Article 1 Parties and Scope
- By using Cointral Systems, you accept these Terms and the obligations imposed on the User by these Terms.
Article 2 Definitions
The following terms used in these Terms have the meanings stated below.
“Intellectual Property Rights”, implies Cointral Systems and APIs related to Cointral Systems and their transaction prices, volumes, values, etc. information, User data, databases, know-how, software, programs and applications, systems, flows, source codes, graphics and images, logos, icons, websites, any text, audio or visual content and other elements of Cointral, the copyrights, patent rights, utility model rights, trademark rights, design rights and other intellectual, industrial and commercial rights (including the right to acquire or register these rights).
“Website” implies the website www.cointral.com and their mobile, tablet and desktop device applications and other access points that provide the User with direct access to the Service. Functions such as APIs or mobile widgets that provide previews of certain information within the scope of the Service are not considered Websites.
“User” implies any real or legal person who uses the Website and/or Service, whether they are registered account holders or not.
“Service” implies the brokerage service of the User for the purchase/sale and exchange of Crypto Assets with other Service users by Cointral.
“Crypto Asset” is a non-fiduciary asset that is listed by Cointral as part of the Service and is created virtually and distributed over digital networks using distributed ledger technology or similar technology, but does not qualify as fiat money, fiat money, electronic money, payment instrument, securities or other capital market instrument.
“Limit Order” implies an order to buy or sell a specified amount of Crypto Assets at a specified price. Within the scope of the Service, such Limit Order will be executed only if it matches the specified price or a better price than this price.
“Market Order” implies an order to buy or sell a specified quantity of Crypto Assets at the best price of the existing orders in the order book under the Service.
Article 3 Registration
- The User accepts and undertakes to comply with these Terms and to register on this Website in order to use the Service.
- The user is obliged to accurately and completely declare and submit the information and documents requested from them, especially for the purpose of verifying their identity, for the purpose of registration on the Website.
- The user, by registering on the Website, accepts and declares not being a member of a criminal organization or helping these organizations, being a member of a terrorist organization or helping these organizations, being an organization affiliated with criminal and terrorist organizations, being a person or group that aims to destroy the constitutional order or indivisible integrity of the Republic of Turkey or helping them; does not engage in acts of financing activities within the scope of this paragraph or is not on national or international asset freeze sanction lists for combating money laundering and terrorist financing and undertakes that they will not engage in such activities or be subject to sanctions in the future.
- The User acknowledges that Cointral has the right to decide at its sole discretion in approving registration applications. Cointral is not obligated to explain any justification for its rejection of registration applications. Cointral reserves the right to retain information and documents received from the applicant to the extent necessary to identify future registration attempts of the applicant within the scope of registration applications it has refused.
- Without prejudice to clauses 3-4, Cointral may reject a User’s registration application mainly for the following reasons:
a- All or part of the registration information or documents provided to Cointral are false, misleading or incomplete;
b-The applicant for registration is under the age of 18 or is restricted and does not have the consent or capacity to act from a parent or guardian or legal representative;
c-The applicant for registration has been convicted for actions under Article 3.3 within the last 5 years;
d-The enrollee resides in a country or region where for any reason the Service is not available or where use of this Service is prohibited;
e-If Cointral, in its sole discretion, decides that the applicant is ineligible to use the Service.
6. In case of any change in the information and documents submitted during the registration application, the User accepts and undertakes to notify Cointral immediately from the relevant pages of Cointral Systems or, in the absence of such a page, via e-mail and other appropriate communication channels.
7. The user can cancel the registration by notifying Cointral by the method specified by Cointral.
Article 4 Management of User Account
- The User is responsible for setting up, administering and maintaining confidentiality for all passwords (including login password, API secrets, secret key, verification code, security code and any other passwords) and user IDs (login ID, account ID, API key and any other password) for Cointral Systems. The user accepts and undertakes not to use or lend them to third parties, not to share them with third parties, not to allow them to be modified by third parties or to sell them to third parties.
- User accepts and declares that Cointral has no liability for any damage that may arise due to inadequate management, misuse, leak, use by third parties, theft of password or user ID, or e-mail in which this information is associated or recorded, including where the User enters or does not enter his own user ID and password, address, password storage account.
- User will immediately notify Cointral and follow Cointral’s instructions when their password or user ID is stolen or used by third parties.
