I was reading the terms and conditions here https://www.binance.com/en/terms.

What exactly are they? Are they a natural person? Are them a company? And if so where are they registered? Do they have multiple registrations? What is their domicile?


Can you have valid Terms and Condictions when there is no entity mentioned?

No, but the example you post is inapplicable because the terms clearly state in the beginning that the agreement is between "you" and "Binance operators". The latter is defined shortly thereafter. Thus, it certainly identifies the entity.

A contract does not need to exhaustively list all information such as parties' registration(s) or domicile. As long as a reasonable person is able to grasp who are the entities entering a contract, that contract is binding and enforceable.

If it cannot be ascertained from the contract who the counterparty(-ies) is(are), then neither party can prove that he and other entity(-ies) knowingly and willfully agreed to an exchange of considerations or promises thereof. Accordingly, nobody would have standing to sue others for breach of contract.

  • 1
    Even if the agreement lacked a format definition it would be very rare that the counter-party to the terms and conditions in an online context couldn't be inferred from context, by looking up the owner of the web domain. Contract terms can be implied in fact even when they aren't expressly stated.
    – ohwilleke
    Aug 17 '20 at 23:38

The parties to a contract can be inferred

When you buy your morning coffee, the parties are you and the (unidentified but identifiable) proprietor of the coffee shop. This is never explicitly identified.


Yes you can have a terms and conditions but where would then enforce it? Seems a bit once sided when they ask for identity information and know where your domicile is, yes they conveniently choose not to have one. So in effect, you accepting the terms and conditions of the laws as run by binance.

Any reputable company puts down doesn't is claim with its domicile and the laws of the country that they operate under.

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