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Cryptofy Exchange Membership Agreement

Parties

Cryptofy Exchange terms of use and annexes (hereinafter referred to as “agreement or conditions”) are between us and the “User” – for the purpose of determining the rights and obligations of each party in this agreement, the User becomes a member of the Platform, visit electronically at the time of purchase, installation or use of products and services.
Before or during your use of our services, please carefully read this text together with the Risk Notification Form, the Privacy Policy, the Clarification Text on the Processing of Personal Data and other policies and notices on the Platform (collectively, our “Policies”). Unless stated otherwise herein or in this regard, our terms and policies constitute the entire agreement between you and us regarding your use of the Platform.
2. Definitions

2.1 We/Our/Us/Us	refers to Gemcoins Exchange, located at the address of ……… and operating the crypto platform specified in this contract and providing crypto money trading service and other services specified in the contract.
2.2.Cryptocurrency	A digital currency that can be transferred and has the same value everywhere at the same time, cannot be controlled by a bank or company, has a decentralized structure, is based on blockchain technology, whose price is determined and changed in the markets formed by buyers and sellers, and does not qualify as electronic money. (virtual) entities.
2.3.Crypto Wallet	It is a computer file that contains cryptocurrency addresses and their passwords and is under the sole responsibility and control of the User. Cryptocurrency can be transferred between these addresses.
2.4.User/You	Any eligible natural person who visits, installs, uses or becomes a member of the Platform, regardless of whether he or she benefits from the services offered on the Platform.
2.5. Site	Refers to the website consisting of the domain name “https://gemcoins.exchange/” and the sub-domains connected to this domain name.
2.6.gemcoins Technology/Platform	Related mobile applications (“Applications”) and ecosystems created or operated by us from time to time, as well as the site where cryptocurrency-related services and products are offered to users by Gemcoins Exchange.
2.7. User account	Refers to the account where each user can register and open one at Gemcoins Exchange, enable identification and have one or more connected crypto wallets under his account.

3. General Terms
3.1. The Structure of Gemcoins Exchange
3.1.1. Gemcoins Exchange is essentially a cryptocurrency trading platform. On the platform, users buy or sell cryptocurrencies to each other by auction or deduction method. Gemcoins Exchange mediates these transactions through the Platform. However, Gemcoins does not set, adjust or actively influence the prices that occur on the ExchangePlatform.
3.1.2. Investing in cryptocurrencies is a risky economic activity. You declare and undertake that you know the risks of investing in cryptocurrencies, that you assume these risks, and that you will not hold Gemcoins Exchange responsible for any damages that may or may be caused by the investment. For more information on the risks of using Gemcoins Exchange, please see the Risk Disclosure Form.
3.1.3. Unless otherwise stated herein, we are the owner of all services, domain names, software codes, interfaces, content, product reviews, videos, algorithms, drawings, models, designs and all other intellectual and industrial rights related to the services provided/to be provided under this contract or the Platform (Third Except for content and applications provided by third parties. Copying, reproduction, dissemination, reverse engineering and infringement of the above intellectual and industrial rights are not permitted in any way.
3.2. services of Gemcoins Exchange
3.2.1. What you can do with the different services we offer you on the Platform are as follows;

(a) You may register, maintain and use the Platform with a user account that will be unique to you.
(b) You may open, maintain and use at least one crypto wallet under your user account where you can load and save gemcoins and other types of cryptocurrencies that will be accepted by us from time to time.
(c) You may voluntarily transfer cryptocurrencies to your crypto wallet or from your own crypto wallet to other users on the Platform.
(d) You may voluntarily convert the cryptocurrencies in your crypto wallet into other legal values accepted by us from time to time, or exchange it with other users on the Platform by other methods that may be accepted by us from time to time. You may access other services of our approved partners, or we may provide this to you from time to time.

