(“CoinTR”)
User Agreement
ARTICLE 1 - PARTIES
1.1. CoinTR User Agreement ("User Agreement", "Agreement"), consists of this Agreement and the annexes that are an integral part of the Agreement, are made between METX DİJİTAL BİLİŞİM TEKNOLOJİ ANONİM ŞİRKETİ ("CoinTR" or the "Company") and www.CoinTR.com or it is arranged between the User who is a member of the mobile applications officially announced by CoinTR (Together referred to as the "Platform"), in order for the User to become a member of the Platform and to use the services offered on the Platform.
1.2. CoinTR and the User are referred to individually as "Party" and collectively as "Parties" in this Agreement.
1.3. By becoming a member of the Platform, you accept, declare and undertake that you have read the entire User Agreement, fully understood its content and approved all its provisions.
ARTICLE 2 - SUBJECT OF THE CONTRACT
2.1. The subject of the Agreement is the regulation of mutual rights and obligations between CoinTR and the User regarding the User's benefit from the services offered on the Platform.
ARTICLE 3 - DEFINITIONS
3.1 User Agreement: It refers to this User Agreement and its content.
3.2. User: Refers to users who become members of the Platform by accepting the User Agreement on CoinTR's Platform.
3.2.1. For Turkish Citizens: Anyone aged 18 and over can become a member.
3.2.2. For Foreigners: Anyone aged 18 and over who has residence in the Republic of Turkey and has an account in a bank operating in Turkey can become a member.
ARTICLE 4 - RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1 The User is deemed to have read, understood and accepted the terms and conditions contained in this Agreement and its annexes from the moment the User opens an account to use the services offered on the Platform.
4.2 Engaging in trading crypto assets can be financially risky and higher financial risks may arise if you trade crypto assets that are subject to fluctuating market price movements. If you, as a user, do not understand these risks, do not use the services offered on the Platform and only start using the services offered on the Platform when you understand the characteristics of the crypto assets you intend to trade and the potential risk of financial loss involved in their trading.
4.3. CoinTR is a crypto asset trading platform where buyers and sellers meet. Buying and selling orders on the Platform belong to the Platform users. For this reason, the price of any crypto asset is formed automatically according to the supply-demand situation depending on the buying and selling transactions made by users. If the prices offered by users to each other through the orders they enter for buying and selling matches, the instant price is formed accordingly. CoinTR does not have any impact or intervention on current crypto asset prices. In this context, CoinTR is not responsible for any damage or loss suffered by users due to changes in prices and any damages that have arisen or may arise.
4.4 In order to use the Platform, the User must completely fill in all the information in the form on the Platform, accept this Agreement and obtain all necessary documents and upload them to the Platform.
4.5. The User accepts, declares and undertakes that in order to use the services within the scope of this Agreement, he/she is over 18 years of age and has the capacity to exercise civil rights under Turkish laws. CoinTR has the right to terminate/suspend, without notice, any User accounts that it detects to be under the age of 18 or that it suspects are being used by people under the age of 18 for any reason.
4.6. If CoinTR detects that the user has provided incorrect and/or wrong information during the membership phase, CoinTR holds the right to unilaterally terminate the contract, cancel, stop or suspend the user's account without any notice and not to open an account for this person from now on. CoinTR will not be responsible for any damage that may arise due to these reasons.
4.7. It is forbidden for users to open more than one membership or to use more than one account by a member and to carry out transactions with these accounts.
4.8. User; while fulfilling the membership procedures and benefiting from CoinTR's services, it will comply with all the terms in the User Agreement, the rules specified in the relevant parts of the Platform and all legislation in force in the Republic of Turkey, especially Law No. 5549 on the Prevention of Laundering Proceeds of Crime. The user accepts, declares and undertakes that it understands and approves all the terms and conditions stated above.
