ARTICLE 1: PARTIES
This agreement and GLDB Usage Agreement and Individual User Terms comprising integral parts of the agreement the (“Agreement”) have been executed by and between “Bialtin Teknoloji Anonim Şirketi” (hereinafter referred to as the 'COMPANY') and the “User” who is a member www.gldb.co site (hereinafter referred to as the 'SITE').
ARTICLE 2: DEFINITIONS
User: refers to a real person or real person representative of legal person customer who use the services offered at www.gldb.co (“Website and Mobile Application”) by becoming a member,
Company: refers to the electronic commerce company with the title Bialtin Teknoloji A.Ş., domiciled at the address Besiktas-Istanbul, which is exclusively authorized to carry out the Web site and Mobile Application electronic commerce activities through www.gldb.co,
Form: refers to the membership form for the Web site and Mobile Application, which is completed by the Users by providing their information,
Site: refers to the internet site comprising the domain www.gldb.co and its subdomains,
User Consent: refers to the consent given personally by the User for processing of personal or corporate data for the purpose and within the scope determined by the User, and for delivery of commercial electronic messages to the User, which consent can be accessed on the Website and Mobile Application.
GLDB: refers to the virtual value, which is pegged to value of one (1) troy ounce of gold at all times, which is created by Bialtın Teknoloji Anonim Şirketi, a joint stock company registered with the Istanbul Trade Registry with number 298396-5, on Ethereum Platform, and incorporated on the blockchain with unique ID information, and can be tracked by everyone, and allow users to trade on Ethereum.
Ethereum Wallet: refers to the computer file that keeps the Ethereum-based crypto currency addresses and corresponding encryptions. Ethereum wallet addresses are randomly-generated cryptographic public key matches. Users can transfer crypto currency between such addresses.
ARTICLE 3: SUBJECT OF THE AGREEMENT
This Agreement sets forth the mutual liabilities, rights and responsibilities of the Company and the User who becomes entitled to use the services offered by the Company by becoming individual member on the Website and Mobile Application.
ARTICLE 4: USER’S RIGHTS AND OBLIGATIONS
4.1 User becomes a member of the Website or Mobile Application by approving this Agreement and creating a personal account panel user profile.
4.2. The User agrees and represents that all information provided by him/her, particularly his/her contact details, are correct, and he/she is older than the age of 18 and has full judicial capacity and legal capacity.
4.3. The User shall bear all responsibility for losses arising from incorrectness of any personal information provided by him/her. The Company shall not be responsible for any loss that may so arise.
4.4. User may have only one membership account. If the Company determines that the user has given incorrect and/or inaccurate information, the Company shall be entitled to unilaterally terminate the agreement and cancel, cease or suspend the user’s account without notice. The Company is also entitled to not open the account again for such person upon noticing such violation. All legal and penal responsibility that arise or will arise in the cases listed in this article shall rest with the User.
4.5. The User must perform the security procedures requested by the Site for security within the requested timeframe. All responsibility for losses that may arise from the User’s failure to perform the security procedures within the specified timeframe shall rest with the user. The User agrees, represents and undertakes that he/she shall not have any claim from the Company for such losses in any manner whatsoever, and that he/she hereby irrevocably releases the Company on this matter.
4.6. For becoming a member to the Site, the user shall be required to evidence his/her ID and address information, and selfie picture if so requested, and submit such documents accurately to the company, both for depositing and withdrawing money. The Company shall not allow any transaction on the user’s account if the User fails to evidence his/her ID and address information and selfie picture to submit the same to the Company.
4.7. User’s ID and address information and selfie picture are requested for compliance of the system with the Laws and legislation of the Republic of Turkey, and all information and documents submitted by the user shall be shared with requesting competent authorities. Provisions of the policy on processing of personal data, which is an integral part of this agreement, shall be applicable.
4.8. Any change in User’s ID information and address information shall be notified by the User to the Company, promptly and within maximum 10 days from such change. The Company shall not be subject to any responsibility or claim due to failure to notify the Company on such changes. Upon failure to notify such changes, the Company shall be entitled to suspend the transactions, temporarily or permanently close the account and take all measures, and the Company shall not be under responsibility for such reason.
