Last Updated Date: December 26, 2022
BILIRA USER AGREEMENT
Bilira User Agreement and Individual User Terms (“Agreement”) which consists of this agreement and annexes which are accepted as integral parts of the agreement is signed between Bilira Teknoloji Anonim Şirketi (hereinafter referred to as “BiLira” and/or the “Company”) and the “User” that has signed up to the website www.bilira.co (hereinafter after referred to as the “Website”)
User: shall mean the natural person or the legal person client’s representative that benefits from www.bilira.co (Website) services by becoming a member.
BiLira and/or the Company: shall mean the company titled as Bilira Teknoloji A.Ş. having its place of business at Esentepe Mahallesi Kore Şehitleri Caddesi İstanbloom Residence No: 16/1, and which has exclusive competence in commercial use of www.bilira.co.
Form: shall mean the signup documents of theWebsite that requires the User’s information in order to be completed.
Website and/or Site: shall mean the Internet domain name www.bilira.co and the webpages that are extensions of this domain.
Crypto Asset: shall mean a digital representation of a value or a right which may be transferred and stored electronically, using distributed ledger technology, blockchain or similar technology.
TRYB: shall mean the Crypto Asset that is created by the Company on various blockchains, accessible with unique smart contracts, allowing Users to conduct transactions on the relevant blockchains and always collateralised in 1:1 (one-to-one) with fiat Turkish lira.
Crypto Asset Wallet: shall mean physical, software, and/or hardware tools that can be tracked by anyone, that store the private keys of the wallet owner, and allow crypto-asset transfers and transactions.
- SUBJECT OF THE AGREEMENT
The subject of this Agreement is to determine the mutual obligations of the Company and the User who has the right to benefit from the services provided by the Company by being an individual and/or institutional member of the Website
- RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The User becomes a member of the Website by approving this Agreement and creating a user profile of its own.
4.2. Users under the age of 18 are prohibited from conducting transactions on the Website. The User hereby declares and accepts that all the information he/she has provided, especially identity and contact information, is correct; that he/she is over 18 years old and compos mentis, and that he/she has the legal capacity to take legal action.
4.3. Responsibility for all damages arising from the User's misrepresentation of personal information belongs to the User. The Company will not be responsible for any damage that may arise due to these reasons.
4.4. The User can only have one account. The Company has the right to terminate and/or suspend the User’s account without any prior notifications by unilaterally terminating the contract and not to open an account for such User in the future, if the Company detects that the User has provided inaccurate, incorrect and/or false information. The Company also reserves the right to prevent the User from establishing another account. All criminal and civil liability arising and/or will arise within the scope of this article belongs to the User.
4.5. The User must complete all security operations within the time requested by the Platform for security purposes. The responsibility for all damages that may arise due to the failure of the User to perform the requested security operations within the given time belongs to the User. The User accepts, declares and undertakes that it will not make any claims under any name from the Company for any damages that may arise in this regard and accordingly that it has irrevocably discharged the Company.
4.6. The User, who is a member of the Website, is obliged to upload his/her identity and address information, selfie photo and other additional information requested by the Website at the request of the Company in terms of all transactions – including deposit and withdrawal transactions-.In case the identity and address information, selfie photo and/or other additional information and/or documents are not uploaded to the Website by the User, the Company reserve the right not to allow any transactions and/or to restrict transactions on the User’s account.
4.7. All information and/or documents requested from the User by the Company (e.g. identity and address information, selfie photo, and other additional information and/or documents) are obtained in order to comply with all laws and regulations, including but not limited to the laws of the Republic of Turkey, and to fulfil the relevant legal obligations of the Company, and will be shared with the competent authorities if requested by them. In addition, all texts and policy provisions pertaining to the processing of User personal data, which are an integral part of this Agreement, shall be reserved.
4.8. If any change in personal identifying information and/or address information occurs, the User will promptly and/or immediately notify the Company. The User cannot claims any liability and/or or rights that may be imposed on the Company due to the failure to notify the Company of the aforementioned changes. The Company reserve the right to suspend transactions, terminate the account temporarily and/or permanently, and implement all other relevant measures. Therefore, the Company will not be liable for such actions and no responsibility and claims can be addressed to the Company by the User.
