BİNANCE TURKEY FRAMEWORK CUSTOMER CONTRACT

1. Parties

This Contract, terms of use and annexes ("Contract") have been signed by and between

  • a. BİNANCE TURKEY KRİPTO VARLIK ALIM SATIM PLATFORMU A.Ş. (“Binance Turkey”) and
  • b. "Customer",

for the purpose of setting out the rights and liabilities of each party under this Contract.

Binance Turkey and the Customer shall be referred to as "Parties" collectively and as a "Party" separately in the Contract.

By signing this Contract, the Customer has accepted, declared and undertaken that they have read and understood all the terms and conditions of the Contract and the relevant legislation governing the services under the Contract, they will be bound by the terms and conditions of the Contract, and their transactions will be subject to the relevant legislation -especially the capital market legislation and regulations for the Online Platform where the transactions will be carried out-, and this Contract will be automatically amended in case of any amendments in the mentioned legislations.

2. Subject of the Contract

During or before the use of services provided by Binance Turkey, the Customer has carefully read and understood this Contract and its annexes; namely, Risk Notification Form , Privacy Policy, Disclosure Text on the Processing of Personal Data , and other policies and notifications on the Online Platform (collectively "Policies"). Unless otherwise stated herein or on this subject, the Contract and Policies constitute the entire agreement between the Customer and Binance Turkey regarding the use of Online Platform.

3. Definitions

BRSA refers to Banking Regulation and Supervision Agency.
Binance Turkey refers to Binance Turkey Kripto Varlık Alım Satım Platformu A.Ş. residing at the address Özdilek River Plaza Vyndham Grand Blok 13/32 Esentepe Mahallesi Bahar Sokak Şişli/Istanbul and having the capacity of crypto asset service provider that operates the crypto platform specified under this Contract and provides other services specified under this Contract.
EFT refers to Electronic Fund Transfer.
Order refers to instructions submitted by the Customer to the Online Platform for the purchase and/or sale or transfer of Crypto Assets in the method and procedure permitted by Binance Turkey.
Transaction Result Form refers to the form with consecutive numbers issued by the Online Platform and showing the type, amount and price of crypto assets purchased and sold as well as commissions and expenses accrued to the Customer.
Crypto Asset refers to the intangible properties that can be created and stored electronically using distributed ledger technology or a similar technology, distributed over digital networks, and capable of expressing value or rights.
Crypto Asset Wallet refers to the software, hardware, systems or applications for transferring crypto assets and storing these assets or private and public keys related to these assets.
MASAK refers to Financial Crimes Investigation Board.
MKK refers to Merkezi Kayıt Kuruluşu Anonim Şirketi (Central Securities Depository Company).
Customer refers to any eligible natural person who visits, uploads, uses or becomes a member of the Online Platform, regardless of whether they benefit from the services offered on the Online Platform.
Website refers to the website consisting of the "www.binance.tr" domain name and subdomains connected to this domain name.
Board refers to Capital Market Board.
Online Platform refers to relevant mobile applications ("Applications") and ecosystems that may be created or operated by Binance Turkey from time to time, as well as the Website that Binance Turkey uses to offer customers one or more transaction(s) such as receiving customer orders on crypto assets, their execution and exchange through matching or as a counter-party, initial sale or distribution, transfer, and required custody and other transactions that may be determined.
Customer Account / Customer Number refers to the account that each Customer may open by registering with Binance Turkey and accepting the Contact and have one or more linked Crypto Asset Wallets. Accounts enable identification of customers. Moreover, each customer will be given a customer number.

The definitions in the relevant legislation shall be taken as basis for terms that are not defined in this section.

4. General Provisions

4.1. Structure of Binance Turkey

4.1.1. Binance Turkey is a crypto asset service provider where one or more of the crypto asset purchase and sale, initial sale or allocation, exchange, transfer, and required custody and other transactions that may be determined are carried out. Binance Turkey mediates these transactions through the Online Platform. However, Binance Turkey does not set, adjust or actively affect the prices on the Online Platform.
4.1.2. Investing in Crypto Assets is a risky economic activity. The Customer declares and undertakes that they have reviewed and understood the Risk Notification Form attached to the Contract, they are aware of and assume the risks of investing in Crypto Assets, and they will not hold Binance Turkey responsible for any damages caused or to be caused by the investment.
4.1.3. Unless otherwise stated in the Contract, Binance Turkey owns all services, domain names, software codes, interfaces, contents, product reviews, videos, algorithms, drawings, models, designs and all other intellectual and industrial property rights related to services provided/to be provided under this Contract or through the Online Platform (except the contents and applications provided by third parties). Copying, reproduction, dissemination, reverse engineering, reverse engineering or any other form of infringement of the intellectual property rights above is not allowed under any circumstances.

4.2. Services to Be Provided by Binance Turkey

4.2.1. Different services provided to the Customer on the Online Platform and transactions that can be performed by the Customer are listed below:

(a) The Customer can register with and use the Online Platform with a special/unique Customer Account.

(b) They can open and use at least one Crypto Asset Wallet to upload and save other types of Crypto Assets under the Customer Account, which will be accepted by Binance Turkey together with BTC/BNB and their updates as per the Listing Procedure.

(c) They can transfer Crypto Assets to their Crypto Asset Wallet, from their Crypto Asset Wallet to other Users on the Online Platform, or other wallets outside the Online Platform with their free will.

(d) They can convert the Crypto Assets in their Crypto Asset Wallet to other Crypto Assets or nominal currencies to be accepted by Binance Turkey from time to time with their free will, or exchange them with other customers on the Online Platform with methods to be accepted by Binance Turkey from time to time. The Customer can access other services of Binance Turkey's approved partners, or Binance Turkey can provide relevant access to the Customer.

