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User Agreement

Contents

  1. Parties
  2. Definitions
  3. Representations and Warranties
  4. Rights and Obligations
  5. Fee Policy
  6. Disclaimer of Liability
  7. Other Provisions
    7.1. Effectiveness
    7.2. Amendments
    7.3. Severability
    7.4. Notifications
    7.5. Language of Agreement
    7.6. Applicable Law and Jurisdiction

1. PARTIES

This User Agreement is executed by and between Rain Yazılım ve Ticaret A.Ş. (“Rain Turkey”) and User, with a view to determining the Parties mutual rights and obligations while using the services provided at the Website.

2. DEFINITIONS

AML and KYC Policy: means the Anti-Money Laundering (AML) and Know Your Customer (KYC) Policy prepared and implemented by Rain Turkey within the framework of the legislative compliance program.

Legal Disclosure: means the Legal Disclosure prepared by Rain Turkey in accordance with the Personal Data Protection Law No.6698 to inform data subjects.

Parties: Rain Turkey and the User is referred to solely as the Party, together as the Parties.

Platforms: refers to the website www.rainturk.com belonging to Rain Turkey and mobile application.

Rain Turkey: means Rain Yazılım ve Ticaret Anonim Şirketi and is also referred to as We / Us in this Agreement.

Services: means services of Rain Turkey including but not limited to purchase, sale, distribution, promotion, and marketing of all kinds of products and services within the limits of the applicable law; organizing auctions, making announcements on the website, making exports and imports.

User: means the real persons who sign up to Platforms.

User Agreement: means this user agreement and all its annexes which constitute an integral part thereof and is also referred to as the Agreement.

3. REPRESENTATIONS AND WARRANTIES

  1. The User declares and accepts that this User Agreement is the only agreement between him/her and Rain Turkey regarding Services and supersedes all previous agreements executed in relation to the provision of Services.

  2. Rain Turkey accepts or aims to accept the Users only from Turkey. By creating a user account through Platforms, the User represents and warrants that he/she is resident in Turkey.

  3. The User represents and warrants that he/she: (i) is of legal age to form a binding contract in the Turkey, which is at least 18 years old (if the legal age in user’s country of residence is higher, at least); (ii) has not previously been suspended or banned from using Services; (iii) has full power and authority to enter into this User Agreement and in doing so will not violate any other agreement by entering into this User Agreement; (iv) is not restricted from using the Services under the applicable law; and (v) will not use Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms and if he/she registers to use the Services on behalf of a legal entity, you represent and warrant that (a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (b) you are duly authorized by such legal entity to act on its behalf.

  4. By using the Platforms and placing transaction orders, the User declares and accepts that he/she has sufficient information to place such transaction orders.

  5. The User accepts that access to and use of the Services is in his/her responsibility and that the risk of loss may be high in the purchase and sale of digital currencies. The User declares and undertakes to consider the following risks while accessing or using the Platforms:

    • Losses may occur over a short period of time based on a number of factors, including, but not limited to, fluctuations in the price and liquidity of digital currencies, changes in applicable law, a lack of financial regulation or deposit insurance protection, a lack of recognition of digital currencies as legal tender or lack of government backing;

    • Transactions in digital currencies may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions will not be recoverable, and some digital currency transactions may be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction, rendering “stop” orders or cancellations ineffective in some cases;

    • The value of digital currencies may be derived from the continued willingness of market participants to exchange fiat currency or digital currencies for digital currencies, which may result in the potential for permanent and total loss of value of a particular digital currency should the market for that digital currency disappear; and

    • The nature of digital currencies may lead to an increased risk of fraud or cyber-attack and may mean that technological difficulties experienced by Rain Turkey may prevent the access to or use of digital currencies.

This declaration is not organized as a comprehensive list of all risks associated with the use of digital currencies and Platforms. The User should carefully consider whether this type of trade is suitable for him/her when he evaluates his/her conditions and financial resources.

