Before and within using our Services, please read these Terms carefully, along with any other policies or notices on the Platform, including but not limited to the Risk Notification Form, the Confidentiality Policy, the Clarification Text on the Processing of Personal Data, and the documents referred to herein and therein (collectively our “Policies”). Unless otherwise stipulated herein or therein, the Terms and our Policies constitute the entire agreement between you and us with respect to your use of the Platform.
|2.1. we/our/us||Refers to “BN Teknoloji Anonim Şirketi” located in Esentepe Mah. Büyükdere Cad. Ferko Apt. No.175/7 Şişli/İstanbul, operating the Crypto Platform mentioned in this Agreement and providing the Cryptocurrency trading service and other services specified in the Agreement.|
|2.2. Cryptocurrency||Digital (virtual) assets, which are transferable and have the same value everywhere at the same time, cannot be controlled by a bank or a company, has no centralized structure, based on block chain technology, of which the price is defined and changed in markets created by buyers and sellers, has no nature of electronic money.|
|2.3. Crypto Wallet||It is a computer file that contains Cryptocurrency addresses and their passwords and is entirely under the User's responsibility and control. Cryptocurrency can be transferred between these addresses.|
|2.4. User/you||Any eligible person who visit, download, sign up or use the Platform whether or not get benefits from the services offered on the Platform.|
|2.5. Site||A website consisting of the domain name “www.trbinance.com" and the sub-domain names connected to that domain name.|
|2.6.Binance Turkey/Platform||the Site, related mobile apps (“Apps”) and the related ecosystems created or operated by us from time to time, by which Binance Turkey provide certain Cryptocurrency-related services and products to the Users.|
|2.7. User Account||The account each User shall register and open one in Binance Turkey as his/her identification therein, under which each User holds one or more Crypto Wallets.|
3. General Provisions
3.1. Nature of Binance Turkey
3.1.1. Binance Turkey is mainly a Cryptocurrency buying/selling platform. Through the Platform, the Users buy or sell Cryptocurrencies to each other by bidding or underbidding. Binance Turkey mediates these transactions via the Site. But, Binance Turkey does not determine, adjust or actively affect the prices generated on the Platform.
3.1.2. Investing in Cryptocurrencies is a risky economic activity. You hereby declare and undertake that you acknowledge the risks of investing in Cryptocurrencies and will assume by yourself, and will not hold Binance Turkey responsible for the losses and damages which has incurred or may be incurred due to the investment. For more information about the risks in using Binance Turkey, please refer to the Risk Notification Form.
3.1.3. Unless otherwise stipulated herein, we are the owner of all services, domain names, software codes, interfaces, contents, product reviews, videos, algorithms, drawings, models, designs and all other intellectual property rights (excluding contents and applications provided by third parties) related to the Platform or services provided/to be provided under this Agreement. The copying, duplication, dissemination, the reverse engineering, and any other forms of infringement of the foregoing intellectual properties are not permitted in any manner.
3.2. Services of Binance Turkey
3.2.1. We provide you with different services on the Platform, through which you can:
- (a) register, maintain and use a User Account on the Platform, which will be your unique identification thereon;
- (b) open, maintain and use at least one Crypto Wallet under your User Account, through which you can top up and save BTC/BNB and other types of Cryptocurrencies to be accepted by us from time to time;
- (c) voluntarily transfer cryptocurrencies to your Crypto Wallet or from your own Crypto Wallet to other users on the Platform; and
- (d) voluntarily convert the Cryptocurrencies in your Crypto Wallet to other legal values accepted by us from time to time, or exchange it with other users on the Platform by other methods that will be accepted by us from time to time. You may access other services of our approved partners, or we may provide this to you from time to time.
3.2.2. For the avoidance of doubt, we are not affiliated with any financial services management such as depositing, withdrawing or transferring money in connection with fiat currencies, exchange of your cryptocurrencies on the Platform at the counter/box office. These services will be provided by a third service provider within the scope of service agreements and policies, and if you have any concerns or problems regarding these services, you should contact the relevant service providers. We are not responsible for any claims you may make within the framework of your fiat currency financial services. You declare that you understand and accept that you should direct such requests to the relevant service providers.
