USER AGREEMENT
1. PARTIES
This User Agreement shall be valid between the User who registers on or in any way utilizes the Services offered through the Platform, and Fintech Investment Ltd. (“Miracle Cash&More”). Accessing the Platform or using any service provided through the Platform means you agree to the terms below.
The definitions listed below shall have the following meanings within the scope of this User Agreement:
| DEFINITIONS | |
|---|---|
|
AML Processes |
Processes carried out to combat financial crimes, including money laundering, financing of terrorism, and other financial offenses. |
|
Service/Services |
The services offered to the User through the Platform, including brokerage services for buying and selling Crypto Assets and the technical infrastructure services provided to ensure the secure execution of these transactions |
|
Crypto Asset |
Intangible assets that are created virtually using blockchain technology or similar technology, distributed over digital networks but not considered legal tender, book money, electronic money, payment instruments, securities, or other capital market instruments |
|
Crypto Asset Service Provider |
Platforms that electronically facilitate the buying and selling of crypto assets. |
|
User |
Persons who access the Platform and/or benefit from the Services |
|
User Account |
The account that the User must create to benefit from the Services offered through the Platform, which can only be accessed by the User with a username and password. |
|
KYC Procedures |
The processes carried out by Miracle Cash&More for verifying the identity of the User. |
|
Materials |
Any materials subject to intellectual property rights on the Platform, including the brand/logo/name of Miracle Cash&More |
|
Legislation |
All legal regulations that may be applicable during the provision of Services by Crypto Asset Service Providers |
|
Miracle Cash&More
|
Miracle Cash&More
|
|
Platform |
The website and mobile application where the Services are provided, all rights of which belong to Miracle Cash&More |
|
Agreement |
The collective name given to all articles of this Agreement |
|
Suspicious Transaction |
Transactions conducted by the User on the Platform, which are deemed to constitute a financial crime or are considered risky by Miracle Cash&More under AML Policies or Legislation. |
The subject of this Agreement is to determine the Services, the conditions for benefiting from the Services, and the rights and obligations of the Parties. By accepting the provisions of this Agreement, the User is also deemed to have accepted all regulations disclosed or to be disclosed by Miracle Cash&More regarding usage, membership, and Services within the Platform. The User agrees, declares, and undertakes to comply with the mentioned regulations
4. TERMS OF SERVICE USE
4.1. The User acknowledges and declares that in order to use the Platform, they must have a compatible mobile device with adequate hardware and software specifications, connected to the internet, and that these criteria may change with technological advancements.
4.2. To benefit from the Services, the User must create a User Account on the Platform and approve this Agreement. Additionally, SMS communication must be enabled for the User to use the Platform.
4.3. No fee will be requested from the User during the creation of the Platform User Account. The User acknowledges and declares that they are solely responsible for any communication expenses incurred during the use of the mobile application and that neither the Company nor Miracle Cash&More will be responsible for these fees.
4.4. The process of creating a User Account is completed when the User creates an account using their mobile phone number and name-surname information through the mobile application, and the registration process is verified by the activation code sent to the User’s mobile phone.
4.5. The User acknowledges and declares that they will only use the activation code received on their mobile phone during the creation of the Platform User Account, and that they are solely responsible for the security of the activation code.
4.6. If the User changes the mobile phone number provided during membership and opens another account with a new phone number, it will be possible for the User to access the old account by completing identity verification methods determined by Miracle Cash&More. If the User fails to complete the specified identity verification process, it will be entirely their responsibility if they cannot access their old account.
4.7. Miracle Cash&More reserves the right to change the Services at any time.
5. TERMS OF USE AND OBLIGATIONS
5.1. The User is obliged to provide complete and accurate information requested during membership and use of the Platform and keep it up-to-date. Miracle Cash&More reserves the right to request information and documents from the User within the scope of AML Processes and KYC Processes established based on the mandatory provisions of the Legislation. The User acknowledges and declares that all responsibilities arising from the provision of incomplete or incorrect information shared within this scope shall belong solely to them.
5.2. The User agrees and undertakes to use the Services and third-party services in accordance with the Agreement, third-party agreements, terms of use, and the Legislation, and will not use the Platform and Services for any purpose other than intended.
