User Agreement
Last updated 04 Dec 2025, 6:00 amContents:
Parties
Definitions
Provisions Regarding The User Account
Representations and Warranties
Rights and Obligations
Provisions Regarding Opening and Using the User Account
Prohibition of Use
User Identity Verification
Account Suspension
Account Investigations
Account Remedies for Breach
Pricing Policy
Disclaimer
Implementation of Attachment, Precautionary Injunction, Administrative or Judicial Decisions
Other Provisions
1. PARTIES:
1.1. This User Agreement is concluded electronically Rain Kripto Varlık Alım Satım Platformu A.Ş. (“Rain Turkiye”) and the User, at the moment of membership registration, providing access without membership registration, visit, download, or use of products and services on the Platform to determine the rights and obligations regarding the use of the services offered on the Platforms.. Therefore, please read them carefully.
1.2. This User Agreement is entered into between you (hereinafter referred to as "you" or "your") and Rain Turkiye. By accessing Rain Turkiye web page, downloading/using mobile application, using or clicking on "Next" button to accept any Rain Turkiye Services (as defined below) provided by Rain Turkiye (as defined below), you agree that you have read, understood and accepted all of the terms and conditions stipulated in these Terms of Use (hereinafter referred to as "these Terms" or "Terms") as well as our Legal Disclosure, Explicit Consent, Risk Disclosure, Privacy Policy and all the policies published at https://www.rain.com/tr-tr In addition, when using some features of the Services, you may be subject to specific additional terms and conditions applicable to those features. This User Agreement will take effect on the date that you accept/agree/sign these Terms or if earlier, on the date when we first provide you with the Services. If there is anything in these Terms which you do not understand you should contact us as soon as possible or take independent legal advice.
1.3. BY MAKING USE OF RAIN TURKIYE SERVICES, YOU ACKNOWLEDGE AND THAT:
1.3.1. YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF CYRPTO ASSETS
1.3.2. YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF RAIN TURKIYE SERVICES AND TRANSACTIONS OF CRYPTO ASSETS AND
1.3.3. RAIN TURKIYE SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.
1.3.4. RAIN TURKIYE NEVER ENDORSES ANY OF THE CRYPTO ASSETS LISTED ON THE PLATFORM. YOU SHOULD TRADE OR INVEST AT YOUR OWN RISK. AND.YOU ARE DEEMED TO HAVE CONFIRMED AND ACCEPT THAT YOU ARE BOUND BY THIS USER AGREEMENT.
2. DEFINITIONS:
2.1. CRS: means the Common Reporting Standard which has been approved by the Organisation for Economic Co-operation and Development, and which is based on the concept of sharing financial economic information for the purpose of combating against tax evasion.
2.2. Order: means the instructions sent by the Users to the Platforms, by the method and according to the procedure allowed by the systems of Rain Turkiye, to fulfilment of the Services.
2.3. FATCA: means the Foreign Accounts Tax Compliance Act of the United States of America.
2.4. Service(s): mean the services of Rain Turkiye, including but not limited to, purchase, sale, conversion, transfer distribution, promotion and marketing of all kinds of products and services within the limits set by the applicable laws; organizing tenders, making announcements on the website, making exports and imports.
2.5. User: means the real person users who become members of the Platforms.
2.6. User Account: means the single account which can be opened by each User by signing up Rain Turkiye, which shall provide identification of the User and which shall be matched with the User’s Wallet.
2.7. User Agreement / Agreements: mean(s) the User agreement and all its annexes which constitute an integral part thereof, and shall also be shortly referred to as the Agreement.
2.8. Crypto Asset: Crypto asset refers to intangible assets that are virtually created and distributed over digital networks using distributed ledger technology or similar technology, but that are not considered fiat money, deposit money, electronic money, payment instruments, securities or other capital market instruments.
2.9. Crypto Asset Wallet/Wallet: means the platform which contains the Crypto Asset addresses and their passwords and which shall be completely under responsibility and control of the User. Crypto Assets can be transferred between those addresses. Crypto Asset addresses are randomly generated cryptographic public key peers.
2.10. Platforms: mean the web page and the mobile application at the address of https://www.rain.com/en-tr/ (“Website/Site”), which belongs to Rain Turkiye.
2.11. Risk Disclosure Statement: means the notification presented to you for reading, understanding, and approved by you before accepting this agreement. It summarizes many of the key risks associated with your Crypto Asset investments.
2.12. Rain Turkiye: means Rain Kripto Varlık Alım Satım Platformu Anonim Şirketi located Maslak Mah. Sanatkarlar Sk. Eclipse Maslak Sitesi No:2 E Blok D: 9. Sarıyer / İSTANBUL.
2.13. Parties: The User and Rain Turkiye shall be individually referred to as a Party, and jointly as the Parties.
2.14. Rain Turkiye Services and/or Products: refer to various services provided to you by Rain Turkiye that are based on Internet and/or blockchain technologies and offered via Rain Turkiye websites, mobile applications, clients and other forms (including new ones enabled by future technological development).
2.15. Rain Turkiye Platform Rules: refer to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by Rain Turkiye, as well as all regulations, implementation rules, product process descriptions, and announcements published in the Support/Support Center or within products or service processes.
2.16. Digital Currencies: refer to encrypted or digital tokens/assets or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed whether in a decentralized and/or centralized form.
2.17. Funds: means Digital Asset and/or Legal Tender.
2.18. Legal Tender: means a currency designated as legal tender in a particular country or jurisdiction any national currency, such as Turkish Liras, U.S. dollars, Euros, that may be used in connection with a purchase or sale of Crypto Assets and does not include any Digital Asset.
2.19. Rain Turkiye Accounts: refer to the foundational virtual/digital accounts including main accounts and subaccounts in which your Funds is held, which are opened by Rain Turkiye for Users to record on Rain Turkiye their usage of Rain Turkiye Services, transactions, asset changes.
2.20. Fiat Trading: refers to spot transactions in which Crypto Assets are exchanged for fiat currencies (such as Turkish Lira) or vice versa.
2.21. Financial Account: means any financial account of which you are the beneficial owner that is maintained by a third party outside of the Services, including, but not limited to third-party payment service accounts or accounts maintained by third party financial institutions.
2.22. Digital Asset Address: means an alphanumeric identifier that represents a possible destination or source for a Digital Asset transfer.
2.23. Bank Account: means an account in your name at a financial institution from or to which you intend to transfer Legal Tender.
2.24. Privacy and Cookies Policies: means the Privacy Policy and the Cookies Policy updated time to time made available on the Site.
2.25. Trade: means your acquisition and/or purchase/sell of Crypto Assets and/or Legal Tender in exchange for other Crypto Assets and/or Legal Tender.
2.26. Product: means any products related to Services which are provided by Rain Turkiye.
2.27. Digital Asset refers to intangible assets that are virtually created using distributed ledger technology or similar technologies, distributed over digital networks, but are not classified as fiat money, book money, electronic money, payment instruments, securities, or other capital market instruments.
2.28. Personal Data means any information relating to an identified or identifiable natural person.
2.29. Processing of Personal Data refers to any operation performed on personal data, whether wholly or partly by automated means, or by non-automated means provided that it is part of a data recording system, including but not limited to the collection, recording, storage, preservation, alteration, rearrangement, disclosure, transfer, acquisition, classification, prevention of use, and deletion, destruction or anonymization of personal data.
2.30. KVKK refers to the Law on the Protection of Personal Data No. 6698.
2.31. Crypto Asset Service Provider refers to natural or legal persons engaged in the exchange of crypto assets among themselves or with fiat currencies, the transfer, storage, or management of crypto assets, exercising control over them, or the issuance of virtual assets.
2.32. MKK refers to the Central Securities Depository Inc. as defined in Article 81 of the Capital Markets Law.
2.33. Customer refers to the real or legal person user who approves this agreement.
2.34. Law refers to the Capital Markets Law.
2.35. Durable Data Storage means any tool or medium, such as SMS, e-mail, internet, disk, CD, DVD, memory card, etc., that enables the information sent by or to the Customer to be recorded in a way that allows examination for a reasonable period, copied without modification, and accessed exactly.
2.36. Market Order is a type of order used to fulfill the existing order in the market by applying price and time priority rules at the time the order is entered.
2.37. Limit Order refers to an order placed by users to buy or sell a crypto asset at a specified limit price or better. A maximum price is set for buy orders, and a minimum price for sell orders. The order is executed when the market reaches the specified price.
2.38. Open Order refers to an order given by the user that has not yet been fully or partially executed or canceled under the specified price and conditions.
2.39. Price Ceiling-Floor Application is the application where the upper and lower limits of the user’s order are determined and modified by Rain Turkiye.
2.40. Privacy and Cookie Policies refer to the Privacy Policy and Cookie Policy presented on the Site and its links.
2.41. Electronic Environment means the electronic platform where the User logs in with a username and/or password and necessary Security Elements, sends orders electronically, completes identity verification, performs transactions, accesses statements, forms, and reports, and approves the Rain Turkiye User Agreement.
2.42. Terms and Conditions refer to the provisions set forth in the Agreement and/or Platform Rules.
2.43. Password/Passcode means a series of numerical characters created by the User during the membership process and/or required to be created by Rain Turkiye before the provision of certain products and services, used for identity verification and/or as a condition for the use of certain products and services in Rain Turkiye's electronic environments, which must be kept confidential and not shared.
2.44. One-Time Password (OTP) refers to a randomly generated alphanumeric string sent to Users for authentication or security purposes in Rain Turkiye's electronic environments, to be used only once and kept confidential/not shared.
2.45. Security Elements refer to technological measures appropriate to modern requirements used for authentication and/or security purposes in accordance with this Agreement, including but not limited to; Password/Passcode, One-Time Password, 2FA, biometric authentication, and technologies enabling access to the Platform, execution, and/or approval of certain transactions, whether biometric data is involved or not, such as fingerprint structure, voice and video recordings.
2.46. Fastest Communication Tools refer to registered phone numbers, emails, platforms, websites, etc.
2.47. Board or CMB refers to the Capital Markets Board (SPK).
2.48. MASAK refers to the Financial Crimes Investigation Board.
2.49. Legislation means the Laws of the Republic of Türkiye, including but not limited to the Capital Markets Law No. 6362 and its communiqués, Law No. 4208 on the Prevention of Money Laundering, Law No. 3713 on the Fight Against Terrorism, Law No. 5549 on the Prevention of Laundering Proceeds of Crime, Law No. 6415 on the Prevention of Financing of Terrorism, Law No. 7262 on the Prevention of Financing of the Proliferation of Weapons of Mass Destruction, Law No. 5651 on the Regulation of Publications on the Internet and Combating Crimes Committed Through These Publications, Law No. 7545 on Cybersecurity, Law No. 6698 on the Protection of Personal Data, other relevant laws, decrees, communiqués, regulations, principle decisions, other relevant legislation provisions in force or to enter into force, and all legal regulations of official regulatory and supervisory authorities, as well as all other legal regulations governing the transactions performed by the User in the relationship established with Rain Turkiye and/or Rain Turkiye Group Companies and the general provisions of Turkish laws or amended or replaced versions of the Legislation.
2.50. Turkish Commercial Code (TCC) refers to the Turkish Commercial Code No. 6102.
2.51. MKK refers to the Central Securities Depository.
2.52. Business Day refers to the days when banks are open in Turkiye, excluding weekends and official or religious holidays.
2.53. Listing Procedure means the procedure by which crypto assets to be traded or delisted on the Platform are determined in accordance with Rain Turkiye's administrative decisions and Institutional Policy.
2.54. Durable Data Storage means any tool or medium such as platform, web application, SMS, e-mail, internet, CD, DVD, memory card, etc., that allows information sent to the User to be recorded in a way that allows examination for a reasonable time, copied without modification, and accessed exactly.
2.55. Capital Markets Legislation includes the Capital Markets Law No. 6362, communiqués, principle decisions issued by the Board, other applicable or future legislation, and all other legal regulations governing transactions performed within the relationship established between the User and Rain Turkiye.
2.56. Communiqué on the Principles Regarding the Establishment and Operation of Crypto Asset Service Providers (III-35/B.1) refers to the KVHS Establishment Communiqué.
2.57. Communiqué on the Procedures and Principles Regarding the Operations and Capital Adequacy of Crypto Asset Service Providers (III-35/B.2) refers to the KVHS Operational Principles Communiqué.
2.58. Communiqué on the Procedures and Principles Regarding the Management of Information Systems (VII-128.10) refers to the KVHS Information Systems Communiqué.
2.59. These Terms: means the provision in the Agreement.
3. PROVISIONS REGARDING THE USER ACCOUNT:
3.1. Account Opening
In order for a User to open an account with Rain Turkiye:
(i) The User must comply with the identification or identity verification procedures in accordance with the relevant provisions of the applicable Legislation, (ii) All requirements must be fulfilled in accordance with the relevant provisions of the applicable Legislation and/or policies determined by Rain Türkiye, (iii) The required information and/or documents must be accurately and completely provided and submitted to Rain Turkiye by the User in the proper manner, and (iv) There must be no official correspondence received from MASAK or other official institutions that could prevent the opening of an account in the User’s name.
This Agreement is therefore conditional. Approval of this Agreement by the User does not mean that an account has been or will be opened with Rain Turkiye. Whether the aforementioned requirements have been met will be determined solely at Rain Turkiye’s discretion. Even if this Agreement has been approved, Rain Turkiye reserves the right to accept or reject applicants as Users at its sole discretion. Rain Turkiye may request new/additional information and/or documents from the User at any time and may request that existing information/documents be updated. The User hereby accepts, declares, and undertakes to promptly fulfill Rain Turkiye's requests in this regard.