4.9. The User agrees and represents that he/she shall use the Website and Mobile Application account panel and trade personally, and shall not let any third person access or use the same. Upon determining any act of the User in breach of this provision, the Company shall be entitled to cancel, cease or suspend the user’s account without need for any notice.
4.10. The User agrees and represents that he/she is fully entitled to use the name, and all official and other information on the Website and Mobile Application, and such usage does not violate the rights of third parties.
4.11. The User agrees in advance that he/she shall not use, and shall not let others use, the platform for purposes in breach of all legislation and general rules of law applicable in the Republic of Turkey, particularly the Law on Prevention of the Laundry of Criminal Revenues number 5549 and the Law on Prevention of Financing of Terrorism number 6415 and all ancillary regulations promulgated thereunder, and that he/she shall bear all legal and penal liabilities that may arise from using or letting others use the account for purposes in breach of the law and legislation. The Company may not be held responsible for any dispositions of competent authorities on the account and crypto currency assets due to usage of the User’s account in breach of the Laws of the Republic of Turkey.
4.12. The User agrees, represents and undertakes that, on the account opened with GLDBase, he/she acts in its own name and on the account of himself/herself / in the name and on account of his/her institution, and not on account of others, and if he/she acts in the name of himself/herself/institution and but on account of others, he/she shall promptly notify GLDBase in writing on the ID details of the person, on account of whom he/she acts, and the ID information of such person(s) and authorized representative(s) of such institution, in order to avoid breach of with the provisions of article 15 of Law number 5549 (In transactions with or through obliged parties, requiring identification, unless the person who acts in his/her own name but on account of others notifies the relevant obliged parties on the person in whose account he/she acts, before performing such transactions, he/she shall be sanctioned with imprisonment of minimum six months and maximum one year, and judicial fine of five thousand days).
4.13. The User agrees, represents and undertakes that, in all accounts opened with and money transfers performed through the Company, he/she acts in accordance with national and international regulations, and is not directly/indirectly engaged in any manner whatsoever in the fields designated as risky activity in the Company’s Anti-Money Laundering and Terrorism Financing Policy.
The User also represents and undertakes, by becoming a member of Company’s platform and/or opening an account with the Company, that he/she is not in OFAC (US Office of Foreign Assets Control), UN Security Council Sanctions list or similar trade or economic sanctions lists of other countries or worldwide institutions etc. On the other hand, the Company reserves the right to select the markets and countries to operate in, and may restrict or deny services in certain countries on its own discretion.
4.14. The User shall be personally responsible for ensuring the security of his/her membership information, e-mail address, password, account and other information. The User agrees, represents and undertakes that he/she shall not have any claim from the Company in any manner whatsoever due to any loss resulting from use of such information by unauthorized persons or acquisition of such information by third parties, and hereby irrevocably releases the Company on this matter. The Company may not be held responsible for any theft or cyber-attack against the user’s accounts or Company’s systems, caused by Company’s internet domain host company’s systems or for any other reason. The User agrees, represents and undertakes that he/she shall not have any claim from the Company in any manner whatsoever for such losses, and hereby irrevocably releases the Company on this matter.
4.15. The Company shall be entitled to take all measures, including closure of the User’s account, to ensure that the User uses the Website and Mobile Application in accordance with this Agreement and the legislation, and to prevent any violating usage.
4.16. The User agrees in advance that he/she shall not use the site for purposes which are illegal or against the legislation, and shall bear all legal and penal liability that may arise upon his usage of the site for purposes which are illegal or against the legislation. The User shall be individually liable for any claims and accusations that may arise upon his/her act in breach of this Agreement and the legislation, and shall be obliged to indemnify the Company against losses that may arise in connection with such claims and assertions.