5.3. The User acknowledges, declares, and undertakes that they must reside in the Turkish Republic of Northern Cyprus and be over the age of 18 to use the Platform, and that they will accurately state their date of birth when sharing it with Miracle Cash&More.
5.4. The User acknowledges and declares that they may only create one User Account and that the User Account created within this scope will be used solely by them. The User is solely responsible for the security of the username and password information associated with the User Account, and all transactions conducted through the User Account will be considered as conducted by the User. The User agrees that if they suspect that the passwords associated with the User Account have been accessed by third parties or if there are any security issues related to the account, they are obliged to inform Miracle Cash&More immediately.
5.5. The User acknowledges and undertakes that the User Account cannot be transferred to third parties under any circumstances and cannot be used by others.
5.6. The User acknowledges and declares that they are solely responsible for the security and use of the mobile device and/or operating system where the Platform is installed, and that Miracle Cash&More will not be liable for any financial, monetary, material, or moral damages that may arise due to these or related reasons.
5.7. The User agrees and undertakes to comply with the provisions of the Agreement and the Legislation and with the usage rules and policies that will be published by Miracle Cash&More on the Platform while benefiting from the Services. The legal and criminal responsibility for every action and transaction performed by the User in accordance with the Legislation while using the Services and the Platform shall belong solely to the User. For the avoidance of doubt, the User will be responsible for all damages and losses that may arise in their or third parties’ presence due to the buying and selling of Crypto Assets in violation of the Legislation, the Agreement, or the usage rules published by Miracle Cash&More. In this respect, Miracle Cash&More shall not be held liable.
5.8. The User acknowledges and declares that the Platform is a service platform enabling the buying and selling of Crypto Assets and that Miracle Cash&More is not a party to the Crypto Asset buying and selling transactions conducted by the User.
5.9. Creating a User Account is not sufficient for benefiting from the Services; the completion of KYC Processes and AML Processes, as requested by Miracle Cash&More, is mandatory for using the Services. For the avoidance of doubt, even if the User fulfills these obligations once, it should not be interpreted as Miracle Cash&More being unable to request additional information and documents in the future. Miracle Cash&More reserves the right to ask the User to complete additional processes and provide new and updated information or documents at any time, in accordance with its practices, policies, or the obligations under the Legislation. If the User does not comply with these processes, Miracle Cash&More may suspend, close the User Account, or discontinue the Services.
5.10. The User acknowledges and undertakes that the prices of Crypto Assets may vary according to the market, and the prices of Crypto Assets bought and sold through the Platform are determined by the buyers and sellers. The User agrees that they will not make any claims against Miracle Cash&More due to price fluctuations or if prices do not follow their expectations and accepts that Miracle Cash&More has no obligations other than those explicitly stipulated by the Legislation.
5.11. Funds deposited into the User Account must be transferred from a bank account registered under the User’s name as linked to the User Account. Otherwise, such transfers will not be accepted and will be refunded. Miracle Cash&More has the unilateral right to make changes to the rules regarding deposits and withdrawals. Miracle Cash&More is not liable for any damages or losses that may arise as a result of failure to comply with the rules on deposits and withdrawals.
5.12. Miracle Cash&More may impose limits on the amounts and transaction counts for Crypto Asset purchases, sales, deposits, and withdrawals that can be conducted with the User Account, and the User will not be able to perform transactions beyond these specified limits. The rules regarding these limitations may be published on the Platform and updated unilaterally by Miracle Cash&More.
5.13. Miracle Cash&More reserves the right to unilaterally cancel any transactions that have been executed incorrectly or with delays due to technical errors that may occur on the Platform during the provision of the Services. In this context, the User shall not make any claims against Miracle Cash&More.
5.14. It is not possible to withdraw from or reverse Crypto Asset purchase and sale transactions conducted through the Platform, nor can the fees collected in connection with these transactions be refunded. The User cannot claim that any transaction was conducted incorrectly and will be solely responsible for the transactions they carry out in accordance with the explanations published on the Platform.
5.15. If it is determined that the User has conducted any Suspicious Transaction, Miracle Cash&More will report this situation to the relevant authorities and may suspend the User Account, unilaterally terminate this Agreement, and discontinue the Services. In the event of the situations mentioned in this article, Miracle Cash&More reserves the right to refuse any funds transferred by the User and to return them without acceptance.