The fact that the applicant and/or User has submitted the necessary information and/or documents to Rain Turkiye does not mean that the application has been accepted, that the individual will become a User, or that the business relationship with the User will not be terminated.
In accordance with company policy, only accounts in the User's own name may be opened; joint accounts and/or accounts opened with a power of attorney and/or on behalf of any third party are not permitted. A unique User number is assigned to each User who signs the Agreement. A User number assigned to one User cannot be assigned to another. Multiple sub-accounts may be opened under the User number assigned to the User under this Agreement.
For each User with whom an Agreement is executed, a User sub-account is opened (or its opening ensured) with MKK (Central Securities Depository) before any order is accepted or any order is transmitted on behalf of the User. A registration number is obtained and matched with the User number. If a registration number was previously obtained, it will be matched with the User number. The User number is also used for the User custody sub-account held with MKK. Orders cannot be accepted from accounts that have not been registered with MKK for any reason or have not been matched with a registration number.
In the event of any changes to the User's identity information (such as name, title, or identity), or contact information, the User must immediately notify Rain Turkiye. Rain Turkiye bears no liability for any damages arising from the User's failure to fulfill their obligation to provide such updates completely and/or properly and/or in a timely manner.
Know Your Customer (KYC) and Identity Verification
Before using Rain Turkiye Services, the User must apply to open a User Account via the Platform. The User must provide all information and documents required under the applicable Legislation and as may be requested by Rain Turkiye, and must set up the necessary Security Elements.
Rain Turkiye will take utmost care to fully fulfill all its obligations under applicable legislation and regulations, especially those of MASAK, in relation to know-your-customer (KYC) and identity verification procedures. In this context, Rain Turkiye shall obtain from the User all required information and documentation in accordance with MASAK regulations, applicable Legislation, and/or Rain Turkiye's internal policies/procedures and practices.
Furthermore, in accordance with its internal policies and procedures and principles of risk and prudence, Rain Turkiye may, in compliance with applicable Legislation, choose not to apply, to increase, or to modify the identity verification, due diligence measures, and/or security controls related to the continuation of the business relationship. The frequency of updates to User information, documents, and records may be reduced, or additional information and documents may be requested.
Rain Turkiye reserves the right, at its sole discretion, to reject any application to open a User Account without providing any justification.
In the case of corporate Users (including businesses and other legal entities), if they wish to open one or more sub-accounts under a main account, they agree to provide, in full, accurate, complete, and timely manner, all information and documents required by Legislation and/or Rain Turkiye at its discretion, regarding the account holders and/or the authorized company representatives.
The User declares and acknowledges that all documents and information submitted to Rain Turkiye are true, complete, accurate, and reflect reality. Otherwise, the User agrees to compensate Rain Turkiye for all damages it may suffer.
Rain Turkiye is obliged to share, to the necessary extent, information and documents regarding the User, when legally requested, with public institutions and organizations, official bodies, regulatory or supervisory authorities, judicial or administrative bodies, law enforcement, other authorized entities, and regulatory authorities that have signed international agreements with Turkiye, as well as with its business partners and financial institutions in accordance with the applicable Legislation.
Until the User completes the identity verification process with Rain Turkiye, they will not be able to buy, sell, or transfer crypto assets, nor will they be able to deposit or withdraw funds. Only Users who have completed all stages of identity verification properly will be able to fully benefit from the services provided by Rain Turkiye under this Agreement.
4. REPRESENTATIONS AND WARRANTIES:
4.1. The User declares and accepts that this User Agreement is the only agreement between him/her and Rain Turkiye regarding the Services and shall supersede all previous agreements made before in relation to the provision of the Services.
4.2. The User agrees, declares and undertakes that s/he has read all of the User Agreement, Risk Disclosure and other policies available on the Platforms; that s/he has understood the entire content thereof and that s/he accepts all provisions set forth on the Platform.
4.3. By creating a User Account on the Platforms, the User represents and undertakes that s/he resides in Turkiye. To confirm this representation, Rain Turkiye has the right to request all kinds of information and documents and in case said information/documents is/are not given/not correct, to terminate the Agreement unilaterally, at the sole discretion of Rain Turkiye, or to take the measures it shall deem necessary and appropriate, such as not continuing with the transactions, suspending, hindering, cancelling the User Account.
4.4. The User accepts, declares, and undertakes that if he/she is (i) a citizen of the United States of America (USA) and/or the European Union (EU) and/or another foreign country, or (ii) conducts transactions in the aforementioned countries, or (iii) is subject to tax laws thereof, or (iv) holds dual citizenship, or (v) is subject to other legal requirements, he/she will inform Rain Turkiye of this situation prior to the establishment of a business relationship or at any time during the continuation of such relationship when these circumstances arise. In such cases, the User’s personal, financial, and all types of information and documents will be shared with the U.S. Internal Revenue Service, the European Securities and Markets Authority (ESMA), the U.S. Commodity Futures Trading Commission (CFTC), the Office of Foreign Assets Control (OFAC), the U.S. Securities and Exchange Commission (SEC), CRS and/or other persons and authorities authorized under laws, regulations, and communiqués, including the U.S. Dodd-Frank Wall Street Reform and Consumer Protection Act, the Foreign Account Tax Compliance Act (FATCA), the standard for the Automatic Exchange of Financial Account Information in Tax Matters published by the Organization for Economic Cooperation and Development (OECD) (Common Reporting Standard, CRS), the European Market Infrastructure Regulation (EMIR), the Markets in Crypto-Assets Regulation (MiCA), as well as international agreements signed between the Government of the Republic of Türkiye and other countries, and all other relevant legal regulations, including the Revenue Administration, the Social Security Institution, the Financial Crimes authority, other official authorities of foreign countries, and all other related persons and institutions abroad. The User accepts, declares, and undertakes that he/she consents to such sharing.
4.5. The User represents and undertakes that s/he has presented only accurate and current information and documents, and that s/he has not made any incorrect statement; that, over 18 years old and s/he has legal capacity to take action and informed Rain Turkiye if s/he has a dual citizenship. In this context, without prejudice to Article 13.1 of the Agreement, the account holder accepts, declares, and undertakes that they will use the account exclusively for themselves and will not act on behalf of or for the account of any third party.
4.6. The User represents and undertakes that s/he has the qualifications set forth in article 4.5 and (i) Her/his User Account previously been suspended or banned; (ii) s/he has all rights and powers to be party to this User Agreement, s/he has no difficulty in making payments, no liquidity problem and by becoming party to this User Agreement, s/he shall not violate any other agreements and/or undertakings which s/he is party to; (iii) within the scope of applicable law, use of the Services is not restricted, s/he has not been subject to any economic embargo, included in any economic sanctions list or any lists of specifically designated or rejected persons, of any institution mainly MASAK; and (iv) in case s/he is banned from operating according to applicable law, s/he shall not use the Services. Additionally, after the sign up transaction is completed, the User shall be responsible for giving and verifying the information and documents requested by Rain Turkiye, to ensure up-to-dateness of the information and data, or to make transactions and also, to perform certain limit/transaction types. Otherwise, Rain Turkiye shall have the right to terminate the User Agreement, to take the measures it shall deem necessary and appropriate, such as suspending, hindering, cancelling the User Account. In case the information declared by the User is changed, the User shall inform Rain Turkiye as soon as possible, and shall update related information. Rain Turkiye shall not be responsible for any losses and damages arising from failure to fulfil this obligation.
4.7. By using the Platforms and giving Order, the User represents and agrees that s/he has necessary and sufficient knowledge to give such type of Orders.
4.8. The User declares and undertakes that access to the Services and using the Services, shall be under his/her own responsibility, and the loss risk in trading Crypto Assets and other transactions, may be high; that there is no warranty for gaining any yield in these transactions. The User represents and undertakes that, when having access to, or using the Platforms, s/he shall take into account following risks:
4.8.1. Sharp fluctuations and losses may occur in the price and liquidity of Crypto Assets over a short period based on a number of factors, including but not limited to changes in legislation, lack of financial regulation, lack of an assurance system such as deposit insurance protection, non-recognition of Crypto Assets as a legal payment instrument, or lack of support and guaranty by the state.
4.8.2. The User acknowledges that transactions carried out and Orders given cannot be cancelled or undone after their execution and acts accordingly. Orders that have not yet become transactions can be cancelled within the rules of the Platform. accordingly, losses due to fraudulent or accidental transactions cannot be recoverable. Some Crypto Asset transactions may be deemed to be made when recorded in a transaction ledger, which may not necessarily be the date or time when you initiated the transaction, and in some cases, “stop” Orders or cancellations may be ineffective;
4.8.3. The value of Crypto Assets may vary depending on the supply/demand level of Users against a currency and/or Crypto Asset, and cessation of supply/demand in relation to related Crypto Currency, may result in permanent and total loss of value of related Crypto Asset.
4.8.4. Risks set forth in the User Agreement may not cover all risks relating to use of the Crypto Assets and the Platforms. The User, taking into account his/her conditions and financial sources; should carefully assess whether such type of trade shall be suitable for him/her or not. The User agrees, declares and undertakes that, by accepting and giving assent for this Agreement, s/he understands the risks of his/her investment in Crypto Assets and that s/he shall not claim any responsibility against Rain Turkiye due to damages which are or may be caused by such investment. The User shall be responsible for any profits and losses due to changes in prices. In case the user suffers any loss or damage due to change in prices, s/he shall not be entitled to claim any right or receivable against Rain Turkiye.
4.9. The User declares and accepts that s/he shall not use the User Account for the following activities (“Prohibited Uses”):
4.9.1. 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;
4.9.2. Use Services to pay for, support or otherwise engage in any illegal gambling activities; fraud; money-laundering; or terrorist activities; financing weapons of mass destruction or other illegal activities;
4.9.3. Use any robot, spider, crawler, scraper or other automated means or interface, not provided by Rain Turkiye to access the Services or to extract data;
4.9.4. Use or attempt to use another User’s account without authorization, or to threaten, abuse, harass, stalk or otherwise violate the legal rights of others, or to make hateful, intolerant, impolite or violent speeches against the employees of Rain Turkiye or any other person, or to induce such type of acts;
4.9.5. Attempt to circumvent any of Rain Turkiye’s controls or technology, or attempt to access any service, for which there is no authorization to access;
4.9.6. Develop any third-party application that interacts with Services, without Rain Turkiye’s prior written consent;
4.9.7. Create or execute false, fraudulent, inaccurate, or misleading information, transactions or activities, including, but not limited to, any manipulative or pre-arranged trades; and
4.9.8. Encourage or convince any third party to engage in any of the activities prohibited under this Section.
4.10. Prohibited Uses include the use of the Services in connection with the following businesses, activities, practices or items: (i) intellectual property or proprietary rights infringement; (ii) counterfeit or unauthorized goods; (iii) drugs and drug paraphernalia; (iv) pseudo-pharmaceuticals; (v) substances designed to mimic illegal drugs; (vi) pornographic or obscene content and services; (vii) unfair, predatory or deceptive practices;
4.11. In case it is detected that the Customer makes any illegal transaction or a transaction within the scope of Prohibited Uses, Rain Turkiye shall not be responsible, by any means, for such transaction; and, in such case, Rain Turkiye shall be authorized to apply to all kinds of legal ways, to make denunciation to administrative and judicial authorities, to close the User Account for use, to freeze, suspend it, terminate the User Agreement and to take all other types of measures. In case such practices are made due to suspicious situations, the User shall not be entitled to claim any damage. Any kinds of legal, administrative and criminal responsibility arising from such type of transactions, shall be borne by the User, and Rain Turkiye shall not have any responsibility. In case, due to transactions in this context, the User suffers any loss, at Rain Turkiye and/or Rain Turkiye becomes obliged to make payment, under any name whatsoever, to any third person or institution, the User agrees, declares and undertakes that s/he shall hold Rain Turkiye harmless against any type of responsibility, and shall indemnify, immediately, in case and by lump-sum payment, any kinds of damages which may be suffered by Rain Turkiye.
4.12. The User agrees, declares and undertakes that, in case, within the scope of the Platform and/or in relation to the Services offered on the Platform, s/he makes hateful, intolerant, libellous or violent speeches against Rain Turkiye and employees of Rain Turkiye, mainly the customer services, and any other types of services and support, being offered to the User by related employee of Rain Turkiye at that moment, shall be stopped, account may be freezed/closed, or in case statements, impairing Rain Turkiye’s reputation, are made via electronic information communication means and similar media instruments, his/her account may be suspended, closed. Rain Turkiye reserves the right to record all kinds of written, verbal and other conversations between the User and the employees of Rain Turkiye.
4.13. The User declares and accepts that Rain Turkiye give him/her any consulting service, by any means, and shall not conduct any activity which may be considered as consulting service, shall not give any recommendation regarding Crypto Asset, tax, investment matters and in relation thereto; that Rain Turkiye shall not provide any service in this context; that the User shall take all decisions in said matters, on his/her own.
5. RIGHTS AND OBLIGATIONS:
5.1. Owner of the Platforms via which the Services are provided, software codes, contents, domain names, designs, logo, source code which displays other trade or service brands or similar private or confidential data and all other intellectual industrial property rights (except or contents and applications provided by third persons); shall be Rain Turkiye. All rights which belong to Rain Turkiye and which are not specified herein, shall be reserved. The User Agreement shall not give any right and authorization or license, to the User, for copying, reproducing, disseminating aforesaid assets, making them subject to reverse engineering transactions; and the User agrees and undertakes that s/he shall not change, copy, reproduce, retransmit, distribute, sell, publish said information, data and outputs, shall not derive any derivative works from them, and shall not store them.