4.2.2. For the avoidance of doubt, Binance Turkey is not engaged in the management of any financial services related to nominal currencies, such as the deposit, withdrawal or transfer of money and over-the-counter exchange of Crypto Assets on the Online Platform. Binance Turkey assumes no responsibility for the Customer's requests for financial services related to nominal currencies. The Customer understands, accepts and declares that such requests should be made to relevant service providers.
4.2.3. Leveraged transactions are not allowed on the Online Platform. Only services allowed by the relevant legislation are offered on the Online Platform.
4.2.4. Upon the Customer's request, Crypto Assets belonging to the Customer and corresponding to the network due to the structure of the distributed ledger network can be blocked and returned with interest at the end of the maturity date by the Online Platform. Instructions for these transactions will be given through the Online Platform.
4.2.5. The Customer can find the latest versions of the following on the Website:
  • a. Crypto assets that are eligible for listing as per Communiqué no. III-35/B.2 and are listed on the Online Platform,
  • b. Risks specified in the Risk Notification Form related to crypto asset transactions,
  • c. Explanations on institutions or organizations, if any, that provide bilateral price quotations to the Online Platform in the crypto assets listed by the platform or that the Online Platform has agreed as a liquidity provider, and on whether there is a direct or indirect shareholding relationship with these organizations,
  • d. Custody and usage conditions for personal data collected,
  • e. Principles for notifications in electronic media,
  • f. Explanations on extraordinary situations (if any), and relevant actions and precautions,

5. Subscription Period of the Customer

The Customer will have the right to use the services provided/to be provided by Binance Turkey under this Contract only for the period during which they have a Customer Account.

6. Opening the Account

6.1. Each Customer can have only one unique Customer Account. The Customer can use the Online Platform only for the purpose of benefitting from the services specified in this Contract. If it is found out that a Customer uses multiple Customer Accounts, Binance Turkey has the right to take necessary and appropriate precautions such as unilaterally terminating the Contract, blocking or not proceeding with any transaction, or suspending, canceling and blocking the Customer Account(s). Binance Turkey is not obliged to provide information about the precautions taken or to be taken for the Customer.
6.2. Binance Turkey takes all precautions within the scope of know your customer principle as per Article 5/A of Communiqué on Documentation and Recordkeeping for Investment Services and Activities and Auxiliary Services (III-45.1) published on the Official Gazette no. 29432 dated 1/8/2015, provisions of Law no. 5549 on Prevention of Laundering Proceeds of Crime dated 11/10/2006 and relevant legislation. Within this scope, the Customer will submit to Binance Turkey the original identity card and other relevant information and documents requested by Binance Turkey on the date of acceptance of this Contract and its annexes in order for Binance Turkey to identify the Customer and its representative, if any. In the event that the Customer resides outside Türkiye, the identity information received for identification purposes will also include an equivalent number such as tax ID number or social security number issued by the country where the Customer resides.
6.3. Binance Turkey is not obliged to open any Customer Accounts without conducting the necessary identification process in accordance with the provisions of relevant legislation and this Contract. The address and identity information such as name-surname, date of birth and T.R. ID no., which are collected by Binance Turkey as part of the identification process, are validated through the identity sharing system database of the Ministry of Interior, General Directorate of Population and Citizenship Affairs. This validation is performed even though the customer is acquired through remote identification as per the relevant provisions of Communiqué no. II-42.1.
6.4. In the event that the Customer fails to submit or avoids submitting the additional information and documents requested by Binance Turkey for identification or identity verification as per the abovementioned articles or for other purposes listed above, Binance Turkey has the right to unilaterally terminate this Contract.
6.5. The Customer is responsible for ensuring that the information submitted while registering with the Online Platform is complete, accurate, up-to-date and not misleading. Binance Turkey relies on and acts in accordance with these declarations of the Customer in all transactions related to the Customer. In addition, the Customer is responsible for submitting and verifying/proving the information and documents requested by Binance Turkey in order to keep the Customer data updated or carry out transactions of certain types/limits after completion of the Customer's registration. Otherwise, Binance Turkey has the right to take necessary and appropriate precautions such as terminating the Contract, not proceeding with any transaction, or suspending, canceling and blocking the Customer Account. In case of any changes in the information declared by the Customer, the Customer will notify Binance Turkey and update the relevant information within the shortest time. Binance Turkey will not be responsible for any damages and loss arising from the failure to fulfil this obligation.
6.6. A separate Customer Number is assigned to each Customer that have accepted the Contract. A Customer Number assigned to a Customer cannot be given to another Customer for ten (10) years after the expiration date of the Contract.
6.7. Before accepting Orders from or sending Orders on behalf of each Customer that has signed a Contract, a registration number is obtained from MKK, and it is ensured that the registration number matches with the Customer Number. Any registration numbers obtained before should be matched with the Customer Number. The processes of obtaining registration numbers from MKK and matching these numbers on behalf of the Customer are performed in accordance with electronic transaction methods to be determined by MKK.
6.8. Orders from Customer Accounts will not be accepted without obtaining registration numbers from MKK and matching with the registration.

7. Customer Qualifications

7.1. The Online Platform only provides services to persons residing in Republic of Türkiye. The Customer accepts, undertakes and declares that they are not a taxpayer in or citizen of the United States of America or hold a Green Card of the United States of America, they are a taxpayer in Türkiye only, they will immediately notify Binance Turkey in case of any contrary situation and deliver all kinds of information and documents (especially the W9 Form) that may be requested by Binance Turkey in signed form, and the information they have provided is accurate. If it is found out that the Customer is a taxpayer in or citizen of the United States of America, Binance Turkey reserves the right to take precautions it deems appropriate, including closing the Customer Account.
7.2. By accepting this Contract, the Customer declares and undertakes that they are aged eighteen (18) years and over and have the legal capacity to act. In the event that Binance Turkey finds out or reasonably suspects that the Customer is below eighteen (18) years old or the Customer Account is used by anyone below eighteen (18) years old, or the person using the Customer Account does not have the legal capacity to act, Binance Turkey has the right to take necessary and appropriate precautions such as unilaterally terminating the Contract, not proceeding with the transactions, or blocking/suspending your account at its sole discretion.
7.3. As a party to this Contract, the Customer has accepted, declared and undertaken that their use of services provided by Binance Turkey was not restricted before, they are not subject to any trade embargoes or not included in any economic sanctions list or specially designated nationals and blocked persons lists of any organizations, especially MASAK. Binance Turkey reserves the right to take appropriate precautions if it finds out otherwise.