3.2.2. For the avoidance of doubt, we are not affiliated with any financial services management such as depositing, withdrawing or transferring money in connection with fiat currencies, exchange of your cryptocurrencies on the Platform at the counter/box office. These services will be provided by a third service provider within the scope of service agreements and policies, and if you have any concerns or problems regarding these services, you should contact the relevant service providers. We are not responsible for any claims you may make within the framework of your fiat currency financial services. You declare that you understand and accept that you should direct such requests to the relevant service providers.
3.2.3. In order to comply with the legislation, leveraged transactions are not allowed on the Platform at the moment. By using our services at Gemcoins Exchange, you agree, declare and undertake that you will not charge interest for any cryptocurrency or fiat currency that you own or can trade, regardless of whether it is converted into investment.
3.3. User Membership Period
The User shall have the right to use the services offered/to be offered by Gemcoins Exchange under this Agreement only during the membership period.
3.4. Account Opening
3.4.1. Each user can only have one user account. The User may only use the Platform to benefit from the services described in this agreement. If it is determined that a user is using more than one user account, Gemcoins Exchange has the right to unilaterally take necessary and appropriate measures such as terminating the contract, not continuing for any transaction or blocking the transaction, suspending and blocking the user account(s).
3.4.2 The User is responsible for the complete, correct, up-to-date and non-misleading information provided while registering on the Platform. Gemcoins Exchange relies on and acts according to these statements given by the user in all transactions related to the user. In addition, the user is responsible for providing and verifying/proving the information and documents requested by the Gemcoins Exchange , both for making transactions and for realizing certain limit/transaction types after the registration process is completed. Otherwise, Gemcoins Exchange has the right to terminate the contract or take necessary and appropriate measures such as not taking any action, suspending and blocking the user account(s). If the information declared by the user changes, the user will inform Gemcoins Exchange as soon as possible and update the said information. Gemcoins Exchange is not responsible for any loss or damage caused by not fulfilling this obligation.
3.5. User Qualifications
3.5.1. The platform only serves real persons residing in the Republic of Turkey.
3.5.2. With this agreement, you declare and undertake that you are over 18 years old and have the capacity to act. If Gemcoins Exchange determines that you are under the age of 18, that your account is used by someone under the age of 18, or that you do not have the capacity to act, or if there is a reasonable doubt in these matters, Gemcoins Exchange will terminate the contract or not continue the transactions within the sole discretion of Gemcoins Exchange. has the right to take necessary and appropriate measures such as blocking / suspending your account.
3.6. Account Usage Rules
3.6.1. The User cannot transfer this Agreement to third parties without our consent, the obligations or rights arising from this Agreement. You may not sell, transfer, lease, authorize third parties or have third parties use your Gemcoins Exchange account by any other means without our approval. In case you violate the aforementioned provisions, Gemcoins Exchange has the right to terminate the contract or to take necessary and appropriate measures such as blocking/suspending your account within the unilateral discretion.
3.6.2. The user undertakes that he will not act on his own behalf but on behalf of someone else. The user undertakes that he acts on his own behalf and on his own account, and that he will not act on the account of someone else. Otherwise, the User; Unauthorized, erroneous transactions, unfair, unlawful use of third parties, fictitious, illegal, etc. accepts and declares that it will not have any legal / criminal liability, including transactions, and that it has the right to terminate this Agreement unilaterally.
3.6.3. If the User wishes to appoint a person as a representative with a power of attorney issued by a notary public and containing special authorization to use his rights arising from this Agreement, the representative can use these rights only with the prior permission of Gemcoins Exchange. Matters like this are at the sole discretion of Gemcoins Exchange. In the event that Gemcoins Exchange approves the above-mentioned power of attorney, the User is responsible for all transactions, behaviors and the results of these transactions and behaviors made by this representative. However, in case of dismissal or resignation of the representative, this matter must be notified in writing to Gemcoins Exchange in advance by the User. In case of delay of this notification, all legal responsibility arising from the transactions realized until the date the written notification reaches Gemcoins Exchange is on the User.
3.6.4. The User will only use the services provided by us (including but not limited to transacting through the Platform) for lawful purposes. In the event that the Platform or any service is used for illegal purposes by the User, or if a suspicious transaction is detected, Gemcoins Exchange is authorized to cancel the transaction performed by the User, restore it, terminate the Agreement immediately or take other appropriate security measures. The legal and criminal responsibility arising from the use of the account and services for illegal purposes belongs to the User.
3.7. Account Security
You are responsible for maintaining the username and password for your user account. You should not share your username and password with other people, otherwise you are responsible for any damages and losses that may occur. We are not responsible for any damages incurred by you as a result of any unauthorized person accessing your account and using the services we provide through your account.
You must ensure the security of your user account. In order to protect your user account; (i) using a strong password, (ii) not sharing your username and password with anyone, (iii) using a platform-specific password, (iv) always connecting to the Site via "https", and (v) accessing the Platform < a href="https://www.gemcoins.exchange">It is strongly recommended that you use https://www.gemcoins.exchange and/or check the Application identification information.
3.8. User's Rights and Obligations
3.8.1. The User is legally and criminally responsible for all transactions and actions performed on the Platform. The user accepts that he knows that it cannot be canceled or withdrawn after the instructions given by him or the execution of the actions taken. Unless otherwise stated in the Platform Policies, Gemcoins Exchange only provides brokerage services for crypto money transactions and related technical services between different users and does not take any action as a party to them. Therefore, Gemcoins Exchange has no legal or administrative responsibility as a party to any transaction. The responsibility arising from the execution of the instructions given by any User in connection with the purchase / sale or other services is specifically on the User. However, the User is responsible for damages and losses arising from transactions based on incorrect or erroneous instructions.
