not be able to provide the services to you, and you are responsible for any losses or expenses incurred to the Company while you are using the Company's services. In the event of any change, you acknowledge and accept that you are responsible to update your personal information and ensure that they are up to date. 

When registering to open the Binance TH Account, you hereby consent the Company to verify your information as it deemed necessary and/or as required by the applicable Laws. In accordance with the Privacy Policy, your personal data may be disclosed to any relevant authorities for prevention of fraud or financial crimes and in compliance with the applicable Law which may result in investigations. 

2. Account Usage: You warrant that you will be the sole person who can access and use your Binance TH Account. The Company reserves the right to suspend, freeze, or terminate your Binance TH Account if any unauthorized person other than yourself uses it. You must not disclose your username and password to any person. If you suspect or become aware of unauthorized use of your username and password, you must immediately notify the Company. The Company will not be responsible for any loss or damage resulting from the use of your Binance TH Account by you or any unauthorized person, except where such losses result from the Company's misconduct.

3. Security of the Binance TH Account: You are solely responsible for maintaining the security of your Binance TH Account and/or the password and any transactions carried out under your Binance TH Account. To the fullest extent permitted under the applicable Law, the Company will not be liable for any loss or damage resulting from the use, whether authorized or unauthorized, of your Binance TH Account or any information, including but not limited to the use of the Company's operating systems, data disclosure, data publication, consent or acceptance of any agreements or any acts on the website or application which caused loss or damage to the User. 

In registering for a Binance TH Account, you agree that (1) you will immediately notify the Company when you become aware of any unauthorized use of your Binance TH Account and/or password, or any violation of the safety measures; and (2) you must strictly comply with the Company's safety, authentication, trading, fee calculation and withdrawal protocols. 

5. Unless agreed otherwise, in the event that your request to open a Binance TH Account is rejected because your Know Your Customer (KYC) process was unsuccessful, you will not be able to reapply for a Binance TH Account for a period of six months from the date of the rejection.

6. Transaction Limits The Company offers three levels of transaction limits as per the below table. Once you have passed the KYC process and successfully opened your Binance TH Account, you will automatically receive a KYC Standard level. If you wish to increase your transaction limits, you will need to undergo an additional KYC process as prescribed by the Company. You may submit your request by contacting the Company through the relevant channels as announced by the Company. In any event, the Company reserves the right to consider and approve such limit increases at its sole discretion.

7. Change in Personal Information In the event of any change to your personal information, you must notify the Company via the Support Chat provided through the Company's website or application to update your information.

8. Data Reviews To ensure security and in order to maintain the accuracy of your personal information, the Company will require you to regularly review and update your personal information. If you fail to review and/or update your information within the specified time frame, the Company reserves the right to temporarily suspend your access to the Binance TH Services until you complete the data review.

3. Binance TH Services 

1. General Guidelines 

1. Use of Binance TH Services After completing the registration and identity verification process and your Binance TH Account opening request is approved, you can utilize the Company's services, which include (1) Digital Asset exchange for buying or selling Digital Assets in Thai Baht and (2) Digital Asset broker services for trading one type of Digital Asset for another via the Company's broker services or any other services related to the above services that may be provided through the Binance TH Platform in the future. This also includes provisions of market-related data, analysis, and information published by the Company, participations in activities organized for the Users etc. All services provided by the Company will be in accordance with the terms and conditions of this Agreement (including the Guidelines for Binance TH Platform and any other applicable agreements). 

2. Company's Rights The Company has the rights to:

1. change, modify, or terminate any of its services at its discretion, in accordance with applicable Laws and the Guidelines for the Binance TH platform.

2. authorize or restrict the use of its services for certain Users or transactions from certain areas as prescribed in the Guidelines for the Binance TH Platform.

3. select, add, list or delist Digital Assets for the Digital Asset exchange or broker services on the Binance TH System at the Company's discretion and in accordance with the Guidelines for the Binance TH Platform.

4. to the extent not in conflict with the applicable Laws, the Company may freeze, control, or lock Digital Assets or funds in the Binance TH Accounts in the event that the Company has discovered that there was an error in any Order, deposit or withdrawal of the Digital Assets or that there was substantially inconsistent in the price of the Digital Asset from the market price at the time of execution the transaction, regardless of whether the error was caused by you, the Company or a third party in order to investigate such error (e.g. wrong transfer or incorrectly input a wallet address). The Company has the right to correct, reverse or cancel any Order or trade in its sole discretion. You acknowledge and accept that the Company will have no responsibility or liability for any action or non-action to correct, change, reserve or cancel any Order or trade that the Company has discovered an error unless it was the fault or negligent of the Company. 

5. to the extent not in conflict with the applicable Laws, the Company may temporarily suspend the Binance TH System, the Binance TH Services or certain Digital Assets for the purpose of maintenance, repair, or improvement, as scheduled or unscheduled, or in response to market volatility or events. The Company will provide advance notice to the Users unless in an emergency. Any order or trade executed prior to the suspension of the services will be deemed expired, and the Company will cancel those Orders after the suspension of the service or trade, in part or in full.

6. change or amend trading rules for Orders or trade of Digital Assets. The Company will provide advance notice to the Users of any additions, removals, or changes to the trading rules. You acknowledge and agree that the Company will not be liable to you for any modification, cancel or change of the trading rules or any rules relating to the Orders or trades, unless such modification, cancel or change was the fault of the Company.  