8. Account Usage Rules and Representation

8.1. The Customer cannot transfer this Contract and their rights and liabilities under the Contract to third parties without the consent of Binance Turkey. The Customer cannot sell, transfer, or lease their Customer Account to third parties, authorize third parties to use it, or make it available to third parties with any other method without the approval of Binance Turkey. In case of violation of such provisions by the Customer, Binance Turkey has the right to take necessary and appropriate precautions such as unilaterally terminating the Contract, not proceeding with the transactions, or blocking/suspending or canceling your account at its sole discretion.
8.2. Within the framework of Regulation on Precautions for the Prevention of Laundering Proceeds of Crime and Financing of Terrorism, the Customer undertakes that they act on their own behalf and on their own account and will not act on another persons' account, and that they will immediately notify Binance Turkey before starting the transaction in case of acting on account of a natural and/or legal person other than the Customer and submit to Binance Turkey all necessary information and documents related to the person, on whose account they are making the transaction. Otherwise, the Customer accepts and undertakes that Binance Turkey will not assume any legal/criminal liabilities including unauthorized or incorrect transactions on account of the Customer, unauthorized and unlawful use of 3rd persons, fictitious or irregular use etc., and that Binance Turkey has the right to unilaterally terminate this Contract in such situations.
8.3. In the event that the Customer wishes to appoint a person as their representative to exercise their rights arising from this Contract, they are required to apply to Binance Turkey with a power of attorney issued by a notary public and containing specific authorization. Only persons authorized by the Customer with a power of attorney issued by a notary public can carry out transactions on account of the Customer. Identification of the representative is made as per the provisions of this Contract and relevant legislation. The representative can exercise these rights only with the preliminary consent of Binance Turkey. Such issues are left to the sole discretion of Binance Turkey. If Binance Turkey consents to the abovementioned power of attorney, the Customer will be responsible for all transactions and actions of the representative and their consequences. In addition, if the representative is dismissed or resigns, the Customer should make a written notification to Binance Turkey in advance. If the Customer fails to make such notification, any announcement that may be made on the Turkish Trade Registry Gazette or any other publication organ will not be binding for Binance Turkey unless otherwise provided by law, and its powers of disposition will remain in force. Moreover, if the Customer delays such notification, the Customer will bear any legal liability arising from the transactions carried out until the date the written notification is received by Binance Turkey. Any changes to the Customer's authority to represent and bind will be valid and binding as of the date the Customer duly makes a written notification to Binance Turkey together with legally supporting documents.
8.4. Provisions of Regulation on Precautions for the Prevention of Laundering Proceeds of Crime and Financing of Terrorism are applicable for identification of third parties acting on behalf of the Customer.
8.5. Binance Turkey will exercise reasonable care to check and verify the submitted information and documents to prove the Customer's powers of disposition on their account, and will not be responsible for the consequences of any documents that are not authentic and similarities of signatures that cannot be noticed at first sight, except for defects attributable to itself.
8.6. The Customer will use services provided by Binance Turkey (including but not limited to transactions through the Online Platform) for legal purposes only. If the Customer uses the Online Platform or any services for illegal purposes or if a suspicious transaction is detected, Binance Turkey is authorized to cancel, postpone or restore the transaction carried out by the Customer, to terminate the Contract immediately, to freeze or suspend the Customer Account, or to take other appropriate security precautions. The Customer will bear the legal and criminal liabilities arising from illegal use of the account or services.

9. Account Security

9.1. The Customer is responsible for protecting the Customer name, password and verification codes for the Customer Account. The Customer should not share the Customer name, password and verification codes for their account with anyone. Otherwise, they will be responsible for any damages and losses that may arise. Only the Orders submitted to the Online Platform with the Customer name and password belonging to the Customer will be accepted.
9.2. Binance Turkey will not be responsible for any damages incurred by the Customer due to unauthorized access to the Customer Account and unauthorized use of services provided by Binance Turkey through the Customer Account. At this point, the Customer is obliged to notify Binance Turkey of all kinds of suspicious transactions regarding or unauthorized access to their account without any delay.
9.3. The Customer should ensure the security of the Customer Account. For the purpose of protecting the Customer Account, it is highly recommended to: (i) use a strong password, (ii) not share the user name and password with anyone, (iii) use a special password for the Online Platform, (iv) connect the Website through "https" at all times, and (v) check the use of the address "https://binance.tr" and/or App identification information while accessing the Online Platform.