3.2.3. For the purpose of complying with the law, no leveraged transactions are allowed on the Platform at present. You hereby accept, declare and undertake that you will not, claim interest for any Cryptocurrencies or fiat currencies -whether it is converted to investment or not- that you may have or transact for in Binance Turkey in your use of our services.
3.3. Duration of the User’s Membership
The User, within the scope of this Agreement, will be entitled to use the services provided/to be provided by Binance Turkey only for the duration of his/her membership.
3.4. Account Registration
3.4.1. Each User can have only one User Account. The User may only use the Platform for the purpose of benefiting from the services described in this Agreement. If the same person uses more than one User Account, Binance Turkey has the right to unilaterally take necessary and appropriate measures such as terminating the contract, discontinuing any transaction or blocking the transaction, suspending and blocking the User Account/Accounts unilaterally.
3.4.2. The User is solely responsible for the completeness, accuracy, non-misleading and timeliness of the information provided while singing up the Platform. Binance Turkey relies on these statements in all transactions relating to the User and acts accordingly. Again, it is the User that is obligated to give and verify the documents and information requested by Binance Turkey after signing up, both in order to make transactions and in the specific limit/transaction types. Otherwise, Binance Turkey has the right to, at our sole discretion, terminate the Agreement, as well as not to proceed for any action or to take necessary and appropriate measures such as unilaterally blocking or suspending your User Account. In the event that the information declared or provided by the User is changed, the User shall notify Binance Turkey as soon as possible and update this information. Binance Turkey is not responsible for your losses or damages arising from your failure to fulfill this obligation.
3.5. Qualification of the User
3.5.1. The Platform only provides services for natural persons residing in the Republic of Turkey.
3.5.2. You hereby declare and undertake that you are over the age of 18 and has a capacity for independent act and responsibility. If Binance Turkey, for any reason and in any way, detects or has reasonable doubt that the you are, or your User Account is being used by anyone, under the age of 18, or having no capacity for independent act and responsibility, we have the right to, at our sole discretion, terminate the Agreement or as well as to take necessary and appropriate measures such as not proceeding for any transactions or blocking, suspending your User Account unilaterally.
3.6. Account Usage Requirement
3.6.1. The User shall not transfer this Agreement or any obligations or rights arising out hereof to third parties without our consent. You shall not sell, assign, lease, license or in any other method make your Binance Turkey account to be used by third parties under any title or name without our consent. In case of your act breaching the provisions aforementioned, Binance Turkey has the right to, at our sole discretion, terminate the Agreement, as well as not to proceed for any action or to take necessary and appropriate measures such as unilaterally blocking or suspending your User Account.
3.6.2. The user undertakes that he will not act on his own behalf but on behalf of someone else. The user undertakes to act on his own behalf and on his own account and not to act on behalf of someone else. Otherwise, the User accepts and declares that Binance Turkey will not have any legal / criminal liability due to unauthorized, erroneous transactions, unfair, unlawful use of third parties, including fictitious, illegal, transactions, and that it has the right to terminate this Agreement unilaterally.
3.6.3. If the User wants to appoint someone as a representative by issuing a notary public power of attorney with a special authority to exercise the rights arising from this Agreement, the representative may exercise the rights arising out of this Agreement only with the prior permission of Binance Turkey. Such matters are at sole discretion of Binance Turkey. If Binance Turkey permits the power of attorney aforementioned, the User shall be responsible for all behaviors and transactions carried out by this person and for the consequences of such behaviors and transactions. Again, in cases where the power of attorney is dismissed or resigned, is the User shall notify in writing Binance Turkey in advance. In case the notice is delayed, the legal responsibility arising from the transactions in the period up to delivery of the notification by Binance Turkey shall be still assumed by the User.