4.9. The User declares and accepts that it will use the Website account to make transactions in person and cannot grant access and right of use to any third party. The Company reserve the right to cancel, suspend and/or close the User's account without any prior notification in the case of detection of the User’s actions contrary to this article.
4.10. The User declares and agrees that it has full right to use the name, image, and other information that it uploaded to the Web Site and that such usage does not violate the rights of third parties.
4.11. The User acquiesces in the claim that he/she shall undertake any civil and criminal liabilities arising from contravention of the law by his use or the use of the third parties that the User allows transacting, the transactions that violate any law or legislation of the Republic of Turkey, particularly the laws no. 5549 “The Law Regarding the Prevention of Laundering of Proceeds of Crime” and 6415 “Law on Prevention of Financing of Terrorism” and Policy on Prevention of Financing of Terrorism as well (“T.C. Laws”), the User accepts in advance that he/she shall be liable from such actions. The Company is not liable for governmental authorities’ seizures of the account and cryptocurrencies in cases the User’s use of account violates the Turkish laws and legislation.
4.12. The User declares and accepts that the BiLira account signed up by the User shall be used in the name of the User and he/she acts on his/her own behalf or his/her establishment’s behalf, also declares and accepts that if he/she does not act on behalf of a third person but, if the User acts on establishment’s or a third person’s behalf in this regard, shall notify the identification information, of the person’s or the information of the person that authorized to represent in the written form to BiLira immediately, in order not to violate the Article 15 of Law No: 5549. (In the transactions requiring customer identification which are conducted within or through the obliged parties, if anyone who acts in his/her own name but for the benefit of another person does not inform the obliged parties, in writing, of the person for the benefit of whom he/she acts before carrying out the transactions, he/she shall be sentenced to imprisonment from six months to one year or to judicial fine up to five thousand days.)
4.13. The User declares and accepts that he/she obeys the law, and national and international regulations in any financial transaction that takes place in the account of the Company, and also declares and accepts that he/she does not operate in the areas indicated risky operation by the Company’s Compliance Policy Regarding the Prevention of Laundering of Crime Revenues, in any means neither implicitly nor explicitly. By signing up to the Company’s platform via an account, the User also declares and guarantees that he/she is not on the list of economic sanctions such as OFAC (Office of Foreign Assets Control) and United Nations’ Sanction List etc. On the other hand, the Company reserves the right to determine the markets and the countries to operate on and may restrict or reject services in specific countries at the Company’s sole discretion.
4.14. The User is personally responsible for ensuring the security of his/her membership information, e-mail address, password and any other relevant information. The User accepts, declares and undertakes that it will not make any claims under any name from the Company for any damages arising from the use of this information by unauthorized persons or the capture of the information by third parties and that it has irrevocably discharged the Company.
4.15. The Company may not be held liable in cases of; cyber-attacks and any forms of theft neither on the domain provider nor on the Company’s systems even though any other user’s accounts may be the source of such cyberattacks and theft, the Company shall not be liable from such situations. In this regard, the User accepts, declares and assures that the Company is acquitted irrevocably and thus, may not lay any claims with any names to the Company regarding this situation.
4.16. The Company has the right to take all kinds of measures, including the closure of the account of the User, to ensure that the User uses the Website within the framework of this Agreement and legislation and prevent any contrary use to them.
4.17. The User agrees in advance that it will not use the Website for purposes that are against the law and the legislation and that it will be responsible for all criminal and civil liability that will be arising from its usage of the Website for purposes contrary the law and the legislation. The User is responsible for all claims and requests that may arise in case of contradiction of this Agreement and the legislation and is obliged to immediately compensate the losses that the Company may suffer due to such claims and requests.
4.18. The User must notify a bank account that is registered to his/her identity number and name to the Website in order to deposit and/or withdraw money from the Website. Any damages caused by the User’s false declaration about the accounts belonging to him/her absolute liability belongs to the User. In this regard, the User accepts, declares, and assures that the Company is acquitted irrevocably and thus, may not lay any claims with any names to the Company regarding this situation.