4.17. The User is required to declare a bank account in his/her own name and ID number, in order to withdraw money from the Site. Responsibility for any loss that may arise from incorrectness of any information on the User’s personal bank accounts shall rest with the user. The User agrees, represents and undertakes that he/she shall not have any claim from the Company in any manner whatsoever for such losses, and hereby irrevocably releases the Company on this matter. The Company shall be authorized and entitled to suspend or terminate the payments on its own discretion, without confirmation of bank account.
4.18. The User agrees, represents and undertakes that, while using the Site account, he/she shall use his/her crypto currency wallet address authenticated on the Site, to preserve the crypto currencies and GLDB’s sent to him/her by the Company, and protection of the crypto currency wallet is under his/her responsibility. The Site is not a crypto currency wallet, and does not host or maintain any crypto currency; but rather scans the crypto currencies of Users held in crypto currency wallets, from the blockchain, and displays that to the users. The User agrees, represents and undertakes that he/she may not hold the Company responsible upon loss, stealing or otherwise acquisition by any third party the crypto currency wallet which is under the User’s own responsibility, and hereby irrevocably releases the Company against all losses that may arise in connection therewith .
4.19. Transactions from a bank account not registered in the user’s name and/or card-less banking methods via ATM’s are not allowed on the site. Upon determining any transaction in breach of this article, the Company shall be entitled to cancel such transaction without notice. The Procedure on cancelled transactions is described in the Site’s ‘Commissions’ section which is an integral part of this agreement. The Company may not be held responsible for any loss that may be incurred by the user due to cancellation of transactions in breach of this article.
4.20. After becoming a member of the site, the User may not transfer, sell, donate otherwise let third parties use his/her account and rights. It is essential that the User uses the account in his/her own name and for and on account of himself/herself. Upon determining any act of the User in breach of this article, the Company shall be entitled to cancel, terminate of suspend the user’s account without prior notice. The user agrees, represents and undertakes that he/she hereby irrevocably releases the Company against losses that may arise from exercise of such rights by the Company. All losses arising under this article shall be under the user’s responsibility and all penal sanctions shall be borne by the user.
4.21. In crypto currency transfers using the Site by the User, a description code uniquely generated by the Site must be entered as transfer description, and it is recommended to use a crypto currency wallet which is available at the address www.myetherwallet.com. Any loss or damage that may arise from failure to enter description code entry of an incorrect description code in transfers, due to using a crypto currency wallet other than such recommended crypto currency wallet, shall be under the responsibility of the user and the user irrevocably agrees, represents and undertakes that he/she shall not have any claim from the Company in any manner whatsoever for such losses.
4.22. The User agrees, represents and undertakes that, in using the Site account, he/she shall send only the Company’s crypto currency. During such transaction using the Site, crypto addresses are displayed by the Site on the User’s screen for reminding and alert purposes, however the User is required to check or verify the crypto currency address on the screen, before performing the transaction. The user shall be fully responsible for any loss that he/she may incur if the user sends crypto currency to a crypto currency address other than the crypto currency addresses displayed by the Site on the User’s screen for reminding and alert purposes. The User agrees, represents and undertakes that he/she irrevocably releases the Company from all losses and damages that may arise upon sending crypto currency to crypto currency address not belonging to the Company.
4.23. The User irrevocably agrees, represents and undertakes, by agreeing with this agreement and starting to use the Site, that he/she has been informed and forewarned by the Company that market value of crypto currencies fluctuate extremely, and are not secured by official or unofficial institutions, and may be subject to various regulations due to changes in in legislation in the future; and that he/she performs transactions on the Site by acknowledging such information and forewarning and agreeing and representing that he/she shall bear all legal, financial and penal liability, and that in case of amendment in the legislation, he/she shall act in accordance with such new legal legislation, and that he/she shall fulfil all deficiencies on all matters that may be requested from him/her. In this context, the User shall be deemed to have read and acknowledged all statements made or to be made by official authorities in relation with crypto currencies.
4.24. The User may close the account and cease using the Website and Mobile Application at any time.
4.25. All services provided by the Company on the Website and Mobile Application under these Terms may be terminated without reason or termination notice.