5.2. The User Account created by the User, shall belong to the User only, and the User Account cannot be sold, made available for use by anyone else, and cannot be rent and transferred. In case the User Account is made available for use by third persons, all kinds of transactions made within the scope of the User Account, shall be deemed to have been made by the User, and in this context, the User shall not be entitled to claim any indemnity, under any name whatsoever, against Turkiye. In case the User Account is made available for use by any third person, under any title whatsoever, Rain Turkiye shall have the rights to close, suspend, freeze and terminate the User Account, and to take other measures, it shall deem appropriate. Rain Turkiye shall not be obliged to give any information to the User regarding the measures to be applied or applied. These transactions applied to the User Account by Rain Turkiye, shall not affect the User’s Crypto Assets, except for value differences which shall arise from the nature of Crypto Assets and which shall occur in the market, as stipulated in the Agreement as well. For the avoidance of doubt, provisions set forth in this article cannot be construed, by any means, as an undertaking given by Rain Turkiye regarding the value Crypto Assets.
5.3. In case a potential User, when creating User Account, fails to give requested information, or although s/he provides said information, identification cannot be made, or sufficient information cannot be obtained regarding a potential User’s the main field of activities providing income, and his/her purpose of establishing a business relation with Rain Turkiye, and making related transactions; Rain Turkiye shall have the right not to activate related User Account. In case reasonable suspicion occurs subsequently regarding sufficiency and accuracy of the identity information of a User, for whom User Account is established according to the information provided by him/her before, unless and until reasonable suspicion is removed, Rain Turkiye shall have the right to suspend, close, freeze and terminate the User Account of such User, or to take other measures it shall deem appropriate. Rain Turkiye shall have exclusive discretion regarding determination of reasonable suspicion.
5.4. The User shall be obliged to make the money transfers made by him/her, via his/her bank account. In case executed transactions are considered suspicious by Rain Turkiye within the framework of MASAK legislation and/or in accordance with the criteria that shall be determined by Rain Turkiye at its discretion; Rain Turkiye shall have the rights to ask User to declare his/her source; to request additional information and document from the User relating to executed transaction, User’s identity and/or issues which shall be determined by Rain Turkiye; to suspend, cancel related transaction, to freeze, close, terminate the User’s User Account, or to take other measures it shall deem appropriate, and to report suspicious transaction to MASAK and/or related official authorities, without being obliged to make any notice to the User. User shall not be entitled to argue and claim any damage and/or indemnity, including loss of profit, due to delay or cancellation of a suspicious transaction.
5.5. In case, at the sole discretion of Rain Turkiye, activities in the User’s User Account are considered out of regular scope of activities, Rain Turkiye shall be free to take the measures it shall deem necessary.
5.6. There may be incidents of incorrect pricing of Crypto Assets, arising from technical problems experienced on the Platforms or in the services of third persons who offer service to the Platforms. In such cases, in order to correct incorrect prices and to ensure that Services are received correctly by the User, Rain Turkiye shall have the right to cancel the transactions made during that period, to suspend User Accounts which make transaction at incorrect prices and if any payment is made to such User Accounts in line with executed transactions, to request refunding of such payments. In case payments made in line with such transactions are not refunded, Rain Turkiye reserves the right to set off its receivable against the User’s Crypto Assets or other assets with Rain Turkiye, without making any notice or warning, and its other legal rights.
5.7. Amount and/or quantity of Orders that can be sent to the Platform at once, minimum and maximum limits on the basis of Crypto Asset or Order type, shall be determined by Rain Turkiye. All transaction instructions given by the User, shall be deemed to be transaction Orders without any mistake, and given by the User’s will and consciously, and such Orders shall be under responsibility of the User completely. Cancellation of Orders sent to the Platforms and not matched yet, shall be subject to the rules applicable on the Platforms. Cancellation of Orders, sent to the Platforms and based on which transaction is executed, shall not be possible. In this context, the User shall be obliged to make necessary controls before sending any Order to the Platforms, and Rain Turkiye shall not be responsible for damages which shall arise from an Order sent to the Platforms incorrectly or incompletely. User agrees that s/he is aware that, other than exceptional cases determined by Rain Turkiye, Orders given by the User cannot be cancelled or revoked after execution of related Orders or transactions made on the basis thereon.
5.8. Orders given by the User shall be executed, only if there is demand within the scope of the market conditions. Therefore, giving Order by the User solely, shall not mean that transaction shall be made necessarily based on that Order, and Raid Turkiye has no undertaking in this regard. In this context, Rain Turkiye does not give any guarantee that the Order will be made.
5.9. Rain Turkiye shall have the right to exclusively determine the type of Crypto Assets, for trading of which it provides intermediation on the Platform. It may, from time to time, exclude listed types of Crypto Assets from the list, or add other Crypto Asset types accepted by it. Rain Turkiye, for any types of Crypto Assets excluded from the list, shall make notice to the User within a reasonable period in advance, and upon such notice and within set period, the User should transfer a Crypto Asset which shall be excluded from the list, to a Wallet out of the Platform, or to sell it to another User who shall transfer it out of the Platform. If no transaction is made within set period, in relation to exclusion of Crypto Asset from the list, no transaction can be made on the Platform in relation to related Crypto Asset; and the User agrees that related Crypto Asset shall be required to be transferred to another Wallet by the User compulsorily. The User shall not be entitled to claim any responsibility against Rain Turkiye based on these reasons.
5.10. Rain Turkiye provides trading services for crypto assets included in the Platform, which is created at its sole discretion based on certain criteria in accordance with legislation, Company policies and procedures, administrative decisions of the Company, or Company practices. The User must sign the Agreement with the understanding that he/she may only trade in the crypto assets/services offered by Rain Turkiye. In transfers made by the User to the Wallet kept with Rain Turkiye, only the types of Crypto Assets listed by Rain Turkiye, shall be made available in the Wallet. In case types of Crypto Assets not listed on Rain Turkiye’s Platform, are transferred; return of transfer, or conversion thereof into another listed asset, may be requested, provided that the costs thereof shall be borne by the User. Rain Turkiye gives no undertaking to refund the amount, even if the costs are met by the User. The User agrees, declares and undertakes that s/he shall not use, by any means, the service of Crypto Asset transfers, as payment for any goods or service; that s/he shall not request that any transfer be made to his/her Crypto Asset Wallet for this purpose; that, in case such transfer is made, s/he shall inform Rain Turkiye immediately.
5.11. Rain Turkiye cannot be held responsible for any losses and damages which shall occur or arise due to Crypto Assets purchased or sold by the user, or any misuse of other Services received within the scope of this User Agreement. In cases where actions are committed in breach of the Platform rules, Orders which cannot explained based on reasonable grounds, are sent or in any case it shall deem necessary due to security and similar reasons, Rain Turkiye shall be authorized, collectively or partially, to stop, suspend transaction Orders, and to take all kinds of measures it shall deem necessary. No responsibility can be claimed against Rain Turkiye for any damages and losses sustained by the User or 3rd persons due to all these situations.
5.12. The User agrees that s/he shall be responsible for all activities made in the User Account subject to the User Agreement, and for all legal liabilities arising from said activities (including but not limited to tax liabilities); that his/her responsibility shall not change in case Rain Turkiye fails to fulfil said obligations for any reason; that, in case any payment is made by Rain Turkiye, Rain Turkiye shall have recourse to him/her for related amounts and in such case, s/he shall pay all kinds of related amounts, to Rain Turkiye immediately.
5.13. The User agrees that Rain Turkiye, with regards to receivables arising from this Agreement or due to any other legal reason; shall have the authority to recover its receivable directly from the User’s receivables, assets and properties, and shall also have the right of set off and deduction.
5.14. For the purpose of complying with the law, no leveraged transactions are allowed on the Platforms at present. The User hereby accept, declare and undertake that she/he will not, claim interest or any additional profit similar to interest, under any name, for any type of Crypto Assets or fiat currencies on the Platform -whether it is converted to investment or not- that you may have or transact for in Rain Turkiye in her/his use of our Services. In this vein, we underline that Rain Turkiye has no obligation and/or commitment to operate the currency or Crypto Asset type she/he own on the Platform or to profit from them on her/her behalf.
Know Your Customer Principle
Capacity and Representation
-Natural Persons The Customer must have full legal capacity. Minors and persons under legal disability may benefit from the services through their parents or guardians. Within a marriage, either parent may alone represent the minor in the capacity of guardian. In such a case, Rain Turkiye assumes that each spouse acts with the consent of the other. The Customer may appoint a representative to act in his/her own name and on his/her own account. The power of attorney must be issued by a notary, consulate, or authorized institutions abroad. The scope of representation authority is determined by Rain Turkiye, interpreted according to the nature of the transaction intended to be carried out by the representative. Unless matters related to incapacity are notified in writing to Rain Turkiye, they are not considered valid with respect to Rain Turkiye. If Rain Turkiye becomes aware of the Customer’s death or declaration of absence, Rain Turkiye is authorized to block the account until a tax clearance certificate and certificate of inheritance are submitted. In such cases, no transactions shall be permitted on the account. After the submission of the tax clearance certificate and certificate of inheritance, the remaining rights and receivables will be paid to the heirs.
-Legal Entities Legal entities, including public institutions and organizations, are represented individually or jointly by their authorized representatives. Authorized representatives of the legal entity are notified to Rain Turkiye before a Rain Turkiye officer, in the application form, or through documents such as signature circulars prepared outside Rain Turkiye. Rain Turkiye may process instructions not only from the persons listed in the application form but also from those in the signature circular. The authority of authorized representatives remains valid for Rain Turkiye until changes are notified in writing by the customer. In cases where the legal entity cannot be represented individually, and due to the nature of remote service channels joint representation is not possible, the customer must designate a “user.” The user may be notified to Rain Turkiye by filling in the relevant section of this Agreement, or by means of a separate form or instruction. Transactions carried out solely by the user are binding upon the customer.
-Others Authorized representatives act on behalf of and for the account of non-legal entities such as ordinary partnerships, joint ventures, consortia, liaison offices, apartment management bodies, or embassies. In cases of joint representation, the provisions on the capacity and representation of legal entities also apply to those able to open accounts in this way. Pursuant to the legislation on the Prevention of Laundering Proceeds of Crime and applicable financial crime legislation, if, as a result of risk assessments, and/or in cases where the Customer and/or its proxy and/or representative engage in transactions on behalf of multiple persons or as a representative, or engage in unauthorized capital markets activities, except as permitted by legislation, Rain Turkiye has the right to temporarily and/or permanently suspend all Customer transactions and/or freeze accounts, after promptly informing the Customer using the fastest communication means.
-Customer Number and Accounts
Each customer approving the Agreement is assigned a unique customer number. A customer number once assigned cannot be reallocated to another customer until 10 years after the termination date of the Framework Agreement. Multiple accounts may be opened under the number assigned to the customer within the scope of the Agreement. For each customer, before accepting orders from the customer or sending orders placed on behalf of the customer, a sub-custody account must be opened or arranged at the authorized clearing and custody institution and/or the CSD (MKK), and a registry number obtained to be matched with the customer number. If a registry number has already been obtained, it is matched with the customer number. Customer numbers are also used for the customer sub-custody accounts at the authorized clearing and custody institution and/or MKK. Orders are not accepted from accounts without a registry at the authorized clearing and custody institution and/or MKK, or without a registry match. Any changes in the names of individual customers or the titles of legal entity customers are reported immediately to the authorized clearing and custody institutions and/or MKK once learned.
-Joint Accounts
A joint account is an account owned by more than one customer. A joint account is opened upon the joint instruction of customers who have separately signed the Agreement. The provisions of the Agreement applicable to these customers shall apply both to their individual accounts and to the joint account. The instruction for the joint account shall specify whether the right of disposal over the joint account shall be individual or joint. In the absence of contrary instruction, each joint account holder shall be authorized to act independently on the account.
In an individually authorized joint account, each account holder shall be entitled to exercise, without the approval of the other, all rights and powers that a sole account holder would have in a single account. This includes independently making any commitments or transactions, receiving services provided in the Agreement(s), giving instructions related to such services, withdrawing cash, instructing cash and securities transfers and remittances in favor of themselves or third parties, depositing and withdrawing collateral, transferring funds to any existing Rain Turkiye account, closing accounts, carrying out all types of transactions including short sales and margin trading, collecting interest balances or opening new accounts, performing any operations on the Platform, obtaining or changing usernames and passwords, and appointing third parties as representatives to exercise these rights and powers.
In individually authorized joint accounts, each account holder may also grant a power of attorney to any third party to exercise authority over the joint account. In such a case, the joint account holders acknowledge and declare that the appointed proxy or proxies are authorized to perform all transactions related to the account on their behalf as if they themselves had acted, and that the results of such transactions will be binding on all account holders. The account holders have no right to object to Rain Turkiye in this regard.
In jointly authorized joint accounts, all rights and powers must be exercised by all account holders simultaneously and collectively. For all types of joint accounts, each joint account holder represents the others with respect to the acceptance of notices and notifications; accordingly, any notice or notification made to one joint account holder shall be deemed to have been made to the others as well.
If Rain Turkiye receives any legal notification such as an attachment, injunction, or other order regarding any of the joint account holders, the transaction shall be executed on that account holder’s share or on the entire account, as specified in the notification. In the event of the death, declaration of absence, or restriction of capacity of one or more of the joint account holders, or similar circumstances, the assets in the account shall be divided in proportion to the shares of the joint account holders (if shares are not predetermined, they shall be divided equally), and the remaining balance shall continue for the benefit of the surviving joint account holders. When Rain Turkiye becomes aware of a death or declaration of absence, the account shall be blocked until a tax clearance certificate is provided by the relevant tax office. In the event of the death of one joint account holder, regardless of whether Rain Turkiye is aware of the death, any payments or deliveries made to the surviving account holders shall release Rain Turkiye from liability to the tax offices or the heirs of the deceased, and the surviving account holders shall be deemed to have assumed all such responsibilities jointly and severally.