3.8.2. Responsibility arising from the transfer of your cryptocurrencies exchanged on the platform and transferred to any crypto wallet belongs to the User / You. The user is also obliged to take the security measures for each crypto wallet. Gemcoins Exchange cannot be held responsible for incorrect crypto money transfers between crypto wallets belonging to different users, and all responsibility will belong to the User who made the incorrect transfer. Again, according to the technical characteristics of cryptocurrencies, the responsibility of incorrect submissions due to incorrect entry of the information that must be entered during the transfer belongs to the user. For this reason, before sending your buying/selling instructions, you should carefully check the technical information about cryptocurrencies that must be entered during the transfer. Otherwise, all losses, damages and responsibilities due to incorrect information will be on you. Therefore, you accept, declare and undertake that you irrevocably release Gemcoins Exchange for faulty transfers for all cases other than our intent or gross negligence.
3.8.3. You are responsible for all activities performed on behalf of your user account subject to this Agreement and for all legal liabilities (including but not limited to tax liabilities) arising from such activities. You agree, represent and warrant that if we assume other obligations arising out of or related to the above-mentioned activities, by Law or Government order, you will compensate us for all losses and damages in an acceptable manner. Accordingly, you agree that we are entitled, at our sole discretion, to take all reasonable measures to comply with such obligations, including, without limitation, the freezing or forced transfer of your assets.
3.8.4. The instructions given by the user will be carried out only if there is a demand within the market conditions. Therefore, just giving an order (stop limit or other limits or orders) does not mean that the order will be executed. Gemcoins Exchange has no commitment in this regard.
3.8.5. In the transfers made by the user to the wallet in Gemcoins Exchange, only the crypto asset types listed in Gemcoins Exchange will appear in the wallet. In case of transferring crypto asset types that are not listed on the Gemcoins Exchange Platform; You may request a refund of the transfer or its conversion to another listed asset, at Your/User's expense.
3.9 Rights and Obligations of Gemcoins Exchange
3.9.1. As a prudent trader, we are under an obligation to act with reasonable effort to keep your cryptocurrencies safe. However, we will not be held responsible for any theft / fraud / cyber attack that may occur despite our best efforts.
3.9.2 As Gemcoins Exchange, we provide support services through ……………… or other communication channels. Unless otherwise stated in our policies, Gemcoins Exchange does not ask for passwords in support correspondence or for you to transfer cryptocurrencies or fiat money on behalf of us or a third party. Gemcoins Exchange cannot be held responsible for the damages and losses of the User that are not caused by or caused by the aforementioned communication sources.
3.9.3 Gemcoins has the exclusive authority to determine the types of crypto assets that it mediates on the Exchange Platform. From time to time, it may remove the listed crypto-asset types from the list or add other crypto-asset types it accepts. For the types of crypto assets to be removed from the list, the User will be notified in a reasonable period of time, and if the User does not take action within the specified time upon this notification, the crypto asset will be sold at the current price and transferred to the User's account in return for sale. There is no responsibility to be attributed to Gemcoins Exchange in this regard.
4. Limitation of Liability and Disclaimer
4.1. Risks
4.1.1. Investing in cryptocurrencies is a risky economic activity. You acknowledge that you are aware of the risks of investing in cryptocurrencies, that you assume the risks associated with the activities subject to this Agreement and that we remind you both here and in the Risk Disclosure Form (including the execution of transactions) and that you are free from any damages (including cryptocurrency price fluctuations) that may be caused by these risks. You expressly declare, accept and undertake that you will not hold Gemcoins Exchang responsible.
4.1.2. The user will make the decision to trade by examining the attributes, type and characteristics of the crypto asset to be invested. It is the User's own responsibility to conduct detailed research on this matter. Gemcoins Exchange has no responsibility or commitment in this regard.
4.2. General Provisions on Limitation of Liability
4.2.1. Gemcoins Exchange is essentially a cryptocurrency trading platform. On the platform, users buy or sell cryptocurrencies to each other by auction or deduction method. Gemcoins mediates these transactions through the Exchang Platform. However, Gemcoins does not set, adjust or actively influence the prices formed on the Exchang Platform. Gemcoins Exchange cannot be held responsible for the losses and damages of the Users caused by price changes.
4.2.2. Unless caused by intent or gross negligence of Gemcoins Exchange, Users are not responsible for any loss or damage caused by their transactions on the Platform.
4.3. Content Not Provided By Gemcoins Exchang
4.3.1. Any content available on the platform consists of data collected from third parties and publicly available sources. All data, analyses, reports, statistics are processed and presented objectively by a software that has automatically processed the information without any editing or direction. All kinds of news and reports presented on the platform; It is intended for information and advice only and does not contain direct solution, conclusion, legal opinion, political and sociological research information and its exact accuracy is not guaranteed. Data may be conflicting or inconsistent with each other. You agree that Gemcoins Exchang is not obligated to provide or show you any information containing content from third parties or publicly available sources. Gemcoins Exchange does not take any responsibility in such cases.
4.3.2.Gemcoins Exchange provides no warranty, express or implied, to any user regarding the results to be obtained from the content provided, including any warranties of merchantability, performance, marketability, fitness for a particular purpose, or fitness for a particular purpose. does not. All content is provided to the user "as is". Gemcoins Exchange cannot be held responsible for lost profits or negative damages that may arise from the use of the content. In the content offered by Gemcoins Exchange, a reference to any person / institution / company / brand will affect the market values of these people / institutions / companies / brands, their rankings in various criteria, brand values or a recommendation to buy, sell or hold stocks. it is not in nature.
4.4. Technical Issues
4.4.1. Gemcoins Exchange fulfills the transaction instructions given by the User regarding the services in this Agreement within a reasonable time. However, Gemcoins Exchange is not liable for any damages resulting from the failure to execute these instructions within a reasonable time due to technical reasons, force majeure, temporary impossibility or other reasons not caused by Gemcoins Exchange or controlled by Gemcoins Exchange.
4.4.2. Gemcoins Exchange cannot be held responsible in any way for technical malfunctions that may occur on the Platform. Gemcoins does not warrant that the Exchang Platform is or will operate without errors. However, it makes the utmost effort to ensure the smooth functioning of the Platform.
4.4.3. Gemcoins Exchange may carry out periodic maintenance and updates when it deems appropriate for the healthy operation of the Platform, by notifying the Users in a reasonable period of time. The user cannot claim that damage has occurred due to unfulfilled transactions and unfulfilled instructions within this time frame.
4.5. User Misuse / Abuse / Misuse
Gemcoins Exchange Cannot be held responsible for any damages and losses incurred or to arise due to the misuse of Cryptocurrencies purchased or sold by the User or other services received under this Agreement. Gemcoins Exchange may fail to follow the User's transaction instructions and cancel the transaction in any suspicious situation. Due to all these situations, it is not possible for Gemcoins Exchange to be held responsible for the losses and damages of the User.