4.26. The User shall be responsible for all tax liabilities arising from usage of the site by the user. No invoice shall be sent to the User in connection with usage of the site or transfers made by the User.
4.27. The User shall bear the responsibility for all losses and damages loss that may be incurred as a result of usage of the Site by the User. The Company, its directors, managers, employees and third party service providers may not be held liable for any legal or penal sanction if the Company fulfils any of its performances undertaken under this agreement. The User agrees, represents and undertakes that he/she irrevocably releases the Company and the foregoing persons on these matters.
4.28. It may not always be technically possible to track how the GLDB’s purchased on this site are used, or where and for what purpose they are transferred, or whether they are used in a crime or not. The Company may not be held responsible for any loss or damage, or positive or negative loss incurred by the user or third parties as a result of abuse or unlawful use of GLDB’s. In case of any legal liability of GLDB on this matter in any manner, the user causing such damage shall be obliged to indemnify all losses of GLDB. User agrees and undertakes to pay interest at the monthly default interest rate announced by the CBOT, upon failure to timely compensate such damages.
ARTICLE 5: COMPANY’S RIGHTS AND OBLIGATIONS
5.1. The Company shall ensure the security of the User who becomes a member of the Site, to the extent possible during transactions on the Site. In this context, the Company may, while creating membership, request ID, address and bank information and relevant documents, or use TEXT authentication or other authentication methods it may deem appropriate for User’s security. The Company may not be held responsible for any loss that may arise due to User’s failure to share such request information and documents with the Company, or sharing late or inaccurately. The Company shall act as a prudent merchant, and show all due care to protect the User’s ID and bank information against potential cyber-attacks. If the account is acquired by unauthorized persons and used against Company’s services despite the fulfilment of this undertaking by the Company, then provisions of (4.14) of this agreement shall be applicable.
5.2. ID, address and bank information requested by the Company are being requested for compliance of the system with the Laws and legislation of the Republic of Turkey, and shall be shared with competent authorities upon request of such authorities. The Company undertakes that user’s ID, address and bank information shall not be shared with any real and/or legal person except for the foregoing cases. However, the Company may use, or share with third parties, or transfer to different media, the statistical anonymous information collected in connection with usage of the Site, other than the user’s ID, address and bank information, by keeping user’s ID, address and bank information confidential. The Company may re-authenticate the User’s ID in transactions exceeding a certain amount, in accordance with the Policy on Prevention of Criminal Revenue Laundry and Terror Finance. The Company may also implement tighter measures for Users considered risky as a result of risk-based assessment, and request additional information and documents from such Users. The User agrees that the business relationship may be terminated upon non-provision of the requested information and documents.
5.3. The User agrees that the Company shall be authorized to take all measures in connection with business relationships and transactions it may consider risky, based on matters related to prevention of “Laundry of Criminal Revenues”, “Terror Finance” and “Corruption”, matters in national or international legislation, regulations, and rules, and the Company may perform improvement/adaptation works in pursuance of advices, principles, standards and guidelines of national legislation and international organizations on risk matters, and within this framework, the Company shall not be a party to any act and/or transaction it considers risky, in any manner or capacity whatsoever, including but not limited to not making payments or process currency transfer requests, and may return any incoming transfers to the sender and may deny any payment related to crypto currencies, in relation with acts and transactions considered risky.
5.4. The Company is entitled to not accept the money transfers made by the users to the Company without reason. However, in such case, the Company shall return the money deposited by the users, according to the refund process set forth on the ‘Commissions’ page which is an integral part this agreement. The Company shall be entitled to request the presentment of ID, address and bank information for returning declined and unperformed transfers. The Company may not be held responsible for any loss or damage that may be incurred by the User during the time of delivery by the User to the Company, of the ID, address and bank information as requested by the Company for return of transfers declined by the Company.
5.5. The Company may unilaterally set the user’s depositing, withdrawal and settlement limits for GLDB or Turkish Liras. Considering risk assessment analyses, the Company shall be authorized to reduce or increase the User’s limits at any time and without prior notice. Such processes shall be posted on the internet site reasonably in advance.