4.19. There are two separate services provided to the User through the Website regarding “TRYB Services”. These are “Buy TRYB” and “Sell TRYB” transactions. In the “Buy TRYB” transaction, TRYB is sent in the amount of Turkish lira deposited by the User to the Company bank accounts to the relevant Crypto Asset Wallet address provided by the User. In “Sell TRYB” transaction, however, a withdrawal request can be sent by sending the TRYB assets held at the Crypto Asset Wallet address of the User to the Crypto Asset Wallet address assigned to him/her by the Website in the amount of the TRYB sent to the Crypto Asset Wallet address assigned to him/her by the Website, which shall be withdrawn to the User’s bank account. In the event that the Crypto Asset Wallet under the User’s responsibility is lost, stolen and/or seized by a third party in any way, the User cannot hold the Company responsible and accepts, declares and/or undertakes that he irrevocably releases the Company from all damages that may arise.
4.20. The User accepts, declares and/or undertakes that he/she will use his/her Crypto Asset Wallet address – which he/she verified on the Website- to protect Crypto Assets and TRYBs sent to him/her by the Company while using the Website account and that it is his/her sole own responsibility to protect the Crypto Asset Wallet.
4.21. The Website is not a Crypto Asset Wallet. The Company shows the TRYB assets held by the Users in the Crypto Asset Wallets assigned to them by the Company from the blockchain. Users can request to withdraw Turkish lira from their assigned wallet addresses, but only up to their existing TRYB balance.
4.22. In case of using a Crypto Asset Wallet other than the Crypto Asset Wallet with general standards and security measures, connecting another Crypto Asset Wallet to the Site, failing to write an explanation code in bank transfer transactions and/or writing a wrong explanation code, the User shall be responsible for the damages and losses, and the User irrevocably accepts, declares and/or undertakes that he/she shall not make any claims from the Company under any name whatsoever, due to the damages that may arise due to this reason.
4.23. If the User deposits surplus and/or extra money on the Website, the Company can provide a refund upon request. The expense fee that will arise from the return is included in the Commissions section of the Website. The User accepts, declares and/or undertakes that he/she will not hold the Company responsible for this expense, that he/she shall not make any claims under any name from the Company for the damages that may arise in this regard, and that he/she has released the Company irrevocably in this direction.
4.24. While using the Website, transactions that are made with a bank account that is not registered on the User and/or cardless transactions done at ATMs are not accepted. In cases where it is determined that transactions are done, that contradict this provision, the Company reserves the right to cancel the relevant transaction without prior notification. The Company is not responsible for the damages resulting due to cancellation of those transactions which happened as a consequence of violating this Article.
4.25. After the User becomes a member of the Website, the User cannot transfer, sell, and/or donate its account and rights to third parties and make third parties use its account and rights. If the Company detects any acts of the User against this article, the Company has the right to cancel, suspend and/or cancel the User's account without any prior notification. The User accepts, declares and undertakes that he/she has irrevocably discharged the Company for all damages that may arise due to the Company's exercise of these rights. The User is responsible for all losses and all penal sanctions that may arise under this article.
4.26. The User accepts, declares, and assures that while using the Website, he/she shall transfer cryptocurrencies belonging to the Company, only. While using the Website, during the completion of a transaction, crypto addresses’ are automatically displayed on the User’s screen in order to notify and warn the User. The User has to check the crypto address displayed on his/her screen before completing his transaction.
4.27. In case the User transfers cryptocurrency to another account other than the one displayed on the screen as a warning and a notification, the User shall be responsible for all the losses and damages. The User accepts, declares and assures that the Company is acquitted irrevocably from all the damages caused by the transfer of cryptocurrency to a crypto address that does not belong to the Company.
4.28. The User irrevocably accepts, declares and undertakes that it has been informed and warned by the Company that the market value of crypto assets may be extremely volatile, not secured by official and informal institutions, and that its use may be subject to different regulations due to legislative changes in the future; that it understands this information and warning, declares and accepts that it is responsible for any financial, criminal and civil liability that may arise from these reasons while performing transactions and that if there is a change in legislation, it will act in accordance with the new legal regulations. In this context, the User is deemed to have read and accepted all the statements made by the government agencies regarding cryptocurrencies.