10. Rights and Obligations of the Customer

10.1. The Customer will bear the legal and criminal liabilities arising from all transactions and actions on the Online Platform. The Customer accepts that they are aware that the Orders they place cannot be canceled or revoked after the Orders are fulfilled or transactions are carried out. It is possible to cancel the Orders that have not been converted into transactions as per the rules of the Online Platform. Unless otherwise stated in the Online Platform Policies or specifically for a product, Binance Turkey only provides intermediary services for Crypto Asset transactions between different Customers and relevant technical services, and does not carry out any transactions as a party to them. Therefore, Binance Turkey does not assume any legal or administrative responsibilities as a party to any transaction. The Customer exclusively bears responsibility for the fulfillment of Orders they place in connection with purchase/sale transactions or other services. In addition, the Customer is responsible for any damages and loss arising from transactions based on false or incorrect Orders.
10.2. It is essential to receive Customer Orders through the Website, Binance Turkey's mobile applications or Online Platform. Customer Orders cannot be received through any other or different social media channels. Customers who assert that no transactions have been carried out despite giving purchase or sale orders are obliged to prove that they have given the order.
10.3. It is possible that the Customer transfer Crypto Assets from their Crypto Asset Wallet to Crypto Asset Wallets belonging to third parties with the service fees announced on the Website. The Customer is responsible for the conversion of Crypto Assets on the Online Platform and their transfer to any Crypto Asset Wallet. The Customer is also obliged to take security precautions for their Crypto Asset Wallet. Binance Turkey will not be held responsible for incorrect Crypto Asset transfers between Crypto Asset Wallets belonging to different customers, and the Customer carrying out the incorrect transfer will be exclusively responsible. The Customer is also responsible for incorrect transfers arising from incorrect entry of the information that must be entered during the transfer according to the technical specifications of Crypto Assets. Therefore, the Customer is aware that they should carefully check the technical information that must be entered for the Crypto Assets during the transfer stage before submitting the purchase/sale Orders. Otherwise, the Customer will be responsible for any damages and loss arising from incorrect entry of the information. Therefore, the Customer accepts, declares and undertakes that they irrevocably release Binance Turkey from incorrect transfers for all cases except intentional actions or gross negligence.
10.4. The Customer is responsible for all activities carried out on behalf of the Customer Account under this Contract and for all legal obligations (including but not limited to tax liabilities) arising from such activities. The Customer acknowledges, declares and undertakes to compensate all damages and loss in a way acceptable to Binance Turkey in the event that Binance Turkey assumes other obligations arising from or related to the abovementioned activities under the legal legislation or with a government order. Within this scope, the Customer accepts that Binance Turkey has the right to take all reasonable precautions at its sole discretion due to the fulfilment of such obligations, including but not limited to freezing or compulsorily transferring the assets.
10.5. Orders placed by the Customer will only be fulfilled only if it is demanded under market conditions. Therefore, placement of Orders by the Customer does not mean that the Order placed (stop limit or other limits or Orders) will be converted into transactions, or that Binance Turkey has accepted or will fulfill such Orders. Binance Turkey does not make any commitments accordingly. The duty of Binance Turkey is limited to bringing the purchaser and seller together on the same Online Platform and matching the purchase and sale orders.
10.6. In transfers made by the Customer to a wallet on Binance Turkey, only the Crypto Asset types listed on the Online Platform will be displayed in the wallet. If Crypto Asset types that are not listed on the Online Platform are transferred, the Customer can request the refund of transfer or conversion to another listed asset at the expense of the Customer.
10.7. The Customer can transfer funds in Turkish lira to their account on the Online Platform, through domestic accounts that are opened exclusively in their name at banks authorized by BRSA. Funds sent by the Customer contrary to the procedure specified in the Contract and funds sent by third parties or unknown senders will not be recorded in the Customer Account by Binance Turkey and will be returned. The Customer can send funds in Turkish lira to their account on the Online Platform 24/7 via wire transfer. Sending funds in Turkish lira via EFT is carried out according to the trading hours of the receiving bank.
10.8. Funds to be paid by Binance Turkey to the Customer will be sent exclusively on behalf of the Customer to domestic accounts of banks authorized by BRSA in accordance with the rules determined by Binance Turkey. Funds to be paid to the Customer will be sent to the registered bank account within the business day following the transaction date at the latest, except in cases of force majeure. However, Binance Turkey reserves the right to postpone the transfer of such amount for a period of five (5) business days in case of special circumstances. For this reason, the Customer will not be entitled to make any claim from Binance Turkey under any name such as interest, remuneration, compensation, etc.

11. Rights and Liabilities of Binance Turkey

11.1. As a prudent trader, Binance Turkey is under the obligation of showing reasonable efforts to ensure the security of the Crypto Assets.
11.2. The crypto assets belonging to the Customer will be kept by an authorized custodian organization as per the legislation. The custodian organizations will be announced on the Website of the Online Platform. In the event that custodian organizations are unable to provide custody services for any Crypto Asset listed on the Online Platforms, Binance Turkey can keep custody of such asset for a maximum period of six months, without prejudice to the specified capital adequacy provisions. At the end of this period, the relevant Crypto Asset is transferred to the Wallet addresses provided by the Customer by informing the Customer. In the event that the Customer does not provide a Wallet address or it is not possible to reach the Customer, the relevant Crypto Asset will be sold at Binance Turkey's parity, and the cash received after the sale is transferred to any bank account belonging to the Customer or kept in Binance Turkey accounts on behalf of the Customer. Cash belonging to the Customer will be kept in customer accounts opened in relevant banks. Current list of banks is available on the Website.
11.3. Binance Turkey provides support services through "destek@trbinance.com" or other communication channels indicated on the Website. Except as otherwise provided in the Policies, Binance Turkey does not ask for passwords in support correspondence, ask for the address of any crypto wallet, ask the Customer to provide an address, or ask the Customer to transfer Crypto Assets or nominal currency on behalf of Binance Turkey or any third party. The Customer accepts, declares and undertakes that only unauthorized persons make the abovementioned requests, and that the Customer may incur loss and will be exclusively responsible for such loss if these requests are fulfilled. Binance Turkey will not be liable for any loss or damage incurred by the Customer that is not caused by or arising out of the abovementioned sources of communication.
11.4. Any administrative or judicial decisions such as attachment, precautionary attachment, interim injunction and any other administrative or judicial decisions that Binance Turkey is informed about the Customer will be duly implemented by Binance Turkey within the framework of relevant legislation. In this case, Binance Turkey is legally obliged to seize the amounts in the Customer's account, notify relevant legal authorities, transfer them to the persons and institutions specified in the administrative or judicial decision, block them, close the Customer Account to processing or access, and the Customer cannot claim compensation against Binance Turkey solely due to the fulfillment of relevant decisions.
11.5. The Customer is obliged to provide all information requested by Binance Turkey regarding their orders and instructions. In the event that the information requested by Binance Turkey, including the information required to be obtained in accordance with the legislation regarding the sender and receiver, is not provided or is transmitted in an incorrect, untrue or delayed manner, especially in transfer transactions, all responsibility arising from the non-performance or delayed performance of the transaction belongs to the Customer.

