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I am preparing to initiate a claim against Binance Europe Ltd the division of Binance.com legislatively responsible for handling claims brought against Binance in the UK for an actual specific loss of £10,000 resulting from them breeching their T&Cs to myself as a user.
At the time their Terms of use stated :
“Any arbitration against Binance must be commenced by filing and serving a Notice of Arbitration in accordance with the HKIAC (the Hong Kong International Arbitration Centre)”
However the current terms updated 10.08.23 now has a provision / amendment separate from this stipulation explicit to UK users:
“32.1.Aside from where Applicable Law requires or provides you with a choice otherwise.
Nothing in these Terms shall prevent a user resident in the United Kingdom from having the right to bring a Claim against Binance in a court in the United Kingdom."
My questions is even though their breech of their own Terms of use directly resulting in the loss occurred in Nov 2022 when their Terms of Use specified the need for arbitration in Hong Kong can I now take them to court in the UK as their terms have removed this stipulation for All Uk customers? Or Would this only apply for breeches of their Terms that occurred prior to the Aug 2023 update?
(If it matters they would still be in breech if they restricted my use in this way now, it just so happened the breech occurred at the end of 2022, but still within the past 11 months.)
At the time their Terms of use stated :
“Any arbitration against Binance must be commenced by filing and serving a Notice of Arbitration in accordance with the HKIAC (the Hong Kong International Arbitration Centre)”
However the current terms updated 10.08.23 now has a provision / amendment separate from this stipulation explicit to UK users:
“32.1.Aside from where Applicable Law requires or provides you with a choice otherwise.
Nothing in these Terms shall prevent a user resident in the United Kingdom from having the right to bring a Claim against Binance in a court in the United Kingdom."
My questions is even though their breech of their own Terms of use directly resulting in the loss occurred in Nov 2022 when their Terms of Use specified the need for arbitration in Hong Kong can I now take them to court in the UK as their terms have removed this stipulation for All Uk customers? Or Would this only apply for breeches of their Terms that occurred prior to the Aug 2023 update?
(If it matters they would still be in breech if they restricted my use in this way now, it just so happened the breech occurred at the end of 2022, but still within the past 11 months.)