4.29. The User can stop using the services of the Company by terminating his/her account at any time. Upon this request to be submitted by the User, the User's account will be terminated within a reasonable time from the date of receipt of the request. The information in the account, transaction details and personal data of the User, which is terminated upon the request of the User or in accordance with the legal obligations or legitimate interests of BiLira, may be kept by BiLira for reasonable periods prescribed by law and determined by BiLira.
4.30. Subject to the terms of this Agreement, the Company may end the services that are provided via Website without stating a reason and without providing a termination time.
4.31. The User is responsible for all tax liabilities arising from the User's use of the Website and the Mobile Application. No invoice will be sent to the User due to the User's use of the Platform and the transfers it has made.
4.32. The responsibility for any damages and losses that arise or will arise from the use of the Platform by the User belongs to the User. In the event that the Company fulfils its commitments under this Agreement, members of the board of directors, managers, employees of the Company and third-party service providers cannot be held liable for any legal or penal sanctions. The User accepts, declares and undertakes that it has irrevocably released the Company and the mentioned persons in these matters.
4.33. Depending on the situation, it may be technically impossible to track and/or monitor how TRYBs purchased from the Website are used, to where they are transferred or whether they are used in a criminal action or not. The Company cannot be held responsible for the negative and positive damages that occurred and may occur as a result of misuse of TRYBs including the damages of the third parties as well. In this regard, if any kind of legal liability is originated from TRYBs, the User is under obligation to compensate all the damages of the Company. The User accepts and assures that he/she shall pay default interest of 0.1% for each day the damages are not compensated.
- RIGHTS AND OBLIGATIONS OF THE COMPANY
5.1. The Company undertakes to ensure the maximum security of the User who is a member of the Platform during its operations on the Platform. Accordingly, the Company may request information and/or documents, including but not limited to identity, address, and bank information, while creating a membership for the security of the User, as well as an SMS (short message) one-time password verification. The Company cannot be held responsible for any damages that may arise since the information and documents requested by the Company for this purpose are not shared by the User, shared late or shared incorrectly. The Company will act as a prudent merchant and will take all necessary care to protect the User's information against a possible cyber-attack. If the account is confiscated by unauthorized third parties despite the Company’s fulfillment of the commitment and in cases of use of the services, Article 4.14. shall be applied.
5.2. Information regarding identity, address and bank is requested to comply with the laws of the Republic of Turkey, and in the case, these information is requested by the competent authorities, it shall be shared with them. The Company may use information obtained legally under the Protection of the Personal Data Protection Law (“PDPL”) excluding address, identity, and bank but the statistical anonymous information regarding the market which is gathered through the User’s use of the Website and share with third parties with the condition to keep information regarding address, identity and bank confidential.
5.3. For transactions exceeding the amount that is stated in the Policy on prevention of financing of terrorism and Prevention of Laundering of Crime Revenues, the Company verification may be requested again. In addition to this, the Company may take strict measures for the cases that it refers as risky in this regard the Users may demand extra information and documents about the evaluation of risk. The User accepts that the business relation ends if the demanded information and the documents are not provided.
5.4. The User is obliged to take all necessary measures due to the business relations and transactions he will consider as risky in terms of "Laundering Crime Revenues", "Financing Terrorism" and "Fighting Corruption", both national and international regulations and rules, The Company is required to make necessary development/adaptation studies by following the recommendations, principles, standards and guidelines brought by the national legislation and international organizations regarding the subjects covered by the risk, and in this context, any business and/or operation that the Company considers to be risky is a party of any kind and capacity and agrees that the Company shall not be able to make payments, process requests for money transfers, return incoming transfers to its private and make no payments within the scope of cryptocurrencies, as long as it is not limited to those listed here due to the works and transactions considered as risky for this reason.
