[Last revised: 24 April 2020]
In this user agreement, legal questions such as “how the personal data and information of the users are going to be transfered, processed, saved and protected” into the website of BITUBU of BITUBU Technological Anonymous Company Located in Pendik District of Istanbul Province, Yenişehir District, Sümbül Sokak, Sweet Life Center 6/1 A Blok D: 40 are explained and under legal norms as in The Law on Protection of Personal Data 6698 and General Data Protection Regulation GDPR and therefore the legal necessity of informing the users is fulfilled. Legal processes and transactions regarding the processing and storage of personal data and all contractual works and transactions arising from this user agreement are deemed legitimate and lawful with the EXISTENCE OF THE CONSENT that is given in this user agreement as the article 5 of KVKK numbered 6698 states. The conditions that the users are going to consent is explained below and for the conditions that are not mentioned, provisions of the positive legislation apply.
ARTICLE 1 - (1) This contract is concluded between the "COMMERCIAL ENTREPRENEUR" (it will be referred to as "BITUBU") and the "USER" with the adjective "consentor", and will result in terms and conditions between the two parties within the framework of integrity rules. The party mentioned under the name of COMMERCIAL ENTREPRENEUR, the website named BITUBU Technology A.C. which is independent and has no commercial partnerships, The company is called BITUBU and the other party is called USER meaning people who want to use BITUBU and website mentioned above and it’s services.
(2) The user agreement is only valid if the both parties consent in the formality that is considered appropriate by the law. The procedure explains that the user accepts the contract electronically or physically. The consent in the electronic medium occurs when the user uses the “agree” button provided by the app.
The Subject of the Agreement and it’s Extent
ARTICLE 2 - (1) The contract includes the principles for the regulation of the rights and obligations of the parties and principles regarding fulfillment of the clearence obligation under the law KVKK (6698), 6098 of Turkish Law of Obligations and the issues with which users have clear consent.
(2) Every condition mentioned by the contract makes both parties liable and responsible with its essence and word; each party is responsible for being aware of their own rights and obligations. In addition to this, 6698 - Law on Protection of Personal Data, GDPR and 6098 - With the Turkish Code of Obligations numbered 6502, the mandatory and regulatory provisions of other legal regulations are applied, including the provisions of the Law on Consumer Protection.
(3) As for the matter of the process of the personal data by BITUBU, as it is stated clearly in the law numbered 6698, in the conditions that is mentioned below, no additional consent will be required.
- If the data is processed in ways that is clearly stated by laws
- In cases where it is compulsory to protect the user or anyone else's life or body integrity of a person who is unable to disclose his consent due to de facto impossibility or whose consent is not given legal validity.
- In cases when the processing of personal data belonging to the parties mentioned in the contract is necessary, when it is directly related to the establishment or performance of the contract.
- In cases where it is mandatory for the data controller to fulfill its legal obligation.
- In cases where the data is publicized by the user himself.
- In cases when the data is required to establish, exercise, or protect someone’s right.
Rights and liabilities of the parties
ARTICLE 3 - (1) By being a consenting party to this user agreement, the user states that the BITUBU will be able to deliver the information requested in a complete, accurate, useful and up-to-date way based on the necessary reasons and aware that this data will be processed and saved in lawful ways and purposes .
(2) The users are considered over 18 that have full legal validity of consent and therefore, as the Turkish Civil Law numbered 4721 article 11 states, they are considered as adults. The responsibility that arises from the transactions of non-adult or people without full legal valid consents are directly related to their legal representatives and BITUBU does not have any responsibility in this regard. In addition to this, legal representatives of minors or people without full legal valid consent are responsible for any damage that may arise due to these people using BITUBU.
(3) By accepting the user agreement, the user states that he/she is an adult and consents that BITUBU will collect, use, store and process information and data in any manner written in this contract, depending on the subjective and specific sensitivity, legal conditions and other factors, with the consent of the user, which has been given explicitly or implicitly. The BITUBU is defined as “data processor” that has “data processing” authority in accordance with the law in condition of using it for legally allowed purposes.
(4) THE PURPOSE OF BITUBU IN THESE ACTIONS IS UNIQUE COMMERCIAL COMMISSION AND INTERMEDIATION TRANSACTIONS AND COMMERCIAL, AND THE USAGE OF THIS BITUBU IS AN INDICATION AND PRESUPPOSITION OF AN EXISTING CONSENT. In cases where a user uses BITUBU without consenting to this agreement, it means that the user consented this agreement implicitly. BITUBU organizes the digital money exchange between users and sellers, and conducts commercial activities with commissions and other items. BITUBU, which is a Crypto money exchange platform is a platform where digital coins such as bitcoin, Ethereum, Litecoin are used. Meaning users buy and sell crypto money to each other on BITUBU. Therefore, the existing and changing values are not determined by the BITUBU, instead they are determined by supply and demand. It should be stated that IN CASES WHEN A USER DOES NOT CONSENT TO THIS USER AGREEMENT BUT USES THE BITUBU NONETHELESS, IT IS CONSIDERED THAT USER CONSENTS TO THE AGREEMENT IMPLICITLY BY SOLELY USING THE APP.