7. Subject to the applicable Laws and the Guidelines for the Binance TH Platform, the Company may, in its sole discretion, refuse any Order or transaction, set criteria or limitations on the amounts of transfers or transactions that can be made each day or during certain time periods, or impose conditions on the use of the services, including locking or freezing of your assets and suspending access to your Binance TH Account (e.g. where the Company has received complaints or has reason to suspect that your assets have been stolen or unauthorized access of your account, technological disruptions, force majeure events, market volatility or changes in the applicable Laws) without the need to give you prior notice. In any event, the Company shall not be responsible or liable any action it has taken in accordance with this Section unless it was the fault or negligent of the Company.

8. To the extent not in conflict with the applicable Laws, the Company may take any actions as it deemed necessary and reasonable in order to maintain the security and stability of the Binance TH System as well as any Digital Assets or assets in your Binance TH Account.

2. Service Guidelines

Prohibitions. You agree to use the Company's services only for the purposes authorized by the Company in accordance with this Agreement. You will not intentionally engage in any unlawful or fraudulent activity or in violation of any Law or use the services in any manner that could damage or cause harm to the Company or other Users. Any violation of the Law or any intention to cause harm to the Company or other Users are strictly prohibited and shall be considered a material breach of this Agreement.

Limitations of Use and Access. You acknowledge and accept that your use and access to the Binance TH Services provided by the Company are subject to the terms and conditions of this Agreement and that you shall not  transfer any of your access or use rights or any intellectual property rights of the Company that you may have under this Agreement without the prior written consent from the Company.

Recommendations. To the extent that it in not in conflict with the applicable Laws, any rights and benefits arising from any suggestions, ideas, information, or content (hereinafter collectively referred to as "Recommendations") relating to the Company and its services that you have provided via email, through the Company's services or any other channel, you hereby transfer all of the rights, ownership, benefits and all intellectual property rights arise from such Recommendations to the Company. In this regard, you waive any rights you may have in the intellectual property rights or any other rights or benefits arising from or related to the Recommendations.

1. Warranty. You acknowledge, agree and undertake to adhere to the following terms:

1. While using the Binance TH Services, all activities undertaken or attempted to be undertaken must be in compliance with the Law, this Agreement and any other guidelines announced by the Company through its website, application or any other communication channel.

2. Your use of the Binance TH Services must not infringe upon or in conflict with public interest, public order or the moral values or the legal rights of others, including any actions or attempts that may interfere, disrupt, harm or prohibit other Users from using the Binance TH Services.

3. You agree not to use or attempt to use the Binance TH Services for inappropriate or unfair trading practices (e.g. price manipulation, spoofing, self-trading, wash trading, price ramping etc.), whether they are prohibited by Law or not, and any illegal activities.

4. Unless expressly permitted in writing by the Company, you shall not:

• provide trading services involving the use of the Company's price or market data or the Binance TH System;

• provide data feeds or streaming services using the Company's market data or the Binance TH System; and 

• provide websites, applications or any other services that charges fees or other benefits (including advertisement or fee reference) using the market data received from the Company or the Binance TH System.

5. Unless expressly permitted in writing by the Company, you shall not modify, copy, duplicate, download, store, transmit, broadcast, advertise, delete, or amend copyright notices or license, sublicense, sell, plagiarize, design, lease, borrow, or benefit from any property related to the Binance TH Services, the Company or any part of any property related to the Binance TH Services or the Company, or any imitation or any action which is takes advantage of such property. For the avoidance of doubt, any property related to the Binance TH Services or the Company shall also include any intellectual property and intellectual property rights related to the Binance TH Services or the Company.

6. You agree that when you are required to provide information for the use of the Binance TH Services, you will provide truthful, current and accurate information. You further agree not to provide false, inaccurate or outdated information when using the Binance TH Services.

7. You shall not undertake or attempt to do any of the following:

• Use deep link web crawlers, bots, or any automated tools, programs, algorithms, or methods similar or equivalent to access, copy, or track any part or track any part of intellectual property, or mimic or perform any action on the navigation and presentation structure of the Binance TH Services or the Company in order to obtain  or attempt to obtain content, documents, or information that the Company does not intend to disclose in relation to the Binance TH Services or the Company, other equivalent actions which resulted in accessing, copying, or tracking of the Binance TH Services or the Company, or any part thereof or to interfere with the Binance TH Services or the Company’s computer system or network connected for the priviosn of the Binance TH Services.

• Attempt to access all or part of the Company’s property without permission or connect to the Binance TH Services or the Company's services or servers, or any system or network that the Company provides its services through hacking, data scraping, password extraction, or any other means to bypass any measures the Company may use to restrict access to the Company’s property.

• Test, scan, or probe vulnerabilities in the Binance TH Services or the Company's services or networks connected to the property or violate the security measures and verification procedures of the Binance TH Services or the Company's services, or any network connected to the Binance TH Services.

• Observe, track, or attempt to observe or track data, or perform any action that disrupts the use of other Users.

• Engage in any behavior that is harmful or imposes additional burden on the Binance TH Services or the Company's service without any justifiable cause.

• Use tools, software, or programs that interfere with the Binance TH Services or the Company's services or disrupt any transactions on the Company's operating system, website, application or any online channel of the Company or the Binace TH System.

• Impersonate, fake, or engage in any actions related to identity misrepresentation in order to conceal the identity, or falsify the source of any data or information provided to the Company.

• Use the Binance TH Services or the Company's services which violates or in breach of the applicable Law, this Agreement, the Guildeline for the Binance Platform or infringe any intellectual property rights or any rights of a third party.

• Copy, modify, alter, translate, reverse engineer, decompose, distribute, or create derivative works of any part of the Binance TH Services or the Company's services, or any content within the Binance TH Services or the Company's services, including any files, tables or documents (or any part thereof), or find or attempt to access source code, algorithms, methods, techniques in the services or any derivatives of the Binance TH Services or the Company without permission.