5.5. The Company has the right not to accept money transfers made by the users to the Company without any justification. However, in this case, the Company shall return the money deposited by the Users within the return process on the 'Commissions' page, which is an integral part of this agreement. The Company has the right to request the presentation of identity, address and bank information for the return of the transfers that it refuses and does not perform. The Company cannot be held responsible for any losses and damages incurred by the User in the time spent delivering the ID, address and bank information requested by the Company to the Company to return the transfer rejected by the Company.
5.6. The Company can set exchange limits unilaterally to the User on TRYB or Turkish lira deposit and withdrawal. The Company has the right to reduce and increase the limits of the User at any time and without prior notice, taking the risk assessment analyse into consideration.
5.7. In case that, the Company sends TRYB or Turkish lira in a way that causes unjustified enrichment to the User, as soon as it is noticed, the situation is immediately notified to the User (e-mail, call, SMS etc.). If it is not returned by the User within 1 (one) business day despite the notification, the User's account may be closed, or suspended or its access may be stopped indefinitely without any prior warning or notification. In this case, again, the account of the User can be reduced to a negative balance as much as the transfer made by the Company and legal remedies are to be applied. The User accepts and assures in advance that he/she has waived the Company’s responsibility irrevocably in this regard. The Company reserves the right to compensate for direct or indirect losses incurred by this transaction.
5.8. The Company has the right to cancel, stop or suspend all of the transactions carried out by the User's membership and usage of the Website in case of suspicion, and report the suspicious transactions to the authorized bodies.
5.9. The Company shall perform the deposits and/or withdrawals that are made by the User on the Website as soon as technically possible. The Company shall not be held liable for any losses that may arise if the deposit and/or withdrawal transactions cannot be carried out at all due to “force majeure” states specified in the Turkish Code of Obligations and the Turkish Commercial Code, or if they are performed late.
5.10. The Company cannot be held responsible for any damages and losses incurred by the User due to the fact that the deposit and/or withdrawal transactions to be carried out using the Website are not carried out within the specified periods, the security measures are not followed, the identity is not verified and the deposit-withdrawal transactions cannot be performed due to other reasons caused by the User.
5.11. The Company may cancel and/or undo the actions performed by the Users to correct the system and ensure its correct operation due to technical errors. The User’s account may be suspended during cancellation and retrieval. The Company may not be held liable for the indirect damages arising from this operation and no right may be demanded from the Company in this regard.
5.12. The Company cannot be held responsible in any way for technical failures that may occur on the Website. The Company cannot be held responsible for any damages arising directly or indirectly due to short or long-term technical failures
5.13. The Company holds the right to make any changes in the rules regarding the deposit and withdrawal transactions offered on the Website. The Company shall not be held liable for any damages that may arise from these changes. Nonetheless, the Company assures to inform the User about the agreement amendments by posting the changes made on the www.bilira.co Website and on the User Agreement page, which is an integral part of this agreement, and/or sending the user an informative e-mail or SMS. The Company's obligation to notify ends with the use of one of the notification ways mentioned in this article. The Company may not be held liable for any damages that the user suffers as the notification of the change is not checked by the User. The User accepts, declares, and assures that he has irrevocably acquitted the Company from the damages that are to be incurred in this way.
5.14. As stated under the 'Definitions' section of this agreement, the Company, which shall provide the Turkish lira integrated service to blockchain based platforms, holds no liability in case of a change of cryptocurrency values. The Company undertakes that the User can always purchase 1 (one) BiLira, a stable cryptocurrency supported by the Turkish lira, which was created, for 1 (one) Turkish lira, and also convert 1 (one) BiLira to 1 (one) Turkish lira in cash, only through the Website and Mobile Application it has created. Due to the commission to be received by third-party organizations, the cost of 1 (one) BiLira to the User may differ and the value paid for 1 BiLira may differ from 1 (one) Turkish lira. The User is responsible for all damages and losses that occur due to changes in crypto money values.
5.15. The User transfers Turkish lira to the Company’s bank account to purchase TRYB. The bank confirms the transaction and notifies the Company. The Company creates TRYB and transfers it to the Crypto Asset Wallet address provided by the User.