3.6.4. The User shall use the services we provide (including but not limited to carrying out transactions through the Platform) only for lawful purposes. If any service or the Platform is used by the User for illegal purposes or deemed suspicious, Binance Turkey is entitled to, cancel the transaction carried out by the User, compulsory restitution of conditions of the Users carrying out transactions, terminate the Agreement immediately and/or take other necessary security measures. The legal responsibility arising from the unlawful actions of the User shall be borne by him/herself.
3.7. Account Security
You are responsible for the protection of the password and the username to your User Account. You shall not share this password and username with other people, otherwise, you are responsible for any loss or damage caused. If any unauthorized persons get your User Account and use the services we provide through your User Account, we shall not assume any liability incurred by you therefrom.
You shall ensure the security of your own User Account. For the purpose of protecting your User Account, it’s strongly suggested that you (i) use a strong password, (ii) not share the username and password thereto with anyone, (iii) use the password thereto only specifically in the Platform, (iv) always connect to the Site via "https", and (v) check the address of https://www.trbinance.com and/or the identification information of the Apps while accessing to the Platform.
3.8. Rights and Obligations of the User
3.8.1. The User is legally and criminally responsible for all transactions and actions taken through the Platform. The User acknowledges that transactions carried out and instructions given by him/her cannot be cancelled or undone after their execution and acts accordingly. Unless otherwise provided in the Policies of the Platform, Binance Turkey only provides matchmaking services between different Users with respect to Cryptocurrency transactions and relevant technical services and does not engage in any transaction as a party thereto. Therefore, Binance Turkey has no legal or administrative responsibility as a party to any transaction. In particular, the responsibility arising from the execution of the instructions given by any User regarding buying/selling or other services shall be borne by such User. Again, the User is also responsible for any loss or damage arising out of the transactions carried out due to wrong or incorrect instructions.
3.8.2. You are responsible for the transfers of Cryptocurrencies exchanged on the Platform to any of your Crypto Wallets. It is also responsible for taking security measures related to each of your Crypto Wallets. In case of any incorrect transfer of Cryptocurrency between Crypto Wallets belonging to different Users, Binance Turkey shall not be held responsible and all responsibilities shall be borne by the User who carries out incorrect transfer. Therefore, before send your selling/buying instruction, you shall carefully check the information that must be entered during the transfer according to the technical specifications of Cryptocurrencies, otherwise you shall assume the losses, damages and liabilities due to entering incorrect information. You hereby, for all cases except for those due to our intention or gross negligence, accept, declare and undertake that you have released Binance Turkey irrevocably for any liability for incorrect transfers.
3.8.3. You are responsible for all activities in the name of your User Account subject to this Agreement, and all legal liabilities (including but not limited to tax liabilities) arising from such activities. In the event we are obliged by law or governmental orders to make a payment or assume other liabilities arising from or related to such activities, you shall compensate us for all our losses and damages in a way satisfactory for us and you hereby agree that we are entitled to take all reasonable measures at our sole discretion to relieve us of the foregoing liabilities, including but not limited to freezing or compulsorily transfer your assets.
3.8.4. The instructions given by the user will be carried out only if there is a demand within the market conditions. Therefore, simply giving an order (stop limit or other limits or orders) does not mean that the order will be executed. Binance Turkey has no commitment in this regard.
3.8.5. In the transfers made by the user to the wallet located in Binance Turkey, only the crypto asset types listed in Binance Turkey will appear in the wallet. In case of transferring crypto asset types not listed on Binance Turkey Platform; You may request a refund of the transfer or its conversion to another listed asset, at Your/User's expense.
3.9. Binance Turkey’s Rights and Obligations
3.9.1. We, as a prudent businessman, are obliged to pay reasonably utmost attention to the security of your Cryptocurrencies that we maintain on your behalf. However, we shall not be held responsible for theft / fraud / cyber-attack incidents that still may occur despite all of our efforts.
3.9.2. Binance Turkey provides support services at trbinance.com/chat, email@example.com or other communication channels. Unless otherwise expressly provided in our Policies, Binance Turkey usually does not ask for a password in support correspondences or require you to transfer any Cryptocurrencies or fiat currencies to us or a third party. Binance Turkey shall not be held responsible for damages and losses of the User which are not or may not resulted from the aforementioned communication channels.
