Confidentiality Policy

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This Confidentiality and Personal Data Protection Policy (“Confidentiality Policy”), which was established in accordance with Turkish Laws and its head office is located in Yenibosna Merkez Mh. Ladin Sk. No:4M Kuyumcukent AVM Z030 Bahçelievler, Istanbul, registered in the Istanbul Trade Registry with the registration number 149207-5, owned by Aga Kıymetli Madenler Anonim Şirketi (“Company” or “AGA”), shared with the Company by the data owners or shared with the Company What personal data of the data owner, why and how is collected, what is done with the collected data, how long the data obtained is stored, with whom your personal data is shared, the Company's obligations and what measures it takes regarding the protection of your personal data, deletion of your personal data, terms of destruction and anonymization, what rights you have as a result of the collection of your personal data and how to use them,


1) WHAT IS THE PURPOSE OF THE CONFIDENTIALITY POLICY?

Within the scope of this Confidentiality Policy, it is aimed to provide information to data owners on the following issues:

  • Types of your personal data processed by the company,
  • Collection methods and legal reasons for your personal data processed by the company,
  • Purposes of processing your personal data processed by the company,
  • The retention period of your personal data processed by the company,
  • With whom your personal data processed by the Company is shared, the Company's obligations to ensure your personal data security,
  • Terms of deletion, destruction and anonymization of your personal data processed by the company,
  • Your rights on your personal data processed by the company and how you can use your rights,
  • How you can submit your requests regarding the implementation of the Law on Protection of Personal Data No. 6698 (“KVKK”),
  • Your ways of submitting your questions and suggestions regarding the Confidentiality Policy,
  • The process of taking effect of changes to the Confidentiality Policy./li>


2) WHICH DATA DO WE PROCESS?

As a result of your use of AGA services and products through the website, the following personal data (but not limited to) may be processed by AGA as a "Data Controller":


3) COLLECTION METHODS AND LEGAL REASONS OF YOUR PERSONAL DATA:

Your personal data, by AGA through different channels, verbally, in writing or electronically and based on the above-mentioned purposes, for the purpose of carrying out activities; In order to develop the products and services we offer and to carry out our commercial activities, it is processed verbally, in writing or electronically, through automatic or non-automatic methods, through the call center, website, etc.

Personal Data, within the scope of KVKK and other relevant legislation (i) clearly stipulated in the laws, (ii) it is necessary to process the personal data of the parties to the contract, provided that it is directly related to the establishment or performance of a contract, (iii) it is mandatory for the data controller to fulfill its legal obligations , (iv) can be processed without the consent of the personal data owner for one or more of the reasons that the data subject has been made public by himself.

In case of entering into a commercial or legal relationship with AGA in any way, Personal Data is required by AGA to process the personal data of the parties to the contract, provided that it is directly related to the conclusion or performance of a contract specified in the 2nd paragraph of Article 5 of the KVKK (i) ”, (ii) “It is mandatory for the data controller to fulfill its legal obligation”, (iii) “The data subject has been made public by himself”, (iv) “Data processing is mandatory for the establishment, exercise or protection of a right” and (v) “Provided that it does not harm the fundamental rights and freedoms of the person concerned,It is processed automatically by filling out an application or request form in the electronic environment, provided that it does not violate the fundamental rights and freedoms of the data subject based on legal reasons.

If the user logging into the website does not have a previously obtained explicit consent; Obtaining express consent as required by legal obligation for Personal Data processed, which does not fall within one of the reasons for compliance with the law in paragraph 2 of Article 5 of the KVKK, but is limited to AGA's ability to offer products and services and to the security of the user who accesses the website. required. In this case, we inform you that such express consent can be given electronically, with the same legal nature and value as the written consent. You can review the information text on the processing of personal data in electronic environment and give your express consent statement by instant notification on SMS, e-mail and website.


4) WHAT IS THE PURPOSE OF PROCESSING YOUR DATA?