5.6. If the Company sends GLDB or Turkish Liras to the user by mistake or error, or causing unjust enrichment, this shall be promptly notified to the user (via electronic mail, call, SMS etc.). If such amount paid is not returned by the User within 1 business day after such notification, the Company may close or suspend the User’s account, or terminate access for an indefinite period, without need for further notice or notification. In such case, the Company may debit the user’s account to the extent of such erroneous transfer, and initiate legal remedies. The User agrees and undertakes in advance that he/she irrevocably releases the Company on this matter. The Company reserves its right to claim direct or indirect damages incurred thereby.
5.7. The Company shall, in cases where it so suspects, be entitled to cancel, terminate or suspend all transactions of the users using memberships and the Site, and report such suspicious transactions to official authorities.
5.8. The Company shall perform the User’s money deposit and/or money withdrawals on the Site, as soon as technically practicable. The Company shall not be responsible for any loss that may be incurred as a result of non-performance or late performance of money deposit and/or money withdrawals in case of “force majeure” as listed in Turkish Code of Obligations and Turkish Code of Commerce.
5.9. The Company may not be held responsible for any loss or damage that may be incurred by the User as a result of any failure to perform money deposit – withdrawals due to failure to make the money deposit and/or money withdrawals using the Site at specified times, or to comply with security measures, or authenticate ID, or other reasons caused by the User.
5.10. The Company may cancel and/or revoke the transactions performed by Users, in order to fix the system as a result of technical errors and to ensure proper operation of the system, and may suspend the User accounts during such cancellation revocation. The Company may neither be held responsible and nor any claim may be asserted against the Company for losses that may be incurred as a result of such operations.
5.11. The Company may not be held responsible in any manner whatsoever for any technical failure on the internet site. The Company may not be held responsible for any loss incurred or may be incurred, directly or indirectly as a result of long-term or short-term technical failures.
5.12. The Company is entitled to make any change in the rules on money deposit and money withdrawals offered on the Site. The Company shall not be held responsible for any loss that may as a result of such changes. However, the Company undertakes to inform the User on amendments of the agreement, posting the changes on the User Agreement page on ***** internet site, which page is an integral part of this agreement and/or sending information e-mail or TEXT to the User. Company’s obligation to inform shall be completed upon using one of the notification means listed in this article. The Company may not be held responsible for any loss that may be incurred by the User as a result of User’s failure to follow the notifications of changes, and the User agrees, represents and undertakes that he/she irrevocably releases the Company from such losses.
5.13. As stated under the topic ‘Definitions’ of this agreement, the Company that provides the service of integrating one troy ounce of gold on Ethereum Platform is under no responsible for change in values of crypto currencies. The Company merely undertakes that you can buy 1 GLDB, a stable crypto currency created by it, which is supported by troy ounce gold, on its Website and Mobile Application, for 1 troy ounce of gold at all times, and that you can convert 1 GLDB into cash at 1 troy ounce of tangible gold, provided that your each conversion request amounts to a volume of either 1,000 troy ounces of 1,000 GLDB. Cost of 1 GLDB may vary due to commission to be charged by 3rd party institutions, and the value paid for 1 GLDB may be different from value of 1 troy ounce of gold. All losses and damages that may be incurred by the User due to changes in crypto currency values shall be borne by the User.
5.14. The Company is an enterprise that is independent from crypto currency trading platforms, all other enterprises trading in crypto currency, banks or financial institutions, and is not a representative and successor of any company, internet site or institution, and does not engage in cooperation with any real person or legal entity. Therefore, the Company may not be held responsible for any aggrievement of Users on other platforms, even though they refer to the Company and the Site and values owned by the Company.
5.15. To buy GLDB, the User transfers funds to the bank. The bank confirms the transaction and notifies the Company. The Company creates digital asset and transfers to Ethereum Wallet.
5.16. To convert GLDB into Turkish Liras, the User sends Digital to GLDB’s Wallet for conversion. The Company extinguished the Digital Asset to reduce total supply. The Company sends notification to the bank, and the funds are remitted to the user.