5. Rights / Claims
5.1. Technical Faulty Transactions
If your transactions occur at unrealistic prices – due to technical errors – Gemcoins Exchange may cancel or eliminate these transactions or take other measures necessary for the system to function properly. If any payment has been made, your User Account may be frozen during the cancellation and elimination processes and a refund of the unfair payment may be requested. Gemcoins Exchange has the right to take any legal action if the said payments are not returned. In this context, you agree that Gemcoins Exchang has the right to collect the relevant amount of Cryptocurrency or assets equivalent to the loss for us or any other loss from your User Account, when the claim for loss due to these transactions is made by Gemcoins Exchange or another Gemcoins Exchange User. Due to such situations, Gemcoins Exchang does not have any responsibility and it is not possible to make a request from it.
5.2. Exercise of Rights/Claims
In terms of the claims of Gemcoins Exchange arising from this Agreement or any other legal reason; It has the right to directly collect its receivables on your receivables, assets and goods, as well as the right to set off and exchange.
6. Non-Financial Recommendations
6.1. Non-Investment Recommendations
Nothing in this Agreement constitutes investment advice and does not qualify as investment advice
6.2. No Consulting Service
Gemcoins Exchange does not undertake to provide consultancy to the User and to engage in any activity that can be described as consulting activity.
7. Pricing
7.1. Gemcoins Exchange has the right to receive a commission (service fee) from its users at a rate determined by unilateral discretion, within the framework of the services it provides, including but not limited to every purchase and sale transaction.
7.2. Gemcoins Exchange specifies the fees and commissions to be determined for the services to be provided under this contract on the Site or in the application.
7.3. Cryptocurrency transfers are non-refundable unless otherwise stated here or in the Policies. Therefore, commissions and transaction fees charged by Gemcoins Exchange are also non-refundable. Users do not have the right to demand the refund of these fees.
7.4. Gemcoins Exchange reserves the right to change the types, amounts and rates of these fees and commissions from time to time without prior notice. These changes are implemented after they are posted on the Platform. The fee table for services is an integral part of this contract.
8. Privacy Policy
8.1. Compliance / Acceptance
The parties accept, declare and undertake that they will act in accordance with the legislation on the protection of personal data.
8.2. Personal Data We Collect
Depending on your interactions with us, the choices you make, and the products and features you use, Gemcoins Exchange may detect, collect and record different personal data, including but not limited to the following.
8.2.1. Your personally identifiable data that you voluntarily provide to us when registering and/or completing identity verification on the Platform or Apps.
8.2.2. To comply with regulations such as Anti-Money Laundering, Customer Recognition and Prevention of Terrorist Financing, Global Industry Regulatory Standards and local regulations, you may obtain identification documents, source of funds certificates, documents of use of funds, etc., before or during your use of certain services.
8.2.3. Your personal data regarding your use of the Services;