8. You are responsible for verifying all information for any transfer, deposit or withdrawal of fiat or Digital Asset prior to submitting your Orders to the Company. The Company cannot amend or reverse the transfer, deposit or withdrawal of fiat or Digital Asset that have been forwarded and confirmed within the digital currency network, unless otherwise specified in this Agreement. In addition, you acknowledge that the transfers, deposits and withdrawals may need to be verified and  confirmed by banks or digital asset networks. Such verification process may vary and may result in delays or impact on the success of the transaction. As such, in the event of any delay or any impact on the success of the transaction, the Company shall not be held responsible or liable for any damages suffered or incurred as a result, unless such damages result from the Company's fault.

2. Rights of the Company to Investigate, Verify and Penalise You acknowledge and agree that the Company the right to conduct investigations, inspections and fact findings or appoint a third party to act on behalf of the Company where a transaction appears to be abnormal or suspicious  based on the conditions, order placements, orders for transfers, deposits or withdrawals (including the origin and destination wallet addresses), any behavior which may deemed to be inappropriate or a wrongdoing, any change in the status to a Designated Person, any violation of the terms of this Agreement, the Guidelines of the Binance TH Platform, the anti-money laundering and countering the financing of terrorism and the proliferation of weapons of mass destruction policy, the Company’s market surveillance rules  or any applicable Laws. The Company may in its sole discretion determine whether you have violated this Agreement, the Guidelines for the Binance TH Platform or the applicable Laws including taking any steps or actions in accordance with the relevant rules without any prior consent or notice to you. Such actions may include, but are not limited to, giving warnings, restrictions, cancellations, suspensions of orders or any transactions, temporary or permanently suspend or cancel your Binance TH Account. The Company may notify the relevant authorities of such incidents, disclose any violations that have occurred, delete any information that you have disclosed which is considered to be a breach of this Agreement, the Guidelines for Binance TH Platform, or the applicable Laws or take any actions that the Company deems necessary and appropriate in accordance with its guidelines.  The Company's decision is final. If you are dissatisfied with the Company's decision, you may file a complaint through the Company's designated channels.

3. You acknowledge that the availability of the Binance TH Services or the Company may depend on the readiness of resources, tools, equipment, and the computer systems used by the Users in order to use the Binance TH. Furthermore, the Users understand that the Binance TH Services or the Company’s services are provided on the "as is" and "as available" basis. 

3. Intellectual Properties

The Company is the owner of the Binance TH Services, and it has ownership or been granted a license to all the intellectual property rights related to the Binance TH Services or the Copmany. Any User or third party may not use these intellectual properties without the permission from the Company or the relevant intellectual property owner. The Users shall not use, copy, distribute, disclose, or develop any intellectual properties relating to the Binance TH Services or the Company. The Users shall not be permitted to sale, transfer, display, broadcast, or any other actions regarding the intellectual properties relating to the Binance TH Services or the Company other than expressly permitted in this Agreement.

4. Trading

1. After completing the registration, identity verification and the Company has successfully approved the opening of your Binance TH Account, you must use the Binance TH Services in accordance with the terms of this Agreement and the Company’s rules governing the Binance TH System.  

In order to buy, sell or exchange of your assets, you must first deposit or transfer your Digital Assets or fiat into your Binance TH Account. While you are the owner of the funds and Digital Assets remaining in your Binance TH Account, the Company may however set minimum amounts and fees for deposit, witndrawal and transfer which maybe subject to change in the future. The Company will notify you of any changes through the Company's website or application. Further, the Company may charge fees for withdrawal of fiat or Digital Assets which the Company will disclose such information on the Company's website or application.

2. Digital Asset Trading Information. Users can view information about Digital Assets, including information on the order book on the Binance TH System before making any transaction on the Company's website or application in order to make informed decisions on placing Orders. In addition, through the application, Users can set the Binance TH System to provide price alerts via their preferred method of communication e.g., email or push notifications. These alerts will notify the Users when the price of a Digital Asset that thy are interested in matches their predefined conditions (e.g. the desired alert price or rate of price change), thus allowing the Users to make informed decisions before executing the Orders.

1. Trading on the Digital Asset Exchange

Order When you place an order to buy, sell, or exchange ("Order"), your Binance TH account will be updated immediately and will show an open Order waiting to be matched, and your Order will be listed in the Company’s order book, where it will be matched with another Order. Users can place their Orders through the Company's website or application by providing the following information: (1) Choose a buy or sell Order, (2) choose the type and amount of Digital Assets to buy, sell, or exchange and (3) the type of Order. Users can place Orders of the following types:

1. Limit Order - an Order which specify a price and a quantity that the User wants to buy or sell. A match will occur when:

• For a buy Order: the selling price matches or is lower than the price specified in the Order.

• For a sell Order: the buying price matches or is higher than the price specified in the Order.

2. Market Order - an Order which specify a quantity to buy or sell but not a price. This Order will be matched instantly with the best available price in the order book, provided there is sufficient amount fulfill the quantity placed. If your Order is partially matched (e.g., due to insufficient supply or demand on the opposite side), the unmatched portion of your Order will be canceled.

3. Stop Limit Order: this is a Limit Order but has a trigger price condition which needs to be met first before the Limit Order is placed. The User must specify both the trigger price and the buying or selling price of the Limit Order. This Order is only effective once the trigger price is met (not when the Stop Limit Order is placed).