In individually authorized joint accounts, in order for investment transactions to be carried out, it is required that all account holders have approved this Agreement and declared that they have received a copy of the Agreement. Rain Turkiye, upon the Customer’s instruction, is authorized to credit the receivable balance of the joint account to any joint or personal demand deposit account at a bank, or to any joint or personal accounts in the name of the account holders existing or to be opened at Rain Turkiye. Rain Turkiye is also authorized to transfer or credit funds from any individual or other joint accounts of the account holders at Rain Turkiye to the joint account that is the subject of this Agreement.
Rain Turkiye shall have a pledge, lien, set-off, and deduction right over the entire joint account, without the need for any notification, for any debts and obligations owed or to be owed to Rain Turkiye by any of the joint account holders. Rain Turkiye is authorized to liquidate such rights and to set them off partially or wholly against its receivables. Each joint account holder acknowledges and declares that they are jointly and severally liable for obligations arising under the Agreement(s), for instructions given by the other account holder(s), and for all debts arising from the use of the account(s).
Pursuant to legislation, in cases where a prohibition on transactions is imposed on one joint account holder, the other account holders are also prohibited from executing transactions on the relevant account(s).
By fulfilling the disposal and transaction instructions of any joint account holder, and by making payments to any of them in proportion to the payment, Rain Turkiye is discharged of liability toward the other joint account holders.
If Rain Turkiye sends account statements showing the current status of the accounts to any of the account holders, or if it issues warnings, notices, or notifications regarding the account, the other account holders shall be deemed to have been informed of the account statements, warnings, notices, or notifications as well.
In the event of the death of one of the account holders, the share of the deceased, together with its rights and obligations, shall pass to his/her heirs. If Rain Turkiye is unaware of the death and/or this matter is not reported to Rain Turkiye by the other account holders, and Rain Turkiye acts upon the instructions given by another account holder, Rain Turkiye shall bear no liability toward the heirs of the deceased or the tax offices for payments made pursuant to such instructions. All responsibility in this regard shall rest with the account holder(s) giving the instruction.
Each account holder is jointly and severally liable for the debts related to the joint account.
None of the account holders may prevent Rain Turkiye from making payments from the account to other account holders merely by sending a notice or warning. However, if a duly issued attachment, precautionary attachment, or injunction is served on Rain Turkiye by the competent authorities, Rain Turkiye may suspend payments from the account in accordance with the content of the decision.
-Power of Disposal, Representatives, and Proxies
In transactions carried out in the name of the Customer at Rain Turkiye, the natural person Customer and/or persons authorized by the Customer through a notarized power of attorney, and the authorized signatories of a legal entity Customer whose specimen signatures have been submitted to Rain Turkiye, shall have the authority of disposal. In the event of revocation and/or modification of representatives and/or degrees of representation, or revocation of powers granted under a power of attorney, the Customer must immediately notify Rain Turkiye of such changes. Unless Rain Turkiye is notified in writing together with the documents required by law that these authorizations have been revoked or modified, such powers of disposal shall remain in force, and the Customer shall be liable for any damages resulting from failure to provide such notifications. Notifications made by Rain Turkiye to the representative(s) concerning the Customer shall be deemed as made directly to the Customer.
Unless specifically restricted, general powers of attorney confer upon the attorney the authority to represent the Customer in all dealings with Rain Turkiye. If the Customer grants a power of attorney to a third party or parties, any transactions carried out by such attorney(s) shall be deemed to have been made as a result of the Customer’s own choice and decision and shall have effect in the name and on behalf of the Customer. If the transactions carried out by the authorized attorney do not meet the Customer’s needs, involve special risk factors, or if market price movements or similar conditions develop to the detriment of the Customer’s position, resulting in losses that may even exceed the deposited amount, the Customer accepts that Rain Turkiye shall bear no liability and shall in no way be held responsible for such losses, and that the Customer shall not seek recourse against Rain Turkiye. The Customer shall be responsible for all consequences arising from the loss or restriction of the legal or contractual capacity of the Customer or any third party authorized with signature and disposal authority.
Unless the loss or restriction of legal or contractual capacity of the Customer or his/her representative is notified to Rain Turkiye in writing, signed by the Customer’s authorized persons, Rain Turkiye cannot be held liable. The mere fact that such circumstances have been publicly announced or published in media outlets does not impose any responsibility on Rain Turkiye without a specific written notification. Unless Rain Turkiye receives such special written notification, neither the Customer nor their representatives may hold Rain Turkiye liable.
If the Customer has not given explicit instructions to the proxy on how the account should be operated or on the investment strategy, Rain Turkiye shall apply the relevant tests stipulated in legislation to determine whether the proxy has the knowledge and experience to understand the risks of transactions carried out in the portfolio or account of the actual account holder. Rain Turkiye shall verify the identity of the Customer and his/her authorized representatives, and compare their specimen signatures with the signatures placed on documents completed at Rain Turkiye. Rain Turkiye shall exercise reasonable care in comparing signatures, but shall not be liable for the consequences of similarities in signatures not discernible at first glance, or for the falsification of powers of attorney and/or other documents submitted to prove disposal authority over the account. Except in cases of gross negligence attributable to it, Rain Turkiye is not obliged to examine and investigate the authenticity of such documents presented to it, and cannot be held responsible for fraud, error, or forgery in such documents.
Within a marriage, either parent may solely represent the child in the capacity of guardian. In such a case, Rain Turkiye assumes that each spouse acts with the consent of the other. While the marriage continues, either parent may operate an account opened in the name of the child in their capacity as guardian. In the event of the death of one parent, the surviving parent, or in the case of divorce, the parent to whom custody has been granted by court, may operate the account opened in the child’s name. The guardian acting on behalf of the child accepts and declares that the obligations set forth in the Agreement shall also apply to and bind him/her personally. However, Rain Turkiye, at its discretion, shall not be obliged to provide services incompatible with an account opened on behalf of a child.
The guardian accepts that the password provided by Rain Turkiye for the account opened on behalf of the child shall be used solely by him/her, and that in the event of its use by the child or by third parties, Rain Turkiye shall bear no liability, and the guardian shall be responsible for all transactions carried out by the child.
A custodian/guardian, while operating accounts on behalf of the Customer, must act in compliance with the law, submit the court decision confirming their appointment, and, where deemed necessary by Rain Turkiye, obtain the relevant court’s permission. The custodian/guardian acting on behalf of the Customer accepts that the obligations of the Customer set forth in the Agreement shall equally apply to and bind him/her personally, and that he/she shall be personally liable for any transactions exceeding the granted authority.
-Declaration of Beneficial Ownership
Within the scope of this Agreement, the Customer declares that in all accounts held with Rain Turkiye, he/she acts in his/her own name and on his/her own account, and not on behalf of or for the account of any other natural or legal person. In cases where transactions are carried out on behalf of another person, the identity details of such natural or legal person on whose behalf the transaction is conducted must be immediately and in writing notified to Rain Turkiye in accordance with Article 15 of Law No. 5549. The Customer accepts, declares, and undertakes that in transactions requiring identification carried out through Rain Turkiye, he/she does not act on behalf of another person, and that if acting in his/her own name but on behalf of another person, he/she is obliged to notify Rain Turkiye in writing of the identity of such person before executing the transaction, and that failure to comply with this obligation is subject to criminal sanctions. The fact that this Agreement has been signed/approved by the Customer means that the Customer accepts and undertakes to act only in his/her own name and account, or in the name and account of the natural or legal person for whom he/she is an attorney.
The Customer may not act on behalf of multiple persons or in the capacity of representative in a manner that would amount to engaging in unauthorized capital markets activities. The Customer acknowledges that such conduct falls within the definition of unauthorized brokerage activity as set out in the relevant regulations of the Capital Markets Board (SPK), and accepts, declares, and undertakes that if Rain Turkiye is required to pay material and moral compensation pursuant to an SPK report and/or judicial ruling, the Customer shall indemnify Rain Turkiye for all direct, additional, and consequential material and moral damages it incurs as a result.
-Signature Verification
Rain Turkiye verifies the identity and signature of the Customer or his/her authorized representatives (proxies) by comparing the specimen signatures affixed on application forms, the Agreement, and/or other documents such as signature circulars submitted to Rain Turkiye. Rain Turkiye may also verify the accuracy of the information provided by the Customer.
Rain Turkiye shall exercise reasonable care when comparing signatures across physical and/or electronic/digital documents. However, Rain Turkiye shall not be liable, except for faults attributable to it, for: a) consequences of similarities in signatures not distinguishable at first glance, b) consequences of fraud and forgery, c) malfunctions or failures of the general or special communication systems it relies upon, d) errors, deficiencies, or miscommunications of information and instructions transmitted by fax, or for repeated transactions resulting from confirmation letters lacking the phrase “for confirmation.”
Even in cases where a fault attributable to Rain Turkiye may exist, Rain Turkiye shall not be responsible for any loss, loss of profit, moral damages, or default interest that the Customer may suffer in this way.
-Customer Confidentiality
Rain Turkiye does not disclose customer-related secrets to anyone other than those authorized under the relevant legal regulations. The confidentiality of the Customer’s identity and transaction information held with Rain Turkiye is essential. Information and/or data transmitted in order to fulfill obligations arising from the Capital Markets Law No. 6362, the Law No. 5549 on the Prevention of Laundering Proceeds of Crime, and other applicable legislation, as well as to comply with information retention, reporting, and notification obligations imposed by the Capital Markets Board (SPK), the Central Securities Depository (MKK), the Financial Crimes Investigation Board (MASAK), the Turkish Capital Markets Association (TSPB), the Revenue Administration/Tax Offices, and other authorities, shall not be deemed within the scope of customer confidentiality.
Furthermore, provided that a Confidentiality Agreement has been signed, the sharing of information with institutions providing services within the scope of products and services offered by Rain Turkiye, with other custodians, financial institutions, and audit firms for the purposes of risk management, shall not constitute a breach of customer confidentiality.
6. PROVISIONS REGARDING OPENING, USE AND CLOSURE OF THE USER ACCOUNT:
6.1. The User, by provision of the information and documents, scope of which shall be determined by Rain Turkiye at its discretion, and verification of the phone number and e-mail address declared to Rain Turkiye and ID verification through video calls and electronic signing of the User Agreement and its annexes; shall create a User Account and shall become a member of the Platform.
6.2. The User can transfer money via domestic accounts with Turkish banks, opened in the name of the User, to his/her User Account on the Platform. Rain Turkiye’s right to make exceptional practices in this context, by providing information to the User. Monies transferred by the User, not in compliance with the procedure defined in the Agreement, and monies sent by third persons or those, sender of which is not clear, shall not be accepted by Rain Turkiye, and shall not be credited to the User Account, and said funds shall be returned back to the sender account. Money transfer transactions to the User Account, can be made on 7/24 basis, by way of remittance and other transfer methods permitted within the scope of the limits set according to related legislation. And, money transfer transaction by EFT shall be made according to the transaction times of the bank, to which related funds shall be transferred.
6.3. Monies sent by the Users, monies which stand to the credit of the bank accounts of Rain Turkiye, which, however, shall belong to the users, shall be traced as segregated from the assets of Rain Turkiye. Monies which shall be paid by Rain Turkiye to the User, shall be sent to the domestic accounts opened with Turkish banks, in the name of the User exclusively. In order to define the accounts, to which said funds shall be transferred, the User should have made money transfer to Rain Turkiye’s accounts before. Monies which shall be paid to the User, shall be sent to his/her recorded bank account, at the latest within the business day following the transaction date, except for force majeure events. However, Rain Turkiye reserves the right to postpone transfer of related funds, for a period of 7 business days, upon occurrence of exceptional situations. Due to occurrence of any such situation, Rain Turkiye shall not be entitled to raise any claim against Rain Turkiye, under any name whatsoever, such as interest, yield, damages, indemnity, etc.
6.4. Rain Turkiye shall be entitled to operate jointly with a third party Virtual Asset depository institution, in order to preserve/keep the Users’ Crypto Assets. Any Crypto Asset purchased by the Users via Rain Turkiye Platform, shall be kept in a secure manner. Your Crypto Assets shall be collected together with the Crypto Assets of other Users, in a multi-purpose wallet. Therefore, your User Crypto Assets shall not be segregated, physically, from the Crypto Assets of other Users; however, they shall be segregated from the Crypto Assets of Rain Turkiye.
6.5. The User can have only 1 (one) User Account on the Platform. The User shall be entitled to use his/her User Account on the Platform, only in accordance with the terms and conditions stipulated in this Agreement, and the purpose set forth in the Agreement. In case there are more than one User Accounts used by the same person, Rain Turkiye shall have the right to suspend, freeze, close related User Accounts, or to take other measures it shall deem necessary, without need for serving any notice. In this context, Rain Turkiye shall have the right to request additional identity certificate or other documents for control purposes, and until and unless such control is performed, to suspend access to the User Account or to stop the transactions.
6.6. The User agrees, declares and undertakes that, in case any bonus or promotion is loaded, by Rain Turkiye, onto the User Account on the Platform, such bonus or promotion can be taken back, at the discretion of Rain Turkiye, in case of any violating act; that, in any case, said bonus or promotion shall be valid as long as the User continues to be a Platform User and Rain Turkiye maintains its discretion in the same manner; that, in case the User’s User Account on the Platform, is deleted for any reason, bonus or promotion shall not be delivered to the User.
6.7. Transactions of depositing and withdrawing money to/from the User Accounts within the scope of the Platform, shall be made in accordance with the principles which shall be laid down by Rain Turkiye.