(a) The dates and times you log into or use the Platform
(b) device identification such as your IP addresses, types, models, operating systems; Browser information and device manufacturers from which you access the Platform.
(c) Comprehensive demographic information and
(d) Other transaction information at our sole discretion,

8.2.4. Your personal data in or relating to any communications you transmit to us or generated through the use of the services.
8.3. Transfer of Personal Data
Gemcoins Exchange undertakes that it will not transfer the User's personal data to third parties, except for the legal obligations specified in the Clarification Text on the Processing of Personal Data or the express consent of the user.
8.4. Processing of Personal Data
8.4.1. Personal data provided by the user cannot be used for any purpose other than those specified in the Agreement and the Clarification Text on the Processing of Personal Data.
8.4.2. Personal data may be processed by Gemcoins Exchange for – but not limited to – the following purposes;

(a) To provide and maintain the Services and to authenticate each user,
(b) To share with our agents, service providers or other people with whom we do business in order to keep our performance high,
(c) Ensuring and improving the security of the system, user accounts and our services,
(d) Enforce this Agreement and other policies,
(e) To comply with legal obligations, regulations or court requests and orders to combat fraud and to respond to reasonable requests from our users,
(f) We primarily use it to develop and display (and work with third parties who do) content and advertising tailored to your interests or location and to measure its effectiveness.