Article 5 Use of the Service
1. The User accepts and undertakes to carefully read the explanatory documents and information regarding risks presented on the Website while using the Service. The User accepts and declares that they use this Service at their own discretion and responsibility.
2. The User is solely responsible for the provision, preparation and maintenance of computers, mobile devices, software and other equipment, communication lines and other communication media that the User must have in order to use the Service.
3. The User is obliged to take all necessary security measures such as the prevention of computer virus infection, unauthorized access and information leakage for the use of the Service, and all damages that may arise from these issues are the sole responsibility of the User.
4. Crypto Asset purchase and sale transactions that the User will perform using the Service are made in accordance with the following provisions:
a- The Service provides a place to match the User wishing to sell Crypto Assets (hereinafter referred to as “Sellers”) to the User wishing to purchase Crypto Assets (hereinafter “Buyers”). Cointral may, at its sole discretion, become a party to the purchase or sale in accordance with the provisions of this article 5.4, if it deems necessary. Cointral makes no warranties or warranties of merchantability, performance, fitness for purpose and price volatility or stability for Crypto Asset trading between Users.
b- Sellers and Buyers may make transactions to buy and sell Crypto Assets in accordance with the principles and procedures determined at Cointral’s sole discretion. Crypto Asset buying and selling price is determined by matching the price offered by the Seller with the price offered to be accepted by the Buyer; The User accepts and declares that they are not responsible for determining, directing or adjusting the purchase or sale prices of Cointral Crypto Assets.
c- Sellers and Buyers can make price offers using Market Order and Limit Order.
d- When the price is matched, it is deemed that an agreement has been established between the Seller and the Buyer regarding the relevant Crypto Asset trading. The User accepts and declares that they cannot cancel a transaction after such a contract has been established.
5. Deposits of fiat or Crypto Assets in circulation to the user’s registered account and digital wallets in Cointral Systems or withdrawals from their accounts or wallets are made in accordance with the following provisions:
a- The User has the right to deposit fiat money or Crypto Assets in circulation to their account and wallets in Cointral Systems, in accordance with the procedures exclusively stipulated by Cointral and explained on the Website. Transaction limit, duration, method etc. declared by Cointral. Cointral is not responsible for the partial or complete failure of deposits and withdrawals that do not comply with the procedural rules, and for any damages that may arise as a result of these situations. Deposit of fiat or Crypto Assets are not considered complete at the time of instruction or completion of such transfer or other procedures by the User or third parties, such as but not limited to banks, Crypto Asset trading platforms or Crypto Asset issuers transferring fiat money or Crypto Asset on behalf of the User. It is considered complete when the fiat or Crypto Asset in circulation is accepted by Cointral after checking it. In addition, in the event that currencies, Crypto Assets, and other mediums of exchange (hereinafter referred to as “Non-Service Currency”) that Cointral does not list or accept, are deposited into the User’s account without Cointral’s prior consent, the User acknowledges and accepts that Cointral shall not be liable or assume any related liability for any damages incurred by any third party as a result of their sending, depositing, returning or other transactions. With the exception of the warrant to refuse the return or refund of an Out-of-Service Currency, Cointral shall be entitled to collect the corresponding fee for depositing the Out-of-Service Currency.
b- Cointral, at the User’s request, fulfills the requests for withdrawal of fiat money or Crypto Assets from the User’s account or wallet, in accordance with the method preferred by the User, among the options offered by Cointral at its sole discretion. The user shall determine at their own risk the recipient accounts or wallets to which the withdrawals will be made. Cointral shall not be liable for any loss or damage to the outstanding fiat or Crypto Asset subject to withdrawal, if the withdrawal of fiat money or Crypto Asset takes place in accordance with the User’s instructions.
c- Cointral reserves the right to set limits and methods to be determined at its sole discretion, such as, but not limited to, time limits and amount limitations for deposits and withdrawals. Cointral cannot be held responsible for any loss or damage suffered by the User due to deposits and withdrawals that violate these methods and limitations.
d- If a blockchain event such as but not limited to a hard fork, other changes to Crypto Asset specifications, or an air drop occurs, Cointral will decide on a case-by-case basis how to handle the situation. The User accepts and declares that even if Cointral does not take measures against the damages and losses of the User or third parties, the situation constitutes an activity carried out by third parties in the face of such situations, it is out of the scope of the Service and Cointral has no responsibility for these reasons.