Your personal data,

  • Presenting and delivering our products and services to our customers and making promotions and other information,
  • Managing business relations and customer processes,
  • Gathering information on a specific subject,
  • Responding to or following up on comments or questions that our customers have sent us
  • Sending relevant notices and/or newsletters and/or any marketing communications to our customers,
  • Collecting comments on our services or products offered by AGA,
  • Analyzing customer satisfaction regarding our services and products offered by AGA, conducting surveys and customer satisfaction surveys and all kinds of communication in order to provide services within this scope,
  • Evaluation of customer complaints and suggestions,
  • Developing, diversifying and increasing the quality of the services and products offered in line with the needs of our customers,
  • In terms of suppliers and business partners; contacting potential suppliers and business partners, realizing contract processes, invoicing, analysis and reporting for our services and products, registration in systems, identity verification,
  • Resolving legal disputes,
  • Fulfilling all kinds of legal obligations,
  • To use the rights arising from the current legislation,
  • Prevention of fraud and false statement,
  • Meeting information requests from administrative and judicial units,
  • Marketing the product during the development and management of our current and R&D applications,
  • Job application and human resources applications,

processed for such purposes. AGA acts in accordance with the obligations stipulated in all relevant legislation, especially the KVKK.


5) HOW LONG DO WE STORE YOUR DATA?

Personal Data is provided by the Company, taking into account the periods determined by all relevant laws, including the provisions of the KVKK and other relevant legislation, the Law No. 6563 on the Regulation of Electronic Commerce and the provision of Article 138 of the Turkish Penal Code, the statute of limitations and the periods required by the purpose of processing. kept in line with obligations. After the relevant periods, Personal Data will be deleted, destroyed or anonymized ex officio or upon your request. If a period of time is not regulated in the legislation regarding how long Personal Data should be kept, Personal Data is processed for the period required by the processing purposes of the Company's Personal Data listed in this Confidentiality Policy, and then deleted, destroyed or anonymized.


6) WITH WHOM IS YOUR DATA SHARED?

Your Personal Data is shared with third parties only with your explicit consent and Personal Data is not transferred to third parties without your explicit consent.

AGA may share and transfer your Personal Data to one of the databases of group companies, affiliates, business partners or one of its external partners located abroad. As data protection levels vary around the world, we may only transfer your Personal Data to group companies or third-party companies outside the European Union if they maintain at least the same level of personal protection.

Personal Data processed by AGA may be shared with our business partners, company partners and company officials in order to fulfill their legal obligations.

Personal Data provided by the Company for the above-described methods and purposes, provided that adequate and effective measures are taken in accordance with the security and confidentiality principles set forth in the KVKK and relevant legislation; Within the framework of AGA's legal obligations and limited to these, the execution of AGA's activities and limited to the above-mentioned purposes by AGA; Third parties, including legal consultants, tax consultants, with whom we have a contract with domestic or foreign group companies, our business partners, shareholders, customers with whom we have contracted and served as required by our activities, to resolve legal disputes or to the Social Security Institution in case of request in accordance with the relevant legislation, General Directorate of Security and other law enforcement forces, authorized public institutions and organizations,

AGA takes necessary technical and legal measures to prevent any violation of rights during data transfer to third parties. In this context, AGA is not responsible for violations that occur in the risk area under the responsibility of the third party, due to the data protection policies of the third party receiving the Personal Data.

Personal Data transfers can be made to countries where it is determined and declared that there is no adequate protection by the Personal Data Protection Board, provided that the data controllers in Turkey and the relevant foreign country undertake an adequate protection in writing and the permission of the Personal Data Protection Board can be obtained for the relevant transfer. will be possible.


7) WHAT ARE OUR OBLIGATIONS TO ENSURE YOUR DATA SECURITY?

Our obligations to ensure your data security; (i) to inform the personal data owners in accordance with the KVKK and other relevant legislation during the acquisition of personal data, (ii) to prevent the processing and access of your personal data in violation of the law and honesty rules, KVKK and other relevant legislation; (iii) to take all kinds of technical and administrative measures to ensure that your personal data is kept in accordance with the KVKK and other relevant legislation in a timely manner; (iv) to keep your personal data accurate and up-to-date, and when necessary to delete, destroy or anonymize in accordance with KVKK and other relevant legislation; and (v) to make or have all the necessary inspections done in this context. At the same time, even if the persons and officials who process personal data on behalf of our company leave their duties, takes the necessary precautions to ensure that the personal data they learn during their duties are not disclosed to others in violation of the provisions of the KVKK and other relevant legislation, and they are not used for purposes other than processing. In the event that the processed personal data is unlawfully obtained by others, our Company immediately notifies the person concerned and the Personal Data Protection Board.