4.9. Pursuant to Article 3 of Law No. 5549, CoinTR is obliged to identify the persons conducting transactions and those on whose behalf or account the transactions are conducted before any transaction is carried out (“KYC”). In this context, to fulfill our obligations, we may request information including your first name, last name, address, phone number, email address, place and date of birth, occupation, country of residence, nationality, government-issued identification number, tax identification number, bank account details, live video or photo, purpose of the transaction, and source of funds (KYC Documents). The nature and scope of the information requested by CoinTR within this scope may vary depending on CoinTR’s risk assessment policy. In some cases, CoinTR may request additional KYC Documents from the User. Until such information is received in a timely manner and in accordance with the conditions determined by CoinTR, CoinTR reserves the right not to execute the User’s transaction orders.
4.10. User; In accordance with the provisions of the Personal Data Protection Policy and the mandatory legislation in force or in cases where the rights of other users and third parties are alleged to have been violated, CoinTR is authorized to disclose its confidential/private/commercial information to both official authorities and entitled persons in accordance with the legislation. The user accepts, declares and undertakes that this will happen and that, for this reason, they cannot claim compensation from CoinTR under any circumstances.
4.11. The User is responsible for the security of their user account and password used to benefit from the Platform, as well as for any transactions carried out through this user account. The User agrees and declares that they will not share information related to their registered account on the Platform (such as username, password, etc.) with third parties and will take the necessary security measures regarding the user account. The User agrees, declares, and undertakes that they will not hold CoinTR responsible for any negligence or faults related to the storage, security, etc., of the information concerning their account.
4.12. The User agrees, declares, and undertakes that they cannot transfer their rights and obligations under the User Agreement, in whole or in part, to any third party without the written consent of CoinTR. If it is determined that the User has transferred their account, in whole or in part, to any third party in violation of this provision, CoinTR is free to freeze, block, or completely close the User's account. CoinTR shall not be liable for any damages arising from such actions. The User agrees, declares, and undertakes that while using their account with CoinTR, they act on their own behalf and account, and not on behalf of another person, and if they act on behalf of another person, they will immediately notify CoinTR of the identity of the person on whose behalf they are acting and provide that person’s identification information before conducting any transaction.
4.13. The User is obligated to notify CoinTR of any changes to the information shared during the membership application process as soon as possible after completing the membership application stage or after the approval of their membership. The User agrees that they will be responsible for any potential damages that may arise from failing to notify CoinTR of such changes.
4.14. The user agrees that he/she will not hold CoinTR responsible if his/her membership is not approved due to not providing the necessary information and documents.
4.15. The User accepts with this Agreement that CoinTR has the right to review and evaluate the accounts of all Users at any time and to request new documents from the Users.
4.16. The user accepts that the services provided to him/her may be stopped temporarily or permanently and the limits of these services may be changed as a result of the evaluation of the information and documents provided during the membership phase.
4.17. CoinTR may unilaterally terminate the contracts of Users who are found to be in violation of one or more of the conditions contained in this Agreement and its annexes, and freeze, suspend, cancel, temporarily or permanently, the user's account at any time without any notice. It can close buying and selling orders and also cancel, stop or block the transaction. The final decision on this matter always belongs to CoinTR. CoinTR will not be responsible for any damage that may arise due to these reasons.
4.18. The data shared by the User during the membership application phase is collected and processed by CoinTR in accordance with Personal Data Protection Law No. 6698 and relevant legislation.
4.19. CoinTR, in the event of an error and/or malfunction related to the services offered on the Platform, during the approval of the purchase-sale request or the execution of the purchase or sale or any other transaction, may decide to correct or revise the error and/or malfunction in question or to cancel the purchase and sale request.
4.20. Personal data transmitted by users through the Platform will be processed and used by CoinTR in accordance with the legislation, and detailed information can be accessed from the Personal Data Processing and Protection Policy, which is an integral part of this User Agreement.
4.21. CoinTR accepts and undertakes that the Website will be available on the website with the domain name www.CoinTR.com and that the continuity of the Website will be ensured by CoinTR.