12. Listing of Crypto Assets

12.1. Binance Turkey is exclusively authorized to determine the Crypto Asset types that it provides intermediary services to purchase and sell on the Online Platform. Binance Turkey may delist certain Crypto Asset types or add other accepted Crypto Asset types from time to time. The Customer will be notified about the Crypto Asset types to be delisted within a reasonable time, and asked to transfer the Crypto Asset to be delisted to a wallet outside the Online Platform or sell it to another Customer who will transfer it outside the Online Platform within the specified period after the notification. In case of failure to take action within the specified period, it will not be possible to carry out any transactions for the Crypto Asset to be delisted on the Online Platform, and the Customer accepts that it will become compulsory to transfer such Crypto Asset to another wallet. Binance Turkey will not be held responsible accordingly.
12.2. In the event that the Online Platform finds out that the listed Crypto Assets no longer fulfil the criteria set in accordance with the Communiqué, it may delist such Crypto Assets within the framework of the evaluation report it will prepare. In this case, the Online Platform is obliged to notify the Crypto Assets planned for delisting to the Customers at least seven days in advance via the registered means of communication.
12.3. In the event that Crypto Assets are delisted by the Online Platform globally, the Online Platform may delist the relevant Crypto Assets by notifying the Customers at least one day in advance, without waiting for seven days. In delisting transactions due to extraordinary situations occurring in global markets, a one-day waiting period may not be necessary.
12.4. Crypto assets can be delisted without waiting 7 (seven) days and all the purchase, sale, and transfer transactions for the related crypto assets are halted in case of the following situations:
  • a) In case the Online Platform subsequently decides that the listed Crypto Assets do not comply with the procedures specified in the Communiqué no. III-35/B.2 or the Online Platform receives a request from the public authorities or judicial authorities in this regard.
  • b) In case a reasonable doubt arises regarding the reliability of the relevant Crypto Assets or the related distributed ledger network systems.

13. Orders

Fulfillment of Orders

13.1. The Platform will show utmost care to fulfill the Customer Order in a manner that will give the best results for the Customer within the framework of transaction procedures by considering preferences regarding price, cost, speed, possibility of realization, exchange, size, custody, and similar issues.
13.2. Cash receivable balance of the Customer is sent to the bank upon customer request on the day it is submitted.
13.3. The Customer's purchase, sale, and transfer transactions, as well as their cash and crypto asset balances, are tracked completely, accurately, and currently on a customer basis over the corporate record system, separately from the Platform's accounts.

Transaction Environment

13.4. Orders may be fulfilled by the Platform in the transaction environment. The matching of Orders in the transaction environment can also be realized by having the counterparty of the Order be a abroad or inland entity that provides both Purchase and sale prices for the relevant asset.
13.5. If an Order is realized in a transaction environment by the Platform, organizations resident abroad or their customers can submit Orders in the transaction environment of the Platform. Opening the transaction environment to organizations abroad does not eliminate the Platform's liability arising from legislation.
13.6. The liabilities of Platforms as part of Law no. 6415 dated 7/2/2013 on Prevention of Financing of Terrorism and Law no. 7262 dated 27/12/2020 on Prevention of Financing the Proliferation of Weapons of Mass Destruction apply to the foreign organizations and customers of these organizations.
13.7. Orders may be fulfilled by the Platform outside of the transaction environment, directly from its own wallet. In the event that the Orders are fulfilled as a counterparty, it is possible for the Platform to incur losses against the Customer's a profit, and to make a profit against the Customer's loss.
13.8. Changes to the transaction environment or the policy for the fulfillment of Orders will enter into force upon notification to the Customer at the specified electronic mail address no later than fifteen days in advance and, in any case, upon publication on the Website.

Finalization of Orders

13.9. An order number is given to all Orders sent and accepted by the Online Platform system. Orders with order numbers are matched with other waiting orders according to and converted into transactions according to the transaction, and priority rules, or they are recorded in the order book without being converted into transactions. Price and time priority rules are applied respectively as the priority rule in matching the Orders recorded in the Online Platform system. The price priority rule means that lower-priced selling orders are fulfilled before higher-priced ones, while higher-priced purchasing orders are fulfilled before the lower-priced ones, and the time priority rule means that orders recorded in the system earlier in terms of time are fulfilled as a priority in case of price equality.
13.10. The Customer is obliged to follow in person to learn whether the Orders placed to Binance Turkey have been fulfilled. A Customer failing to meet their obligations to follow the Order results and therefore learning the Order result late cannot claim any receivables, rights or compensation against Binance Turkey for this reason.
13.11. A Transaction Result Form is issued with consecutive numbers, showing the type, amount and price of crypto assets purchased and sold as well as commissions and expenses accrued to the Customer.
13.12. All information and confirmation provided to the Customer before issuing the Transaction Result Form is temporary, and the Customer cannot claim any rights based on such temporary confirmation and information.
13.13. The Transaction Result Form for all Orders received is issued at the end of the transaction day, and sent to the electronic mail address specified by the Customer by the end of day at the latest, or the Customer is provided access to their account statements in electronic media. In case the Customer does not provide their valid e-mail address to Binance Turkey or cannot access information regarding transactions via e-mail address and/or electronic media, or prefers not to access through these means, they must visit Binance Turkey headquarters and receive the Transaction Result Form during working days and hours. The Customer accepts and undertakes that Binance Turkey is not obliged to send the Transaction Result Form by post.
13.14. Binance Turkey has the right not to send account statements to a Customers who has not carried out any transactions within the relevant period.
13.15. The Customer accepts, declares, and undertakes that Binance Turkey is not/will not be responsible in any way for account statements not reaching the Customer due to the address errors in the mail provided to Binance Turkey, change of current address of the Customer, problems due to electronic mail server or service provider, and in any case, reasons other than situations that are not possible to be directly attributed to Binance Turkey. If the notifications to be sent to the Customer as per this Contract are not served to the Customer within the required time or if the attachment or content of the physical envelope/e-mail of the account statement sent is empty or incomplete, the Customer is obliged to notify Binance Turkey in writing within one (1) month at the latest.

