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. |
4.1. The User accepts and declares that in order to use the Platform, a compatible and internet-connected mobile device with sufficient hardware and software features is necessary and that these criteria may change with the technological developments.
4.2. In order to benefit from the Services, the User must create a User Account and approve this T&C. In addition, SMS communication of the User’s mobile device must be accessible in order for the User to use the Platform.
4.3. No fees will be charged to the User during the creation of the User Account. The User accepts and declares that he/she is personally responsible for all kinds of communication and communication expenses incurred during the use of the mobile application and that the Miracle Cash&More will not be responsible for these fees.
4.4. The process of creating a User Account is completed by the User creating an account using the mobile phone and verifying the registration process by the Platform with the activation code sent to the User’s mobile phone.
4.5. The User accepts and declares that he/she will use only his/her own activation code received on his/her mobile phone number that he/she has shared with the Platform during the formation of the User Account and that he/she is personally responsible for the security of the activation code.
4.6. The User may not access his/her User Account if he/she changes the mobile phone number which he/she shared with the Miracle Cash&More while becoming a member of the Platform. The User will be able to access his/her User Account with the authentication methods to be determined by Miracle Cash&More. In the event that the User cannot complete the specified authentication process, it is the sole responsibility of the User if he/she cannot access his / her User Account.
4.7. Miracle Cash&More reserves the right to make changes to the Services at any time.
5. TERMS OF USE AND OBLIGATIONS
5.1. The User is obliged to enter and keep up to date the information requested when subscribing to and using the Platform. Miracle Cash&More has the right to request additional information and documents from the User within the scope of AML Policies and KYC Procedures. The User accepts and declares that all kinds of responsibility arising from the incompleteness or inaccuracy of the information shared within this scope belong exclusively to the User.
5.2. The User accepts and undertakes that while using the Services and third-party services, the User will act in accordance with the T&C, third-party T&Cs, Legislation and will not use the Platform and Services in violation of these rules.
5.3. The User accepts, declares and undertakes that in order to use the site, the User must be over 18 years of age, and that will accurately declare the date of birth to be shared with Miracle Cash&More in this regard.
5.4. The User accepts, declares and undertakes that the User Account will be used only by the relevant User. The User is solely responsible for the security of the username and password information of the User Account and all transactions to be carried out through the User Account shall be deemed to be performed by the User. The User agrees to inform Miracle Cash&More without undue delay in the event of a seizure of passwords to the User Account or any security problem with the Account.
5.5. The User accepts and undertakes that the User Account cannot be transferred to third parties under any circumstances and cannot be used by any third-party.
5.6. The User accepts and declares that the User is solely responsible for the security and use of the mobile device and/or operating system on which the Platform is installed and that Miracle Cash&More is not responsible for any financial, financial, material, moral etc. damages that may arise due to this and / or related reasons.
5.7. The User accepts and undertakes to comply with the obligations stated in the T&C, Legislation, and other rules and policies to be published by Miracle Cash&More on the Platform while using the Services. Legal and criminal responsibility for each transaction and action performed by the User within the scope of the use of the Services and the Platform in accordance with the Legislation belongs exclusively to the User. The User shall be liable for all losses that may arise against the User or third party as a result of the purchase and sale of Crypto Assets in violation of the Legislation, the T&C or the rules of use published by Miracle Cash&More. Miracle Cash&More shall not be held responsible in this context.
5.8. The User acknowledges and agrees that the Platform is a service platform that allows the trading of Crypto Assets and that Miracle Cash&More is not a party to the Crypto Asset trading transactions to be carried out by the User.
5.9. The creation of a User Account is not sufficient for the User to benefit from the Services, but the completion of the KYC Procedures and AML Policies to be requested by Miracle Cash&More is essential for the use of the Services. Additional information and documents may be requested by Miracle Cash&More in the future, and Miracle Cash&More may request the User to complete additional processes. In case of non-compliance with such processes by the User, Miracle Cash&More may suspend or terminate the User Account.
5.10. The User declares and undertakes that sale and purchase prices of Crypto Assets may vary according to the market and that the prices of Crypto Assets traded through the Platform are determined by buyers and sellers. The User agrees that he/she cannot make any claims against Miracle Cash&More due to the change of the Miracle Cash&More or its failure to proceed as stipulated, and that Miracle Cash&More has no liability other than as expressly stipulated in the Legislation.