4.22. All necessary measures, including system security, will be taken by CoinTR to ensure that user accounts remain open at all times and access to the accounts is not interrupted. However, CoinTR cannot be held responsible for any delay or cancellation of purchase-sale transactions due to interruptions or system malfunctions that may arise from technical difficulties. Users accept this in advance by becoming a member of the Platform and making transactions.
4.23. Users must comply with the applicable T.R. in all transactions they make through the Platform. They must comply with all local and international legal requirements, especially the legislation. Users are subject to the applicable T.R. They accept and declare that they know the legislation and that they are legally obliged to know and comply with the legislation.
4.24. Whether it is related to crypto assets or not; MASAK and the Law on the Prevention of Laundering Proceeds of Crime, as well as the T.R. All regulations that may be made by the official authorities and the central registry institution will be reflected on the Platform by CoinTR immediately and as necessary and will be binding for all users.
4.25. Any illegal transactions are illegal and if these transactions are detected, necessary legal applications will be made by CoinTR to the relevant authorities. In addition, the responsibility for any actions that may be taken by Users, whether legal or unlawful, voluntary or erroneous, belongs to the User themselves. The User accepts in advance with this Agreement that CoinTR does not have the opportunity or authority to reverse any exchange, sale or transfer to be made through the Platform.
4.26. Money transfers transferred by Users to their accounts on the Platform or transferred to this account are subject to the approval of CoinTR. CoinTR accepts and undertakes that it will make maximum efforts to ensure that all transfers made by users are carried out as soon as possible and that its technical infrastructure is suitable for this. However, CoinTR cannot be held responsible for delayed transactions due to technical reasons or reasons beyond CoinTR's control (e.g. force majeure).
4.27. The User shall only use their own account in a bank operating in accordance with the laws of the Republic of Turkey for money transfer transactions from their user account with CoinTR. CoinTR shall not be responsible for any delays or non-execution of the transfer if the User conducts transfers from accounts belonging to different individuals.
4.28. CoinTR is free to reject or return suspicious or illegal cryptocurrency or money transfers under this agreement. If the funds transferred to the User's account do not originate from the name listed in the User's registered information on the Platform, CoinTR reserves the right to reject the transaction, return the incoming funds to the source, or temporarily block the transaction. Additionally, if the User attempts to withdraw funds from the Platform to a bank account that does not belong to them and is registered under a different individual, CoinTR may reject or block this transaction request.
4.29. CoinTR is not responsible for any possible delay that may occur due to any reason regarding money transfers. In the same context, CoinTR is the sole authority and manager for loading all kinds of money into Users' accounts on the Platform and taking all kinds of existing money out of the Platform, and has full discretion over these transactions.
4.30. On the Platform, Users trade mutually and the crypto asset prices available on the Platform are determined in this way. Instant prices formed on the platform are not binding and do not constitute a precedent. CoinTR does not intervene in the prices on the Platform in any way. In the same context, since the amount or prices of crypto assets on different platforms or other websites are not under the control of CoinTR, they will not be binding on CoinTR.
4.31 Platform and CoinTR are completely intermediary. CoinTR does not determine the prices formed on the Platform. CoinTR cannot be held responsible for any damage or loss suffered by users due to changes in prices and any damage that may have arisen or may arise. CoinTR cannot be held responsible for the profit that the User will make or any financial (e.g. tax) obligations that may occur in the future or any damage that the User may suffer.
4.32. It may not be technically possible to determine the source and destination of crypto assets sent to the Platform or withdrawn from their accounts by Users and sent to crypto asset wallets outside the Platform. Therefore, CoinTR is not responsible for monitoring these cryptocurrencies. The User has accepted this matter in advance with this Agreement.