14. Storing

14.1. It is essential that Crypto Assets of Customers are stored in Customer wallets as per the Article 35/C of CMB.
14.2. Crypto Assets of the Customer may be collectively stored in one or more wallets by the Online Platform.
14.3. In case custodian organizations do not provide custody service for a Crypto Asset listed on the Online Platform, the relevant asset may be stored on the Online Platform for a maximum of six months, without prejudice to the capital adequacy provisions. At the end of this period, the relevant Crypto Asset is transferred to the wallet addresses provided by the Customer by informing the Customer. In case the Customer does not provide a wallet address or the Customer cannot be reached, the relevant Crypto Asset can be continued to be stored by informing the Customer that the cash can be transferred to the Customer Account by selling it at the price listed on the Online Platform at 12:00 on the last day of the six-month period or that it will continue to be stored with the Online Platform.
14.4. It is optional that the Crypto Assets stored on the Online Platform are transferred to the wallets at a custodian organization except for reconciliation transactions and Customer requests.
14.5. Binance Turkey may operate the hot wallets holding the Crypto Assets stored on behalf of the Customer itself or may obtain this service from an authorized custody institution. Binance Turkey creates an “approved address list” to belong to the Customer. The Customer’s Crypto Assets can only be transferred to addresses included in this list.
14.6. When the Customer requests to add a new address to the list or to make changes to existing addresses, this request must be submitted to Binance Turkey in writing. Binance Turkey may impose additional security steps, identity verification processes, and time restrictions for transactions related to the approved address list.
14.7. Transfers of Crypto Assets to addresses outside the approved address list can only be carried out in accordance with the procedures determined by the Platform and solely upon the Customer’s explicit instruction. Binance Turkey reserves the right to completely prohibit or restrict transfers to addresses not included in the approved address list despite the Customer’s explicit instruction. All risks and liabilities arising from the Customer’s request to transfer to an account outside the approved address list belong to the Customer. Binance Turkey cannot be held liable for any damages that may occur in this context.

15. Key and Wallet Technology

15.1. In case private keys are split into pieces using mechanisms such as multi-party threshold cryptography, each piece and the mechanisms using the key pieces, including their backups, must be kept in Türkiye, and the Platform will have control over them.

16. Customer Cash Receivable Balances

16.1. The Platform cannot receive Customer cashes in person, and these cannot be delivered to the Customer in person, and cannot be stored in any way at the Platform.
16.2. Fund transfers at the platforms can only be made through the Customer's own bank accounts. The Platform cannot accept any funds except from the electronic transfers through bank.
16.3. Customer accounts cannot be used as collateral for loans, and no blockades, pledges, or similar encumbrances can be established in favor of the Platform on these accounts. Due to Platform's debts, the Customer's cash in the Platform's bank accounts and due to the Customer's debts, the Platform's asset cannot be seized, pledged, included in the bankruptcy estate, and have precautionary measures taken against them, even if it is for public receivables.
16.4. Customer assets will not be profited by Binance Turkey.

17. Other Declarations

17.1. Risks

17.1.1. Investing in Crypto Assets is a risky economic activity. The Customer must clearly declares, accepts and undertakes that they know the risks of Crypto Asset investment, undertake the risks both related to the activities subject to this Contract and stated in the Risk Notification Form (including the realization of transactions) and they will not held Binance Turkey responsible for the losses (including Crypto Asset price fluctuations) that may be caused by these risks.
17.1.2. The Customer will decide to make transactions by examining the qualities, types, and features of the Crypto Asset they will invest in. The responsibility of making detailed investigations on this issue belongs to the Customer. Unless otherwise stated for the product, Binance Turkey is not a party to the transactions and does not guarantee that income will be obtained from the transactions. Binance Turkey has no responsibility or commitment regarding this issue.
17.1.3. The "Risk Notification Form" prepared under the Communiqué on the Establishment and Operation Principles of Crypto Asset Service Providers III-35/B.1 for Crypto Asset transactions, which is submitted to the Customer for review and approval before the acceptance of the Contract, is an annex and integral part of this Contract. Binance Turkey is obliged to receive the written or electronic declaration from the Customer that this form has been read and understood, and to forward a copy to the Customer or, by informing the Customer, to ensure that the form is accessible and viewable electronically. Binance Turkey uses electronic media to notify the Customer of changes in the situations described and to obtain a declaration from the Customer that the forms, explanations, and notifications have been received.
17.1.4. The Customer accepts and declares that they have read and understood the Risk Notification Form provided to him/her by Binance Turkey before accepting this Contract and that they will request the products and services provided by Binance Turkey by taking into consideration the explanations and risks included in the Risk Notification Form.

17.2. Contents Not Provided by Binance Turkey

17.2.1. All kinds of contents provided on the Online Platform are composed of data obtained from thirds parties and publicly available sources. All data, analyses, reports, and statistics are processed and presented objectively by software that automatically processes the information without any adjustments or guidance. The news and reports presented on the Online Platform are for informational purposes only and do not contain direct solutions, results, legal opinions, purchase or sale advice, political and sociological research information, and their absolute accuracy is not guaranteed. Data may be contradictory or inconsistent in itself. You agree that Binance Turkey is not obliged to provide any information containing content from third parties or publicly available sources, or to show this information to the Customer. In such cases, Binance Turkey bears no responsibility.
17.2.2. Binance Turkey does not offer any warranty of any kind to any Customer, whether explicitly or implicitly, regarding the results to be obtained from the contents provided, including any warranties of merchantability, performance, marketability, fitness for a particular purpose, or suitability for a particular purpose. All contents are provided to the Customer "as is". Binance Turkey cannot be held responsible for the losses or negative damages that may arise from the use of the contents. Any reference to any person/institution/company/brand in the contents provided by Binance Turkey does not constitute a recommendation to affect the market values, ranking in various criteria, or brand values of such persons/institutions/companies/brands or to purchase, sell, or hold stocks or Crypto Assets.

17.3. Technical Subjects

17.3.1. Binance Turkey fulfills the Orders given by the Customer regarding the services in this Contract under the rules of the Online Platform and in a reasonable time. However, Binance Turkey is not responsible for any damages arising from the failure to fulfill the Orders within a reasonable time due to technical reasons, force majeure, temporary impossibility, or other reasons that are not caused or cannot be controlled by Binance Turkey Binance Turkey.
17.3.2. Binance Turkey may carry out periodic maintenance and updates at times it considers appropriate for the Online Platform's smooth operation by notifying the Customers within a reasonable period of time. The Customer cannot claim any damages due to transactions that could not be made or Orders that could not be fulfilled within such period.

17.4. Customer's Misuse/Breach/Abuse

Binance Turkey cannot be held responsible for the losses and damages that result or may arise from the misuse of Crypto Assets purchased or sold by the Customer or other services received under this Contract. Binance Turkey may not fulfill the Customer's Orders and/or may cancel the transaction in case of any suspicious situation, such as acting contrary to the Online Platform rules or sending Orders that cannot be explained with a reasonable justification. Due to all of these cases, it is not possible for Binance Turkey to be held responsible for the losses and damages of the Customer.