  1. The User declares and accepts that he/she will not use his/her account for the following activities ("Prohibited Uses"):

    • Use Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying Services, or that could damage, disable, overburden or impair the functioning of Services in any manner;

    • Use Services to pay for, support or otherwise engage in any illegal gambling activities; fraud; money-laundering; or terrorist activities; or other illegal activities;

    • Use any robot, spider, crawler, scraper or other automated means or interface not provided by Rain Turkey to access Services or to extract data;

    • Use or attempt to use another user’s account without authorization, or to threaten, abuse, harass, stalk or otherwise violate or infringe on the legal rights of others, or to incite hateful, intolerant or violent speech or acts against another party;

    • Attempt to circumvent any of Rain Turkey’s controls or technology, or attempt to access any service that is not authorized to access;

    • Develop any third-party applications that interact with Services without Rain Turkey’s prior written consent;

    • Create or execute false, fraudulent, inaccurate, or misleading information, transactions or activities, including, but limited to, any manipulative or pre-arranged trades; and

    • Encourage or induce any third party to engage in any of the activities prohibited under this Section.

Prohibited Uses includes the use of the Services in connection with the following businesses, activities, practices or items: (i) investment and credit services; (ii) restricted financial services; (iii) intellectual property or proprietary rights infringement; (iv) counterfeit or unauthorized good; (v) regulated products and services; (vi) drugs and drug paraphernalia; (vii) pseudo-pharmaceuticals; (viii) substances designed to mimic illegal drugs; (ix) pornographic or obscene content and services; (x) multi-level marketing; (xi) unfair, predatory or deceptive practices; or (xii) high risk business ventures.

  1. The User declares and accepts that Rain Turkey does not give him/her any legal advice regarding taxes or investments, that Rain Turkey does not have any services in this context, and that he/she takes all the decisions he/she makes on these matters.

4. RIGHTS AND OBLIGATIONS

  1. Each user can have only one account on the Platforms. If it is determined that this is not the case, Rain Turkey has a right to suspend and cancel accounts of the User without notice.

  2. Rain Turkey owns intellectual industrial property rights of Platforms that provide the services, software codes, content, domain names, designs, logos, and all other (except content and applications provided by third parties). All rights belonging to Rain Turkey that are not listed here are reserved.

  3. The account created by the User belongs only to himself/herself and the account cannot be sold or transferred to a third party. Rain Turkey has the right to cancel, suspend or freeze the account if the account is used by a third party under any name. The actions taken by Rain Turkey in relation to the user account will not affect the User's digital currency assets.

  4. In line with the AML and KYC Policy, Rain Turkey reserves the right to deny the activate relevant user account if the user candidate does not provide or identification could not be made despite providing the above information or sufficient information about the source of funds of the user candidate cannot be obtained. If a reasonable doubt arises later about the adequacy and accuracy of the User's identity information, whose account was created in line with the information previously provided, Rain Turkey has the right to suspend the user's account, unless this reasonable doubt is removed. The discretion of reasonable doubt lies with Rain Turkey.

  5. The User accepts and undertakes, without Rain Turkey's prior written consent, not to modify, copy, reproduce, retransmit, distribute, sell, publish, create or store derivative works from source code or similar proprietary or confidential data or other similar information provided through the Platforms or showing Rain Turkey's logo or other trademarks or service marks.

  6. The User is obliged to make money transfers through his / her own bank account. Rain Turkey has the right to cancel the transaction in case Rain Turkey evaluates the transactions as suspicious.

  7. At Rain Turkey's sole discretion, if the User's account mobility is deemed outside the scope of its normal activity, Rain Turkey may seek approval from the User in secondary electronic, verbal, written or otherwise, before taking the necessary measures.

  8. Incorrect pricing may occur in digital currencies due to technical failures in the Platforms or third-party services that provide services to the Platforms. In these cases, Rain Turkey has the right to cancel the transactions made during the said period in order to correct the pricing and to ensure that the Services reach the User correctly, to suspend the accounts that have made transactions due to incorrect pricing, and to request the refund of these payments if the payments have been made in line with the transactions made to the said accounts. In the event that payments made in line with these transactions are not returned to Rain Turkey, it has the right to take any legal action.

5. FEE POLICY

  1. Rain Turkey will publish its fee policy related to the Services on the Platforms’ Fees & Commissions section. The help section of the site can be reached at [email protected] Fees will be effective from the moment they are announced in the help section.

  2. Rain Turkey is entitled to receive a percentage-based commission determined by itself on every purchase and sale transactions (service fee) from its users. Rain Turkey has the right to make changes on these fees and rates from time to time.

  3. Rain Turkey is entitled to receive a fee determined by itself on each Turkish Lira withdrawal transaction. The User will be deemed to have accepted the payment of this transaction fee upon acceptance and approval of this User Agreement.

  4. Digital currency transfers are non-refundable, so it is not possible to refund the commission or transaction fees allocated by Rain Turkey, and the User do not have the right to request a refund of these fees.