6. The User accepts and declares that the Services will be provided with blockchain technology; therefore, the User is aware of the possibility that reasonable delays, retardations and other similar service level deficiencies may occur from time to time due to the unique characteristics of blockchain technologies and acknowledges and declares that Cointral will not be responsible for these.
Article 6 Service Fees
1. Within the scope of the use of this Service, the User accepts and undertakes to pay transaction fees or commissions for Crypto Asset trading and transfer and nominal withdrawals in circulation determined exclusively by Cointral. The User accepts and declares that Cointral has the exclusive right to unilaterally change the said fees from time to time, with a prior written notification to the e-mail address declared by the User.
2. The User accepts and undertakes to pay a penalty fee of 10% of the overdue amount to Cointral for each day of delay in addition to the original debt, in case the payments regulated in this article are not paid on time.
3. The User accepts and declares that Cointral may deduct any debts against the User and the unpaid fee, if any, without any notification, and that the debt owed to Cointral for the non-deductible portion will continue in case the User fails to pay any fee or other debt to Cointral in due time. Within the scope of the implementation of this clause, Cointral has the right to change the Crypto Asset or fiat currency assets in circulation in the User’s account or wallet on the Website to the Crypto Asset or circulating fiat currency at a reasonable rate.
4. The User accepts and declares that Cointral has the right to cancel or suspend orders for the withdrawal or transfer of Crypto Assets or nominal money in circulation, without prior notice, while exercising its rights and powers under this Article 6.
Article 7 Prohibited Circumstances
1. The User accepts and declares that Cointral has the right to restrict the use of the Service to the User, or to suspend or cancel the User’s registered account, without any prior notice, in case any of the conditions and conditions listed below occur, and that Cointral shall decide, in its sole discretion, the existence of the following terms and conditions.
i. Violation or risk of breach of these Terms.
ii. Submitting false or misleading information as part of the registration application.
iii. Acts that violate the Intellectual Property Rights of Cointral, the Cointral Systems or this Service (including actions that directly or indirectly cause or encourage such infringement).
iv. Acts that directly or indirectly violate the trade secrets of Cointral, Cointral affiliates, other entities affiliated with Cointral, and the privacy rights, dignity and personality rights, other rights, or privacy interests of this Service.
v. Forgery, fraud etc. activities, starting pyramid schemes or inviting others, selling or buying illegal or criminal goods or services, transferring or laundering the proceeds of crime, or using services based on it.
vi. Criminal acts or acts contrary to public order and morals.
vii. Bearing reasonable suspicion that all or part of the fiat money in circulation in the User’s account or Crypto Assets in his wallet are related to the proceeds of crime.
viii. Acts that violate laws or other legal regulations, rules of third-party Crypto Asset trading platforms or other channels that Cointral or the User is a member of.
ix. Any acts of market manipulation including but not limited to front-running, wash-trading, spoofing, layering, churning, quote stuffing on Cointral Systems or third party Crypto Asset trading platforms.
x. Acts of sending information, including computer viruses and other harmful computer programs or software, or destroying or blocking or unduly overloading systems, servers, networks or other functions managed by Cointral.
xi. Acts that disrupt systems, servers, networks managed by Cointral or this Service to cause software bugs, vulnerabilities, and other errors.
xii. Data transmission exceeding the data capacity set by Cointral.
xiii. Interference actions that may prevent Cointral from performing this Service.
xiv. The act of stealing the assets of the User, Cointral or Cointral affiliates by replay attack or other network attacks or techniques.
xv. Creation of multiple accounts by the same person.
xvi. Use of an account by more than one person or third parties.
xvii. Opening an account in someone else’s name (including hypothetical contacts)
xviii. Transfer and assignment of an account to third parties.
xix. Excluding the situations where prior written permission has been obtained from Cointral, acts of providing the same or similar services, such as, but not limited to, providing information obtained from this Service to a third party, or trading Crypto Asset, transferring Crypto Asset, or providing payment or pricing information for commercial purposes or to control your affiliates or third parties under your control.
xx. Acts that prevent market price actions or fair price formation in the stock market.
xxi. The act of depositing or accepting nominal money from a third party or bank or payment service accounts or cards on behalf of a third party other than the User himself, or paying money to a third party from the User’s account.
xxii. In cases of bankruptcy or insolvency, or in cases where the User makes an application to initiate bankruptcy, concordat or restructuring processes, or when confiscation, final or discretionary lien, temporary disposal, foreclosure or auction proceedings are applied to the User’s assets.