6.8. The User agrees, declares and undertakes that, in case there is balance amount less than 75 TL (Yetmişbeş Turkish Liras) or any other amount to be determined by Rain Turkiye, standing to the credit of his/her User Account, it shall not be possible for Rain Turkiye to repay such amount available in the User Account, back to the User by bank transfer, and if s/he wants to take back, by bank transfer, the amount available in his/her User Account, s/he should first increase the amount available in the User Account, to a minimum amount of 75 TL (seventyfive Turkish Liras); and in this context, if required, s/he should load a balance onto his/her User Account, as required to reach said amount.
6.9. Rain Turkiye shall be authorized to close/ terminate, at its discretion, the User’s User Account, as a result of considerations Rain Turkiye shall make within the scope of this Agreement, CMB regulations, MASAK legislation and/or its own policies without prejudice to the provisions of Article 18 of the Turkish Commercial Code.In the event that Rain Turkiye exercises its right of termination, all debts of the User shall become due and payable, and the default provisions set forth in this Agreement shall apply. While calculating the User’s receivables and debts and liquidating the account, Rain Turkiye may exercise its rights of lien and pledge.. If Users who wish to continue receiving services from Rain Turkiye within the timeframes notified by Rain Turkiye for regulatory compliance fail to approve the Agreement and/or its annexes, or fail to complete the requested missing information and documents, their accounts shall be suspended since they will not comply with applicable legislation, and if the deficiencies are not remedied within the specified warning periods, the accounts shall be unilaterally closed by Rain Turkiye.
From time to time, Rain Turkiye may organize various promotions and campaigns regarding accounts and the use of Services, provided that they comply with applicable legislation. The User’s eligibility to benefit from such campaigns and promotions depends on the conditions in effect at the relevant date and on the accounts being opened and used with accurate and complete information under this clause. In the event of any violation of this clause, the User shall be deemed not to have acquired ownership rights over any gift received under a campaign or promotion due to not being the rightful beneficiary. Accordingly, without the need for any notice and/or notification to the User, Rain Turkiye shall collect/reclaim the unjustly obtained gift by exercising its set-off, deduction, and lien rights, either in kind and/or in equivalent value.
6.10. The User shall be entitled to close his/her User Account on the Platform, at any time s/he wishes to do so. However, the User knows that, in case there is any Crypto Asset in the User’s User Account on the Platform, it shall not be possible, technically, to close his/her User Account, without transferring said Crypto Assets first. Within the scope of the transactions for closing the User Account, the User may transfer the Crypto Assets in his/her User Account, to his/her accounts on platforms out of Rain Turkiye, and may convert them into Turkish Lira, and may request Rain Turkiye to return them back to him/her accordingly. Within the scope of this article, obligations of Rain Turkiye regarding the data it shall be obliged to keep according to related legislation, shall be reserved.
6.11. You acknowledge and declare that Rain Turkiye has the right to suspend your access to your account at any time and for any reason, terminate this Agreement, and that in such a case, your rights and obligations under this Agreement shall continue. You also acknowledge and declare that Rain Turkiye has the right to take any necessary and appropriate measures in accordance with this Agreement and/or applicable regulations.
Unless otherwise stipulated by law, you authorize Rain Turkiye to refund your balance to any bank account linked to your account. The refund amount will be processed after deducting transaction fee discounts, rebates, and/or any damages that may be claimed by us. If you have a balance of Crypto Assets in your account, you agree to provide a valid Crypto Asset address for their return. If you fail to provide a Crypto Asset address, you will be deemed to have authorized the sale of the remaining Crypto Assets on the open market at a price within 20% of the Valid Market Price, and the proceeds (after deducting transaction fee discounts, rebates, and/or any damages owed) will be refunded to any bank account linked to your account.
7. PROHOBITION OF USE
7.1. Rain Turkiye have the right to determine transactions and consequently your trading as Prohibited in some circumstances such as defined herein, but not limited to;
7.1.1. Using external or third-party programs in trading;
7.1.2. Fraudulent and suspicious activity;
7.1.3. Transactions conducted in conjunction with other Users for taking advantages not in good faith;
7.1.4. Usage of multiple IP addresses to conduct DDoS attack;
7.1.5. Making price latency regarding the system;
7.1.6. Sniping;
7.1.7. Unusual/suspicious transactions;
7.1.8. Placing orders based on manipulated prices;
7.1.9. Commission laundering.
7.1.10. Trading on other person(s) behalf.
7.1.11. Scalping
7.2. By accessing and using Rain Turkiye services, you hereby represent and warrant that;
7.2.1. You apply and/or open not more than one Account
7.2.2. You reside in any country where such use would be not contrary to local law or regulation as well as other laws and regulations applicable to You.
7.2.3. Our Services and Products is only available to persons residing in a country where Crypto Asset trading activity or such services would not be contrary to local law or regulation. It is your responsibility to ascertain the terms of and comply with any local law or regulation to which you are subject;
7.2.4. You are a resident in the Republic of Türkiye and a citizen of the Republic of Türkiye.
7.2.5. You are eligible according to the Eligibility provision hereto,
7.2.6. You have not been included any Prohibited Activities,
7.2.7. You have not been acted against the Unlawful Possession provision,
7.2.8. You have not been included in any trade embargoes or economic sanctions list (such as the united nations security council sanctions list), the list of specially designated nationals maintained by OFAC (The Office Of Foreign Assets Control Of The U.S. Department of The Treasury), MASAK (Turkish Republic/Financial Crimes Investigation Board) or the denied persons or entity list of such Corporation.
7.2.9. You have no direct or indirect relationship with high-risk and sanctioned countries/regions such as Afghanistan, Bangladesh, Belarus, Burundi, Donetsk, Armenia, Morocco, Southern Cyprus, South Sudan, Guinea, Haiti, Iran, Congo, Crimea, North Korea, Cuba, Libya, Luhansk, Myanmar, Nepal, Nicaragua, Puerto Rico, the Russian Federation, Somalia, Sudan, Syria, Ukraine, Venezuela, Yemen, and Zimbabwe, as listed under the sanctions lists of OFAC, the UK HM Treasury, the European Union, and the United Nations.
7.2.10. For the purposes of the Terms of this Agreement, you declare that you are not a head of state, a senior politician, a high-ranking government, judicial, or military official, a senior executive of a state-owned company, or a key official of a significant political party (collectively referred to as a "Politically Exposed Person" ), nor are you a relative of a Politically Exposed Person. If you are or become a Politically Exposed Person or a relative of one, you must immediately inform Rain Turkiye.
7.3. In case of Prohibited use of your Account and/or breaching any of your representations and/or warranties in this Agreement; we may suspend and/or close your Account and freeze your Funds permanently and/or temporarily with our sole discretion We may, at any time, cease to offer any Services and/or remove Products and/or Crypto Assets from our offering. If you have Funds under a Service that is being terminated or in a Product and/Digital Asset that is being removed, we may provide you notification, where possible, to allow you to withdrawal your Funds. Where notice is given, you should cancel any Orders in respect of such affected Product or Service and/or Crypto Asset. If you do not do this, you accept that Rain Turkiye has the right to cancel any Orders.
8. USER IDENTITY VERIFICATION
8.1. Your registration of an account with Rain Turkiye will be deemed your agreement to provide required personal information for identity verification. Such information will be used to verify Users' identity, security reasons, identify traces of money laundering, terrorist financing, fraud and other financial crimes. In addition to providing such information, you agree to allow us to keep a record of that according to the Turkish laws and regulations and/or Turkish regulatory bodies decrees, communiqués and/or in compliance with global industry standards on data storage. You also authorize us to conduct necessary investigations directly or through a third party to verify your identity or protect you and/or us from financial crimes, such as fraud, money laundering The information we require to verify your identity may include, but is not limited to, your name-surname, ID number, email address, proof of residence, occupation, contact information, phone number, username, government-issued ID, date of birth, and other information collected during account registration. After registration, you must ensure that the information is true, complete, and timely updated when changed. If any of the information you provided is incorrect, false, outdated or incomplete, Rain Turkiye reserves the right to terminate the Rain Turkiye services. You hereby acknowledge and agree that you have the obligation to update all the information if there is any change. By registering an account, you hereby authorize Rain Turkiye to conduct investigations either directly or through a third party, to verify your identity or protect you, other users and/or Rain Turkiye from fraud or other financial crimes, and to take necessary actions based on the results of such investigations. You also acknowledge and agree that your personal information may be disclosed to third party providers and agencies for fraud prevention or financial crime prevention, which may respond to our investigations in full.
Rain Turkiye may establish various security procedures from time to time for the creation and maintenance of a Rain Turkiye Account and for use of the Services. These procedures may include, but are not limited to, the creation of a unique password and the compulsory use of enhanced security features (including, for example, two-factor authentication).
9. ACCOUNT SUSPENSION
9.1. You agree and understand that Rain Turkiye have the right to immediately;
(i) suspend your account and all accounts beneficially owned by you and any members of your household or for which you are a representative or authorized signatory and, in the case of entities, any affiliates (each, a "Related Account"),
(ii) freeze/lock the funds and assets in all such accounts,
(iii) We detect crypto transfer to illegal sites,
(iv) We suspect usage of the account by another person apart from account owner,
(v) We suspect that the account is used for illegal activities,
(vi) suspend your access to Rain Turkiye, until a determination has been made, if we suspect, in our sole discretion, you and/or any such accounts to be in violation of:
Any provision of the Agreement;
You further agree and understand that we at any time since the opening of an account (each, a "Conduct Violation") we have the right to immediately (i) suspend your account and any Related Account, (ii) freeze/lock the funds and assets in all such accounts, and (iii) suspend your access to Rain Turkiye until a determination has been made, if: • We are required to do so by a regulatory authority, court order, subpoena, or binding order/decree of a government authority; • The account is, or is related to any account that is, subject to any pending litigation, investigation, or governmental proceeding; • The account has a negative balance for any reason; • The account has a balance that needs to be reconciled for any reason; • Your deposit was returned to your bank; • We suspect that someone is attempting to gain unauthorized access to the account; • We suspect that there is unusual activity in the account; • We suspect that you are using Rain Turkiye, your login credentials, or other account information in an unauthorized or inappropriate manner; or Rain Turkiye. We may, in our sole discretion, give Written Notice that your account has been suspended and may, in our sole discretion, disclose the reasons for suspension, if permitted to do so by law. If we reasonably believe that unauthorised persons are using your Access Code we may, without prior notice, suspend your access to Rain Turkiye . Where we do this we will attempt to contact you as soon as possible to inform you and re-arrange access. You should be aware that our Services and/our website(s) may from time to time experience technical difficulties which are outside our reasonable control, such as failures, delays, malfunction, software erosion or hardware damage, which could be the result of hardware, software or communication link inadequacies. Such difficulties could lead to possible economic and/or data loss. Where this happens neither we, nor any of our officers, directors and employees will be liable for any losses, damages and expenses which might occur as a result of or arising out of using, accessing, installing, maintaining, modifying, de-activating, or attempting to access either the Services and/or our website(s) or otherwise. We may suspend access to your account and use any of our Services and/or our website(s) to carry out maintenance, repairs or upgrades. We shall use reasonable endeavors to give you notice of this and to provide alternative ways for you to trade or obtain information as to your Account but this may not be possible in an emergency.
10. ACCOUNT INVESTIGATIONS
10.1. You agree and understand that we have the right to immediately investigate your account and any Related Account, if we suspect, in our sole discretion, that you and/or any such account has committed a Conduct Violation and/or if there exists or occurs any circumstances in relation with Prohibition of Use and/or Eligibility.
You further agree and understand that we have the right to immediately investigate your account and any Related Account, if:
• We are required to do so by a regulatory authority, court order, facially valid subpoena, order, writ, judgment, injunction, decree, determination or award, summons, or binding order of a government authority or other notice of legal process;
• The account is, or is related to any account that is, subject to any pending litigation, investigation, or governmental and/or regulatory proceeding;
• The account has not been accessed or there is no activity in your Account in one year or more.
We may, in our sole discretion, give Written Notice yatırımthat your account is the subject of an investigation and may, in our sole discretion, share the general nature of the investigation, if permitted to do so by law.
If we suspect that an account has committed a Conduct Violation and/or if there exists or occurs any circumstances in relation with Prohibition of Use and/or Eligibility we may, in our sole discretion, give Written Notice and share the general nature of the situation that appear to have been violated.
You agree and understand that upon our request and within the time frame designated by us, you and any related party are obligated to respond to any interrogatories in writing and to furnish any documentary materials and other information in connection with any investigation initiated pursuant to this User Agreement. You agree and understand that neither you nor any related party shall impede or delay any investigation or proceeding conducted pursuant to this User Agreement, nor refuse to comply with any request made pursuant to this User Agreement.
Following the conclusion of an investigation, Rain Turkiye will make, in its sole discretion, a determination based upon the weight of the evidence. If a suspected Conduct Violation and/or Prohibition of Use and/or Eligibility issues, Rain Turkiye may consider a variety of factors in assessing , including, but not limited to:
• Whether your intent was to induce others to trade when they otherwise would not have;
• Whether your intent was to affect a price rather than to change your position;
• Whether your intent was to create misleading market conditions;
• Market conditions in the impacted market(s) and related markets;
• The effect on other market participants;
• Your historical pattern of activity;
• Your withdrawal/deposit activities;
• The size of your order(s) relative to your position and/or capitalization;
• The number of orders;
• Your ability to manage the risk associated with your order(s) if fully executed;
• The duration for which your order(s) was exposed to the market;
• The duration between, and frequency of, non-actionable messages;
• The queue position or priority of your order in the order book;
• The prices of preceding and succeeding bids, offers, and trades;
• The change in the best offer price, best bid price, last sale price, or other price that results from the entry of your order; and
You agree and understand that if your account or any Related Account is determined, in our sole discretion, to be have committed a Conduct Violation and/or if there exists or occurs any circumstances in relation with Prohibition of Use and/or Eligibility, we have the right to terminate any such accounts and take any and all necessary and appropriate actions pursuant to this User Agreement and/or Applicable Laws and Regulations.