(5) Although we can be considered guilty in cases when clearly illegal acts or processes happen, the usage of our app shows an existing consent. This includes acts done according to the unique and commercial purposes of BITUBU. Users who do not consent are advised not to use BITUBU.
(6) When a user witnesses his / her personal information, data or confidential information (such as password) saved by BITUBU used without legal authorization or any other violation of security, the user must inform BITUBU immediately. In case he/she does not inform BITUBU, in such cases BITUBU is not liable to the damages occurring from this situation. It should not be inferred that BITUBU is liable in cases where the user contacts BITUBU.
(7) The User accepts, states and undertakes that he / she will use the BITUBU for legal actions and transactions and that he / she will act in accordance with this contract, the applicable legislation and other terms and conditions.
(8) The user must document the identity and address information for the deposit and withdrawal transactions pertaining to the Turkish Lira. In case when identity and address information requested from the user is not documented, transactions might be blocked on the account.
(9) The user is solely responsible for the transfers, acts and transactions made to the electronic wallets of the exchanged cryptocurrencies. In cases when the crypto money that is sent to someone’s crypto wallet that is different from the wallet requested by the user (for example, sending the crypto money named USDT to the BTC wallet address) BITUBU cannot be held responsible for this transfer and all responsibility belongs to the user who sent the money incorrectly. Personal losses arising from this personal error of the user cannot be attributed to the BITUBU, including all valid transactions to be performed through the BITUBU. With this contract, the user acquits BITUBU as irrevocable letter of credit.
(10) BITUBU does not send any bills to users for the acts and processes he/she undertakes.
(11) In accordance with Tax Procedure Law No. 213 and other tax legislations, the user is solely responsible for the due and executory taxes In cases where the transactions done through BITUBU are tax-dependent.
(12) Although the BITUBU is responsible for the users to carry out the transfer transactions immediately, BITUBU cannot be held responsible for the delays that will occur in case of a reasonable reason whether it reaches force majeure.
(13) As it is explained above, BITUBU is a mediator platform thus it cannot be hold responsible for the value changes that are dependent on supply and demand relationship. Users are the responsible party for damages caused by this fact.
(14) BITUBU has the authority to unilaterally set the daily, weekly and monthly Turkish Lira and crypto deposit and withdrawal limits. How this decision is taken is solely on BITUBU’s initiative. These limits can be reduced and increased at any time and without prior notice, based on the user's risk assessment or other criteria.
(15) The data sent by the user is in his / her responsibility. All legal and punitive responsibilities related to this is liable to the user party. BITUBU has the right to process and manage the content in question with the rights and authorization granted to it by the user under this contract.
(16) The user accepts, declares and undertakes that the developer may delete the content from the BITUBU and its systems based on the requirements arising from the applicable legislation, especially financial regulations, and that the BITUBU is not responsible for any damages that may occur within this content, including the lost data
(17) The BITUBU will use, collect and process personal information and data only for required, limited, commercial purposes and in accordance with its legal rights and obligations. The purpose of this is to serve the commercial and professional interests of BITUBU by sharing the personal information the data that is shared with the consent of the users using BITUBU with the third parties and institutions within the framework of the terms specified in this contract. The BITUBU is the liable party in cases of the illegal use and process of the data.
(18) With this agreement, the user consents that he / she will accept the restrictions imposed by the BITUBU in accordance with the laws.
(19) To prevent any data loss or dissolution, the user has the responsibility to save or back up the copies of the data. The BITUBU does not guerentee that the data loss is not going to happen and it does not accept the responsibility to create or use a technology to save and protect that data.
(21) If the user wishes to use or benefit from the content of other users, he / she is responsible for obtaining the consent of the users and to use the content within the scope of the consent given by the user and in this regard, no fault or liability to the BITUBU can be attributed. It should be noted that BITUBU is not responsible for preventing the damages occurring from such acts and processes.
(22) The user cannot pursue illegal purposes and motives. The BITUBU has the right to remove / delete the personal information and data provided by the software at any time at its discretion.
(23) The BITUBU has the right to amend this contract and its practices without exceeding the equity limit and the interests of the parties into consideration without any prior notification. In case the user does not consent to such changes, he/she is responsible for sending his/her contract declaration to withdraw their consent to BITUBU and cancel their membership. In case when the users do not demand their consent withdrawal, BITUBU cannot be hold liable to any damages he/she may be exposed to in this situation.
(24) The user accepts that he / she cannot transfer his/her rights and responsibilities arising from this contract, his/her account and the use of his account to third parties. But if he/she demands a trust deed from a notary in the Republic of Turkey and reports it to the app., he/she can transfer his/her rights legally in this context and gives them the right to allow third parties to take actions in their name and account.
(25) Each user can have only one account. In cases where the actions and processes undertaken from multiple usage of accounts from the same user, the user is the solely liable party and BITUBU does not accept any responsibility. The user accepts and states that he/she acquits the app as an irrevocable letter of credit.
(26) In the event that the user acts against this contract and other conditions within the scope of the software and the declarations and commitments, the BITUBU has the right to suspend the user's membership or terminate the contract and terminate all the rights and powers of the user. In this case, BITUBU can claim the damages caused by the discrepancy of the user.