xxiii. If the User commits a tax offense, misdemeanor or any other violation due to taxes, duties and other public debts.
xxiv. User’s decease, custody, restriction
xxv. When the user shows an extremely bad attitude towards Cointral or Cointral employees by means of communication such as phone, fax, email, message or support chat.
xxvi. When requested by any judicial or administrative authority including but not limited to courts, Chief Public Prosecutor’s Office, Law Enforcement Forces, National Intelligence Organization, Financial Crimes Investigation Board, Capital Markets Board, Central Bank of the Republic of Turkey, Banking Regulation and Supervision Agency.
xxvii. When Cointral accidentally transfers fiat money or Crypto Assets to a User’s account to create unjust enrichment, and the amount that creates unjust enrichment is not returned by the User within the period unilaterally determined by Cointral.
xxviii. When the situations listed in Article 18 occur, and the User does not accept, undertake, or refuse to be bound by these amended Terms or the newly proposed agreement, or fails to fulfill its updated obligations, such as, but not limited to, the obligation to provide additional information and documents under the terms of this Service by the date determined by Cointral.
xxix. If this Service is not used for a longer period of time and Cointral’s efforts to communicate are not responded to.
2. In the event that the provision of the Service to the User is suspended or their registered account is canceled under the previous paragraph, or if Cointral, in its sole discretion, deems that the User’s Crypto Asset trading transactions or the transactions regarding the fiat money deposited or withdrawn are suspicious transactions, the User accepts and declares that Cointral may freeze the User’s Crypto Assets, fiat money or other assets in circulation, cancel unfulfilled Market Orders and Limit Price Orders and Crypto Asset or fiat withdrawals in circulation, and convert Crypto Assets into fiat money in circulation at a reasonable market price and transfer money in one of the bank accounts they used to deposit nominal money. Cointral reserves the right to retain information and documents received from the registration applicant to the extent necessary to identify future registration attempts of the canceled User.
3. The User accepts, declares and undertakes that in case of suspension of the provision of the Service to them or cancellation of their accounts within the scope of the first paragraph, the terms applicable to their debts to Cointral will cease to exist and that all debts to Cointral will be due immediately and that they will pay these debts immediately.
4. The User accepts and declares that the measures Cointral will take within the scope of this article will be used as a requirement of Cointral’s legitimate interests, primarily for purposes such as the security of the Service, the compliance of Cointral with legal regulations, and cooperation with judicial and administrative authorities and accordingly, Cointral is not liable for any damages or losses incurred due to the implementation of these measures.
Article 8 Suspension of Service
1. The User acknowledges and declares that Cointral has the right to suspend the use of the Service, in whole or in part, without prior notice to the User, if any of the following situations and conditions exist:
i. Periodic or urgent inspection or maintenance of service-related hardware, systems and software.
ii. Interruption of public communication lines or lines or other facilities that provide communication between Cointral Systems for reasons not caused by Cointral.
iii. When the service cannot be operated due to force majeure such as fire, power outage, natural disasters, war, political change, strikes, pandemics, changes in laws and regulations.
iv. Sudden changes or fluctuations in the conditions and prices of fiat or Crypto Asset in circulation
v. Attempts to hack or steal Crypto Assets in Cointral Systems
vi. Errors occur in Cointral Systems that prevent the provision of the Service.
vii. Investigation of cases such as unauthorized use of certain User accounts.
viii. Situations where Cointral deems investigation necessary pursuant to laws and other legal regulations, Cointral’s internal regulations or policies, or the internal regulations of other Crypto Asset trading organizations of which the User is a member.
ix. When the liquidity of Crypto Assets is significantly reduced or there is not enough inventory or variety of Crypto Assets.
x. In the event that Cointral decides not to list some or all Crypto Asset units or provide other related services as a result of blockchain decompositions, such as, but not limited to, hard forks.
xi. Requesting and ordering the suspension or termination of the Services for all or some of the users by courts, judicial or administrative authorities of the Republic of Turkey, such as but not limited to the Financial Crimes Investigation Board, the Central Bank of the Republic of Turkey, the Capital Markets Board, the Banking Regulation and Supervision Agency. (Suspending transactions within the scope of this paragraph; stopping the deposit and withdrawal of fiat or Crypto Assets, stopping the Market Order and Limit Price Orders and canceling the executed orders, the User’s or third parties’ current fiat or Crypto Assets by these administrative authorities or the courts. It will be interpreted broadly to include, but not limited to, the transfer of transactions with the specified methods and other related transactions.)
xii. If Cointral, in its sole discretion, determines that termination or suspension is necessary.