8) TERMS OF DELETING, DESTROYING AND ANONYMIZING PERSONAL DATA

Despite the fact that it has been processed in accordance with the provisions of the relevant law within the scope of the laws of the Republic of Turkey, in the event that the reasons requiring its processing are eliminated, Personal Data is deleted, destroyed or anonymized in accordance with the provisions of the KVKK and other relevant legislation, upon the decision of the Company or upon the request of the data owner.


9) WHAT ARE YOUR RIGHTS ON YOUR PERSONAL DATA? HOW TO USE YOUR RIGHTS?

On the Personal Data processed by AGA, within the scope of Article 11 of the KVKK, without prejudice to the cases stipulated in Article 28 of the KVKK titled “Exceptions”;

  • Learning whether your personal data is processed,
  • Requesting information regarding the processing of your personal data,
  • Learning the purpose of processing personal data and whether they are used in accordance with its purpose,
  • Learning the third parties to whom personal data is transferred at home or abroad,
  • Requesting correction of your personal data if it is incomplete or incorrectly processed,
  • Requesting the deletion or destruction of your personal data in case the reasons for processing disappear,
  • Requesting that your corrected, deleted or destroyed personal data be notified to third parties,
  • Objecting to the emergence of a result against you by analyzing your processed data exclusively through automated systems,
  • Requesting the compensation of the damage in case your personal data is damaged due to unlawful processing


10) HOW CAN YOU SEND YOUR REQUESTS REGARDING THE IMPLEMENTATION OF KVKK?

The Company, which has the qualification of data controller, can make all kinds of requests in written form or by other methods determined by the Personal Data Protection Board, including, but not limited to, requests for update, change, deletion, anonymization or destruction related to the implementation of the KVKK and other relevant legislation. Center Mh. Ladin Sk. No:4M Kuyumcukent AVM Z030 Bahçelievler, Istanbul by hand, send it via a notary public or other methods specified in the KVKK. We kindly request you to include the following elements in your application:

  • Name, surname and wet signature.
  • Turkish identity number for citizens of the Republic of Turkey, nationality, passport number or identity number, if any, for foreigners.
  • Domicile or workplace address for notification.
  • If available, the e-mail address, telephone and fax number for notification.
  • Demand.

Your requests included in your application will be concluded free of charge by the Company as soon as possible and within thirty days at the latest, depending on the nature of the request. However, if the transaction requires a separate cost for the Company, the fee in the tariff determined by the Personal Data Protection Board will be charged. If the application is due to the Company's fault, the fee will be returned to the relevant person.


11) HOW CAN YOU SUBMIT YOUR QUESTIONS AND SUGGESTIONS ABOUT THE CONFIDENTIALITY POLICY?

You can send any questions and suggestions regarding the Confidentiality Policy to the info@agabullion.com e-mail address.


12) CHANGES TO THE CONFIDENTIALITY POLICY

This Confidentiality Policy was prepared on 15.06.2021 and was last updated on 15.06.2021. It may make changes in this Confidentiality Policy at any time in order to comply with the changing conditions and legislation. In case of any change in the Confidentiality Policy, the effective date and content of this Confidentiality Policy will be updated by the Company and will enter into force immediately.






PRECIOUS METALS OTC TRADING AND AGATRADE SPECIAL RULES
(“Special Rules”)


These Special Rules are on one side, Yenibosna Merkez Mah. Ladin Sok. AGABULLION KIYMETLI MADENLER ANONİM ŞİRKETİ (hereinafter “COMPANY”), a joint stock company duly established under the laws of the Republic of Turkey, registered with the Istanbul Trade Registry Office at the address of Kuyumcukent Sitesi Store Blok No.4M/Z030 Bahçelievler Istanbul with the registration number 149207-5. or "INTERMEDIATE") and the other CUSTOMER or MEMBER of the Articles of Association on Precious Metal Transactions. (“Agreement”) and it is an integral part of it.


1. SUBJECT

The subject of these Special Rules is that the CUSTOMER purchases precious metals owned by the COMPANY and procured by the COMPANY from the Stock Exchange and/or the Free Market in accordance with the legislation, or by the CUSTOMER in compliance with the legislation. It is the determination of the terms and conditions regarding the transactions to be made by the CUSTOMER and the services to be benefited from, regarding the sale of the precious metal to the COMPANY.