5.17. The Company may establish communications, including commercial communications, with the User on behalf of itself and/or 3rd Party companies for which it has obtained approval digitally from the user, including electronic or traditional methods.
5.18. The Company has taken all quality measures in accordance with the industry standards related to system, software and other technical conditions of the Website and Mobile Application. However, the Company may not be held responsible for the consequences of any cyber-attacks or intentional abuse of the Website and Mobile Application by any User or third party.
5.19. The Company spends maximum endeavours to ensure that the Website and Mobile Application run uninterrupted and free of errors. However, the Company neither guarantees that the services provided by the Website and Mobile Application will meet subjective User expectations, nor may not be held responsible for such matters.
5.20. The Company may provide links to internet sites of third parties, on the Website and Mobile Application, or refer to third party products or services. Such linked or referred services or products are not subject to review of the Company, and the Company is under no responsibility with regard to such services or products. Utilizing third party services or products is fully on the discretion of the User, and no claim or assertion may be claimed against the Company on this matter. The Company is under no responsibility as to the privacy practices and policies of such other site accessed through such links, or their content.
5.21. The Company is not a crypto currency exchange and does not keep by itself, or provide custody service for the users’ crypto currencies in any manner whatsoever. The digital wallet used on the Platform is managed by third party providers. The Company is under no responsibility with regard to transactions or claims between digital wallet providers and the User.
5.22. The Company is not a payment service provider. GLDB crypto asset that the Company offers merely constitute representation of 1 troy ounce of gold precious metal within Ethereum blockchain network. The User agrees and undertakes not to use GLDB for any payment. In any case, Article 4.28 of this Agreement shall be reserved.
5.23. GLDB is a domain host according to the Law on Regulation of Online Broadcasts and Combat Against Crimes Committed through Such Broadcasts number 5651; and is obliged to collect some information of the User such as the ınternet service provider and Internet Protocol (IP) address used to access the Platform, and the date and time of accessing the Platform.
5.24. The Company shall provide support services only via the ******* internet address and ****** electronic mail address. Except for these address, support service is not provided on Facebook, Twitter, Instagram etc. social media and forums. In support services to be provided on this address, neither passwords are asked from Users, nor crypto currency addresses are notified to users for sending crypto currency. No support service is given to users with any method other than this electronic mail address. By agreeing with the provisions of this article, the User agrees that he/she shall receive support from the Company. The Company shall not be held responsible loss that may be incurred thereby. The Company may not be held responsible for aggrievement of members of the site due to “pirate” sites using the company name or creation such impression. The User agrees, represents and undertakes that he/she irrevocably releases the Company on such matters.
ARTICLE 6: INTELLECTUAL PROPERTY
All content of the Website and Mobile Application including design and all visuals published on the Website and Mobile Application are under the protection of Company’s copyright, and may not be copied, reproduced, distributed or published in any format, or used otherwise without the Company’s written consent. Any misapplying User shall be subject to legal proceedings.
ARTICLE 7: THIRD PARTY LINKS
7.1. Sites may contain links to other sites owned or operated by third parties ("External Sites").
7.4. Links may not be construed in a way that any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on such External Sites or accessed through them are sponsored by GLDBase, or that they are associated or affiliated with GLDBase, or that GLDBase is legally authorized to use them.
ARTICLE 8: CHARGES
8.1. The Company shall announce the fees applicable for the services performed by users on the Site, in ‘Commissions’ section of the Site. The Company is entitled to charge the fees for the services of the Site which is an integral part of this agreement, from the users at the declared rates.
8.2. The Company is entitled to change the commission rate and service fee chargeable to the users at any time. Changes shall be announced by the Company on the ‘Commissions’ page of the Site. The Company is under no further obligation to inform the User on the changes in commission rates and service fees, through any communications means other than announcing on the ‘Commissions’ page.
8.3. Changes in commission rates and service fees as announced on the Site shall be effective as of the time of announcement. Any transaction performed by the User on the Site after the announcement of changes in commission rates and service fees on the Site shall be considered as consent of the User on such changes.