After the User placed an order through the Binance TH System, it will process and arrange the Order in the order book in sequence based on ‘Price Then Time Priority’ principle. By way of an illustration, (a) when a buy Order is placed, the highest buying price Order will be placed first. If a new buy Order comes in at a higher price, then it will be placed before the earlier Orders. If there are multiple buy Orders with the same purchase price, the Orders will then be prioritized by the time that the Orders were placed – the earlier Order would be placed first; and (b) when a sell Order is placed, the lowest selling price Order will be placed first. If a new sell Order come in at a lower price, it will be placed before the earlier Orders. If there are multiple Orders with the same selling price, the Orders will then be prioritized by the time that the Orders were placed – the earlier Order would be placed first.

Before you can confirm your Order, the Binance TH System will first check whether your Binance TH Account has sufficient fiat and/or Digital Assets to execute your Order. If there is insufficient balance in your Binance TH Account, you will not be able to confirm the Order and the system will notify you to deposit the required fiat or Digital Assets before you can proceed with the Order. The system will display the maximum available fiat and Digital Assets that you can transact with. If you attempt to place an Order which exceeds your maximum available balance, the system will not accept the Order.

If you have sufficient fiat or Digital Assets in your Binance TH Account, the Binance TH System will record your Order, and the system will immediately reserve the equivalent amount of fiat or Digital Assets for payment and delivery of your Order. This means that you will not be able to place another order with the fiat and/ or Digital Assets that have been put in reserve unless that Order is canceled in accordance with the terms of this Agreement.

2. Trading through Digital Asset Broker Services

The Company also provides digital asset-to-digital asset pair matching for spot transactions. The Orders will be placed through the Company’s Binance TH System which is connected with a source exchange (which meets the criteria set by the SEC) to match with your buy or sell Orders. 

Types of Orders: Through the broker services, Users can place the following types of orders:

1. Market Order -  this is an Order to buy or sell Digital Assets immediately at the best available price in the market at the time of Order.

2. Limit Order - this Order type allows you to specify the price at which you want to buy or sell the Digital Assets and it will be matched if the price is the same or better.

3. Stop Limit Order -  for a sell Order, the Order will be placed when the price falls to or below the trigger price and the Order will become a limit order which it will be matched when the price is equal to or higher than the limit price. 

For a buy Order, the Order will be placed when the price rises to or above the trigger price and the Order will become a limit order which it will be matched when the price is equal to or lower than the limit price.

Before making a decision, the buy or sell prices displayed on the Binance TH System will be the actual prices at the sourced exchange. Users can place Orders by themselves under the best market mechanism and conditions available. Trade fees will be deducted from the Digital Assets received at the rates announced. 

Before you can confirm your Order, the Binance TH System will first check whether your Binance TH Account has sufficient Digital Assets to execute your Order. If there is insufficient balance in your Binance TH Account, you will not be able to confirm the Order and the system will notify you to deposit the required Digital Assets before you can proceed with the Order. The system will display the maximum available Digital Assets that you can transact with. If you attempt to place an Order which exceeds your maximum available balance, the system will not accept the Order.

If you have sufficient Digital Assets in your Binance TH Account, the Binance TH System will record your Order, and the system will immediately reserve the equivalent amount of Digital Assets for payment and delivery of your Order. This means that you will not be able to place another order with the Digital Assets that have been put in reserve unless that Order is canceled in accordance with the terms of this Agreement.

After the Order is placed and confirmed, the Binance TH System will automatically send the Order to the sourced exchange for matching in the sourced exchange system. 

The source exchange will record the Users’ Orders that (a) successfully matched; (b) unsuccessful; or (c) canceled in the source exchange’s ledger database. The records will also be updated and the Binance TH System and the Users’ Binance TH Accounts will be reconciled automatically in real-time.

Payment and Delivery all Orders that are successfully matched at the source exchange will be processed automatically and you will be able to deal with the Digital Assets immediately. The Company will carry out its settlement and reconciliation with the source exchange for the transactions by the end of the following day.

3. Transaction Handling When your Order is matched with the Orders of other customers, either in full or in part, your Binance TH Account will be updated to reflect that the Order has been completed and closed the Order, or that the Order has been partially executed and the Order will remain open until it is entirely matched or canceled according to the conditions specified in section 3.4 (h) below. You can check your transaction history for any successfully completed Orders, Orders that are pending and in progress, or canceled Orders from your Binance TH Account through the Company's website or application.

However, the Company reserves the right to temporarily suspend or cancel matched Orders, including deposit/withdrawal transactions if the Company deems there is a risk of fraud, legal violations or inappropriate Orders which may violate the Digital Asset Royal Decree. In such case, you will not be able to claim damages or compensation for the actions taken by the Company. Where the Company is of a view that a transaction is risky, the Company does not guarantee that the transaction will be successfully completed either via the Company's website or application.

4. Transaction Calculations In calculating the value of the transactions between Digital Assets and Thai Baht, the Company uses the following criteria:

1. Calculation for Digital Asset and Thai Baht transactions in Thai Baht

   Deposits and withdrawals of Thai Baht all deposits and withdrawals of Thai Bath in order to buy or sell Digital Assets on the Binance TH System must be conducted in Thai Baht only.

Deposits and withdrawals of Digital Assets each deposit and withdrawal of Digital Assets will be recorded in U.S. Dollars (USD) at the time of the deposit or withdrawal for each transaction on the Binance TH System (using the referenced rates from www.coinmarketcap.com). The Company will then convert the recorded USD amount into Thai Baht using the average exchange rate that commercial banks used as announced by the Bank of Thailand on the last working day prior to the date of the transaction.

Sale and Purchase of Digital Assets in Thai Baht the transactions will be calculated based on actual values displayed on the Company’s Digital Asset Exchange. No further calculation is required.