11. ACCOUNT REMEDIES FOR BREACH
11.1. Any trading fee discounts or rebates that you have received in connection with this User Agreement at any time and any other damages suffered by us. You further agree and understand that if we determine, in our sole discretion, (i) that you have colluded, coordinated, and/or collaborated with any other User to commit a Conduct Violation, (ii) if you breach whole or any part of the provisions of the Agreement you and/or that User; will be jointly and severally liable for the whole value of any trading fee discounts, rebates, and/or all kind of damages to which we are entitled under this subsection and any such amounts may be debited, in our sole discretion, from your account, that User's account, or in each case, any Related Account. We may deduct any such amounts from the respective Crypto Asset Account(s). If withdrawing from a Crypto Asset Account, we will withdraw sufficient Crypto Assets as calculated using that day's Rain Turkiye Auction. In addition, you agree and understand that we may alternatively collect some or all of any such amounts by offsetting them against any amount owing to you from Rain Turkiye.
12. FEE POLICY
12.1. Rain Turkiye shall announce its fee policy relating to the Services, in the Platforms’ Fees &Commissions section. The Fees shall be effective as from the moment when they are announced in the help section.
12.2. Rain Turkiye shall have the right to charge commission (=service fee), at a rate it shall determine at its discretion, to the Users for every buy and sell transactions. Users can reach the current commission rates charged by Rain Turkiye; in the “Commissions and Fees” section of the Platforms, at any time. Rain Turkiye shall have the right to make change in said fees and rates, from time to time. The User acknowledges, in advance, Rain Turkiye’s right to change the commission rate unilaterally, and in case any transaction is made by the User following such change, the User shall be deemed to have accepted new tariff on fees, and fees shall be charged based on the new tariff on fees.
12.3. Rain Turkiye shall be entitled to charge a transaction fee determined by itself for each Turkish Lira withdrawal transaction. Upon acceptance of, and assent to this User Agreement, the User shall be deemed to have accepted charging of this transaction fee.
12.4. Crypto Asset transfers are non-refundable, so it is not possible to refund the commission or transaction fees allocated by Rain Turkiye, and the User shall not have the right to request a refund of these fees.
13. DISCLAIMER OF LIABILITY:
13.1. The User's transaction history is kept by Rain Turkiye, and the User is responsible, personally, for tracking the User Account and preserving his/her password and username and ensuring that the verification codes sent by the system are protected during their validity period, not shared with third parties or intercepted by third parties in any way. The User must report unauthorized and suspicious transactions of all kinds to Rain Turkiye immediately, using the contact information specified below. Rain Turkiye shall not be liable for any damages that shall arise in cases where the User Account is hacked and is used by unauthorized persons. The user shall be responsible, personally, for the safety of his/her User Account and the information required to access the User Account.
13.2. The User shall only be able to use his/her User Account, created by him/her on the Platforms, in accordance with the applicable legislation and law. Rain Turkiye shall not be responsible for any actions taken to the contrary, by the User. Rain Turkiye shall be entitled to take necessary measures and to exercise all its legal rights, in case any breach is detected.
13.3. Any legal and criminal responsibility regarding all transactions made via the Platforms, shall be borne by the User. Due to the nature of Crypto Assets, it is not possible to determine how Crypto Assets purchased via the Platforms, are used, to whom they are transferred, and whether they are used in a crime. Rain Turkiye shall not be liable for any direct or indirect, negative or positive damages arising from any misuse of the Crypto Assets.
13.4. Rain Turkiye shall, from time to time, perform identity and/or address verification and confirmation procedures, for transactions of deposit and withdrawal of Crypto Assets, made by the User. These procedures may also include requesting the bank account information of a person, to the User Account of whom money transfer is made.
13.5. In the event planned or unplanned interruptions are experienced in the internet network used by the User during the transactions made via the platforms, force majeure events and/or technical failures occur, any cyberattack is made, or threatened to be made, to the Platform, or any problem occurs impeding to send Orders; completion of a transaction may be delayed. Rain Turkiye shall not be responsible for any delay in the transactions of money depositing or withdrawal by Crypto Assets.
13.6. Rain Turkiye has the authority to lay down the rules regarding the transactions of money depositing and withdrawal in the User Accounts on the Platforms, and to make changes, at any time at its discretion.
13.7. The User is informed about the security measures that can be taken against existing risks when deemed necessary. However, Rain Turkiye 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.
13.8. Rain Turkiye, in relation to the results of contents offered by it, which shall be obtained by any person or institution; gives no warranty, explicit or implicit, regarding all kinds of merchantability, performance, marketability, being fit for a certain purpose. All contents are offered “as is”, to the User. Rain Turkiye cannot be held responsible for any damages, including any loss of profits and negative damages which may arise due to use of the contents. Contents offered by Rain Turkiye, any reference to any person, institution, company, brand and similar references; shall not be a recommendation that shall affect their market values, alignment according to various criteria, brand values, and regarding purchase, sale of, and holding, the capital markets instruments.
13.9. Rain Turkiye makes the necessary efforts, as a prudent merchant, to ensure security of the User's Crypto Assets. Rain Turkiye is not responsible for any attacks which may be committed against Crypto Assets of the User, despite the measures taken by Rain Turkiye. Similarly, any kinds of damages arising from User error, shall be borne by the User, and Rain Turkiye cannot be held responsible for such damages.
13.10. Rain Turkiye shall execute the Orders given by the User relating to the Services defined in this Agreement, within the scope of the Platform rules and in a reasonable period of time. Provided however that, Rain Turkiye shall not be responsible for damages arising from failure to execute said Orders within a reasonable period of time, due to technical reasons, force majeure events, provisional impossibility or other reasons which are not attributable to, or which cannot be controlled by Rain Turkiye. Rain Turkiye gives no warranty that the Platforms operate or will operate smoothly, and shall not be responsible for any direct or indirect damages arising from technical problems which shall occur on the Platforms or in the services of third persons offering services to the Platforms.
13.11. Rain Turkiye, by informing the Users before a reasonable period of time (if possible); shall be entitled to make periodic maintenance and updates, it shall deem necessary for operation of the Platform in healthy manner. The User cannot claim that any damage is suffered due to transactions not made and Order not executed within said period of time.
13.12. The User shall be obliged to make the transactions of depositing money to the User Account and withdrawing money from the User Account, within the periods set by Rain Turkiye. In case said transactions are made out of set periods, Rain Turkiye shall not be responsible for any direct and indirect damages that may occur.
13.13. The User can transfer Crypto Assets, from his/her Crypto Asset Wallet to third persons’ Crypto Asset Wallets, in consideration for the Service fees announced on the web site. The User agrees, declares and undertakes that s/he is informed that an executed Crypto Asset Transfer transaction, cannot be revoked, a transferred Crypto Asset cannot be traced; and that responsibility for transfer of the Crypto Assets, amended on the Platform and transferred to any Crypto Asset Wallet of him/her, shall be borne by him/her. The User shall be obliged, at the same time, to take security measures relating to each Crypto Asset Wallet of him/her. Rain Turkiye cannot be held responsible for execution of any incorrect transfers of Crypto Assets between the Crypto Asset Wallets of various Users, and for any damages which may occur in this context; all responsibilities shall be borne by the User, who shall make such transfer. In this context, the User agrees and represents that s/he is informed that an executed Crypto Asset transfer transaction cannot be revoked, that a transferred Crypto Asset cannot be traced. Furthermore, responsibility for any incorrect transfers that shall be made due to entering, incorrectly, the information required to be entered when making a transfer; shall also be borne by the User. Therefore, the User, before sending his/her buy/sell Orders; shall be obliged to check the technical information required to be entered regarding Crypto Assets, in the transfer process very carefully. For this reason, the User agrees, declares and undertakes that, except for cases of any wilful misconduct or gross negligence of Rain Turkiye, the User hereby releases/discharges Rain Turkiye irrevocably, due to any incorrect transfers. For the avoidance of doubt, in any case where Rain Turkiye can be deemed to have gross fault, Rain Turkiye can be held responsible for direct damages only, subject to final court decision .
13.14. Support services shall be provided only through the support-tr@rain.com e-mail address. Any requests made through any channel other than this address, shall not be made by Rain Turkiye. This clause is a notification to the User, and Rain Turkiye 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. Unless otherwise expressly provided in our Policies, Rain Turkiye usually does not ask for a password in support correspondences, does not request the address of any Crypto Wallet from you, provide such an address, or require you to transfer any Crypto Assets or fiat currencies to us or a third party. The User accepts, declares and undertakes that such requests are made by unauthorized persons, that he/she may suffer damage if he/she meets the said requests and that he/she shall be solely responsible for the damage.
13.15. There may be significant fluctuations in the values of crypto assets and this may cause loss, at all, of the value of crypto assets held by us on behalf of you. Our capacity to provide crypto assets which we can provide you as a result of the blockchain release (network fork) or other advanced protocols, and to offer crypto assets originated from other advanced protocols; may be dependent upon third party suppliers that are out of our control. None of the crypto assets, including but not limited to those originating from blockchain release or other advanced protocols, nor any protocols used in connection with crypto asset networks in relation thereto; is owned or controlled by us; and support by third party suppliers by blockchain release or other advanced protocols, or integration thereof, is not supervised by us. Therefore, we shall not have any responsibility relating to such type of protocols, and we shall not also have any responsibility for any change in the value of crypto assets (which shall occur via blockchain release (network fork), other advanced protocols or in any other manner). No warranty is given by us regarding safety, functionality or availability of said protocols or crypto asset networks. To make transaction by these protocols, you accept all risks relating to use by Rain Turkiye. Rain Turkiye reserves the right, at its discretion, (i) to evaluate applicability of potential protocol forks in crypto asset networks, upgrades thereof or other remarkable changes, and (ii) to support and/or list the crypto assets in relation to these protocols.
Network Support for Crypto Asset Transfers, Listing Principles, and Ownership of Crypto Assets
Rain Turkiye, in accordance with its own Listing Procedure and Capital Markets legislation, reserves the right, at its sole discretion, to determine which types of Crypto Assets will be listed or delisted through the Services, which networks may be used for crypto asset transfers, and whether to list or support new crypto assets or networks arising from events such as splits/forks of crypto assets.
Rain Turkiye may, at any time and for any reason or without reason, suspend or terminate the listing service of any Crypto Asset or the support service for the network(s) used in crypto asset transfers. It may remove a listed Crypto Asset, or suspend or terminate the ability to deposit, withdraw, trade, or otherwise access such Crypto Asset.
Rain Turkiye does not undertake any obligation to support a Crypto Asset in the event of a fork and/or split, nor to support networks related to the transfer of a given crypto asset in the event of changes to transfer networks.
The Crypto Assets in which the User may transact may vary depending on the jurisdiction(s) where the User is a citizen, taxpayer, or resident. It is the responsibility of the User to monitor such matters and to take all necessary measures.
Before taking any action that would permanently prevent Users from withdrawing Crypto Assets from their Rain Turkiye User Account, Rain Turkiye will make reasonable efforts to notify Users. If Users do not transfer the affected Funds from their User Account before their access to a given Crypto Asset through the Services is terminated, their ability to access, transfer, or otherwise control the affected Funds may be irrevocably lost.
Rain Turkiye shall not be liable for any loss, liability, or expense arising from the suspension or termination of Users’ ability to transfer, trade, or custody any Crypto Asset, particularly with respect to transfers and trading transactions, due to decisions based on legislation or risk-based approaches that result in delays or non-execution of transactions.
The User accepts, declares, and undertakes that the Crypto Assets in the User Account may, at any time, be converted by Rain Turkiye, at its discretion and in accordance with circumstances and requirements, into a currency and/or crypto asset to be determined by Rain Turkiye, and that Rain Turkiye reserves this right. When currency and/or asset conversions are carried out on behalf of Users, such transactions shall be executed in accordance with this Agreement.
If crypto assets listed by Rain Turkiye are subject to deposit and withdrawal transactions, such transactions must be conducted through the compatible networks specified on the platform’s deposit and withdrawal screens. The User accepts, declares, and undertakes that if deposits and withdrawals are not conducted through the compatible networks specified on the deposit and withdrawal screens, Rain Turkiye shall not be responsible for the loss, inaccessibility, or similar issues concerning the relevant crypto assets, and that the User will not make any claims against Rain Turkiye in this regard. In cases where deposits are made through networks not supported by Rain Turkiye, if Rain Turkiye provides support to the User, Rain Turkiye may charge a fee or commission for such transactions, as they fall outside the scope of Rain Turkiye’s primary business activities. Such fees or commissions shall be unilaterally collected from the User’s account, and by signing this Agreement, the User is deemed to have accepted this matter.
The manner in which Users’ crypto assets are to be held is set forth in the Agreement, and crypto assets with Rain Turkiye are held solely for the limited purpose of safekeeping as required by User transactions. Rain Turkiye shall retain control over electronic private keys associated with blockchain addresses operated by Rain Turkiye, including blockchain addresses holding crypto assets, only for the limited period necessary for safekeeping required by User transactions. Therefore, Users are principally required to withdraw their crypto assets from Rain Turkiye immediately after transactions, to store them in crypto wallets/addresses of their own choosing, and Rain Turkiye shall not be held liable for any damages incurred by the User due to failure to fulfill this obligation.
Rain Turkiye makes no commitment to provide Users holding assets on a canceled contract address with the same number of Crypto Assets following the adoption of a new contract address if fewer Crypto Assets are issued or to be issued, or if fewer Crypto Assets are put into circulation under the new contract compared to the old one.