8.4. As the GLDB’s sent by the Company to the user are processed on the blockchain, they cannot be retrieved or cancelled, due to structure of blockchain. Likewise, GLDB’s sent by the user to the Company’s crypto currency wallet cannot be retrieved or cancelled. Consequently, the service fee arising from such transactions are non-refundable. The User may not hold the Company responsible and irrevocably releases the Company for transactions he/she considers to be performed erroneously.
8.5. Crypto currency transfers performed on the site cannot be retrieved. As crypto currency transfers are not retrievable, service fee and transaction fee charged by the Company to the user may not also be refunded. The User agrees and undertakes that he/she irrevocably releases the Company for transactions he/she considers to be performed erroneously.
8.6. The User represents and undertakes that he/she agrees with the ‘CHARGES’ provisions of this agreement in advance by becoming a member of the.
ARTICLE 9: TERMINATION OF THE AGREEMENT
9.1 The Company may terminate all services offered by the Company on the Website and Mobile Application under this Agreement, without cause and without any termination notice. The User may not have any claim upon such termination of the Agreement.
9.2 The User may close his/her account on his/her discretion. However, in such case, all information and data related to the user shall be retained for the legal periods in accordance with the legal legislation.
ARTICLE 10: LEGAL AND PENAL SANCTIONS
10.1. The User shall be deemed to have read and acknowledges all statements made or to be made by the Presidency, Ministries, Capital Markets Board, Banking Regulation and Supervision Agency and other administrative authorities in relation with all stable and other crypto currencies.
10.2. If the User uses the site for illegal purposes, the user shall be responsible for all legal and penal sanctions that may arise according to article (4.14) of this agreement. The User agrees, represents and undertakes that he/she irrevocably releases the Company on this matter. Upon suspension, permanent or temporary deletion, freezing etc. of the user’s account by the Company, the Company shall be entitled to prohibit reopening of an account by such person for an indefinite term.
10.4. If the Company determines that any article(s) of this agreement is violated by the User, but the Company does not terminate the agreement, or initiate legal remedies against the user, this may not be construed as waiver by the Company from such rights. The Company reserves all rights against all violations.
ARTICLE 11: APPLICABLE LAWS AND JURISDICTION
11.1. This Agreement shall be governed by the laws of the Republic of Turkey, and any dispute that may arise from usage of the Site and/or in relation with the terms and conditions in legal warning and/or in connection with this Site and/or this Agreement shall be resolved exclusively by Istanbul Courts and Enforcement Offices.
ARTICLE 12: CONFIDENTIALITY
12.1. The Company undertakes to keep the user’s information confidential and to take all relevant measures. However, upon request of information and documents by competent authorities under the laws of the Republic of Turkey, Decree Laws and all legislation, and in cases related to fulfilment and enforcement of the requirements of the Company’s agreements with users, such information and documents shall be presented to competent authorities. This shall not be construed as violation of confidential, and the Company may not be held responsible for any loss that may be incurred thereby.
12.2. In the following cases, the Company may act against this confidentiality clause and disclose the users’ information to third parties:
• requirement to comply with the Laws, Decree Laws, Regulations etc. applicable written rules of law issued by competent legal authorities,
• for fulfilment and enforcement of the requirements of the Company’s agreement with the users,
• upon request of information related users, by competent administrative and/or judicial authorities under a duly conducted inquiry or investigation,
• requirement to provide information in order to protect the Users’ rights or security.
12.3. GLDBase hereby undertakes to keep the confidential information provided to it strictly private and confidential, and that it assumes to keep such secrets as a liability, and that it shall take all necessary measures to ensure and maintain the confidentiality, and to prevent making public the confidential information fully or partially or disclosure to unauthorized users or a third person, and to fully perform its duties.
ARTICLE 13: FORCE MAJEURE
13.1 In case of events beyond the control of the parties such as natural disasters, war, mobilization, fire, strike and lock-out, internet disruption etc. force majeure specified by laws, and Government’s acts, legal regulations, which fully or partially, temporarily or permanently disrupt the working means of the User or the Company or both, neither the User nor the Company shall be held responsible for not fulfilling their obligations.