5.16. The User transfers the TRYB to Company's Crypto Asset Wallet for conversion, in order to convert TRYB to Turkish lira. This Crypto Asset Wallet belongs to the Company and all administrative and technical measures are taken to the extent possible by the Company in terms of security. The Company sends a notification to the bank and Turkish lira is transferred to the User. The TRYB asset is burned by the Company and the total supply is reduced.
5.17. The Company has the right to keep TRYBs that are “issued but not in circulated”, in other words, ready to be served to users but not currently in circulation.
5.18. The Company is an independent enterprise from any cryptocurrency trading platforms and all other businesses, banks and financial institutions, which perform transactions with crypto-assets, and is not the representative and successor of any company, website or institution. It does not cooperate with any natural persons or legal entities. For this reason, the Company cannot be held responsible for any aggrievements experienced by the Users in transactions made through other platforms, even if they are referring to the Company, the Website and the values of the Company.
5.19. The Company has the right to unilaterally terminate all of its partnerships with a third party and/or third parties, as soon as the Company realizes that any third party the Company is cooperating with is involved in activities that are contrary to the regular business activities or perceived unlawful. In addition, the Company has the right to temporarily take over the TRYB assets held by the third parties or Users, by notifying the relevant regulatory authorities of the Republic of Turkey, if it determines that the third parties with which it cooperates are involved illegal activity(s).
5.20. The Company may communicate with the User for himself/herself, and/or on behalf of third parties, which have received digital prior approval from the user, including commercial, electronic or traditional methods.
5.21. The Company has taken all necessary quality measures in accordance with the industry standards regarding; the system, software and other technical conditions of the Website. Nonetheless, the Company may not be held liable for any consequences arising from the deliberate abuse of the Website by any User or third party or the cyber-attack that the Company suffers from.
5.22. The Company shows maximum efforts to ensure that the Website operates without interruption or free from all kinds of errors. Nevertheless, the Company does not guarantee that the services provided by the Website will meet subjective User expectations and may not be held responsible for such situations.
5.23. The Company may provide links of third-party websites or refer to third-party products or services on its Website. The services or products that are linked or referred to are not subject to the Company's review, and the Company has no responsibility for these services or products. Utilizing third-party services or products is entirely the User's choice and no claim or demand can be directed to the Company in this regard. The Company holds no responsibility for the privacy practices and policies of other sites accessed through this link, or for the content they have.
5.24. The Company is not a cryptocurrency exchange stock market and does not keep Users' cryptocurrencies in any way and does not provide custody services. Digital crypto wallet providers that can be connected to the Website are managed by third party organizations. The Company does not hold any responsibility for transactions and requests between digital wallet providers and the User. The Company reserves the right to prohibit the sending, receiving, creating and/or use of all TRYBs, regardless of the third parties which the Company conducts business activities, when it deemed necessary. In other words, the Company can blacklist all TRYBs circulating in the market by informing the relevant regulatory institutions of the Republic of Turkey.
5.25. Bilira is entitled as a hosting provider in accordance with Law No. 5651 on Law on Regulation of Publications on the Internet and Suppression of Crimes Committed by Means of Such Publications; The User's name and Internet Protocol (IP) address used to access the Platform are required to collect certain information such as the date and time accessed to the Platform.
5.26. The Company shall provide its support services only via the internet address www.bilira.co, via the firstname.lastname@example.org e-mail address, and the Company Telegram channel. Apart from these, support services are not provided through social media tools and forums such as Facebook, Twitter, andInstagram. In the support services to be provided through these media, the Users are not asked for a password, and the Users are not given a crypto address to send Crypto Assets. By accepting the provisions of this article, the User agrees that he will receive support from the Company only and only via e-mail. The Company is not liable for any damages arising from this reason. The Company may not be held liable for the aggrievement experienced by the members of the Website due to "pirated" sites created using the company name or by creating this impression. The User accepts, declares, and assures that the Company is acquitted irrevocably in such situations.
- INTELLECTUAL PROPERTY
All content, including the design of the Website and all images published on the Website, are under the copyright protection of the Company and these contents may not be copied, reproduced, distributed in any format, published or used in any other way without the written consent of the Company. Legal action will be taken against the User who uses this content inequitably.