4.33. Users will be provided with a crypto asset wallet address by CoinTR so that they can upload/send crypto assets to their accounts on the Platform. The crypto asset wallet addresses in question may change from time to time, and the User is obliged to upload the crypto assets in question to the crypto asset wallet address provided to him by CoinTR each time. If the User knowingly or mistakenly uploads crypto assets to an address other than the crypto asset wallet address provided to him/her by CoinTR, CoinTR will not be responsible for this transaction. Again, in case of transfers made by the User from the crypto asset wallet address on the Platform to a crypto asset wallet address outside the Platform, CoinTR will not be responsible for this transaction if the transfer is made to an unwanted crypto asset wallet address due to the User's incorrect entry.
4.34. When the User makes a transfer to a crypto asset wallet address on the Platform or wants to transfer crypto assets on the Platform to a crypto asset wallet address outside the Platform, the User is responsible for choosing the correct blockchain network for the transfer in question. Choosing the wrong blockchain network by the user may lead to irreversible loss of crypto assets in question, and CoinTR will not be responsible for this situation. Due to delays that may occur on the blockchain network, the transfer time may be longer than planned, and since these delays are not caused by CoinTR and/or the Platform, CoinTR cannot be held responsible for such delays.
4.35. CoinTR is not under any obligation to monitor or audit the transactions occurring on the Platform. However, if the prices realized on the Platform are unrealistic as a result of a technical error, transactions may be temporarily stopped by the CoinTR technical team to ensure the healthy functioning of the Platform, and transactions that are found to be faulty may be cancelled. If it is determined that User accounts have unfairly benefited from a technical malfunction or that the Platform has been interfered with by Users in a way that affects the operation of the Platform (e.g. cyber attack), the User accounts deemed responsible may be frozen, blocked or cancelled. In such cases, CoinTR also reserves all rights to request and complain regarding the return of crypto assets or real money taken out of the Platform. CoinTR cannot be held responsible for any delays or problems that may occur on the Platform due to such disruptions that may occur in extraordinary circumstances.
4.36. CoinTR has the right to request certain information/documents from the User for information security and/or account-transaction verification either during the account opening process or after the account has been opened. The User agrees, declares, and undertakes to provide the requested information/documents to CoinTR. If the requested information/documents are not submitted to CoinTR by the User within 2 (two) days or are submitted incorrectly/incompletely, CoinTR shall have the right to freeze, block, or completely close the User's accounts.
4.37. CoinTR, its managers, employees, business partners, representatives, under no circumstances shall be liable for any loss of profitability or data loss that may arise due to the User's use of the Platform or failure to use it as required or as a result of access to the Platform or interference with the use or content of the Platform. cannot be held responsible for any indirect, incidental, special case-related damages or punitive damages that may occur to the User, including but not limited to loss of value or loss of other tangible assets.
4.38. CoinTR has the right not to accept money transfers made by users without giving any reason. If such a situation occurs, CoinTR will refund the money deposited by users within a reasonable period of time.
4.39. CoinTR may determine user limits unilaterally and also has the right to make changes. Changes are valid from the moment they are announced on the website, and website records will be valid.
4.40. Risks
4.40.1. Users should not perform these transactions unless they understand the risks associated with buying and selling crypto assets. The value of crypto assets is determined by supply and demand on the Platform, and since the price is inherently volatile and high-risk, it may cause Users to lose amounts of money that are important to them. Users are deemed to understand these risks when they want to make transactions on the Platform. CoinTR is not responsible for the financial losses of the User due to high fluctuations in the price of the crypto asset traded by the User.
4.40.2. It is at CoinTR's unilateral discretion to remove crypto assets traded on the Platform from the Platform and close them for trading. Therefore, CoinTR cannot be held responsible if Users suffer losses and/or lose their crypto assets. CoinTR will announce its decision on the Platform before a period determined at its unilateral discretion regarding the crypto assets for which it has terminated trading and decided to be removed from the Platform. Apart from this, CoinTR is under no obligation to notify the Users regarding the crypto assets that it has decided to remove from the Platform and close the trading transactions.
4.40.3. The user acknowledges that there are risks associated with using an internet-based platform, including but not limited to malfunction of hardware, software and internet connections. CoinTR will not be responsible for any communication errors, interruptions, errors, disruptions or delays that the User may encounter while using the Platform, for whatever reason.