3.9.3. Binance Turkey has the exclusive authority to determine the types of crypto assets that it mediates on the Platform. From time to time, it may remove the listed crypto-asset types from the list or add other crypto-asset types it accepts. For the crypto asset types to be removed from the list, the User will be given a reasonable notice in advance, and if the User does not take action within the specified time upon this notification, the crypto asset will be sold at the current price and transferred to the User's account in return for sale. There is no responsibility to be attributed to Binance Turkey in this regard.
4. Limitation of Liabilities and Disclaimer
4.1.1. Investing in Cryptocurrencies is a risky economic activity. You hereby declare and undertake the risks regarding activities (including carrying out transactions) subject to this Agreement we have reminded you of herein as well as in the Risk Notification Form, and further agreed that we are not responsible for any losses or damages incurred by you arising from or related to those risks, including but not limited to price fluctuation of Cryptocurrencies.
4.1.2. The user will make the decision to trade by examining the characteristics, type and features of the crypto asset to be invested. It is the User's own responsibility to conduct detailed research on this matter. Binance Turkey has no responsibility or commitment in this regard.
4.2. General Provisions of Limitation of Liabilities
4.2.1. Binance Turkey is mainly a Cryptocurrency buying/selling platform. Through the Platform, the Users buy or sell Cryptocurrencies to each other by bidding or underbidding. Binance Turkey mediates these transactions via the Platform. But, Binance Turkey does not determine, adjust or actively affect the prices generated on the Platform. Binance Turkey shall not be held responsible for damages and losses suffered by the Users due to changes in prices and damages which have been incurred or to be incurred.
4.2.2. Unless incurred from intention or gross negligence of Binance Turkey, Binance Turkey is not responsible for any loss and/or damages due to the User's transactions carried out on the Platform.
4.3. Content not Provided by Binance Turkey
4.3.1. The contents offered on the Platform may consist of data collected from third parties and public sources. All data, analyses, reports, statistics are processed and presented objectively by a software that automatically processes information without sorting or direction. All reports and reports submitted on the Platform are for your information and advice only and do not has the nature of direct solution, conclusion, legal opinion, political and sociological research knowledge and are not guaranteed to be complete, accurate or non-misleading. The data published on the Platform may be contradictory or inconsistent with each other. You hereby agree and accept that in such cases Binance Turkey has no responsibility for submit or display to you any information containing contents from third parties or public sources.
4.3.2. Binance Turkey provides no warranty -whether express or implied- including merchantability, performance, marketability, fitness for a particular purpose, regarding the results of any content we offer to any User. All content is presented to the user on the "as is" basis. Binance Turkey shall not be held responsible for any loss of profits or compensatory damages that may arise from the use of the contents. The contents offered by Binance Turkey do not contain any reference to any person / institution / company / brand, and are not a recommendation which may affect the market value or various criteria rankings of these individuals / institutions / companies / brands or the purchase, sell or hold of stocks or Cryptocurrencies.
4.4. Technical Issues
4.4.1. Binance Turkey shall execute the User's transaction instructions given by him/her in relation to the services in this agreement within a reasonable period of time. However, Binance Turkey is not responsible for damages due to the failure to execution of these instructions in reasonable time for technical reasons, compelling reasons, temporary impossibility or any other reasons not arising from or controlled by Binance Turkey.
4.4.2. Binance Turkey, shall not be held responsible in any way for technical failures that may occur on the Platform. Binance Turkey does not guarantee that the Platform will work or work without any failure. However, it is willing to make utmost effort to ensure the proper functioning of the Platform.
4.4.3. Binance Turkey may perform periodic maintenance and updates when it deems appropriate for the healthy operation of the Platform, by notifying the Users in a reasonable time. The user cannot claim that damage has occurred due to unfulfilled transactions and unfulfilled instructions within this time period.