Due to the structure of distributed ledger networks, staking transactions, whereby crypto assets are locked and then returned in kind at maturity, must be carried out by Users using their own wallets. If Rain Turkiye provides its Users with the opportunity to carry out such transactions, it reserves the right to charge fees on the locked or returned crypto assets at maturity.
14. IMPLEMENTATION OF ATTACHMENT, PRECAUTIONARY INJUNCTION OR JUDICIAL DECISIONS
14.1. Any lien Precautionary attachment, blocked, seizure, precautionary injunction and all other types of administrative or judicial decisions, shall be implemented by Rain Turkiye, in required manner, within the framework of related legislation. It is possible to share the data relating to the User Account, within the framework of other legislation or due to any judicial decision, instruction of an administrative authority, obligations such as CRS. It is a legal obligation of Rain Turkiye to fulfill all kinds of administrative or judicial decisions of any lien, precautionary lien, blockage, seizure, precautionary injunction and any other administrative or judicial decision and to close the User Account for any transaction or access; and in such cases, the User shall not be entitled to claim any damages or indemnity, by any means.
-Non-Utilization of User Funds
Fiat money or crypto assets held in the User’s accounts are not accrued interest or otherwise yield-bearing by Rain Turkiye for the benefit of the User.
15. MISCELLANEOUS:
15.1. Personal Data: Parties agree, declare and undertake that they shall act in compliance with the legislation regarding protection of personal data. Rain Turkiye shall be entitled to identify, collect and record various personal data relating to the User’s interactions, choices and the products and features used by him/her.
15.1.1. The personal data provided by the User shall not be used for any other purpose other than those set forth in User Agreement and in the Clarification Text.
15.1.2. Rain Turkiye shall undertake that it will not transfer the User's personal data to third parties except certain persons set forth in the Clarification Text under legal obligations or with the explicit consent of the User.
15.1.3. In the cases listed below, it will be able to disclose the information of the users to third parties by going beyond the provisions of this privacy statement. These situations:
- Cases where it is necessary to comply with the obligations imposed by the written legal rules in force and issued by the competent legal authorities such as laws, regulations, etc.
- In cases related to the fulfillment of the requirements of the contracts between us and the User and their implementation,
- In cases where information about users is requested by the competent administrative or judicial authorities in accordance with an research or investigation carried out in accordance with the procedural method,
- Where it is necessary to provide information to protect the rights or security of users.
15.2. Effectiveness and Termination: Parties shall be entitled to terminate this Agreement, at any time they wish to do so, without declaring any reason and by making one-day prior notice. The User agrees that Rain Turkiye shall be obliged to keep the data following any termination transaction as well, according to related legislation. Furthermore, provisions of the User Agreement which shall be required to remain applicable after any termination; shall survive any termination.
15.2.1. Suspension of Rain Turkiye Accounts: You agree that Rain Turkiye shall have the right to immediately suspend your Rain Turkiye Account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the Crypto Assets or funds in all such accounts, and suspend your access to Rain Turkiye for any reason including if Rain Turkiye suspects any such accounts to be in violation of any of these Terms wholly or partially, our Privacy Policy, or any applicable laws and regulations. You agree that Rain Turkiye shall not be liable to you for any permanent or temporary modification of your Rain Turkiye Account, or suspension or termination of your access to all or any portion of Rain Turkiye Services. Rain Turkiye shall reserve the right to keep and use the transaction data or other information related to such Rain Turkiye Accounts. The above account controls may also be applied in the following cases:
• The Rain Turkiye Account is subject to a governmental proceeding, criminal investigation or other pending litigation;
• We detect unusual activities in the Rain Turkiye Account;
• We detect unauthorized access to the Rain Turkiye Account;
• We are required to do so by a court order or command by a regulatory/government authority.
15.2.2 Closure of Rain Turkiye Accounts: In case of breaching any of these Terms partially or wholly, Rain Turkiye shall have the right to directly terminate these Agreement by closing your Rain Turkiye Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your Rain Turkiye Account on Rain Turkiye and withdraw the corresponding Rain Turkiye Account thereof:
• after Rain Turkiye terminates services to you;
• you allegedly register or register in any other person's name as a Rain Turkiye User again, directly or indirectly.
• the information that you have provided is untruthful, inaccurate, outdated or incomplete;
• when these Terms are amended, you state your unwillingness to accept the amended Terms by applying for cancellation of your Rain Turkiye Account or by other means.
• if you breach partially and/or wholly any of the provision of these Terms;
• you request that Rain Turkiye Services be terminated;
• If Rain Turkiye is informed that any Crypto Assets or funds held in your Rain Turkiye Account are stolen or otherwise are not lawfully possessed by you, Rain Turkiye may, but has no obligation to, place an administrative hold on the affected funds and your Rain Turkiye Account. If Rain Turkiye does lay down an administrative hold on some or all of your funds or Rain Turkiye Account, Rain Turkiye may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to Rain Turkiye has been provided to Rain Turkiye in a form acceptable to Rain Turkiye. Rain Turkiye will not involve itself in any such dispute or the resolution of the dispute. You agree that Rain Turkiye will have no liability or responsibility for any such hold, or for your inability to withdraw Crypto Assets or funds or execute trades during the period of any such hold.
15.2.3. Remaining Funds After Rain Turkiye Account Termination: In case of breaching any of these Terms partially or wholly, all remaining account balance (which includes charges and liabilities owed to Rain Turkiye) will be payable immediately to Rain Turkiye. Upon payment of all outstanding charges to Rain Turkiye (if any), Users will have to withdraw all Crypto Assets or funds from the account in a limited time.
15.2.4. Remaining Funds After Rain Turkiye Account Termination Due to Fraud, Violation of Law, or Violation of These Terms: Rain Turkiye maintains full custody of the Crypto Assets or Funds in the event of Rain Turkiye Accounts' suspension/closure arising from fraud investigations, investigations of violation of law or violation of any of these Terms partially or wholly.
15.2.5. Default and Default Remedies: Each and any of the following shall constitute an "Event of Default":
(a) you fail to make any payment when due under, or to make delivery of any Crypto Assets when due under this Agreement;
(b) you breach, fail to observe or perform any provision of this Agreement (including for the avoidance of doubt the representations, warranties and covenants given by you under this Agreement.
(c) fail to renew or have revoked any licence, approval or other act necessary for conducting business that you are conducting as your core business, or are permanently prohibited from conduct such business, be it by the regulator, courts or tribunals;
(d) where you are a natural person, you die or become of unsound mind, are unable to pay your debts as they fall due or are bankrupt or insolvent or commit an act of bankruptcy, as defined under any bankruptcy or insolvency law applicable to you; or you are sequestrated; or any of your indebtedness is not paid on the due date thereof or becomes, or becomes capable at any time of being declared, due and payable under agreements or instruments evidencing such indebtedness before it would otherwise have been due and payable, or any suit, action or other proceedings are commenced for any execution, any attachment or garnishment, or any distress or diligence against, or an encumbrancer takes possession of, the whole or any part of your property, undertaking or assets (tangible or intangible), or you sign a trust deed for your creditors to enter into a debt payment program; or an application for ancillary relief relating to your property or an entitlement of a contract you are a party to is made in any matrimonial proceedings relating to you or any process is commenced by any person which may result in you being declared "bankrupt";
(e) If you commence voluntary bankruptcy, restructuring, concordat, or a similar procedure, or if any company or other sanction authorizes such an action (if you are insolvent, any sanction that may potentially apply to you), leading to the commencement of a restructuring process concerning yourself or your creditors;
(f) If a request is made for the appointment of a trustee regarding you or your debts under bankruptcy, restructuring, concordat, arbitration, settlement, arrangement, suspension, or moratorium, or under such sanctions (if you are insolvent, any sanction that may potentially apply to you), or if it leads to the declaration of your bankruptcy;
(g) we reasonably consider it necessary or desirable for our own protection or to prevent what we reasonably consider to be or might be a violation of any Applicable Regulation, or good standard of market practice, including the rules in relation to appropriateness, or any action is taken or event occurs which we consider might have a material adverse effect on your ability to perform your obligations under the Agreement;
(h) if any material information provided by you was untrue at the time it was given to us or any material information provided by you has become untrue since the time that it was originally given and you failed to notify us of the same within a reasonable time;
(i) if any representations, warranties or covenants given by you are or become untrue in any material respect;
UPON THE OCCURRENCE OF AN EVENT OF DEFAULT, WE MAY NOTICE TO YOU:
(a) CLOSE ANY OPEN POSITIONS OR CANCEL ANY ORDERS ON YOUR ACCOUNT;
(b) PROHIBIT YOU FROM ACCESSING OR USING YOUR ACCOUNT;
(c) SUSPEND OR IN ANY WAY LIMIT OR RESTRICT YOUR ABILITY TO PLACE ANY ORDER, GIVE ANY INSTRUCTION OR PLACE ANY TRANSACTION IN RELATION TO YOUR ACCOUNT;
(d) REQUIRE YOU TO CLOSE ANY OR ALL OF YOUR OPEN POSITIONS BY A SPECIFIED DATE NOTIFIED TO YOU;
(e) TERMINATE ANY SERVICES PROVIDED TO YOU;
(f) TERMINATE THE AGREEMENT IMMEDIATELY OR ON A SPECIFIED DATE SELECTED BY US; AND/OR
(g) MODIFY, CHANGE, OR SWITCH YOUR ACCOUNT TYPE, PRICE STREAM, SPREADS OR SETTINGS WITHIN YOUR ACCOUNT OR THE TERMS OF OR PARAMETERS REGARDING ANY SERVICES WE PROVIDE TO YOU
15.3. Force Majeure: Events which shall occur out of reasonable control of related party, including but not limited to any natural disaster, riot, epidemics, war, strike, lockout, failures arising from the telecommunication infrastructure, general internet disruption, power outage and adverse weather conditions; shall be construed as force majeure within the scope of this Agreement. During a force majeure event, Parties’ obligations shall be suspended. In case the obligations of the Parties airing from the Agreement, cannot be fulfilled at all, or are fulfilled with delay, due to “force majeure event”, neither Party shall be responsible for damages which shall arise therefore.
15.4. Amendments: Rain Turkiye shall have the right to amend and update, unilaterally, all terms and conditions and the provisions set forth in this Agreement, without need for serving any notice or obtaining the User’s consent in advance. The User consents to the amendment of the Agreement electronically. Rain Turkiye represents that, in case of any update that shall be made in the Agreement, it shall publish the latest version of the agreement, on the web site, at which operations within the scope of the Platform are carried out.
15.5. Partial Invalidity: In case one or some of the provisions of this User Agreement become(s) invalid, illegal or inapplicable by any means; validity, legality or applicability of the other provisions shall not be affected or changed, by any means.
15.6. Notices: The User agrees that emails sent to the e-mail address recorded in the User Account, shall substitute written notice (“Written Notice”).
15.7. Language of the Agreement: Notwithstanding any other provision of this User Agreement, any translation of this User Agreement is offered for your convenience. Meanings of the terms, conditions and representations set forth herein, shall be subject to the descriptions and constructions thereof in the Turkish language. In case of a conflict between Turkish and English versions, the provisions in the Turkish version will be applied.
15.8. No Financial Advice: Rain Turkiye is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using Rain Turkiye Services. No communication or information provided to you by Rain Turkiye is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in these Terms, all trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance, and you shall be solely responsible for any loss or liability therefrom. Rain Turkiye will not be held responsible for the decisions you make to buy, sell, or hold Digital Asset based on the information provided by Rain Turkiye.
15.9. Applicable Law and, Jurisdiction and Evidence Agreement: This User Agreement shall be construed in accordance with the laws of the Republic of Turkiye. For resolution of all disputes arising from use of the Platforms and/or which may arise in relation to the terms and conditions and the provisions set forth in this User Agreement; İstanbul Çağlayan (Central) Courts and Execution Offices shall have jurisdiction. The User agrees, declares and undertakes that, in the disputes which may arise from, or related with, the User Agreement, electronic records, commercial records and book records, kept by Rain Turkiye in its systems, database, servers shall be admissible as acceptable, binding, conclusive and exclusive evidence, and that this article is in the nature of evidence agreement, ascribed to it in article 193 of the Code of Civil Procedure.
15.10. Provision On Evidences And Keeping Voice/Video Records: All kinds of books, evidences, documents, invoices, transaction receipts, communication, notices, reports, fax messages, records of internet transactions, records of electronic transaction platform, voice records, video records and similar records between You and us and/or contain agreement of either You and/or us and records relating to all kinds of orders and instructions, all kinds of electronic environment and through similar channels, shall be considered as exclusive evidence according to article 193 of the Code of Civil Procedure no.6100.
Voice and video records, by phone or by other communication means including but not limited to those received by phone, internet, interactive system, in all kinds of electronic environments and so forth, shall also be considered as exclusive and conclusive evidence.
You agree, represent and undertake that all kinds of communication by phone, internet, interactive system shall be recorded. We shall be liable to deliver said voice records to related legal and administrative authorities when demanded. By signing this Agreement, You shall not raise any objection by any means and that no fault may be attributed to Rain Turkiye in this regard and that records may be used as evidence at courts.
15.11. Loss of Data: You acknowledge that your user data may be lost permanently or corrupted or temporarily unavailable due to a variety of causes, including without limitation software failures, viruses or other harmful materials, protocol changes by third party providers, internet outages, force majeure events or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside Rain Turkiye’s control. You are solely responsible for backing up and maintaining copies of any information you store or transfer through the Services.