5.11. Intermediate deposits to the User Account must be made from bank account/wallet belonging to the User. Otherwise, such transfers will not be accepted and will be refunded. Miracle Cash&More unilaterally reserves the right to make changes to the deposit and withdrawal rules. Miracle Cash&More is not liable for any damages or losses that may arise or may arise as a result of non-compliance with the rules governing interim deposits and withdrawals.
5.12. Miracle Cash&More may limit Crypto Asset trading and deposit-withdrawal limits with amounts and the number of transactions, and the User will not be able to complete transactions outside the specified limits. The rules regarding these limitations may be published separately on the Platform and may be unilaterally updated by Miracle Cash&More.
5.13. Miracle Cash&More may unilaterally cancel transactions that are carried out in error/delay as a result of technical errors that may occur on the Platform during the provision of the Services. In this context, the User will not make any claims for Miracle Cash&More.
5.14. It is not possible to withdraw from Crypto Asset purchase and sale transactions carried out through the Platform and/or to reverse the transaction in question, and the refund of the fees collected within the scope of these transactions cannot be requested. The User shall not claim to have performed any transaction in error and shall be personally responsible for the transactions to be carried out in accordance with the explanations published on the Platform.
5.15. If it is determined that any Suspicious Transaction has been committed by the User, Miracle Cash&More will notify the relevant authorities and organizations and may suspend the User Account, unilaterally terminate this T&C and stop the Services. Miracle Cash&More reserves the right to refund the money transfers made by the User in the event of the occurrence of the situations mentioned in this clause.
5.16. All legal, administrative and criminal responsibility for suspicious transactions belongs to the User. The User accepts, declares and undertakes to indemnify Miracle Cash&More for all damages that may be caused by Miracle Cash&More due to Suspicious Transactions.
5.17. The User is personally responsible for any legal and tax liabilities that may arise in connection with the use of the Services and the acquisition of Crypto Assets, and Miracle Cash&More cannot be held responsible in any way. The User is obliged to fulfill the aforementioned responsibilities and obligations completely.
5.18. The Crypto Assets purchased by the User and the balance loaded will be kept in the User Account by taking the necessary technical and administrative measures. Despite the measures taken by Miracle Cash&More, Miracle Cash&More shall not be held responsible for any damages that may occur on the part of the User as a result of actions that may be caused by third parties without any fault. The User assumes this risk and will not make any claims against Miracle Cash&More for any damages incurred in this case.
5.19. Miracle Cash&More shall not be liable for any Crypto Asset trading transactions carried out by the User outside the Platform and for any damages arising out of or to be incurred from such transactions.
5.20. Miracle Cash&More’s liability for transactions carried out by the User through the Platform is limited to providing the Services for the transfer of Crypto Assets. Miracle Cash&More does not warrant that the use of the Platform is uninterrupted and error-free. Miracle Cash&More does not guarantee the uninterrupted use of the Services and the Platform and will take the necessary measures in this context. The User agrees that access to the Platform may be blocked from time to time due to planned or urgent maintenance operations.
5.21. The accuracy of the information to be shared by Miracle Cash&More through the Platform is not guaranteed. The information in question may be contradictory or inconsistent, and Miracle Cash&More will not be responsible for such a situation under any circumstances. Miracle Cash&More makes no warranties or promises of results as to the availability, performance, sufficiency for a particular purpose, profitability, etc. of the Services. The Services and the contents on the Platform are presented to the User as is. In this context, any information shared on the Platform does not constitute investment advice.
5.22. In order for the Platform to be used more effectively or easily by the User or for the use of another smartphone application, it may be necessary for the User to use another application, software or hardware with which the Platform is integrated. In such cases, Miracle Cash&More shall not have any responsibility for the legal relations that the User may enter into with the persons or institutions that are entitled to the application, software or equipment online, electronically or de facto.
5.23. The funds transferred to the User Account and the purchased Crypto Assets will be the property of the User. Closing the User Account or blocking the User’s access to the Platform shall not give rise to the transfer of such property rights. In such event, the User agrees to contact Miracle Cash&More through the channels announced through the Platform without undue delay. Miracle Cash&More will be able to share information about the User with such institutions in accordance with the legal demands of relevant authorities and organizations and will be able to unilaterally implement the measures and blocks instructed by these institutions on the User Account, funds and/or Crypto Assets available in the User Account.