6. DISCLAIMER OF LIABILITY

  1. The User's transaction history is available on Rain Turkey and the User is responsible for tracking the user account and protecting the password and username. The User must report unauthorized and suspicious transactions of all kinds to Rain Turkey immediately, using the contact information listed below. Rain Turkey is not liable for any damages resulting from account theft or use by unauthorized persons.

  2. The User will only be able to use the account created on the Platforms in accordance with the AML and KYC Policy and the Applicable Law. Rain Turkey will not be responsible for any actions taken by the User. Rain Turkey will be able to take the necessary measures and use all of its legal rights in case of the detection of a breach.

  3. In accordance with the AML and KYC Policy, the legal and criminal responsibility of all transactions carried out through the Platforms is the User's. Rain Turkey is not responsible for the User's transactions. Due to the nature of digital currencies, it is not possible to determine how digital currencies purchased through the platforms are used, to whom they are transferred, and whether they are used in a crime. As stated in the AML and KYC Policy, Rain Turkey is not liable for direct or indirect, negative, or positive damages arising from the misuse of digital currencies.

  4. Rain Turkey will occasionally perform identity verification and confirmation procedures for the deposits and withdrawals of digital currencies made by the User. These procedures may also include requesting the bank account information of the person holding the account.

  5. In the event of planned or unplanned interruptions in the internet network used by the User during the transactions made through the platforms, the completion of the transaction may be delayed. Rain Turkey is not responsible for any delay in deposits or withdrawals with digital currencies.

  6. Rain Turkey has the authority to determine the rules regarding deposits and withdrawals to user accounts on the Platforms and to make changes at any time.

  7. The User is informed about the security measures that can be taken against existing risks when deemed necessary. However, Rain Turkey will not be held responsible for any direct or indirect damages that the User may encounter, even if they act in accordance with the recommended security measures.

  8. It is accepted that all transaction instructions made by the User are faultless and deliberate transaction orders, and these transactions are under the responsibility of the User.

  9. Rain Turkey makes the necessary effort as a prudent merchant to ensure the security of the User's digital currencies. Despite the measures taken by Rain Turkey, Rain Turkey is not responsible for any attacks against digital currencies of User.

  10. Rain Turkey is not responsible for direct or indirect damages arising from technical failures in the Platforms or third-party services that provide services to the Platforms.

  11. The User is obliged to deposit and withdraw money from his/her account within the specified periods. Rain Turkey is not responsible for any direct or indirect damages that may arise if these transactions are not carried out on specified time periods.

  12. In the event that Rain Turkey is acquired by or merged with a third-party entity, Rain Turkey reserve the right to transfer or assign the data it has collected from the User.

  13. Support services are provided only through the [email protected] e-mail address. Any requests made through any channel other than this address do not belong to Rain Turkey. This clause is a notification to the User, and Rain Turkey cannot be held responsible for any direct or indirect damages incurred by the User due to an e-mail sent from any e-mail address other than the e-mail address specified above.

7. OTHER PROVISIONS

  1. Effectiveness: Due to its nature, this User Agreement will remain valid even after termination or termination.

  2. Amendments: Rain Turkey, has the right to unilaterally amend and update any and all terms and conditions contained in this Agreement without the requirement of a prior notice.

  3. Severability: In the event that one or several of the provisions of this User Agreement becomes invalid, illegal, unenforceable, or inapplicable in whatever manner, the validity, legality, or applicability of the other provisions will by no means be affected or altered.

  4. Notifications: The User accepts that the e-mails sent to the e-mail address registered in his/her account will replace written notification.

  5. Language of Agreement: Notwithstanding any other provision of this User Agreement, any translation of this User Agreement is provided for your convenience. The meanings of terms, conditions, and representations herein are subject to their definitions and interpretations in the Turkish language.

  6. Applicable Law and Jurisdiction: This User Agreement shall be interpreted in accordance with the laws of the Republic of Turkey. Istanbul Çağlayan (Central) Courts and Execution Offices are authorized to resolve all disputes that may arise from the use of the Site and / or regarding the terms and provisions contained in this User Agreement.

Rain is headquartered in İstanbul.

All rights reserved. © Rain Yazılım ve Ticaret A.Ş. Mersis No: 0734-1971-3980-0001

Reşitpaşa Mahallesi
Eski Büyükdere Caddesi, Windowist Tower, No:26/87
Sarıyer / Istanbul
Turkey

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