4.5. Misuse of the User
Binance Turkey shall not be held responsible for damages and losses which has incurred or to be incurred due to the misuse of the Cryptocurrencies purchased and sold by the User or any other services received under this Agreement. Binance Turkey, in case of doubt, may not execute the User's transaction instructions, as well as, if possible, may cancel the transaction. In all these cases, Binance Turkey shall not be responsible for any of the User’s losses or damages.
5.1. Transactions with Technical Errors
In cases where your transactions occur -due to technical errors- at unrealistic prices, Binance Turkey may cancel or rescind these transactions or take other necessary measures in order to correct and ensure the proper functioning of the system. Your User Account may be frozen during cancellation and rescission, if any payment has been made, and a refund of the wrongful payment may be requested. If aforementioned payments are not refunded, Binance Turkey has the right to resort to all kinds of legal remedies. You hereby agree that, in cases that any loss/claim due to these transactions is incurred by Binance Turkey or another User of Binance Turkey, Binance Turkey is authorized to collect the relevant amount of Cryptocurrencies or other assets equivalent to the loss/claim we or another User suffers, from your User Account. Binance Turkey shall not be held responsible because of this kind of transactions and no claim shall be made against Binance Turkey.
5.2. Disposal of Claims
Binance Turkey shall have the right to collect/offset or exchange our claims arising out of this Agreement or any other legal reason from any kinds of receivables/goods/assets belongs to you.
6. Non-Financial Advice
6.1. Non-investment advice
No services under this Agreement have the nature of “investment advisory”.
Binance Turkey neither commits to provide consultancy to the User nor engage in any activity that may be interpreted as consulting.
7.1. Binance Turkey is entitled to receive a commission (service fee) at a rate determined at our sole discretion for certain services we provide, including but not limited to services regarding buying and selling transaction.
7.2. Binance Turkey declares the fees and commissions for the services we provide on the Site or the Apps.
7.3. Unless otherwise provided herein or in other Policies, Cryptocurrency transfers are non-refundable, hence the commission and transaction fees collected by Binance Turkey cannot be refunded and the Users have no right to request a refund of these fees.
7.4. Binance Turkey reserves the right to change the types, amounts and rates of these fees and commissions from time to time without prior notice. These changes are implemented after they are posted on the Platform. The fee table for services is an integral part of this contract.
Each party hereby agree, declare and undertake that they will comply with the applicable law as well as our Policies on personal data protection.
8.2. Personal Data We Collect
Binance Turkey detects, collects and records different personal data depending on the context of your interactions with us, the choices you make, and the products and features you use, including but not limited to:
8.2.1. Your personally identifiable data that you voluntarily provide to us when registering at the Site or Apps and/or completing authentication;
8.2.2. Your personal data such as identification documents, fund source certificates, fund use documents and so on, before or during your use of specific services, in order to comply with the global industry regulatory standards, local regulatory standards and governmental orders in different aspects, including anti-money laundering (AML), know your client (KYC) and counter-terrorism financing (CTF) and so on;
8.2.3. Your personal data related to your use of services, such as
- (a) the dates and time you access or use the Platform;
- (b) the device identification, such as your IP addresses, the types, models, operating systems; browser information and manufacturers of devices you access to the Platform;
- (c) comprehensive demographic information; and
- (d) other relevant traffic data at our sole discretion;
8.2.4. Your personal data contained in or related to any communication you send to us or generated through the use of the service.
8.3. Transfer of Personal Data
Binance Turkey shall undertake that it will not transfer the user's personal data to third parties except certain persons set forth in the Clarification Text on the Processing of Personal Data under legal obligations or with the explicit consent of the User.
8.4. Use of Personal Data
8.4.1. The personal data provided by the User shall not be used for any other purpose other than those set forth in the Agreement and in the Clarification Text on the Processing of Personal Data.
8.4.2. We primarily use and/or disclose your personal data to sustain and enhance Binance Turkey, including but not limited to
- (a) to provide and maintain the services and verify each User's identity;
- (b) to share with our agents, service providers or with other persons we conduct business with, for the purpose of showcasing our performance hereunder;
- (c) to ensure and improve the system and User Account security and our services;
- (d) to enforce this Agreement and other Policies;
- (e) to combat counterfeiting, comply with legal obligations, governmental requirements or court orders, and respond to reasonable requests of our Users; and
- (f) to develop and display content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.