2. Calculation for Digital Asset to Digital Asset transactions in Thai Baht

Digital asset-to-digital asset transaction through the broker services is automatically calculated into Thai Baht on the Binance TH System and also recorded in USD at the time the transaction took place. Subsequently, the Company will then convert the USD amount into Thai Baht, using the average exchange rate that commercial banks used as announced by the Bank of Thailand on the last working day prior to the date of the transaction.

5. Payment Once your Order has been successfully matched, the Binance TH System will deduct the price and trade fees from the Digital Assets or Thai Baht that you will receive. You will be notified of the trade fees deducted once your Order has been completed.

6. Trade Fees You agree to pay the trade fees described on the Company's website or application. Trade fees will be deducted from the assets delivered in the form of Digital Asset or Thai Baht, as the case may be. You can check the trade fee details on the Company's website or application. The Company reserves the right to adjust the trade fees at any time. New trade fees will become effective on the date set by the Company which the Company will notify you in advance. You authorize the Company to deduct all applicable fees from your Binance TH account in accordance with this Agreement.

7. Delivery of Digital Assets Once you have paid the price and trade fees, the Binance TH System will adjust your Thai Baht and Digital Asset balances to facilitate payment and delivery of the corresponding Digital Asset or fiat. The updated balance will be reflected in your Binance TH Account.

8. Order Cancellation For Orders placed through the Binance TH Service, you may cancel those Orders before they are matched. Once an Order is matched, you cannot change, reverse or revoke the authorization for the Company to complete the matching of the Order. In the event that your Order is partially matched, you may cancel the remaining portion of the Order that has not yet been matched. In any event, the Company reserves the right to refuse or reject the cancellation of Orders that you have placed onto the Binance TH System.

The Company reserves the right to cancel your Order if the Order remained unmatched, whether fully or partially, and the time period for a transaction as described in the Trading Rules has expired, or the Order is significantly differ from the market price, or abnormal trading behavior or excessive placing of the Orders. This also includes cancellation on a case-by-case basis due to suspicious or irregular trading behavior, risk of illegal activities or in violation of the applicable Laws (including Anti-Money Laundering Act) or general suspension due to scheduled or emergency maintenance of the Binance TH Platform or suspension of certain trading pairs in accordance with the Guidelines for the Binance TH Platform being in force at the time. 

In addition, if your Binance TH Account does not have sufficient balance to execute an Order, you will not be able to confirm the Order.

9. Trading Rules for the use of the Binance TH Services, the Company sets out its trading criteria as follows:

1. Minimum Trade Amount: this is the minimum amount of Digital Assets required to place a buy or sell Order.

2. Minimum Amount Movement: this is the minimum amount of Digital Asset that can be increased or decreased in each buy or sell Order.

3. Minimum Price Movement: this is the minimum price change that can be increased or decreased in each buy or sell Order.

4. Minimum Order Size: This is the minimum Order value that can be placed for each buy or sell Order. The minimum amount per order is 300 Thai Baht. However, if a User places an Order with a value of 300 Thai Baht, but this results in an amount of Digital Asset being lower than the minimum trade amount specified in (1), the system will notify the User that the transaction is not possible because it must also meet the minimum trade amount as well.

Please note that the minimum requirements for the trade amount, price or order value may vary depending on the type of Digital Assets. Further information on the minimum criteria for trading on the exchange and the broker services or other information can be found on the Company’s website or application at https://www.binance.th/th/terms or you can contact us through our Chatbot / Live Chat services. The Company reserves the right to modify or change the trading rules at its sole discretion and you will be notified of any changes through the Company's communication channels.

5. Digital Asset Deposits and Withdrawals

Subject to the transaction limits as set out in section 2.3(f) and the trading rules as set out in section 3.4(i), you can deposit and withdraw Digital Assets that are supported by the Binance TH Account through the Company's website or application under 'Wallet'. When you are carrying out a transaction (transfer, deposit, or withdrawal of any Digital Assets), you must adhere to the minimum amounts and transaction fees as set out in section 3.4 (f). 

It is essential that you choose the correct type of Digital Asset, quantity, and network in accordance with section 3.2(a) and you warrant that you have thoroughly researched and verified all transaction-related information before placing any Order with the Company. The Company cannot amend or reverse the transfers, deposits or withdrawals of Digital Assets once they have been forwarded and confirmed within the Digital Currency Network, except where stated otherwise in this Agreement. Furthermore, you acknowledge that any transfer, deposit and withdrawal transactions may need to be validated and confirmed from the Digital Asset network and originating and destination address checks. Such process may vary depending on the applicable Laws and may result in delays in the confirmation and completion of the transaction. For these reasons, the the Company shall not be held liable or responsible for any losses or damaged incurred, unless such losses result from the Company's fault.

6. Cash Deposits and Withdrawals

Subject to the transaction limits as specified in section 2.3(f), you can deposit and withdrawal fiat to your bank account that is linked to the Binance TH System through the Company’s website or application under ‘Wallet’. You acknowledge and agree that the transaction shall be subject to the minimum transaction amounts and pay any applicable transaction fees  as set out in section 3.4. 

Please note that if you try to deposit to or withdraw from a bank account with a name that does not match your Binance TH Account, this may lead to potential delays in transaction confirmation and completion. In the event of delays in the transaction confirmation or completion, the Company shall not be held liable or responsible for any losses or damage incurred unless such losses result from the Company's fault.

7. Transaction Data Verification (in order to comply with Section 56 of the Announcement GorTor No. 19/2561 regarding Criteria, Terms and Procedures for Digital Asset Business Operations which was further amended by Announcement GorThor No. 6/2565 regarding Criteria, Terms and Procedures for Digital Asset Business Operations (No. 15))

You acknowledge and accept that you can check your transaction details for Digital Asset transfers, deposits, and withdrawals (Transaction History)  as well as any buy and sell of Digital Assets (Trade History) in your Binance TH  Account. You can also download this information from the website the day after the transaction was completed. 