(27) The BITUBU may charge a commission fee for the amount that the user will deposit or withdraw from the website or mobile BITUBUs as much it wishes or announces. The users do not have the right to bargain and sue in this regard. Because this contract was established in line with the Turkish Law of Obligations law 6098 and with mutual and compatible statements of will, and it is not possible to assert that the conditions are contrary to the rules of honesty.
(28) Users' accounts may be seized or suspended due to technical malfunctions, cyber hazards or complaints received from other users. If it’s considered that this seizure is not enough, in this case BITUBU has full authority to close the user account completely. In addition, BITUBU is at the discretion of closing, suspending, preventing, restricting certain rights of user accounts in case of breach of this contract or abuse of rights. However, if these sanctions are applied, the assets of the users in the BITUBU are returned to the user. Otherwise, it is possible for the user to apply for legal action by filing an unjust enrichment case in civil courts. Communication for all kinds of support services and other matters is established by sending an e-mail to firstname.lastname@example.org. BITUBU does not have any contact address other than this e-mail address, and it is the users' responsibility for the information and messages sent to the wrong or pirated contact addresses.
(29) The BITUBU can send informative messages about BITUBU including news and developments to the user’s e-mail and other contact addresses that users will register on the website or our related mobile BITUBUs.
(30) The BITUBU decides on how a user is going to buy the COINs to be deposited to the website or to our other BITUBUs, and what rules to follow. The measures to be taken and the changes to be made are at the discretion of the BITUBU, and when necessary changes are made, BITUBU gives importance to notify it’s users. But the responsibility is on users to follow the changes. In this case, BITUBU cannot be hold liable and the users are considered to know the up to date COIN policy.
(31) BITUBU announces the service prices related to the commercial services written in this contract on the website. Announcement is made via bitubu.com/blogs bitubu.zendesk.com and bitubu.com/info. Unless stated otherwise, the announced fee starts to be valid from the day following the day of announcement. The fee is at BITUBU’s discretion only and it can be changed at any time. If the user does not consent to the said fee, he / she must terminate the BITUBU membership, or it is assumed that he/she consents implicitly. Any changes related to the fee are announced on the website, applications and mobile application. Crypto money transfers made via BITUBU are not refundable. Therefore, the service fee and transaction fee received from the user are also non-refundable.
Intellectual and Industrial Property Rights
ARTICLE 4 - (1) The BITUBU holds the reserved rights of all kinds of objects such as it’s interface, program, services, design and other any kinds of ideas and other objects that can be called “property”. Unauthorized copying, moving, transferring or reproducing in a different way is against this contract and intellectual property rights. The user accepts, guerentees and states that he/she will not use the logo, the commercial brand of BITUBU or any other object of BITUBU without the consent of BITUBU.
(2) In violation of this agreement, The Law on Intellectual and Artistic Works numbered 5846, and Turkish Code of Obligations numbered 6098 with the provisions of the Turkish Penal Code numbered 5237 in accordance with the relevant act is applied.
ARTICLE 5 - (1) All contents within the scope of the BITUBU are provided "as they are" and the BITUBU does not have any responsibility or liability regarding the completeness and reliability of the offered content.
(2) The user is personally and exclusively responsible for all the actions he/she undertakes and any content he/she or any illegal act he/she does during the use of the BITUBU. Besides, BITUBU; indicates no warranty, including commercial availability and limited to a particular purpose.
(3) The user accepts, declares and undertakes that he / she will not violate the name, logo, prestige of the BITUBU and the personal rights arising from the Turkish Civil Code No. 4721 and the Turkish Code of Obligations No. 6098. This commitment covers statements, works and transactions made on social media. In the event that the user violates this commitment, in favor of the BITUBU as a PENALTY, the user pays 50000 (₺) Turkish liras. Additionally, BITUBU reserves the right to sue for damages in the courts.
(4) If the crypto money is sent by BITUBU in a way that causes the user to enrich without reason, this issue is immediately notified to the user by any means (e-mail, call, SMS etc.). If it is not returned by the user within 1 business day despite the notification, the user’s BITUBU’s account may be closed, suspended or its access may be stopped indefinitely without any further warning or notification. In this case the user pays all losses and 50000 (₺) Turkish Liras to as a penalty fee. Additionally, BITUBU reserves the right to sue for damages in the courts.
Execution and Denouncement of the Agreement
- Execution of the Agreement
ARTICLE 6 - This contract comes into force with the approval of the parties through any channel. It continues to be valid unless it is repealed.
- Denouncement of the Agreement
ARTICLE 7 - (1) Either party may terminate this agreement at any time, with a written notice, without any justification and without compensation. Termination results when it reaches the other party.
(2) The termination of the contract does not eliminate the rights and obligations of the parties that existed until the termination date.
(3) In cases where the user account is not blocked for legal reasons and the agreement is denounced, the BITUBU may provide read-only access to the user's account and personal data for six months.
ARTICLE 8 - In case of any of the provisions in this contract contradicts with the mandatory legal norms in force, the contract shall continue with other provisions other than the one that is contrary.