4.40.4. The User acknowledges that there may be operational issues, human error, malicious behavior (such as fraud or cyber-attack), and other risks associated with the transmission of crypto assets.
ARTICLE 5 - TRANSACTIONS AND PRICING
5.1.Spot Transaction
5.1.1. Orders
When you submit an Order for a crypto-to-crypto transaction, your account will immediately be updated to reflect open Orders and your Orders will be included in the Platform's order book to match other users' Orders. If one of your Orders is fully or partially matched by another user's Order, the Platform will execute an exchange ("Transaction"). Once the transaction is executed, your account will be updated to reflect whether the Order has been fully executed and closed, or the Order has been partially executed. The order will remain incomplete until fully executed or canceled in accordance with paragraph (b) below. To finalize a Transaction, you authorize CoinTR to temporarily control the crypto assets involved in your Transaction.
5.1.2. Cancel
Orders initiated by the User can only be canceled before they are matched with Orders of other Users. Once your Order is matched with another user's Order, you cannot change, withdraw or cancel CoinTR's authority to complete the Order. For any Order that is partially matched, you may cancel the unmatched portion of the Order unless that portion matches. CoinTR reserves the right to reject any cancellation request regarding the Order you have sent. If there are insufficient cryptoassets in your Account to execute an Order, CoinTR may cancel the entire Order or execute part of the Order with the amount of cryptoassets available in your Account (in each case, any Transaction-related fees payable to CoinTR will be deducted from the account as set out in clause 5.2).
5.2. Pricing
5.2.1. Every purchase and sale made by Users on the Platform and withdrawal or deposit of money or crypto assets outside the Platform is subject to a commission fee determined by CoinTR and will be constantly updated by announcing it on the Platform.
5.2.2.The user accepts that crypto asset transfers are non-refundable. For this reason, it is not possible to refund the commission or transaction fees allocated by CoinTR and users do not have the right to request a refund of these fees.
5.2.3. CoinTR will determine the commission fee unilaterally and has the right to make changes, provided that it is announced in advance. Changes are valid from the moment they are announced on the Platform, and current records on the Platform are valid.
5.2.4. CoinTR may collect the commission fee from the crypto asset that is the subject of the transaction performed by the User, or from the User's existing TL account on the Platform.
5.2.5 Depositing money by the User to their account on the Platform or depositing money from their account on the Platform to the bank account operating in accordance with the laws of the Republic of Turkey registered in his name is subject to commission fees determined by CoinTR and published on the Platform.
ARTICLE 6 - INTELLECTUAL PROPERTY RIGHTS AND PROHIBITION OF COMPETITION
6.1. All URLs, logos, texts, codes, images, graphics and trademarks related to the Platform and all services offered on the Platform belong to CoinTR. The User cannot copy, imitate, reverse engineer, quote or use them without permission without CoinTR's prior written permission. The User accepts, declares and undertakes that he/she will not act contrary to these provisions. Any violation of these provisions by the user or the person or persons directly or indirectly associated with the user is a reason for unilateral and justified termination of the contract, and all legal and criminal liability belongs to the user. CoinTR has the right not to open an account for this person or persons from now on.
6.2. The intellectual and industrial property rights contained in this article are unlimited and none of them have been waived. In addition, Users accept and undertake to avoid activities that may create confusion or unfair competition with CoinTR and the Platform. If such a situation is detected, the relevant User account will be frozen immediately, without prejudice to all other rights of CoinTR.
ARTICLE 7 - TERMINATION OF THE CONTRACT
7.1. If CoinTR deems it necessary, especially, but not limited to, in case the User violates one or more of the provisions contained in this Agreement and/or its annexes, without any warning or prior notice and without being obliged to such a warning, the User has the authority to freeze 's access to the Platform or close the User account. The User cannot make any claims against CoinTR due to the use of such a right.
7.2. In case of termination of the Agreement, the User's right to use the Platform is immediately terminated. If the termination is not based on any violation, the account is not under review and there are no legal restrictions on the account, the User's entire balance will be returned to him/her.