8.4.3. Gemcoins Exchange can cooperate in various ways with many third parties to enable more effective use of its tasks and services. This cooperation may be through advertising, sponsorship, authorized marketing, data sharing and other legitimate commercial means.

8.5. Third Party Links
Gemcoins Exchange will be able to redirect users to third party sites. Gemcoins Exchange has no responsibility for the data collection, processing, transfer of such third party sites or the content of such sites. For more information, please refer to the policies and privacy practices of those third parties accessed via this link.
8.6. Privacy
Gemcoins Exchange accepts to keep the confidential information given to it strictly private and confidential, accepts it as an obligation to keep it a secret, and takes all necessary measures to ensure and maintain confidentiality, to prevent all or any part of confidential information from being disclosed to the public or disclosed to an unauthorized user or a third party. and undertakes to show all the care that falls on it.
9. Validity of Records
In disputes that may arise from or in connection with this Agreement, the electronic and system records, commercial records, ledger records, microfilm, microfiche and computer records kept by Gemcoins Exchange in its own systems, database, servers shall constitute reliable, binding, conclusive and exclusive evidence, and You accept, declare and undertake that the article is in the nature of an evidential contract within the meaning of Article 193 of the HMK.
10. Termination of Contract and Force Majeure
10.1. The parties can terminate this agreement at any time without giving any reason and by giving 1 day notice.
10.2. Force majeure within the scope of this contract; shall be interpreted as events beyond the reasonable control of the relevant party, including but not limited to natural disasters, riots, epidemics, wars, strikes, lockouts, failures caused by telecommunications infrastructure, power outages and bad weather conditions. 10.3. During the force majeure, the actions of the Parties are suspended.
10.4. Neither party will be liable for any damages that may arise in the event that the obligations of the parties arising from this contract cannot be performed at all or are performed late due to "force majeure".
11. Applicable Law and Dispute Resolution
11.1. This Agreement is governed by and construed in accordance with the Laws of the Republic of Turkey.
11.2. Istanbul (Çağlayan) Courts and enforcement offices are authorized in all disputes arising from or in connection with this Agreement.
12. Effectiveness and Acceptance
12.1. This contract is between Gemcoins Exchange and the User; It has been concluded electronically as a result of the user filling out the information fields on the Platform and then clicking the "Start My Membership" tab. However, the obligations arising from this contract come into effect after we confirm the accuracy of the information provided by the User during the membership process.
12.2. You accept, declare and undertake that you have read the entirety of these Terms of Use, the Risk Notification Form, the Clarification Text on Personal Data and the Privacy Policy, that you fully understand the content and that you approve all the provisions.
12.3. If you request, we can send a copy of the Agreement, Risk Notification Form, Clarification Text and Privacy Policy to your e-mail account.
12.4. We reserve the right to change these terms or our policy at any time in our sole discretion. Unless otherwise stated in the relevant notice, changes in this direction will be effective as of 00:00 on the fifth (5) day from the date of publication of the relevant notice on the Platform or the Applications. Your continued use of the Platform following any such change means that you accept the then-current terms. Please check the expiry dates of each of these terms and policies regularly to be aware of any updates or changes herein.
12.5. If you do not accept the terms of this Agreement, you may not use the Platform and the services provided through the Platform. Otherwise, Gemcoins Exchange services cannot be held responsible for any damages that may arise or may be incurred by your unauthorized use or use.
13. Miscellaneous Terms
We declare that we have obtained the authorization to use "Gemcoins Exchang" and its brands from the relevant Gemcoins Exchange Company. For the avoidance of doubt, such authorization will not be construed as a joint venture that we form a partnership with or operate the Platform with the licensor, nor will anything in the terms imply that we are planning to form a partnership, joint venture with the licensor, or that we are liable for our debts; or cannot be interpreted.

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