2. DEFINITIONS

AGATRADE: The platform owned by the COMPANY that allows physical and online trading of precious metals;

Purchase Statement: CUSTOMER's written, verbal and/or authorized phone numbers registered in the COMPANY or the COMPANY's Contract or these Special Rules and/or notified by the COMPANY, expressing its desire to purchase Precious Metals from the COMPANY or the COMPANY's the notifications made by means of Communication Tools, subject to the acceptance of the company;

Statement of Sale: The CUSTOMER's written, verbal and/or authorized phone numbers registered in the COMPANY or the COMPANY's registered in this Agreement or these Special Rules and/or notified by the COMPANY, expressing clearly the desire of the CUSTOMER to sell Precious Metals to the COMPANY, or to the COMPANY's the notifications made by means of Communication Tools, subject to the acceptance of the company;

Organizations That Can Perform Transfers: Banks, electronic money institutions and centers and branches of payment institutions, and authorized institutions representing electronic money institutions and payment institutions.


3. BUYING AND SELLING PHYSICAL PRECIOUS MINES

3.1. The CUSTOMER may contact the COMPANY via e-mail, telephone, Whatsapp or Eikon applications and perform physical precious metal purchase and sale transactions. In this framework, it is obligatory for the CUSTOMER to create an account (“Customer Account”) with the COMPANY and to carry out transactions through the said Customer Account.

3.2. The CUSTOMER in the Precious Metal Purchase Statement shall keep the entire amount of the precious metal that is requested to be purchased from the COMPANY in advance in the Customer's Account. The CUSTOMER in the Declaration of Sale shall keep the precious metals that he/she wants to sell available in his/her Customer Account. Otherwise, the COMPANY will not perform the CUSTOMER's Purchase Statement and/or Sale Statement.

3.3. In addition to this, the COMPANY requires that a margin payment amount to be determined by the COMPANY, in addition to the entire precious metal amount desired to be purchased from the CUSTOMER in the Purchase Statement, is in the Customer's Account or that the precious metals it wishes to sell from the CUSTOMER in the Sales Statement are transferred to the COMPANY. may request the delivery as a precondition and reject the CUSTOMER's Purchase Statement and/or Sale Statement if this prerequisite is not met.

3.4. The COMPANY has the right to imprison the precious metals, monetary and other rights and receivables belonging to the CUSTOMER, and to clear and set off the arising and future receivables with these, until the CUSTOMER's debts are fully liquidated. For the avoidance of doubt, the COMPANY's rights specified in this article are in accordance with the 7th of the Contract. expressly stated in the article.

3.5. The COMPANY does not undertake to realize partially or completely the amounts of precious metals that the CUSTOMER wishes to buy or sell. The presence of precious metals in the Exchange or Free Market at the price the CUSTOMER wishes shall not oblige the COMPANY to sell precious metals to the CUSTOMER at this price. The COMPANY is completely free to fulfill the CUSTOMER's request according to its own needs and positions, and the CUSTOMER does not reserve the right and authority of the COMPANY not to accept the CUSTOMER's demands without giving any reason, not to sell precious metals to the CUSTOMER or not to purchase precious metals from the CUSTOMER. , unconditionally accepts, declares and undertakes that it has.

3.6. The COMPANY is liable for the precious metal or equivalent Turkish Lira purchased or sold by the CUSTOMER to be transferred to the CUSTOMER. However, in the event that the amounts do not pass to the CUSTOMER due to technical difficulties arising from the Institutions That Can Make Transfers, the COMPANY is not liable if a certifying letter is received from the relevant institution. It is accepted as the presumption that the COMPANY has shown the usual care in its transactions. If the CUSTOMER claims otherwise, the burden of proof lies with him. In cases where a liability will be imposed on the COMPANY, the COMPANY is limited only to the material and actual damages directly incurred by the CUSTOMER, and the COMPANY shall not be liable for any damages, indirect damages, deprivation of profit, currency changes, moral damages or damages caused by third parties.

3.7. As explained above, the CUSTOMER will get price information by contacting the COMPANY via e-mail, telephone, Whatsapp or Eikon applications in order to fix the price in the purchase or sale transactions. In the event that the CUSTOMER communicates in this way, the COMPANY official will read the prices of the precious metals requested by the CUSTOMER simultaneously from his own screen, and the words "done" or "good luck" are used by the CUSTOMER, where the price is fixed for the relevant precious metal that was last read by the COMPANY official. and it means that the transaction was made at that price.