2. Cointral, in its sole discretion, reserves the right to temporarily suspend any transaction, including but not limited to depositing, withdrawing, placing and canceling orders upon determining or suspecting that suspicious transactions, login attempts, or other acts related to the use of the Service have occurred, in particular to ensure the security of Cointral Systems and the Service and related software and information systems.
3. The User accepts and declares that Cointral will not be liable for any damages or losses incurred by the User due to the measures taken by Cointral within the scope of this article.
Article 9 Right of Withdrawal
The User accepts and declares that the right of withdrawal cannot be exercised pursuant to subparagraph (a) of paragraph 1 of Article 15 of the Regulation on Distance Contracts regarding Crypto Assets to be purchased within the scope of the Service.
Article 10 Intellectual Property Rights
1. All financial, moral and commercial rights of the system and software of Cointral, including the images and designs, texts, logos, graphics, belong to Cointral. Cointral agrees to grant the User a non-exclusive and non-transferable right of use (simple license) on the Website limited to the term of the Agreement. This limited right of use granted to the user cannot be interpreted as limiting Cointral’s free use of all other rights, especially the right to license to others, against Cointral.
2. The user will only use the Website within the scope specified in these Terms and cannot lend this right, cannot offer or make it available, such as renting, for the benefit of third parties (person, institution, organization, company, etc.) in any way, paid or free of charge. In this context, it is strictly forbidden to copy, reproduce and/or use, distribute, transmit or process the information, content and/or data shared with the software used within the scope of the Service by the User beyond the benefit specified under this Agreement. In addition, it is strictly forbidden for the User to take actions that may threaten the security of the Website and/or harm the Website, Cointral and other users, take any action that may prevent the Website from working or other users from benefiting from the Website, place a disproportionate load on the system or the Website, accessing the source codes or systems of the Website in an unauthorized manner, copying, deleting, modifying this information or making attempts in this direction to produce these results, or to disrupt the operation of any software, hardware and servers, cause them to break down, reverse engineer, organize, engage or otherwise interfere with attacks, or try to access the Website or Cointral Systems servers. The User agrees that they will not compete with Cointral, the Website and the Service by the above-mentioned methods or otherwise, and will not support third parties acting for this purpose.
3. None of the elements contained in this article may be published in any other medium, in written, verbal and/or electronic form, except for the uses permitted under this Agreement, and/or access links to or from them without the approval of Cointral.
Article 11 Risks
The User declares that they understand and accept the following risks by using the Service and Cointral Systems.
i. Risk related to software vulnerabilities: Software and technology and technical concepts and theories related to Cointral Systems, their software and technology, smart contract systems and other blockchain and Crypto Assets are still in early development and unproven. There is no guarantee or assurance that the process of acquiring, using and owning any Crypto-Asset will be uninterrupted or error-free. In addition to the software, related technologies and theories, many other errors and damages, especially the complete loss of Crypto Asset or fiat money in circulation, or especially Crypto Asset or fiat money withdrawals, deposits and transfers, exchanges and purchases with Cointral or other Users. There is an inherent risk that it may contain weaknesses, vulnerabilities or program errors that could cause delays and slowdowns in services and functions offered through Cointral Systems.
ii. Regulatory risk: Cointral Systems enable new forms of communication and interaction. It is possible for certain countries or jurisdictions to implement existing regulations or introduce new regulations in this direction, which may cause significant changes on Crypto Asset or Cointral Systems technology, where applications based on blockchain technology may have a negative impact on existing system installations. Such arrangements may even result in the discontinuation or termination of Cointral Systems technology or the loss of any Crypto-Asset or any value that any Crypto-Asset may hold.
iii. Risk of interruption/failure: Any Crypto Asset allocation and development of any Crypto Asset technology may be interrupted due to a number of reasons, such as lack of industry, community and/or public interest, lack of funding, commercial success or lack of prospects. Accordingly, any Crypto Asset may not gain any functionality, even if the Cointral Systems technology is partially or fully developed and released.