8.4.3. Binance Turkey, in order to make the duties and services to be used more effectively, can cooperate with several third parties in several manners. This cooperation can be through advertising, sponsorship, authorized marketing, data sharing and other legal commercial methods. Binance Turkey hereby declare and undertake to make communication/marketing in communication activities with you with your consent, unless otherwise permitted by law, and to provide tools to ensure that you can unsubscribe the system easily.
8.5. Third-Party Links
Binance Turkey may provide links to third-party sites within the Platform, which can forward users to those sites of third parties. Binance Turkey has no responsibility regarding data collection, processing and disposal of such third parties, or the content those sites contain. For more information, please refer to the privacy practices or policies of such third parties accessed through this link.
Binance Turkey undertake that it keeps the confidential information disclosed to itself strictly private and confidential, accepts to keep it as a secret as an obligation and it takes all necessary measures that are required to ensure confidentiality and its maintenance, to prevent all or any part of confidential information to be public domain or to prevent unauthorized user or its disclosure to a third party and to show utmost care on its part.
9. Validity of Records
You hereby accept, declare and undertake that, in any dispute arising out of or related to this Agreement, electronic system records, commercial records, book records, microfilm, microfiche, and computer records kept in Binance Turkey’s own systems, database and servers shall be valid binding, final and exclusive evidence and this article shall has the nature of the evidence contract within the scope of Article 193 of the Civil Procedure Code.
10. Termination of the Agreement and Force Majeure
10.1. Each party may terminate this Agreement at any time with a one-day prior notice delivered to the other party.
10.2. Under this Agreement, force majeure shall be interpreted as events that occur beyond the reasonable control of the related party including but not limited to natural disasters, riots, epidemics, war, strike, lockout, failures arising from telecommunications infrastructure, power outages and bad weather conditions.
10.3. During the force majeure period, the obligations of the parties are suspended.
10.4. Neither party shall be liable for any losses or damages incurred by the other party arising from or related to failure or delay of either party’s performance of this Agreement due to “force majeure”.
11. Governing Law and Dispute Resolution
11.1. This Agreement shall be governed by and construed under law of the Republic of Turkey.
11.2. Any dispute, controversy or claim arising out of or relating to this Agreement, or the interpretation, breach, termination or validity hereof shall be submitted to and governed by the courts of Istanbul Cağlayan.
12. Execution and Acceptance
12.1. Unless otherwise provided herein, this Agreement has been concluded electronically between you and us as a result of the user filling in the information fields on the Platform and clicking on the “Start My Membership” tab. However, our obligations arising out of this Agreement shall enter into force upon confirmation by us that the information provided by you during the membership process are verified correct and accurate.
12.2. You hereby accept, declare and undertake that you have read the full text of this Agreement, the Risk Notification Form, the Confidentiality Policy and the Clarification Text on the Processing of Personal Data, fully understood their contents and confirmed and agreed all their provisions.
12.3. Upon your request, we can send you a copy of this Agreement, the Risk Notification Form, the Confidentiality Policy, and the Clarification Text on the Processing of Personal Data at your e-mail address.
12.4. We reserve the right, at our sole discretion, to change these Terms or our Policies at any time. Unless otherwise provided in the respective notice, any such changes will take effect on 0:00 of the fifth (5) day as of the date when respective notice is posted on the Site or the Apps. Your continued use of the Platform following any such change will signify your acceptance to be bound by the then-current Terms. Please regularly check the latest effective date of these Terms or each of our Policies to be aware of any updates or changes hereto and thereto.
12.5. If you do not agree to the terms of this Agreement, you shall not use the Platform and the services provided through the Platform. Otherwise, Binance Turkey shall not be held liable for losses damages that incurred or to be incurred by you arising from or related to your unauthorized use of the Platform or the services.