3.8. The COMPANY cannot be held responsible for purchases and sales not made to the CUSTOMER. The CUSTOMER does not want to trade with the precious metal prices he/she has received by calling the COMPANY by phone and declares a price that he/she deems appropriate to the COMPANY, and after a while, trading starts at these prices in the Stock Exchange, the Free Market and/or the COMPANY In this case, the CUSTOMER cannot expect that a purchase or sale will be made for himself, and cannot make any demands from the COMPANY since such a purchase or sale is not made. In this regard, even if the COMPANY's employees make statements regarding acceptance, these statements are not respected and the COMPANY cannot be held responsible in any way for not buying or selling on behalf of the CUSTOMER. There is no rule and legal consequences for the CUSTOMER to declare to the COMPANY a price that he deems appropriate for himself, in audio recordings or in the speeches recorded by the CUSTOMER in violation of this Agreement and Special Rules. The COMPANY is not obliged to manage portfolios or provide investment consultancy for any CLIENT, nor does it have the authority or desire to engage in these activities. In this regard, no CUSTOMER can claim responsibility against the COMPANY.

3.9. The CUSTOMER is obliged to make all purchase or sale statements to the COMPANY over the phone, clearly and without hesitation. The COMPANY, according to its own discretion and understanding, is not obliged to fulfill the statements of the CUSTOMER that are not clear or give rise to hesitation. The responsibility and consequences of not evaluating the CUSTOMER's statements in terms of buying or selling clearly by the COMPANY belong exclusively to the CUSTOMER. The COMPANY is not responsible for the difference or damages that may arise from price changes during other negotiations to be made to eliminate the hesitations that occur at the time of communication with the CUSTOMER. The COMPANY is not responsible for any damages and consequences arising from the use of the telephone, especially interruptions during communication, delays, errors, misunderstandings, misunderstandings or double (or more) statements. The COMPANY, if it wishes, may request the CUSTOMER's statements regarding the purchase or sale to be made over the phone to be confirmed with a letter bearing authorized signatures. Otherwise, the CUSTOMER is free to invalidate the statements regarding the purchase or sale to be made over the phone and not to take any action; to the extent that the COMPANY is free to fulfill any statements regarding purchases or sales made over the phone or verbally, which have not been confirmed in writing in this way, at its sole discretion and understanding, and therefore cannot be held responsible in any way. The COMPANY is not obliged to identify the purchase or sale statements to be made by the CUSTOMER over the phone. The accuracy of the basis in these records has already been accepted by the CUSTOMER. In the purchase or sale statements over the phone, the CUSTOMER is obliged to ensure that the COMPANY is called only by its officials, and the COMPANY cannot be held liable in this regard. In cases where the purchase or sale statements made on the phone are subsequently converted into written form, the validity of the statement on the phone is irrevocably accepted and declared by the CUSTOMER, in case there is a difference between the statement on the phone and the written statement.

3.10. As a result of the transaction, the COMPANY; The account holder making the purchase or sale will send a confirmation letter to the e-mail address or Whatsapp number notified by the CUSTOMER by creating a confirmation that the transaction has been approved. The CUSTOMER acknowledges, declares and undertakes that he/she knows that he/she cannot cancel the approved, price-fixed transactions even if a confirmation letter has not been sent.

3.11. For the transactions in this article, the CUSTOMER shall notify the e-mail address and telephone number of the person who will contact the COMPANY before starting to take action within the scope of these Special Rules.

3.12. The prices declared unilaterally by the COMPANY are valid for precious metal purchases and sales. The COMPANY reserves the right to correct the prices expressed by its employees in error, mistake or incorrectly. The COMPANY can freely decide from which date the said correction will become effective. In case of differences between the unit prices published by the COMPANY in any medium and announced on the phone, the prices announced on the phone are valid.


4. ONLINE PRECIOUS MINING TRANSACTIONS THROUGH AGATRADE

4.1. The rules of this Article 4 shall apply exclusively to CUSTOMERS (“MEMBERS”) who are AGATRADE users. For the avoidance of doubt, the other terms and conditions of these Special Rules are also valid for the MEMBER.

4.2. The CUSTOMER, who wishes to become a member of AGATRADE, will be able to access AGATRADE with the user name and password to be provided by the COMPANY, after the COMPANY provides the information requested completely and accurately and following the signing of these Special Rules. Membership is completed upon completion of the membership procedures in AGATRADE (and conclusion of these Special Terms).