15.12. Electronic Notices: You hereby consent by signing this Agreement to receive electronically all communications, agreements, documents, receipts, notices, and disclosures (collectively, "Communications") that Rain Turkiye provides in connection with these Terms, your Rain Turkiye Account, or any Services. You agree that Rain Turkiye may provide these Communications to you by posting them via the Services, by emailing them to you at the email address you provide, by sending them using a communications application or other messaging service to your account on such application or messaging service, and/or by sending an SMS or text message to a mobile phone number that you provide. Your carrier's normal messaging, data, and other rates and fees may apply to mobile Communications. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy.
You understand and agree that if Rain Turkiye sends you a Communication electronically but you do not receive it because your contact information on file is incorrect or out of date, the Communication is blocked or flagged as spam by your service provider, or you are otherwise unable to receive electronic Communications, Rain Turkiye will be deemed to have provided the Communication to you. You can update your contact information at any time by accessing your Rain Turkiye Account settings.
15.13. Legal Residence Address: The legal residence and notification address of Rain Turkiye is its commercial residence address registered with the competent Trade Registry Office. The User shall make all notifications and communications to Rain Turkiye at its commercial residence address valid at the time, as the User may monitor Rain Turkiye’s commercial residence and any changes thereto through the competent Trade Registry Office.
The User accepts, declares, and undertakes that the address provided to Rain Turkiye for the fulfillment of the obligations under this Agreement and for the performance of necessary notifications is his/her legal residence address.
The User accepts, declares, and undertakes that the address provided to Rain Turkiye is the current address registered with the Central Civil Registration System (MERNİS), and, without prejudice to the provisions of the Enforcement and Bankruptcy Law, acknowledges such address as his/her legal residence; that in the absence of an address recorded in Rain Turkiye’s systems, his/her most recent address registered in MERNİS—whether or not it is recorded at the local headman’s office—shall be considered his/her legal residence; that any notification sent by Rain Turkiye to this address shall be deemed served in accordance with Article 21 of the Notification Law; and that if a new legal residence address is later registered with MERNİS, he/she shall immediately notify Rain Turkiye of this new address via notary public or secure electronic signature. If the User fails to notify Rain Turkiye, any notification sent by Rain Turkiye to the address stated in this Agreement or to the latest address registered in MERNİS as of the date of sending shall be deemed to have been duly served upon its arrival at that address. Notifications sent to the User’s KEP (Registered Electronic Mail) address shall also be considered legal notifications within the scope of this clause.
The User accepts, declares, and undertakes that the above provision shall apply even if he/she resides abroad on the date of signing this Agreement or thereafter; that the address registered in MERNİS within Turkey shall be deemed his/her legal residence and notification address under this Agreement; and that even if he/she later changes this address to a foreign country address and/or registers such address with MERNİS, any notification made by Rain Turkiye to the address recorded in Rain Turkiye’s systems or to the latest domestic address recorded in MERNİS shall be deemed duly served upon delivery to that address.
The User accepts, declares, and undertakes that even if residing abroad or being a foreign national, he/she shall provide an address within Turkey to Rain Turkiye; that the address so provided shall be deemed his/her legal residence address as of the date of signing this Agreement; and that if he/she later designates a foreign legal residence address after the signing of this Agreement and notifies Rain Turkiye of this new address through notary public or secure electronic signature, any notification sent to his/her address within Turkey as specified in the relevant articles of this Agreement shall nevertheless be deemed duly served upon delivery to that address, unless he/she provides a new domestic address notification to Rain Turkiye.
15.14. Taxes: It is your responsibility to determine whether, and to what extent, any taxes apply to any transactions and/or trades you conduct through Rain Turkiye Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. We shall not provide any advice to you on any tax issue related to any Products or Services. You should obtain individual and independent tax advice from a financial advisor, auditor or legal counsel with respect to the tax implications of the Products or Services. Your transaction history is available through your account. You are responsible for the payment of all taxes that may arise in relation to your transactions and/or trades.
You are responsible for tax liabilities which may be charged based on the income you shall gain from transactions according to the tax laws and regulations of the Republic of Turkiye. You hereby agree and undertake that you shall be responsible for all kinds of costs and taxes to be incurred due to transactions specified under this Agreement and we shall be authorized to collect said amounts from Your accounts and/or make deduction from said income.
In order apply the provisions of a taxation agreement, You shall present to us a copy of related agreement, together all documents required to be presented according to that agreement to benefit from any exemption or other rights and interests according to the provisions of that agreement, including but not limited to the of a residence certificate, issued by competent official authorities of related country, certified by notary public and bearing an apostil, as stipulated in related agreement. We shall not be obliged to search whether there is any taxation agreement, or not and/or which terms and provisions of a taxation agreement are applicable and/or whether You has the right to benefit from the provisions of a taxation agreement, or not. In case of any doubt regarding which taxation agreement and/or which provisions of such agreement shall be applied; You shall consult the matter with your tax consultant, all costs relating thereto being borne by you. If the opinion of a tax consultant is not considered as appropriate by us or if no such opinion is given, we shall not be obliged to comply with the provisions of any taxation agreement. And in case You take advantage of the terms and conditions of bilateral tax agreements and as a result of such advantage provide to You, additional information and documents are demanded by the tax administration subsequently, you shall be responsible to present such information and documents to us or directly to the tax administration.
15.15. Entry into force and Acceptance of the Agreement: By entering any page of Rain Turkiye’s website and/or downloading mobile application, you accept, declare and undertake that you have read the entire User Agreement, understand its content in its entirety and approve all its provisions. The User Agreement becomes effective on the date it is announced by Rain Turkiye on the website.
Users who do not accept the terms of the Terms of Use Agreement should not use the website and the services provided through the website. Otherwise, Rain Turkiye cannot be held responsible for any losses incurred or to be incurred.
*The English version of this User Agreement has been prepared for information purposes only and in case of any discrepancy between English and Turkish text of the consent, Turkish text shall prevail.
Trade Register No: 255526-5
Central Registration System No: 0734197139800001
Trade Name: RAİN KRİPTO VARLIK ALIM SATIM PLATFORMU A.Ş.
Address: Maslak Mah. Sanatkarlar Sokak Eclipse Maslak Sitesi No:2 E Blok D: 9 Sarıyer/İstanbul
Website: https://www.rain.com/tr-tr
Registered Electronic Mail Address: rain@hs01.kep.tr
ANNEX-1
CUSTOMER WAIVER REGARDING PRINCIPLES OF UTILIZATION OF FUNDS
I hereby acknowledge that, within the scope of the agreements I have approved with Rain Turkiye, any funds in my accounts opened for the purpose of conducting transactions, as well as any amounts credited to my account for any reason and not withdrawn by me, shall not accrue interest or otherwise yield in my favor at the end of the day. I further declare that I waive, in favor of Rain Turkiye, any entitlement to interest or yield income that may arise from the daily credit balances of my account under the Agreements I have signed with Rain Turkiye.
☐ I have read and I agree
ANNEX-2
PLEDGE AGREEMENT
This Pledge Agreement regarding the Pledge of Assets Held with Rain Turkiye (“Pledge Agreement”) is entered into between Rain Turkiye, whose details are provided at the end of this Agreement (“Pledgee”), and the Customer (“Pledgor”), who have fully agreed on the matters set out below and hereby confirm this Pledge Agreement.
The Pledgor accepts and declares that he/she pledges, in favor of the Pledgee, the funds in his/her accounts with Rain Turkiye (“Pledged Accounts”) up to the Pledge Amount, as well as the funds held/to be held in the accounts that he/she opens/uses under the User Agreement, to secure the debt amounts arising or to arise from transactions carried out under the User Agreement and its annexes. The Pledgor accepts, declares, and undertakes that, pursuant to Article 47 of the Capital Markets Law, the Pledgee may exercise the right to transfer ownership of the pledged funds to itself without requiring any approval or instruction from the Pledgor.
The Pledgor accepts, declares, and undertakes that, in order to ensure the collection and settlement of any monetary or crypto asset-related or other obligations arising or to arise from the signed User Agreement and its annexes, the Pledgee is authorized, without the need for a separate notification or warning, without granting additional time, without applying to legal remedies or authorities, without requiring permission or approval from judicial or administrative bodies, and without any obligation to liquidate the collateral through public auction or other means, to liquidate the funds held in the Pledged Accounts in any manner deemed appropriate and to collect and offset such amounts against its receivables and risks.
The Customer accepts and declares that, in such a case, Rain Turkiye is fully authorized to transfer, remit, or set off any deposits, crypto assets, and all other types of assets, without limitation, between the Pledged Accounts held with Rain Turkiye, for the collection and set-off of any receivables of Rain Turkiye arising from or related to the transactions conducted/to be conducted. The Pledgor accepts, declares, and undertakes that such transfers or similar transactions to be carried out by the Pledgee may be executed directly without requiring any additional approval from the Pledgor, and that the Pledgee is fully authorized in this regard.
☐ I have read and I agree
ANNEX-3
INVESTOR DECLARATION FORM (FATCA DECLARATION)
FATCA (Foreign Account Tax Compliance Act) is a United States law aimed at preventing tax evasion by U.S. citizens and residents of the United States through foreign financial institutions and other intermediaries.
The Customer accepts and declares that Rain Turkiye may request the sharing of information and documents in order to determine his/her tax and other legal obligations, and that Rain Turkiye may share such information and documents with domestic and foreign competent tax authorities if deemed necessary by Rain Turkiye. The Customer accepts and declares that, if he/she fails to provide the requested information and documents properly within the reasonable period granted to the Customer and, in any case, within the legal periods, withholding tax may be applied to his/her payments subject to withholding tax; and that Rain Turkiye shall not be liable, under any name whatsoever, for any deductions and losses arising from such a situation.
The Customer accepts, declares, and undertakes that he/she is solely responsible for any damages and losses arising from failure to fulfill or duly fulfill his/her obligations under this article, and that if Rain Turkiye suffers any damages due to these reasons, the Customer shall immediately indemnify Rain Turkiye for all such damages.
In addition, the Customer accepts and undertakes that, pursuant to the reporting obligations under the intergovernmental agreement executed between the Republic of Türkiye and the United States of America (U.S.) for the purpose of enhancing international tax compliance and implementing FATCA, Rain Turkiye may share any Customer information such as account number, identification information, address, including but not limited to with the Revenue Administration and all other persons and/or institutions authorized under applicable legislation.
The Customer declares, undertakes, and represents that he/she does not reside in the U.S., is not a U.S. citizen, and does not hold a Green Card, and undertakes to declare such status as part of the account opening process with Rain Turkiye or any other verification or identification process. The Customer further accepts, declares, and undertakes that he/she is not among the individuals defined as U.S. residents, and that if in the future he/she falls under the scope of non-U.S. passive non-financial entities as defined, he/she shall immediately notify Rain Turkiye of such status.
The Customer further accepts, declares, and undertakes that in the event of a potential share transfer resulting in:
U.S.-origin individuals and/or entities becoming shareholders or partners, and/or
A change in the shareholding ratio of U.S.-origin individuals and/or entities in the company,
he/she shall immediately notify Rain Turkiye in writing regarding such share transfer transaction.
☐ I, the undersigned, declare that I am not a U.S. person or citizen in terms of tax liability and that I am aware that misstatement may be subject to penalty.
☐ I, the undersigned, declare that I am a U.S. person or citizen in terms of tax liability and that I am aware that misstatement may be subject to penalty.
ANNEX-4
NOTICE TO PERSONS ACTING ON BEHALF OF OTHERS
The Regulation on Measures Regarding Prevention of Laundering Proceeds of Crime and Financing of Terrorism (“Regulation”), prepared pursuant to Article 27 of the Law No. 5549 on Prevention of Laundering Proceeds of Crime, was published in the Official Gazette on 09.01.2008 and entered into force as of 01.04.2008.
According to the Regulation, in business relationships that, by their nature, carry the element of continuity—such as account openings, granting loans or credit cards, safe deposit boxes, financing, factoring, financial leasing, life insurance, or private pension services—it is mandatory to obtain identity information of customers and persons acting on behalf of customers, regardless of the transaction amount, and to verify the accuracy of such information.
In addition, even if the relationship is not of a continuous nature, identity information must be obtained and verified in the following cases:
When the transaction amount, or the total of multiple connected transactions, is 185,000 TL or more,
In electronic transfers, when the transaction amount, or the total of multiple connected transactions, is 15,000 TL* or more,
In cases requiring the reporting of suspicious transactions, regardless of the amount,
Whenever there is doubt about the adequacy or accuracy of previously obtained customer identity information, regardless of the amount.
Persons requesting a transaction must declare if they are acting on behalf of another person before conducting the transaction. Based on such declaration, the identity and authority status of the person requesting the transaction, as well as the identity of the person on whose behalf the transaction is being conducted, shall be determined in accordance with Articles 6 to 14 of the Regulation.
For legal entities registered with the trade registry that establish continuous business relationships, the identities of real or legal persons holding more than twenty-five percent of the shares of the legal entity shall be determined in accordance with Articles 6 and 7 of the Regulation.
Pursuant to Article 15 of the Law, if a person acting on his/her own behalf but for the account of another fails to declare in writing on whose behalf he/she is acting before conducting a transaction requiring identification, he/she shall be punished with imprisonment from six months to one year or a judicial fine of up to five thousand days.
This notice is made in accordance with Article 17 of the Regulation.
ANNEX-5
BENEFICIAL OWNER DECLARATION FORM
With respect to all accounts I/we have opened or will open with Rain Turkiye, I/we accept, declare, and undertake that I/we act on my/our own behalf and for my/our own account/our institution’s behalf and account, and not on behalf of another. I/we further accept, declare, and undertake that if I/we act on my/our own behalf or my/our institution’s behalf but for the account of another, I/we will immediately and in writing notify Rain Turkiye of whose account I/we am/are acting on and provide the identity information of such person(s), in accordance with Article 15 of the Law No. 5549 on Prevention of Laundering Proceeds of Crime.
☐ I accept
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