5.16. The User shall be solely responsible for all legal, administrative, and criminal liabilities arising from Suspicious Transactions. The User agrees, declares, and undertakes to indemnify Miracle Cash&More for all damages that may be caused to it due to Suspicious Transactions.
5.17. The User is solely responsible for any legal liabilities and tax obligations that may arise from the use of the Services and the acquisition of Crypto Assets. In this context, Miracle Cash&More cannot be held liable in any way. The User is obligated to fully comply with these responsibilities and obligations..
5.18. The Crypto Assets purchased and the balance deposited by the User will be stored in the User Account with the necessary technical and administrative measures taken. Miracle Cash&More shall not be held liable for any damages that may occur to the User as a result of actions carried out by third parties without any fault on the part of Miracle Cash&More, despite the measures taken. The User has assumed this risk and will not make any claims against Miracle Cash&More for damages occurring under these circumstances.
5.19. Miracle Cash&More shall not be liable for Crypto Asset purchase and sale transactions conducted by the User outside the Platform, or for any damages arising or that may arise from such transactions.
5.20. Miracle Cash&More’s liability for transactions performed by the User through the Platform is limited to providing the Services for the transfer of Crypto Assets. Miracle Cash&More does not guarantee that the use of the Platform will be uninterrupted and error-free. Miracle Cash&More does not commit to ensuring that the Services and the Platform will be continuously available, but will take necessary precautions in this regard. The User acknowledges that access to the Platform may be restricted at various times due to planned or emergency work.
5.21. The accuracy of the information shared by Miracle Cash&More through the Platform is not guaranteed. Such information may be contradictory or inconsistent, and Miracle Cash&More shall not be held liable for any such situation. Miracle Cash&More makes no guarantees or representations regarding the availability, performance, suitability for a particular purpose, profitability, etc., of the Services. The Services and content on the Platform are provided to the User as is. In this context, no information shared on the Platform constitutes investment advice.
5.22. For the User to use the Platform more effectively or easily, or to use another smartphone application, it may be necessary for the User to use another application, software, or hardware that the Platform is integrated with. In such cases, Miracle Cash&More shall have no responsibility regarding any legal relationships the User may enter into with the rightful owners of the other applications, software, or hardware, whether online, electronically, or in person.
5.23. The amounts loaded into the User Account and the purchased Crypto Assets shall belong to the User. The closure of the User Account or the restriction of the User’s access to the Platform shall not result in the transfer of this ownership right. In such a case, the User agrees to promptly contact Miracle Cash&More through the channels announced on the Platform. Miracle Cash&More may share the User’s information with official institutions and organizations in accordance with their legal requests, and may unilaterally implement measures and blocks instructed by these institutions regarding the User, the User Account, or the Crypto Assets available in the User Account.
5.24. Miracle Cash&More shall have the right to unilaterally terminate the Agreement and suspend or close the User Account without any notice in the event of a breach of obligations under this Agreement and applicable legislation by the User.
5.25. Miracle Cash&More shall not be held liable for any damages and/or losses arising from the User’s fault.
6. FEES
6.1. The fees that the User is obliged to pay to Miracle Cash&More for the use of the Platform and Services will be published on the Platform. Miracle Cash&More has the right to charge service fees for trading transactions as well as for deposit and withdrawal transactions.
6.2. By using the Platform and/or accepting this Agreement, the User agrees to pay the aforementioned fees.
6.3. The User accepts that the fees published on the Platform may be unilaterally updated by Miracle Cash&More, and such updates will be valid and applicable from the date they are published on the Platform.
7. DURATION AND EXPIRATION
7.1. This Agreement shall come into effect upon the User’s use of the Platform and/or acceptance of the Agreement and shall remain in force without any time limit.
7.2. Miracle Cash&More or the User may unilaterally terminate the Agreement at any time. In the event that the Agreement is terminated by Miracle Cash&More due to applicable legislation or voluntarily by the User, the User’s access to the User Account, the Platform, and the Services will be immediately terminated, and Miracle Cash&More shall not be responsible for any damages that may arise in this context. The User accepts this in advance.