- THIRD PARTY LINKS
7.1. Websites may contain links to other sites ("External Sites") that are owned or operated by third parties.
7.4. Any trademark, trade name, service mark, design, logo, symbol or other copyrighted material displayed or accessed through such External Sites does not mean that such material is sponsored, suggested or related to BiLira, or BiLira is authorized to use them legally.
8.1. The Company will announce the fees related to the transactions performed by the users with respect to the services on the Website’s 'Commissions' page. The Company holds the right to collect the fees related to the services of the Website, which is an integral part of this agreement, from its users at the rates announced.
8.2. The Company always holds the right to make changes on the commission rate and service fee that shall be received from its Users. The changes will be announced by the Company on the 'Commissions' page of the Website. The Company is not under obligation to notify the User about any changes made by the commission rate and service fee to the User through another communication channel other than announcing it on the 'Commissions' page.
8.3. The commission rate and service fee changes that are announced on the Website become effective from the moment that they are announced. After the commission rate and service fee changes are announced on the Website, the first action to be made by the User on the Website means that the changes made are approved by the User.
8.4. Due to the structure of the blockchain, a transaction is not possibly to be undone and cancelled since TRYBs sent to the User by the Company are processed into the blockchain. In a similar way, the TRYBs that are sent by the User to the Crypto Asset Wallet of the Company cannot be withdrawn or canceled. Thus, the service fee arising from these transactions shall not be refunded. The User cannot hold the Company liable for the transactions User thinks he/she has done it wrongly, and the Company is acquitted irrevocably.
8.5. Crypto currency transfers made on the Website shall not be returned. Since crypto money transfers cannot be returned, the service fee and transaction fee received from the User cannot be returned as well. The user declares and assures that the Company is acquitted irrevocably of these transactions, which User thinks are done wrongly.
8.6. The User declares and assures that he / she accepts the terms of this agreement under the section of "CHARGES" and acquiesces in the claim by becoming a member of the Website.
- TERMINATION OF THE AGREEMENT
The Company may stop all services provided under this Agreement without any compensation. The User agrees that it cannot claim any rights if the Agreement is terminated in this way.
- LEGAL AND PENAL SANCTIONS
10.1. The User is deemed to have read and accepted all statements that are made and to be made by the Capital Markets Board, Banking Regulation and Supervision Agency and other regulatory authorities regarding stable and all other cryptocurrencies.
10.2. In case the Website is used for illegal purposes, the User is liable for all legal and penal sanctions that will arise in accordance with article (4.14) of this agreement. In this regard User accepts, declares and assures that the Company is shall be deemed relieved from liability irrevocably, of freezing the User's account, permanent or temporary deletion of User’s account, suspension etc. The Company reserves the right to prohibit this person from re-opening a User account indefinitely.
10.4. In the event it has been determined by the Company that the User has violated any item or articles in this agreement, but the agreement has not been terminated with such User, this and not exercising any legal remedy by the Company cannot be construed as the Company's waiver from its rights. The Company reserves every right regarding such violations.
- APPLICABLE LAW AND JURISDICTION
This Agreement is subject to the laws of the Republic of Turkey and any disputes that arise in connection with this Agreement from the use of the Website, and terms and conditions, which are communicated within the legal notice of the Website shall be exclusively resolved by Istanbul (Caglayan) Courts and execution offices .
- PROTECTION OF PERSONAL DATA
12.1. The Company is subject to Act on Protection of Personal Data No. 6698 (“PDPL”) regarding the processing of personal data obtained from its Users. The Processing and Protection of Personal Data Policy is an integral part of the Agreement.
12.2. In order to obtain information regarding the Company's personal data processing activities and rights, the user can access the Information Text on the Website and the Personal Data Processing and Protection Policy and can contact the Company by sending an e-mail to email@example.com. Detailed information pertaining to these matters is stipulated in the documents related to the PDPL on the Website.