4.3. After the membership process is completed, the MEMBER will be able to log in to AGATRADE and view the precious metal purchase and sale prices on the screen arranged according to their preferences, and will be able to trade the precious metals in question if there is sufficient balance in the Customer Account. The MEMBER accepts, declares and undertakes that he/she knows that he/she can make transactions through the online platform in AGATRADE only if there is sufficient balance in the Customer Account.

4.4. Money or precious metal transfers made through AGATRADE are non-refundable.

4.5. The prices listed on the AGATRADE screen are T0 prices, and the MEMBER accepts, declares and undertakes that he knows that there may be changes in these prices if he wishes to trade in futures.

4.6. The MEMBER will display the precious metal purchase and sale prices on AGATRADE and will contact the COMPANY to get offers and trades at different prices from these prices.


5. MEMBER'S STATEMENTS AND COMMITMENTS AND OBLIGATIONS REGARDING AGATRADE

5.1. If the MEMBER is accessing AGATRADE on behalf of a business, the MEMBER accepts, declares and undertakes that he has the necessary authority in this regard. In this case, the rights and obligations related to the MEMBER status will belong to the business in question.

5.2. The MEMBER accepts, declares and undertakes that he will only use AGATRADE for his legal activities and will act in accordance with these Special Rules, applicable legislation and other terms and conditions stipulated by the COMPANY.

5.3. The COMPANY may request additional information and documents from the MEMBER from time to time regarding the use of the AGATRADE platform. The MEMBER accepts, declares and undertakes that he/she must provide this information and documents for the continuation of his membership to the AGATRADE platform. However, the MEMBER accepts, declares and undertakes that its membership to the AGATRADE platform can be terminated at any time at the sole discretion of the COMPANY.

5.4. AGATRADE may be temporarily interrupted due to updates, for maintenance purposes or for reasons beyond COMPANY's control or at COMPANY's sole discretion. The MEMBER agrees that he will not hold the COMPANY responsible for any damage or loss that may arise directly or indirectly from such interruption of AGATRADE. The MEMBER accepts, declares and undertakes that he/she knows that he/she can see the said deductions only when he/she enters the AGATRADE application.

5.5. The MEMBER cannot in any way transfer or assign the Customer Account and its rights and obligations arising from the use of these Special Rules and AGATRADE.

5.6. The MEMBER is obliged to keep the login password to the online precious metal trading platform on AGATRADE confidential, not to disclose it to unauthorized persons, and to prevent the password from being used for purposes other than allocation. The COMPANY is not responsible for the loss or disclosure of the password in question by the MEMBER, nor is it liable for any damages that may be caused to the MEMBER by third parties. In case of loss of the password, the MEMBER shall immediately notify the COMPANY in writing, and the COMPANY shall take the necessary actions to prevent the use of the said password and give the MEMBER a new password as soon as possible.

5.7. The COMPANY will provide ongoing maintenance, equipment and technical support necessary for the proper operation of AGATRADE. In connection with this, the COMPANY reserves the right to temporarily stop or limit the operation of the relevant servers in some cases. In this case, the MEMBER is not entitled to any compensation.

5.8. The MEMBER may be linked to other websites and/or portals, files or content that are not under the control of the COMPANY via AGATRADE, and that any kind of statement or warranty may be given for the purpose of supporting the website or the operator to which such links are directed, or for the website or the information it contains. The COMPANY accepts, declares and undertakes that it has no responsibility for the portals, websites, files and content, services or products accessed through the mentioned links, or their content.

5.9. The MEMBER is responsible for all tax liabilities that may arise due to the MEMBER's use of AGATRADE.


6. LIMITATION OF LIABILITY REGARDING AGATRADE

6.1. While COMPANY aims to provide accurate and up-to-date information on AGATRADE, AGATRADE may not always be accurate, complete or up-to-date and may also contain technical or typographical errors. For this reason, the MEMBER must verify all information before relying on the information contained in AGATRADE, and all decisions based on the information contained in AGATRADE are the sole responsibility of the MEMBER and the COMPANY will have no responsibility for such decisions.

6.2. Under no circumstances will the COMPANY be liable for any loss of profit or direct or indirect, penal or other damages due to the MEMBER's use of the services offered in AGATRADE or their inability to use them properly, under any circumstances and conditions.