7.3. Upon termination of this Agreement, the amounts in TL in the User Account will be sent to the last used bank account of the User, and the Crypto Assets will be sent to the Crypto Asset address shared by the User.
8. MIRACLE POLICIES
Miracle Cash&More may publish various policies and procedures regarding the use of the Platform and may update them in accordance with changes in legislation and/or at its discretion. The User is obligated to act in accordance with the procedures required by legislation or policies, including but not limited to KYC Processes and AML Processes, during the provision of the Services. The User cannot object to the assertion that these policies limit the rights under the Agreement and, by approving this Agreement and using the Platform, accepts in advance to comply with any policies that may be published on the Platform in the future.
9. INTELLECTUAL PROPERTY RIGHTS
Miracle Cash&More is the owner or licensee of the materials and their intellectual and industrial property rights, and these materials are protected by law. No material on the Platform may be altered, copied, reproduced, translated into another language, republished, uploaded to another computer, posted, transmitted, presented, or distributed without prior permission and proper attribution, including code and software. The whole or any part of the Platform may not be used unlawfully in another medium. All intellectual and industrial rights not expressly stated herein and the opportunities granted to Miracle Cash&More under these rights are reserved.
- CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
10.1. The information shared by the User with Miracle Cash&More during the membership to the Platform or while benefiting from the Services will not be used for any purpose outside of its activities or shared with third parties. Such information will be kept confidential by Miracle Cash&More.
10.2. Personal data belonging to the User is collected in electronic environments and will be processed by Miracle Cash&More in accordance with the Personal Data Protection Law of the Turkish Republic of Northern Cyprus numbered 89/2007 and other relevant legislation.
10.3. The User declares that, in situations where Miracle Cash&More is obliged to disclose information to official authorities in accordance with applicable mandatory legal provisions, it will be authorized to disclose the confidential/sensitive information shared with them to these official authorities if requested in due form. Therefore, the User acknowledges that no compensation can be claimed from Miracle Cash&More under any name for this reason.
11. OTHER PROVISIONS
11.1. CHANGES TO THE AGREEMENT
Miracle Cash&More may change this Agreement at any time it deems appropriate by announcing it on the Platform. The amended provisions of this Agreement will take effect on the date they are announced, while the remaining provisions will continue to be in force and produce their effects.
11.2.MÜCBİR SEBEP
In all situations legally considered as force majeure, Miracle Cash&More shall not be held responsible for late or incomplete performance of any of the obligations set forth in this Agreement or for failure to perform them. The term “force majeure” shall be interpreted as events beyond the reasonable control of the related party, including but not limited to natural disasters, riots, wars, strikes, epidemics, communication issues, infrastructure and internet failures, system improvement or renovation works and any faults that may arise due to these, power outages, and adverse weather conditions. If the state of force majeure lasts for more than one (1) month, and if the parties are unable to fulfill any of their contractual obligations in full and/or properly due to this, Miracle Cash&More may terminate this Agreement without any notice or prior notification.
11.3.DELİL
In the event of disputes arising from this Agreement, the parties agree, declare, and undertake that the records and accounts of Miracle Cash&More, computer records, electronic and system records kept in its database and servers, commercial records, fax messages, instant messaging application correspondences, emails, social media correspondences shall constitute valid, binding, conclusive, and exclusive evidence and that they shall be considered as definitive evidence agreements
11.4. NOTIFICATIONS
Miracle Cash&More will communicate with the User through the contact information provided by the User during registration. The User is responsible for keeping their contact information up to date; otherwise, Miracle Cash&More shall not be responsible for any loss of rights that may occur.
11.5. SEVERABILITY
If any provision of this Agreement becomes wholly or partially invalid or unenforceable, the other provisions of the Agreement shall remain in full force and effect.
11.6. GOVERNING LAW AND JURISDICTION
This Agreement shall be interpreted according to the laws of the Turkish Republic of Northern Cyprus. Any disputes arising from the implementation of this Agreement shall be resolved by the Courts and Enforcement Offices of the Turkish Republic of Northern Cyprus.
11.7. EFFECTIVENESS
This Agreement consists of eleven (11) articles and shall come into effect at the moment it is electronically approved by the User.