iv. Theft and risk of Internet exploits: Core software, Cointral Systems technology, smart contract systems, other related software, other technology components and/or platforms may be subject to electronic or physical attacks that may result in the theft or loss of Crypto Assets or private data. Such circumstances will affect the ability of Cointral Systems technology to be developed, released or used. SMS/messages and email services are vulnerable to spoofing, phishing and other phishing attacks, so you should be careful when reviewing messages that appear to be sent from Cointral. If you have any doubts about the reliability of any communication or notification, you should always log in to your Cointral registered account at www.cointral.com to review the relevant transaction or required action. Such fraudulent attacks are carried out not only through SMS or e-mail or equivalent communication channels, but also through advertisements or other fraudulent links in search engines or search engines. Cointral does not accept any liability for Crypto Assets or other funds and assets, including fiat money in circulation, that are lost, stolen or otherwise damaged or lost as a result of fraud, phishing or other similar attacks.
v. Risk of blockchain mining attacks: Cointral Systems technology, as with other publicly available blockchain-based systems, may be vulnerable to various attacks including, but not limited to, double-spend attacks, majority mining power, selfish-mining attacks, and race condition attacks or other mining-related or non-mining attacks. Successful attacks pose a risk to the proper execution and sequencing of Cointral Systems technology, Crypto Asset transactions and software calculations.
vi. Risk of depreciation/extreme price volatility: The value of any Crypto Asset may experience excessive volatility and/or fall to zero. There may be additional costs associated with regulatory or other risks, and the value of the Crypto Assets may be severely reduced or reduced to zero if such cost is added to the value of the Crypto Assets for calculation purposes (regardless of the value you place on the Crypto Assets).
vii. General risk: Crypto Assets are under the responsibility of the User, to the extent permitted by law, and they are created and obtained on an “as is” and “in development” basis and without warranties of any kind, including but not limited to seizure protection, price stability or fluctuations, trading volume, profitability, merchantability or fitness for a particular purpose.
viii. Market and community risk: The User is aware of the risks associated with soft and hard forks and splits, including possible wide-ranging changes to Cointral Systems technology that may be implemented by Crypto Asset markets or communities.
• Tax risk: The tax consequences of the saving, purchase or exchange of Crypto Assets (in any way) and the exchange, holding, transfer, assignment or abandonment of any kind or other disposition of Crypto Assets and/or Any business or transaction related to Crypto Assets may have tax liabilities for the User; therefore, you should consult your own tax advisors about tax implications regarding Crypto Assets and Cointral Systems technology. To the extent permitted by law, by using the Service and/or acquiring, using, holding, selling or transferring Crypto Assets, the User accepts not to hold responsible any party, including Cointral, Cointral auditors, Cointral subcontractors, Cointral consultants, Cointral employees, or Cointral’s founders and directors for any tax liabilities whose risk is expressed under this paragraph.
Article 12 Disclaimer
1. Cointral makes no warranties regarding the trading of crypto assets, other crypto-asset-related services and the value, function, stability, volatility, commercial viability, performance, fitness for purpose, trading volume, liquidity and use of crypto-assets or assumes no liability, including liability for defects. Moreover, even if the User obtains information from Cointral directly or indirectly about this service or any other user, Cointral has no liability to any user beyond what is stated in these Terms.
2. Cointral only provides a place for the user and other users to place market orders and limit price orders of crypto assets within the scope of the Service and is not obliged to create or execute an order for the User. Therefore, Cointral shall not be liable for any damages or losses if the User’s order is not fulfilled due to user’s data entry error or error in another operation or there are termination, cancellation or other reasons that prevent the establishment or validity of the trading contract between the users due to malfunction, operational, natural disaster, cyber-attack or any other reason in the communication equipment or system equipment of Cointral or a third party. Cointral bears no responsibility if Cointral suspends or restricts all or part of the service under these terms or the User’s trading orders become invalid or undesirable results occur or results are not promising or the User’s orders are matched or executed, or undesired orders are entered or the User or a third party is harmed. In addition, the User is aware and accepts from the outset that there is a possibility of a transaction result that was not designed by the User depending on the conditions such as the type of order, the market situation, and Cointral is not responsible for any damage or loss on the User or third parties due to the transactions and such results.