Please note that It's worth noting that the Binance TH System will display up to eight decimal places without any rounding.

8. Supported Digital Assets

In accordance with the applicable Laws, the Company has full discretion to determine whether to support the transfer, deposit, storage or trading of any Digital Assets on its platform. The Company may suspend or terminate the support of any Digital Assets at any time, for any reason, including, but not limited to, the terms and conditions of the Digital Asset issuers, security measures, readiness of the Company's operating system, custodians or any other relevant service providers used by the Company, as well as suitability of technical and operating systems.

You can check which Digital Assets are available on the Binance TH Platform on the Company’s website or application and you can find out more information about each Digital Asset by  clicking on their logo which also include links to the relevant website and/or the Whitepaper.

In the event the Company decides to withdraw support, cease or suspend the transfer, deposit or storage for a Digital Asset from its exchange, the Company shall provide an advance notice to the Users of at least 15 days (or such other period as the Company’s deemed reasonable and appropriate) before implementing such action so that any affected Users can transfer the impacted Digital Asset to another wallet. If you do not transfer the affected Digital Asset out of your Binance TH Account before the date as notified by the Company, you may lose your Digital Asset as you may no longer have access to and may not be able to transfer or control them. The Company shall not be held responsible for any losses or damage incurred as a result of its decision to withdraw or cease support of a Digital Asset.

9. Digital Asset Storage

The Company may store the Digital Assets in your Binance TH Account held with third-party sourced exchanges, custodians and/or third party service providers; provided that they meet the relevant criteria set by the applicable Laws. The Digital Assets may be stored with the Company’s and other Users’ Digital Assets based on the criteria set by the Company. In any event, the Company shall maintain a clear ledger and segregation of each User’s Digital Assets and the custody of the Digital Asset shall be in accordance with the rules and regulations set by the SEC.

10. Airdrops of Digital Assets

The Company has the sole discretion whether to airdrop any Digital Assets received from holding certain types of Digital Assets. The Company will consider factors related to the credibility and source of the Digital Assets, the issuers, the supported technology, the Company's operating systems, the custodians used by the Company, the applicable Laws, rules and regulations. After taking into account of the different factors and the Company finds that it is appropriate, the Company will airdrop the Digital Assets to the eligible Users. However, the Company reserves the right to determine the method and conditions used for the airdrops and it may charge additional fees for airdropping these Digital Assets.

If the Company decides not to proceed with receiving the airdrops on behalf of the eligible Users, the Company will notify the Users via the registered email address so that the eligible Users can seek to receive the airdrops directly.

In the event that the Company proceeds to receive the airdrops on behalf of the eligible Users, it will inform the eligible Users via their registered email address about the terms and conditions and the process for the airdrops within 7 days from the date the Company receives the information about the airdrops. This notification will include:

1. the Digital Assets which will provide the airdrops;

2. details of the airdrops for the eligible Users;

3. any terms and conditions under which the eligible Users will be able to receive the airdrops, including the cutoff date which the eligible Users must inform the Company if they do not wish the Company to receive the airdrops for and on their behalf; and 

4. any expenses and fees charged by the Company and/or the Issuer.

If the eligible Users do not wish the Company to receive the airdrops on their behalf, they must withdraw the relevant Digital Asset on or before the cutoff date. Failure to do so will be deemed that the eligible Users would like the Company to receive the airdrops on their behalf. 

Once the Company receives confirmation of the airdrops on the Company's system, it will notify the eligible Users who have authorized or deemed to have authorised the Company to receive the airpdrops on their behalf and the Company shall transfer the Digital Assets received through the airdrops to the eligible Users within 24 hours after confirmation of receipt of the airdrops and updates the eligible Users’ Binance TH Account accordingly.

4. Liability

1. Company's Liabilit

The User acknowledges and agrees that the Company will not be liable for any loss or damage, including but not limited to any loss resulting from your investment, any direct or indirect loss or damage arising from the use or provision of the Binance TH Services or the Company. This also includes any loss or damage resulting from any actions of the User or other third parties, any changes to the Binance TH Services, the suspension or termination of access rights to all or part of the Binance TH Services pursuant to this Agreement, unless such loss or damage was the result of the Ccompany's fault or the failure of the Company, its directors, management or personnel to conduct the business or operations to be in compliance with the applicable rules, regulations or Laws of the relevant authorities, or that such loss or damage that cannot be limited by Law.

2. User's Liability

The User acknowledges and agrees that the user will indemnify any loss or damage and expenses incurred by the Company due to the actions or omissions of the User or their representatives that violate the terms  and conditions of this Agreement. This includes all losses, damages and expenses which the Company may incur as a result of claims or lawsuits brought by third parties against the Company with regards to this Agreement, which did not arise from the acts, omissions or the fault of the Company.

5. Disclaimers

To the extent permitted by the applicable Laws, the provision of the Binance TH Services is provided on an "as is" and "as available" basis. The Company does not warrant or guarantee the completeness, accuracy, suitability, free from errors, virus-free or any other factors which may be harmful or impact on on the Binance TH System and Binance TH Services, including any impact on the accuracy and completeness of the data on the Binance TH System. The User acknowledges the risks that may arise from the system failures and any damage that may occur to any data.