18. Rights/Demands

18.1. Technical Incorrect Transactions

Although the Customer may freely cancel the Orders that have not yet been matched and sent to the Online Platform, they cannot cancel the transactions resulting from the matched Orders under any circumstances and cannot request their cancellation from Binance Turkey. However, in exceptional cases, if transactions occur at unrealistic prices due to technical errors, Binance Turkey may, at its sole discretion, cancel or eliminate such transactions or take other measures necessary for the proper operation of the system. If any payment has been made, the Customer Account may be frozen during the cancellation and elimination processes, and the refund of the unjust payment may be requested. In case such payments are not refunded, Binance Turkey has the right to take all legal action. You acknowledge that when Binance Turkey or another Binance Turkey Customer makes a claim for damages arising from such transactions, Binance Turkey has the right to collect from the Customer Account the relevant amount of Crypto Assets or assets equivalent to the damages. Binance Turkey has no responsibility arising from such cases, and it is not possible to make any claims from Binance Turkey as well.

18.2. Exercise of Rights/Demands

In terms of receivables arising from this Contract or any other legal reason, Binance Turkey has the authority to directly collect its receivables from the Customer's receivables, assets, and goods, as well as the right of offset and clearing.

19. Non-Financial Advice and Notifications

19.1. Non-Investment Advice

None of the services in this Contract constitutes investment advice and cannot be described as investment advice.

19.2. No Consulting Services

Binance Turkey does not undertake to provide consultancy to the Customer or engage in any activity that may be considered consultancy activity.

19.3. Notifications and Information to the Customer

19.3.1. Customer accepts and declares that all kinds of information, notifications, and reports required to be provided by Binance Turkey to them will be provided electronically through the Online Platform, and that if they want to be informed by any other method, they will convey this matter in writing.
19.3.2. Customer accepts, declares, and undertakes that Binance Turkey is not/will not be responsible in any way for any notifications not reaching the Customer due to the address errors in the mail provided to Binance Turkey, change of current address of the Customer, problems due to electronic mail server or service provider, and in any case, reasons other than situations that are not possible to be directly attributed to Binance Turkey.
19.3.3. (i) Technical problems that will prevent Customer transactions to be performed by the Platform, (ii) changes due to the distributed ledger network's structure and that are known or must be known by the Platforms as well as the potential impact of such changes on the market, and (iii) implementation steps to remedy Crypto Asset losses arising from the Platform are notified electronically to the Customer.

20. Remuneration and Contract Change

20.1. Binance Turkey has the right to receive a commission (service fee) at a rate from the Customer determined at its sole discretion as part of the services it provides, including but not limited to purchase and sale transactions.
20.2. Binance Turkey states the fees and commissions it will determined for services to be provided under this Contract on the Website or in the application. Fees and commissions can be found at the following address: https://www.binance.tr/fees/schedule Regardless of their nature, the payment and responsibility for all taxes, funds, and other liabilities, whether in or outside of Türkiye, belong to the Customer. The Customer accepts and undertakes that they will keep sufficient money in their accounts at Binance Turkey to cover the Withholding Tax amount related to the relevant transactions at the latest on the day the relevant Transaction is carried out in case the transactions under Contract/Contracts are subject to Withholding Tax. The Customer authorizes Binance Turkey to ex officio collect and offset the relevant withholding tax amounts from their accounts at Binance Turkey to fulfill the obligations under this Contract/Contracts and to make the necessary tax payments on behalf of the Customer in accordance with the relevant tax legislation.
20.3. Crypto Assets transfers are nonrefundable unless otherwise is specified in the Policies. Therefore, the commission and transaction fee received by Binance Turkey are also nonrefundable. The Customer has no right to claim a refund of such fees.
20.4. Binance Turkey has the right to make changes occasionally on the types, amounts, and rates of such fees and commissions without giving prior notice. Such changes are implemented after being announced on the Online Platform. The fee schedule regarding the services, which is updated occasionally, is on the Website and an integral part of this Contract.
20.5. Binance Turkey may change this Contract and its annexes in the electronic environment later. By accepting this Contract, the Customer acknowledges that this Contract and its annexes may be amended. Such changes come into force for the Customer by using a qualified electronic signature by the Customer or by accessing the Online Platform with the password given to them and by giving their confirmation electronically that they have read and understood the relevant changes.
20.6. The Customer may propose to Binance Turkey in writing to change all terms and conditions of this Contract and all other Contract/Contracts they made with Binance Turkey in whole or part and at any time, excluding the Capital Market Legislation regulations. Accepting the proposal is at the discretion of Binance Turkey, and, if not accepted, the Customer may terminate this Contract and all of the other Contract/Contracts they have signed on condition that they fulfill their liabilities. This termination does not remove the receivables and rights of Binance Turkey, arising from operations and transactions carried out until the effective date of the termination.

21. Confidentiality and Protection of Personal Data

21.1. Confidentiality

Binance Turkey undertakes to keep the confidential information given to it strictly private and confidential, to keep it a secret, and to take all necessary measures and show full diligence to ensure and maintain confidentiality, to prevent all or any part of the confidential information from being disclosed to the public or to an unauthorized Customer or a third party.

21.2. Personal Data Protection

21.2.1. Binance Turkey is subject to the Personal Data Protection Law no 6698 ("PDPL") and processes personal data it collects as per the "Binance Turkey Disclosure Text on the Processing of Personal Data", which is an annex to the Contract. Detailed information on the protection of personal data is given in the Disclosure Text on the Processing of Personal Data and the Disclosure Text on Cookies.
21.2.2. The Parties accept, declare, and undertake that they will act in line wit the legislation on the protection of personal data.
21.2.3. The Customer accepts that all information and documents conveyed through the Platform, all kinds of their transactions made are under record as per the Board regulations.
21.2.4. Binance Turkey takes necessary precautions to ensure the confidentiality of information and documents of the Customer and to prevent these from falling into the hands of unauthorized third parties. Sharing of information by Binance Turkey to the authorized institutions and organizations within the framework of PDPL, Capital Market Legislation, and the relevant other legal regulations, judicial and administrative jurisdiction are not included in this provision, and the Customer accepts that such sharing may be made without their approval as long as it complies with the relevant legal regulations.
21.2.5. Binance Turkey may purchase services that assist in meeting its obligations arising from capital markets legislation during the execution of the services and activities that it is authorized to provide, from another service provider organization under the Board regulations. Service provider organizations may have access to the Customer information when needed as part of the relevant service during Binance Turkey's outsourcing. PDPL provisions will apply during the sharing of customer information with other institutions. The Customer accepts, declares, and undertakes that they are informed about this as of the date of the Contract, that Binance Turkey may need to communicate Customer information to the service provider organization during outsourcing of the service, and that they have consented to this situation in advance, therefore, Binance Turkey will have no responsibility in the event that there is no fault that can be attributed to Binance Turkey.