6.3. Applications, software and other content within the scope of AGATRADE are provided "AS IS" and within this scope, the COMPANY has no responsibility or commitment regarding the accuracy, completeness and reliability of the application, software and content.

6.4. While the COMPANY aims to make AGATRADE accessible and usable 24/7, it does not guarantee the functionality and accessibility of the systems that provide access to AGATRADE, or that the MEMBER will have uninterrupted access to AGATRADE or that AGATRADE will operate uninterruptedly. CUSTOMER acknowledges that access to AGATRADE may be blocked or interrupted from time to time. The COMPANY is in no way responsible for such obstructions or interruptions.

6.5. To the extent permitted by applicable law, the COMPANY is liable for any direct, indirect, special, incidental, punitive damages resulting from the use of AGATRADE, including, but not limited to, loss of profits, loss of goodwill and reputation, expenditure for the supply of substitute products and services. will not be responsible. In addition, COMPANY further disclaims any warranties of any kind, express or implied, including but not limited to the implied warranty of merchantability, fitness for a particular purpose. The liability of the COMPANY under these Special Rules shall in any case be limited to the amount paid by the CUSTOMER within the scope of the services subject to these Special Rules until the date of the related loss.


7. AGATRADE INTELLECTUAL PROPERTY RIGHTS

7.1. All rights, ownership and interest on AGATRADE belong to the COMPANY. The MEMBER cannot use all or part of AGATRADE in any other environment without the written consent of the COMPANY.

7.2. The MEMBER cannot, in any way or for any reason, use the intellectual property rights of AGATRADE, distribute them, display them, reproduce them, make derivative works, and copy, modify, reproduce, reverse engineer, decompile and otherwise use the software on AGATRADE. does not have the right to access the source code, create works from AGATRADE.

7.3. In the event that the MEMBER acts in a way that violates the intellectual property rights of the third parties or the COMPANY under AGATRADE, the MEMBER shall be liable to compensate all direct and indirect damages and expenses of the COMPANY and/or the said third party.


8. EXCHANGE TRANSACTIONS

8.1. If precious metals are purchased by the CUSTOMER, the delivery of these precious metals; After deducting all liabilities of the CUSTOMER from the physical precious metals (according to type, amount and setting) in the Customer Account in the COMPANY, it will be physically retaliated according to the remaining net balance.


9. RIGHTS AND LIABILITIES OF THE PARTIES

9.1. The COMPANY reserves the right to disclose current or past CUSTOMER information, in the event of a judgment of a judicial authority or if the COMPANY determines that the Customer Account has been used for illegal acts, or if there is convincing evidence to justify this.

9.2. The CUSTOMER acknowledges, declares and undertakes that the COMPANY is not a bank, credit or financial institution or investment advisor and that the service provided by the COMPANY in accordance with these Special Rules is not a banking service or investment advice.

9.3. In the event that the CUSTOMER violates the terms and conditions within the scope of these Special Rules and the statements and commitments within this scope, the COMPANY shall suspend the CUSTOMER's Customer Account or terminate these Special Rules immediately and without any notice, and, if any, the CUSTOMER 's right to use AGATRADE. In such a case, the COMPANY reserves the right to demand any damages from the CUSTOMER arising from such violation.


10. GENERAL RULES

10.1. The CUSTOMER accepts, declares and undertakes that the declarations and commitments made regarding the precious metals deposited or to be deposited under the Contract are also valid for the precious metals that it will sell or deposit to the COMPANY under these Special Rules.

10.2. Words and terms used but not expressly defined in these Special Rules have the meaning for which they are defined in the Agreement.

10.3. These Special Rules are an integral part of the Agreement; Except for the matters set forth herein, all remaining terms and conditions of the Agreement and its annexes remain unchanged and binding, valid and in effect unless expressly regulated in these Special Rules.

10.4. If the Agreement is terminated or terminated for any reason, these Special Rules shall be terminated or terminated together with the Agreement.

10.5. The Parties declare, accept and undertake that all rules of the Contract are the same and valid and will be applied exactly, unless there is a rules in these Special Rules or unless it is expressly stipulated otherwise.

10.6. These Special Rules are subject to Turkish Law, and Istanbul (Çağlayan) Courts and Enforcement Offices will be authorized to settle any lawsuits and disputes between the Parties that may arise from these Special Rules.






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