Furthermore, the Company does not guarantee and is not liable for any loss or damage resulting from operational failure, errors, omissions, defects or delays in the performance of the operations or data transmission, computer viruses or system downtime (that was not caused by the Company's fault). The Company does not guarantee or warrant the accuracy of any content, opinions or connections that occur under the Binance TH system. The User agrees and acknowledges that the Company shall not be liable for any loss or damage, including but not limited to any loss of investment, any direct and indirect loss or damage arising from the use and provision of Binance TH Services or the Cmpany unless such loss or damage was the result of the Ccompany's fault or negligence or the failure of the Company, its directors, management or personnel to conduct the business or operations to be in compliance with the applicable rules, regulations or Laws of the relevant authorities, or that such loss or damage that cannot be limited by Law.

6. Communications and Announcements

For the benefits of the Users, the Company will communicate and announce any information such as changes to the trade fee, terms and conditions, limitations or provisions of the services through the website https://www.binance.th/en/terms or provide any information relating to our products and services, marketing and campaigns etc. through the Company's official website/application or send via email or mobile number etc.

7. Termination 

1. Suspension of the Binance TH Account

1. Right to Suspend Services you accept that the Company has the right to suspend your Binance TH Account immediately (and any other accounts held by you or affiliated organizations or companies) and freeze, control or lock Digital Assets or fiat in such accounts and suspend access to the Binance TH Services or the Company’s services for any reason, including cases where the Company suspects that your use of the Binance TH Account may violate the terms and conditions of this Agreement, the Guidelines for Binance TH platform or any applicable Laws.

Potential grounds for suspension:

1. your Binance TH Account is subject to a state audit, criminal investigation or any other legal proceedings.

2. the Company finds or detects unusual or suspicious usage or activities in your Binance TH Account.

3. the Company finds or detects any unauthorized access to your Binance TH Account.

4. the Company finds tor discovers hat the User is or has become aa Designated Person.

5. other prevailing reasons to suspend the Binance TH due to the applicable Laws, order of the courts or the authorities.

2. Termination of the Binance TH Account 

1. Grounds for Termination the Company reserves the right to terminate this Agreement and/or your Binance TH Account, including permanent suspension of your access, in the event that:

1. the Company has terminated your access to the Binance TH Services and you re-register as a User under someone else's name.

2. the information provided by you is not correct, accurate, up to date or complete.

3. you express your non-acceptance of the changes made to the terms and conditions of this Agreement by requesting to cancel your Binance TH Account or other means.

4. you request to terminate the Binance TH Services or any other services provided by the Company.

5. you do not cooperate, evade or refuse to provide necessary information or documents to the Company, or the documents or information provided by you do not comply with the legal requirements.

6. you cannot provide sufficient evidence or documents to support the legality of your source of funds, your Digital Assets, any other assets or any previous transactions; evade or refuse to provide evidence or supporting documents, any indication of your potential involvement in money laundering or financing of terrorism.

7. you fail to notify the Company of any changes to your information which may affect or has impacted on your obligations to the Company, or other circumstances that are essential to your ability to comply to the terms and conditions of this Agreement.

8. you have violated the Laws or caused damage to the Company’s reputation.

9. any other reasons which the Company deems necessary to terminate and cancel the Binance TH Services.

2. Data Retention in the event of a termination of the Binance TH Account, all data relating to your account and transactions shall be stored and retained for a period of 10 years or such other periods as may be applicable in accordance with the standards and requirements of the applicable Laws.  

3. Asset Seizure To the extent not in conflict with the applicable Laws, in cases where the company identifies that digital assets or funds held in your X account have been stolen or are in your possession unlawfully, or you are listed as an individual subject to legal designation, or upon receiving orders from legal authorities, the company has the right to seize digital assets, money, or any other property held in your X account. The company can seize or lock these assets until the dispute is resolved and the evidence for resolution is acceptable and presented in a form acceptable to the company, or there is an order from another competent authority. In any case, the company shall not be involved in the dispute or the resolution of such dispute.

3. Death or Legal Incapacity of the User

In the event that the Company has been notified or received documents from an authority confirming the death or legal incapacity of the User, or other information which leads the Company to reasonably believe that the User has died or become legally incapacitated, the Company has the right to suspend the User's Binance TH Account immediately. This includes the right to freeze, control or lock the Digital Assets or fiat held in the User’s Binance TH Account and suspend access to any Binance TH Services to prevent any further transactions on the Binance TH Account until an estate executor or a legal guardian has legally been appointed to manage the Digital Assets in the User's Binance TH Account as per the Company's procedure.  Or until the Company receives confirmation or satisfactory evidence to confirm otherwise that the User has not passed away or become legally incapacitated.

4. Remaining Assets after Termination of the Binance TH Account 

Except as otherwise stated in section 7.5, following the closure or termination of your Binance TH Account, the Company has the right to deduct any outstanding trade fees, expenses or any other amounts owed or any liability that you may have to the Company from the remaining assets in your Binance TH Account. After the deductions have been made (if applicable), the User will have a period of 15 days to withdraw your Digital Assets, fiat and any remaining property from your Binance TH Account. If the User fails to withdraw or transfer the assets within the specified period and the Company has attempted to contact the User using the contact information provided to the Company, or if the User fails to respond within 15 days after the withdrawal or transfer period has passed, the Company may be required to report any remaining assets in the Account as unclaimed assets and/or deliver such assets to the competent authority.

Furthermore, to the extent not in conflict with the applicable Laws, the Company may manage and deal with the remaining assets in the Binance TH Account as it deems necessary, including keeping records of such assets and deduct any fees as it deems reasonable and necessary from the remaining assets in the Account until the assets are completely disposed of. 

5. Remaining Assets in the Binance TH Account following termination due to Fraud, Breach of the applicable Law or this Agreement

The Company has legal obligations to oversee and report any information relating to the Digital Assets, fiat, assets and User’s information to a supervisory authority or other relevant authorities  in the event of any suspension or closure of the Binance TH Account due to fraud investigation, violations of the applicable Laws or any breach of this Agreement.