13.1. Company assures to keep the information of the User private and also assures to take necessary measures in this regard. Yet, these information and documents shall be disclosed to in accordance with the laws and legislative decrees of the Republic of Turkey if requested by the competent authorities, in order to fulfil the agreements between the User and to enforce them. This does not constitute a violation of confidentiality, and the Company shall not be held liable for any damages that may arise due to this.
13.2. The Company, without prejudice to this confidentiality clause, may share the information of the Users with third parties in the following situations:
- In cases where it is necessary to comply with the obligations imposed by the written legal rules issued by the competent legal authorities upon laws, legislative decrees, bylaws etc.
- In situations where it is necessary for the Company to fulfil the provisions of the agreements between Company and the User,
- In situations where information about the Users is requested within the scope of a research or investigation carried out by the authorized administrative and / or judicial bodies,
- When it is necessary to provide information to protect User’s rights or security.
13.3. BiLira, with this notice, undertakes to keep the confidential information given to it strictly private and confidential, to consider it an obligation to keep it a secret and to take all necessary precautions to ensure confidentiality, to prevent all or any part of the confidential information from entering the public domain or to be disclosed to an unauthorized user or to a third party and to show full due diligence.
- FORCE MAJEURE
The User and/or the Company will not be responsible if there is a force majeure, such as natural disasters, warfare, mobilization, fire, strike, lockout, internet outage, etc., occurring in a way that temporarily or permanently stops the work of both the User and the Company or only one of them In addition to force majeure reasons, the User and/or the Company will not be responsible in cases that occur outside the control of the parties, such as decisions taken by the government and legal regulations. The irresponsibility of the User and the Company is limited to the continuation of these situations. In this case, the User and the Company will not be entitled to claim the damage they suffered due to the non-implementation or delay of the Agreement from the other party.
- NONLIABILITY CLAUSE
15.1. Any content presented on the platform consists of data collected from third parties and public sources. All data, analysis, reports, statistics are processed and presented objectively by software that has automatically processed the information without any editing or guidance. All kinds of news and reports submitted by the Company are for information only and do not feature direct knowledge of solutions, conclusions, legal opinions, political and sociological research and are not guaranteed to be accurate. The data may be contradictory or inconsistent. In such cases, the Company assumes no responsibility.
15.2. The Company issues no warranties whether explicit or implicit, including any merchantability, performance, marketability, and fitness for a particular purpose, regarding the results of the content provided by it, through the User, by any person or organization. All content is presented to the User "as is". The Company cannot be held responsible for any loss of profits or losses that may arise from the use of the contents. References to any person / institution / company / brand in the content provided by the Company are not a suggestion to influence the market values of these individuals / institutions / companies / brands, to their rankings in various criteria, brand values or to the purchase, sale or retention of stocks.
- MISCELLANEOUS AND FINAL PROVISIONS
16.1. All notices, approvals, requests, and other types of correspondence and notifications to be sent by the Company to the User or received from the User will be made via the e-mail address that the User declared while registering to the Website or via the Website. Communication by e-mail substitutes for written communication. It is the responsibility of the User to keep the e-mail address up to date, to determine the e-mail address sent by the Company as a reliable e-mail address, and to regularly check the Company for notification. The notifications made to the e-mail address of the User registered in the system are formal notifications in accordance with the Notification Law and other laws and declares and undertakes that the address of the User is always correct and accessible.
16.2. The provisions of this Agreement are separable and the invalidity of a provision in no way affects the validity of other provisions. If any of the provisions of this Agreement become unenforceable or invalid due to a new law or regulation, the remaining of the Agreement will not be affected.
- ENFORCEMENT AND ACCEPTANCE
17.1. By being a member of the Website, User accepts, declares and undertakes that it has read and understood all the articles and sub-articles of this Agreement, consisting of seventeen articles, and that it approves all the content and all provisions of the Agreement. This Agreement enters into force on the date when the User approves the Agreement and is abolished if the Agreement is terminated by the Company or if the User cancels its membership.
17.2. The User who does not accept the Agreement should not be a member of the Website and should not benefit from the Website’s services. Otherwise, the Company can not be held liable for any losses that incurred and / or are to be incurred.