3. The User is obliged to investigate whether the use of this Service violates the applicable laws for the User, the internal rules of other Crypto Asset trading platforms and whether the use of this Service creates tax liabilities for the User in accordance with their own obligations and expenses. Cointral does not warrant that the User’s use of this Service complies with laws, regulations, court orders, administrative policies applicable to the User, or internal regulations of other Crypto Asset trading institutions and shall not be liable for the User’s damages resulting from tax liabilities, tax interest payments or penalties, or non-monetary sanctions imposed for non-compliance with applicable laws, including but not limited to tax laws.
4. Transactions, communications, disputes etc. between the User and other User or third parties regarding the Service or Website will be resolved under the User’s responsibility and Cointral has no liability for such matters.
5. The User uses these Services and the Website at their own risk. Cointral does not guarantee the suitability or compatibility of the Cointral Systems, the Website and the Service with the User’s computer hardware and environment, and Cointral cannot be held responsible for the damages and losses of the User caused by errors, bugs, problems, design, interface, connection errors, virus infection, network disconnection, power outages and voltage fluctuations in the User’s hardware, software, information systems, online access point and network.
6. The user acknowledges that Cointral does not guarantee that there will be no viruses, worms or other attacks and unauthorized access to the Website or that no information will be transferred to or from the Website.
7. Cointral may limit, stop, cancel, close, render inaccessible, change the User’s activities, the Service, or the User’s registered account within the scope of the Service, as it wishes, in accordance with these Terms, laws and other legal regulations, court orders or administrative proceedings or for security reasons, may stop and cancel Market Orders and Limit Price Orders that have been entered or executed, or prevent or investigate abnormal or illegal transactions. Cointral shall be liable for any damage or loss suffered by the User, in case the User makes a payment in fiat money or Crypto Asset in circulation to the recipients specified as a result of such activities or as a result of a court or judicial or administrative authority decision pursuant to Article 8/1(xi) of these Terms. The User accepts and declares that Cointral is not responsible for such losses and damages, even if it is in the form of deprivation of their fiat money or Crypto Asset assets.
8. Even if a link is provided from the Website to another website or from another website to the Website, Cointral is not responsible for any promotion, advertisement, instructions, guide or other content published on a website other than the Website, or for information obtained therefrom.
9. If Cointral, in its sole discretion, reasonably determines that a price displayed is of an erroneous or abnormal value, is based on unfair price information for any reason, or deviates substantially from the usual market price, can cancel the purchase or sale if the price quoted in an order and the User’s price based on that price. The User accepts and declares that Cointral is not responsible for compensating the direct or indirect damages or losses suffered by the User within the scope of this article.
10. Cointral cannot be held responsible for the loss or damage of the User or third parties, exposure to third parties theft or fraud, such as theft or unauthorized access to the User’s Crypto Asset wallets or access information, cyber-attacks on Cointral’s associated banking or other payment service systems or networks, or Cointral’s own network and information systems, regardless of Cointral’s efforts and care in providing facility, hardware, software, network or cyber security.
11. Cointral has no liability for compensation, business model change or reduction of damages, or any other matter, in case the User is harmed due to future acceptance or change of laws, Presidential decrees, statutes, regulations, annunciations, circulars, directives, guidelines and other legal and administrative acts (hereinafter referred to as “Laws and Regulations”) regarding Crypto Assets and other virtual assets, whether or not they have retroactive effect.
12. The User accepts and declares that the trading transactions provided by the Service for Crypto Assets are inherently risky transactions and that they are aware of such risks and that they will not hold Cointral responsible for price changes, fluctuations and other related features of Crypto Asset trading, or for losses, damages or profits incurred due to Crypto Asset trading.
13. The User acknowledges that it may not be technically possible for Cointral to monitor the past and future flow of Crypto Assets purchased and sold through the Service; Therefore, they accept and declare that Cointral cannot be held responsible for any misuse of Crypto Assets traded by the User, such as but not limited to criminal or illegal use, and for any damages or losses incurred by the User or third parties due to this.
14. These Terms or the Service shall not be construed as consulting or investment advice provided to the User or any other party. Content on the Website, such as but not limited to periodicals, notes, guides, tips and tricks, question and answer pages, blogs, community posts, data, analysis, statistics, reports, news will not be construed as advice for trading strategies for certain Crypto Assets, fiat or others assets.
15. The User agrees and undertakes to indemnify Cointral for all losses and damages resulting from investigation, trial, penalty or sanction, including but not limited to penalty amount, litigation expenses, interest payments and indirect damages, in the event that Cointral is subject to administrative investigations, proceedings, penalties, sanctions or any similar situation due to transactions made by the User.