5.24. Miracle Cash&More shall have the right to suspend the User Account without notice or unilaterally terminating the T&C due to the User’s breach of its obligations under this T&C and Legislation.
5.25. Miracle Cash&More shall not be held liable for any searches and/or losses incurred due to the fault of the User.
6. CHARGE
6.1. The fees that the User will be obliged to pay to Miracle Cash&More for the use of the Platform and the Services will be published on the Platform. Miracle Cash&More is entitled to charge a service fee for purchase-sale transactions and withdrawal-deposits.
6.2. By using the Platform and/or confirming this T&C, the User agrees to pay the published fees.
6.3. The User agrees that the fees published through the Platform may be unilaterally updated by Miracle Cash&More and that such updates shall be effective and enforceable from the date of their publication on the Platform.
7. DURATION AND EXPIRATION
7.1. This T&C shall enter into force upon the User’s use of the Platform and/or approval of the T&C and shall remain in force without limitation for any period of time.
7.2. Miracle Cash&More or the User may unilaterally terminate the T&C at any time. In the event of termination of the T&C by Miracle Cash&More, the User’s access to the User Account, Platform and Services will be suspended immediately and Miracle Cash&More will not be liable for any damages that may arise hereunder. The User agrees to this in advance.
7.3. In the event of termination of this T&C, the funds in the User’s Account will be sent to the bank account last used by the User and the Crypto Assets will be sent to the wallet address to be shared by the User. The Miracle Cash&More reserves the right to block within the scope of the Article 5.23.
8. MIRACLE CASH&MORE POLICIES
9. INTELLECTUAL PROPERTY RIGHTS
10. PRIVACY AND PROTECTION OF PERSONAL DATA
10.1. The personal data that the User has shared with Miracle Cash&More during the membership of the Platform or during the use of the Services will not be used by Miracle Cash&More for any non-activity purpose or be shared with third-parties. Such information will be kept strictly confidential by Miracle Cash&More.
10.2. The personal data of the User are collected in electronic environments and will be processed by Miracle Cash&More in accordance with the Legislation.
10.3. In cases where Miracle Cash&More is obliged to make a statement to the official authorities in accordance with the provisions of the mandatory legislation in force, it shall be authorized to disclose the confidential / private information of User to the official authorities, limited with the legal request.
11. OTHER PROVISIONS
11.1.AMENDMENTS
Miracle Cash&More may modify this T&C at any time it deems appropriate by publishing it on the Platform. The amended provisions of T&Cs shall become effective on the date of publish, and the remaining provisions shall remain in full force and effect and shall continue to give rise to their provisions and consequences.
11.2.FORCE MAJEURE
In all cases where force majeure is legally required, Miracle Cash&More shall not be liable for late or incomplete performance or non-performance of any of the acts specified in this S T&C. The term force majeure; natural disasters, riots, wars, strikes, epidemics, communication problems, infrastructure and internet failures, improvement or renovation works related to the system and malfunctions that may occur as a result of this, including but not limited to power outages and bad weather conditions, shall be construed as unavoidable events beyond the reasonable control of the relevant party and which the Miracle Cash&More cannot prevent despite the necessary care.
In the event that a force majeure situation lasts more than 1 (one) month, and the parties are unable to fully and/or properly fulfill any of their contractual obligations due to this reason, Miracle Cash&More may terminate this contract without any notice or precaution.
11.3.EVIDENCE
The parties accept, declare that in disputes that may arise from this T&C, Miracle Cash&More’s books and records, computer records, electronic and system records kept in the database and servers, commercial records, fax messages, instant messaging applications correspondence, e-mails, social media correspondence shall constitute valid, binding, conclusive and exclusive evidence and that these shall constitute conclusive evidence contract. Committed.
11.4.NOTIFICATIONS
Miracle Cash&More will contact the User through the contact information provided by the User when registering . The User is obliged to keep his/her contact information up to date, otherwise Miracle Cash&More will not be responsible for any loss of rights that may occur. The contact information of the Miracle Cash&More is published on the Platform.
11.5.SEVERABILITY
If any provision of this T&C becomes invalid or unenforceable, in whole or in part, the other provisions of this T&C shall remain in full force and effect.
11.6.EFFECTIVE
This T&C consists of 11 (eleven) articles and has entered into force as of the date of approval or date of usage of the Platform by the User.