7.3. If the User wants to close his/her account, he/she can perform this process himself via the Platform. If the User closes his account voluntarily, the existing cryptocurrency and TL balances in the account are examined as soon as possible and if no violation is found, they are returned to him.
ARTICLE 8 - CONFIDENTIALITY
Personal data transmitted by the User to CoinTR via the Platform will be processed in accordance with the procedures and principles specified in the Personal Data Processing and Protection Policy, which is an integral part of this Agreement.
ARTICLE 9 - APPLICABLE LAW
This Agreement will be subject to and interpreted by the laws of the Republic of Turkey. Any dispute arising from this Agreement will be resolved by Istanbul Courts and Enforcement Offices.
ARTICLE 10 - NOTIFICATIONS
10.1. Any notification arising from this Agreement shall be made by the User to CoinTR; Maslak Mah. Science Street Sun Plaza Blok No: 5a İç Kapı No: 20 Sarıyer/İstanbul. It will be made in writing to the address via registered mail. Correspondence via the support e-mail address support@CoinTR.com does not constitute official notification within the meaning of the contract.
10.2. In case of a notification to the User by CoinTR: Notifications made through the e-mail address and physical address provided by the User during the membership process to the Platform are valid. Users can choose through the Platform which communication channel they would like to receive notifications from. (E.g. SMS, Push, Instant Messaging, Email, etc.) If there is a change in contact information, the User must immediately notify CoinTR. Otherwise, notifications made to the old address will be deemed to have been delivered.
ARTICLE 11 - FORCE MAJEURE
11.1. The occurrence of situations beyond the control of CoinTR that prevent and/or delay CoinTR from fulfilling its debts and obligations under this Agreement will be considered as a force majeure situation [for example, strike, lockout, war (whether declared or not), domestic war, acts of terrorism, earthquake, fire, flood, and similar natural disasters, government decisions and actions, etc.] and CoinTR will not be held responsible for not being able to fulfill its obligations fully or on time due to force majeure.
11.2. In the event of a force majeure situation, CoinTR has the sole authority to decide on the continuation, suspension, termination or other liquidation of this agreement.
ARTICLE 12 - VALIDITY OF BOOKS AND RECORDS
The Parties agree that in case of disputes that may arise from this Agreement and the performance of this Agreement, CoinTR's commercial books and records and computer records will constitute valid, binding and definitive evidence, and that CoinTR is released from the oath offer and that this article is in accordance with the Code of Oaths. They accept, declare and undertake that it is a conclusive evidence contract within the meaning of Article 193.
ARTICLE 13 - CHANGES
CoinTR has the authority and opportunity to make changes to this Agreement and its annexes at any time and to the extent and in the manner it deems necessary. There is no obligation to give any warning or prior notice to the Users for changes to be made, and users do not have the right to object to the changes made. However, CoinTR undertakes to take due care to announce this change to the Users via the communication method chosen by the Users (or only via e-mail) within a reasonable period of time before the changes to be made are processed. Users who do not want to accept the changes are free to close their accounts. Continuing to use the Platform by the User means acceptance of the changes made.
ARTICLE 14 - FINAL PROVISIONS
14.1. When this agreement is announced on the Platform by CoinTR, it becomes valid retroactively and includes all old/new Users whose membership to the Platform has been approved, and the decision remains in effect until terminated by one of the Parties.
14.2. By checking the box indicating acceptance of this Agreement during the membership process on the Platform, the User agrees, declares, and undertakes that they have read and understood each clause of this Agreement separately and that they accept all the contents and provisions of the Agreement. Users who do not accept this Agreement should not become members of the Platform and should not benefit from the Platform's services.
14.3. If any provision of the Agreement is determined to be invalid by official authorities (e.g. Courts), the relevant article is deemed to have been removed from the contract text, but the other articles of the agreement remain in force.
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Information Text on Protection of Personal Data
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