21.3. Third-Party Connections

Binance Turkey may direct Customers to the websites of third parties. Binance Turkey has no responsibility for the data collection, processing, transfer or content of such third party websites. For mote information please see the policies and confidentiality practices of the relevant third parties accessed through this link.

21.4. Outsourcing

In cases when user information needs to be communicated to the service provider organization during outsourcing, such sharing will be done under the PDPL and information on this will be provided through the Disclosure Text on Personal Data.

22. Prohibition on Change of Contract Party and Assignment

The Contract has to be renewed in case of universal succession (transfer, merger, inheritance, etc.) of the Customer that is a party to the Contract or for reasons such as the inclusion of new beneficiaries to or the separation of existing beneficiaries from joint accounts. However, if the changing beneficiaries do not want to sign Contracts, rights related to the accounts are transferred to successors within the scope of documents proving universal succession, and the situation is notified to MKK within three (3) business days.

23. Validity and Storage of Records

23.1. You accept, declare, and undertake that in case of any disputes that may arise from or related to this Contract, the electronic and system records, commercial records, book records, microfilm, microfiche and computer records kept by Binance Turkey in its systems, databases and servers will constitute valid, binding, definitive and exclusive evidence and that this article constitutes evidence contract within the meaning of article 193 of Code of Civil Procedure.
23.2. All kinds of documents received and produced within the scope of the Platform's activities and all electronic records, including documents and video images received during remote identification as per Communiqué No. III-42.1 are retained for ten (10) years in an organized and classified manner as per Article 82 of Capital Markets Law.

24. Termination of the Contract and Force Majeure

24.1. Parties may terminate this Contract without showing any reason and by giving notice 1 day's notice. In this case, the Customer accepts that Binance Turkey is under the obligation to keep data as per the relevant legislation.
24.2. As a result of the evaluations it will make within the scope of MASAK (Financial Crimes Investigation Board) legislation and/or its own policies, Binance Turkey is authorized to close the Customer Account ex officio and without prior notice for justified reasons and to terminate this Contract immediately without paying compensation. In case the Contract is terminated or ended as requested by the Customer; if there are crypto asset balances in the Customer account and Binance Turkey has no receivables from the Customer, such assets are converted over the exchange rate at Binance Turkey at the time of refund and sent to one of the bank accounts belonging to the Customer, together with other TL balances, if any.
24.3. Force majeure as part of this Contract will mean the events beyond the reasonable control of the related party, including but not limited to acts of God, riot, pandemic, war, strike, lock-out, failures in the telecommunication infrastructure, nationwide internet outage, power failure, and adverse weather conditions.
24.4. Deeds of the Parties will be suspended as long as force majeure lasts.
24.5. Neither party will be responsible for losses that may arise in case the actions of the Parties arising from this Contract cannot be performed at all or performed late due to "force majeure".

25. Applicable Law and Resolution of Disputes

25.1. This Contract is subject to and construed in accordance with the laws of Republic of Türkiye.
25.2. All disputes arising from or related to this Contract will be resolved by Istanbul (Çağlayan) Courts and Execution Offices.

26. Enforcement and Acceptance

26.1. This Contract was read and understood by the Customer, and signed at the moment the Customer confirmed the contract in electronic media. However, liabilities arising from this Contract enter into force after the accuracy of information provided by the Customer during registration are verified by Binance Turkey.
26.2. The Customer accepts, declares and undertakes that they have read the Risk Notification Form, Disclosure Text on the Processing of Personal Data and Privacy Policy, understood their contents as a whole and approved all provisions.
26.3. Binance Turkey has the right to amend this Contract or Policies at any time at its sole discretion. Unless otherwise stated in the relevant notification, such amendments will enter into force as of 00:00 on the fifth (5th) day after the relevant notification is published on the Platform or Applications. If the Customer continues to use the Platform, accesses the Online Platform with the password provided to them and gives their consent on having read and understood the Contract-related amendments in electronic media following such an amendment, it means that the Customer has accepted the then-current conditions. The Customer should regularly check the validity dates to become aware of any updates or amendments in each of the Contract and Policies.

27. Miscellaneous Provisions

27.1. Severability: By signing this Contract, the parties have agreed that this Contract will supersede and invalidate all previous oral and/or written arrangements or contracts and/or in writing between them regarding the contracted transactions.
If some provisions of this Contract become contrary to the Board regulations, such provisions will not be applied. The Board regulations will be applicable in cases where there is no provision in the Contract, and general provisions will be applicable in cases where there is no provision in the Board regulations.
27.2. Binance Turkey declares that it was only granted authorization only to use the brands "Binance" and " brand " by Binance Company, which is a separate legal entity. For the avoidance of doubt, such authorization will not be interpreted as the establishment of a partnership with the licensor or the operation of the Online Platform is a joint venture; in addition, no provision will be construed as a planned partnership or joint venture with the licensor or responsibility for any debt. The Online Platform is operated by BİNANCE TURKEY KRİPTO VARLIK ALIM SATIM PLATFORMU A.Ş. residing at the address specified below. We hereby declare that we are not a representative, branch or communication office of any other company in Türkiye.

Trade Registry No: 221729-5

Mersis No: 178140451300001

Trade Name: BİNANCE TURKEY KRİPTO VARLIK ALIM SATIM PLATFORMU A.Ş.

Address: Özdilek River Plaza Vyndham Grand Blok 13/32 Esentepe Mahallesi Bahar Sok. Şişli Istanbul

Website Address: https://www.binance.tr

KEP Address: bnteknoloji@hs09.kep.tr

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