16. Cointral is an entity independent of other Crypto Asset and virtual asset trading platforms or issuers or the like; The User agrees and declares that Cointral cannot be held responsible for any damage or loss of themselves or third parties caused by such third parties.
17. Within the scope of this article, the provisions in the above paragraphs will not be applied if Cointral’s gross negligence or intent is in the act that caused the damage. Even in this case, Cointral cannot be held liable for any damages arising from special circumstances other than the damages incurred.
Article 13 Confidentiality
1. Within the framework of these Terms, “Confidential Information” means any information disclosed by Cointral in the form of written, oral or recorded media or related to technology, sales, operations, finance, organization and other similar issues regarding these Terms or the Service provided. However, this information; (1) when there is information publicly provided or disclosed by Cointral or already publicly known, (2) when it becomes publicly available through public publications or other means for which no liability can be attributed to the User after it has been provided or disclosed by Cointral, (3) or duly obtained from a third party authorized to disclose, (4) produced independently of Confidential Information, (5) when it is notified in writing by Cointral that it does not need to be confidential, it is not considered Confidential Information.
2. The User may only use Confidential Information for the use of this Service and cannot share Cointral’s Confidential Information with third parties without the written consent of Cointral.
3. Subject to the provisions of the second paragraph, the User may disclose the information requested by the court or judicial or administrative authorities with an order or that they are required to share in accordance with applicable law. However, in such a case, the User shall immediately notify Cointral of the matter.
4. The User shall promptly return or destroy any written or otherwise recorded material containing Confidential Information when requested by Cointral.
5. This clause shall remain in effect after the termination of the Agreement for any reason.
Article 14 Change of Conditions
The User acknowledges and is aware that Cointral has the right to change these Terms (including the rules and regulations regarding the Service published on Cointral’s website) at its sole discretion, without prior notice to the User. When Cointral changes these Terms, posting the changes on Cointral’s Website, the changes are deemed to have been notified. Changes will also be communicated via communication channels such as e-mail and SMS declared by the User. If the User continues to use the Service and Website after notification of the changes, the User shall be deemed to have accepted the changes made to these Terms.
Article 15 Transfer of Conditions
1. The User cannot transfer or assign their rights or obligations under these Terms to third parties without the prior written consent of Cointral.
2. The User hereby consents in advance to the transfer or assignment of the rights and obligations set forth in these Terms by Cointral to third parties.
Article 16 Severability
If any clause or part of these Terms is held to be null and void pursuant to law or other regulation, or by the decision of a court or administrative authority etc., the remaining provisions or portion of these Terms will continue to be in effect or remain in full force and effect; and Cointral and the User agree and undertake to amend the null and void provision or part in such a way that it will be in force legally and economically and will be created equivalent to the previous version.
Article 17 Applicable Law and Jurisdiction
1. These Conditions are subject to Turkish law. Istanbul Çağlayan Courts and enforcement offices are exclusively authorized in any dispute that may arise from or related to the Conditions.
2. Cointral and the User will promptly resolve, in good faith consultation, any matter not specified in these Terms or any issue arising as a result of interpretation of these Terms.
3. The parties accept, declare and undertake that the databases, logs and records, Internet pages, all kinds of electronic files and documents, commercial records, commercial books, invoices, receipts stored on Cointral’s servers are valid, exclusive, definitive and binding evidence within the scope of Article 193 of the Code of Civil Procedure No. 6100, and that this provision constitutes an evidential contract within the scope of the same article.
Article 18 Possible Legislative Changes
The User accepts and is aware of Cointral’s right to change all or part of these Terms, to enter into a new contract with the User, to request new information and documents from the User or to impose additional obligations, to stop the Limit Price Order and Market Order orders of depositing and withdrawing fiat or Crypto Assets in circulation, and that Cointral has the right to suspend or terminate the services provided to the User, including but not limited to cancellation of orders, closing of open orders due to any new Laws and Regulations, judicial or administrative decisions or policies that may be adopted or amended, regardless of their retrospective effect, having an effect on Cointral in the future, including but not limited to the obligation to obtain an operating permit from the Central Bank of the Republic of Turkey, the Capital Markets Board, the Banking Regulation and Supervision Agency or any existing or future judicial or administrative authority and courts.