8. Compliance with the Applicable Laws

You acknowledge and agree that Binance TH Services are subject to the supervision of the SEC and must comply with requirements under Thai law. You agree to comply with this Agreement and all applicable Laws relating to your transactions, activities and use of the services, including but not limited to your responsibilities for reporting and paying all relevant taxes. You are responsible for accurately reporting and submitting tax-related information to the relevant tax authorities.

Furthermore, you certify that the Digital Assets or any assets you deposit with the Company have been lawfully obtained and did not derive or were the result of illegal activities. You agree that the Company may, in accordance with the Privacy Policy, request for information as required by Law or orders from any relevant authority to prove the legitimacy of the source of your assets and the use of these assets. 

9. Dispute Resolution and Compensation for Damages

1. To the extent not in conflict with the applicable Law, in the event that you have any dispute with another Use, you agree to indemnify the Company, its affiliates, members, directors, officers, employees, attorneys, advisors, agents, representatives, suppliers, contractors and other service providers of the Company (hereinafter collectively referred to as the "Compensated Party") from any and all claims, demands and all types and natures of damages and loss (actual and consequential) that arise out of or are related to any such dispute.

2. To the extent not in conflict with the applicable Law, you agree to indemnify the Compensated Party for any claims, demands, lawsuits, proceedings, legal actions, investigations, liabilities, damages, losses, as well as costs or expenses (including but not limited to reasonable legal fees, costs, fines, fees or penalties imposed by any competent authorities) arising from any disputes relating to the following: 

1. your use and/or operation of the Binance TH Services;

2. opinions or information provided by you to the Company;

3. your violation of this Agreement or the Guidelines for the Binance TH Platform;

4. violation of any applicable Laws, regulations, rules, legal obligations or the rights of any person or entity; or

5. any actions or omissions by a third party who has access to your Binance TH Account with your permission, authorization or consent.

3. You acknowledge and agree that the Company has the discretion to commence, suspend or settle any legal actions or proceedings as determined by the Company.

10. Privacy Policy

In accessing and using the Company’s and Binance TH Services, the Company will collect, use and/or disclose your personal information such as information that would allow us to identify who you are in accordance with the Company’s Privacy Policy. You can read our Privacy Policy which sets out our guidelines on the collection and use of personal information at privacy policy 

11. Contact Information

You can contact us for additional information about the Company, the Binance TH Services or to file a complaint at anytime through our Support Chat feature which is available 24 hours a day via our website or application. You can also contact us via our official social media channels. However, please note that our customer service team are available from 9:00 AM to 6:00 PM, Monday to Friday, excluding public holidays.

For any complaints, if the User has already completed the identity verification process for their Binance TH Account and is personally filing the compliant, the User must first log in to the Binance TH Account before initiating a complaint through the Support Chat.

Please note that the User is required to log in to their Binance TH Account first before being able to take any actions relating to their Account, except in the event of a deceased User where a duly appointed estate executor is required to provide supporting documents (i.e. a court order) to show that he or she is legally authorized to act on behalf of the deceased User in order to manage or deal with the deceased User's Binance TH Account.

In the event that you do not wish to file a complaint regarding service-related issues but rather you wish to file a compliant about improper conduct of the Company’s personnel such as non-compliance with the Company’s policies or guidelines or any misconduct or violations of the applicable Law, you may file a report through our Support Chat available on our website and application. Alternatively, you can also contact us via email at compliance@binance.th. 

12. Miscellaneous

1. Amendments and Variations The Company reserves the right to amend, vary, update, and/or change the terms and conditions of this Agreement at any time, as deemed appropriate by the Company. Such changes shall become effective immediately upon publication on the Company's website or in accordance with the requirements and timeframes as set out under the applicable Law.

2. Force Majeure The Company will not be held liable for any delays or inability to perform any obligations or duties under this Agreement due to a force majeure event which is beyond the Company's control.

3. Severality If any part of this Agreement is found to be incomplete, inaccurate, invalid or unenforceable, it will not affect the validity or enforceability of the remaining of the terms and conditions or sections of this Agreement. Such incomplete, inaccurate, invalid or unenforceable portions will remain in effect to the extent permitted by Law.

4. Assignment You may not transfer or assign any rights or obligations under this Agreement without the express written consent of the Company which also includes any transfer or assignment as a consequent of the applicable Law or any changes in control. However, the Company may transfer any rights or obligations under this Agreement without prior notice or your consent.

5. No Waiver The Company's failure or delay to exercise any rights or powers under this Agreement will not be deemed a waiver of such rights and will not affect the Company's ability to enforce these rights at any time in the future.

6. Third-Party Links Any links to third-party websites or content within the Company's Binance TH Services do not constitute an endorsement of the products, services or information provided by the third parties. The Company does not guarantee the accuracy of the information contained therein. If you suffer any loss or damage from using these products or services provided by the third parties, the Company will not be held liable or responsible in any way. Further, you acknowledge that the Company has no authority or control over the terms of use or privacy policies of third-party services and/or websites. As such, the Company recommends that you carefully read and understand those policies.

7. Involvement with Apple Inc. If you use Apple Inc. devices for any commercial activities or participate in reward programs through the Company's services, you acknowledge and understand that the Company is not affiliated with Apple Inc. in any way.

8. Contact Information For additional information about the Company and its licenses, please visit the Company’s official website at www.binance.th. If you have further questions about this Agreement, please contact our Support Chat for further information.

9. Governing Law and Dispute Resolution This agreement is subject to Thai law, and any disputes or controversies arising from it will be under the jurisdiction of Thai courts.