13.2 Irresponsibility of the User and the Company are limited to the timeframe that such events persist. In such case, neither the User nor the Company shall be entitled to any claim from each other for the loss that may be incurred as a result of delay or non-fulfilment of this agreement.
ARTICLE 14: DISCLAIMER
14.1. Each type of content offered on the site comprise the data collected from 3rd parties and publicly available sources. All data, analyses, reports, and statistics are processed by an automated software and offered objectively without any adjustment or instruction. All news and reports provided by the Company are for information and advisory purposes only, and do not involve any direct solution, conclusion, legal opinion, political and sociological research, and their conclusiveness is not guaranteed. Data may be conflicting and inconsistent with each other. The Company does not assume any responsibility in such cases.
14.2. Regarding any conclusion by any person or institution on the content offered by the Company, the Company does not provide any implicit or explicit guarantee as to merchantability, performance, marketability, or fitness for a particular purpose. All content is offered to the user “as is”. The Company may not be held responsible for any lost profit or lost that may arise from usage of the content. Any reference in the content provided by the Company, to any person / institution/company / brand do not constitute an advice to purchase, sell or hold any equity, or effecting such persons’ / institutions’ / companies’ / brands’ market values, rank in various criteria, or brand values.
14.3 This Agreement exclusively governs the relationship between the User and the Company arisen from the User’s usage of the Site, particularly but not limited to the Users buying or selling GLDB, and other any crypto currencies; and shall not govern the transactions executed on any External Sites, whether are decentralized or not, which concern or do not concern GLDB, or any other crypto currencies purchased by the User from the Company or owned by the User in any means. The Company does not grant any explicit or implicit guarantee, in any means, including but not limited to merchantability, performance, marketability and fitness to any purpose, or recommendation for GLDB’s, or any other crypto currency’s usage. The Company does not possess any control, power or effect over activities of fraud, forgery, rigging, spoof, price volatilies, market manipulation, error, bug, connection error, authentication error and any other incidents and cases, whether GLDB, or any other crypto currency have been used within them or not, which may affect the relevant GLDB transaction and/or incur loss over the User; therefore, the Company shall not be liable for any damage or loss suffered by the User arisen from such cases.
ARTICLE 15: MISCELLANEOUS AND FINAL PROVISIONS
15.1. All notices, approvals, requests and all other correspondences and notifications to be sent by the User to the Company or received from the User shall be made from the e-mail address stated during registry, or through the Site. E-mail communications shall constitute written communications. It shall be the user’s to keep his/her e-mail address current, and set Company’s e-mail address as secure e-mail address in order to ensure receiving e-mails, and to regularly check the Company for information. Notifications to the user’s e-mail address registered on the system shall constitute official notification in accordance with the Notifications Law and other laws, and the user represents and undertakes that his/her address is correct and available at all times.
15.2. Provisions of this Agreement are severable, and invalidity of any provision shall not affect the validity of other provisions in any manner whatsoever. If any provision of this Agreement becomes unenforceable or invalid under any new law or regulation, remainder of this Agreement shall not be affected thereby.
ARTICLE 16: EFFECTIVENESS AND ACCEPTANCE
16.1. The User agrees, represents and undertakes that, at the time of becoming a member of the Site, he/she has read and acknowledged all articles and paragraphs and subparagraphs of this agreement, comprising sixteen article and paragraphs, and that he/she approves all content and all provisions of this agreement. This agreement shall enter into force on the date of approval of the Agreement by the User, and shall cease upon termination of the Agreement by the Company or termination of the membership by the User.
16.2. Any user who does not accept the Agreement may neither become a member of the Site nor utilize the services. Otherwise the Company may not be held responsible for any loss accrued and/or may accrue.
16.4. Upon imposition of responsibilities or liabilities on the User by legislation or administrative regulations enacted by administrative authorities of the Republic of Turkey after execution of this Agreement, the User shall be obliged to fulfil such responsibilities and liabilities completely at the specified time.