This Risk Disclosure Statements prepared to give information regarding the risks associated with the Crypto Assets which are defined in the User Agreement. Trading in Crypto Assets (as defined in the User Agreement) entails significant risks of financial loss. You should not commit Funds (means Digital Asset and/or Legal Tender) to trading that you are not prepared to lose entirely. You may make profit or may as well incur losses as a result of your trading transactions in the Funds. That is why before deciding to enter into trading transactions hereunder, you have to understand and recognize all the risks available in the market, and to decide by considering your financial situation and your restrictions and limitations. Market prices for Crypto Assets can be volatile and highly unpredictable. Whether the future market price for a Crypto Assets will move up or down is a speculation and unknowable. You should not trade in Crypto Assets unless you understand the associated risks. This Risk Disclosure Statement discusses some of the principal risks of trading in Crypto Assets, but it does not and cannot describe every risk or consideration involved in holding, trading in Crypto Assets This Risk Disclosure Statement forms a part of, and utilizes certain terms that are defined in, the User Agreement Risk Statement Form intends to generally inform You about the available risks, and may thus not cover all of the risks that may emerge from the trading of Crypto Assets and the Services relating thereto;
Crypto Assets Market Risk: Market prices for Crypto Assets can be volatile and highly unpredictable. Whether the future market price for a Crypto Assets will move up or down or even sustain a market value is a speculation and unknowable. Contingent orders, such as "stop-loss" or "stop-limit" orders, if permitted at all, may not necessarily limit losses to the expressed amount, and market conditions may make it impossible to execute an order or to obtain the stop price. Taparam makes no representations or warranties about whether a Crypto Assets will always continue to trade in the Crypto Assets trading market. Taparam has right to delist any Crypto Assets and to stop executing orders without prior notice in the sole discretion of Taparam.
Liquidity Risk: Markets for Crypto Assets can at times become what is known as "illiquid," which means there can be a scarcity of persons who are willing to trade at any one time. Thinly traded or illiquid markets have potential increased risk of loss because they can experience high volatility of prices and in such markets market participants may find it impossible to liquidate market positions except at very unfavorable prices. Taparam makes no representations or warranties about that whether the markets for any Crypto Assets will be active and liquid or permit you to establish or liquidate positions in the Crypto Assets when desired or at favorable prices.
Legal Risk: The legality of Crypto Assets, trading and/or holding of them may not be clear and may vary under the laws of different jurisdictions throughout the world. This can mean that the legality of holding or trading Crypto Assets or entering into transactions, is not always clear. Whether and on what basis a Crypto Assets may constitute property, an asset, or a right of any kind and might vary from one jurisdiction to another. You are responsible for knowing and understanding how the laws applicable to you or your property rights or assets or to your address and/or nationality could be limited, regulated and taxed the Crypto Assets you trade you provide.
Crypto Assets Wallet Risks: The Crypto Assets transferred into your Crypto Assets Wallet may be commingled with the Crypto Assets of other users of the Taparam platform and with the Crypto Assets of Taparam . Transferring your Crypto Assets into your Crypto Assets Wallet exposes your Crypto Assets to risks of total loss from, among others things, security breaches from cyber attacks that hack and steal Crypto Assets, electronic or technological failures that impede or prevent market access and market performance, recordkeeping errors, and any insolvency, bankruptcy, or material financial losses of or incurred by Taparam.
Risk of Account Suspension and Termination: Taparam may freeze and/or terminate your Account in the event that you are reasonably believed to be engaged in suspicious activity or to be in breach of any of the User Agreement. If your Account is frozen and/or terminated, you will not be able to trade or to make transfers to or from your Account. This may result in the closure of your open orders without prior notice in the sole discretion of Taparam.
Market Default Risk: Taparam operates and administers the trading platform for the Crypto Assets, but Taparam is not a counterparty to any trade unless stated otherwise and has no financial responsibility or liability for any failure of market participants who are counterparty any of your trades to honor their financial obligations. There is always a risk that one or more market participants will renege, default, or otherwise fail to honor their financial obligations or will be unwilling or unable to abide by the terms of their agreements.
Internet Transmission Risks: You acknowledge that there are risks associated with utilizing an Internet-based trading system including, but not limited to, the failure of hardware, software, and Internet connections. You acknowledge that Taparam shall in no event be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when trading via the Services or Products, howsoever caused. Before entering into the trading, you must get information and confirmation about all of the commissions and other fees and charges to be paid by you. If the fees and charges are not expressed in monetary terms, you must request a written statement or memorandum from Taparam containing comprehensible examples showing how the said fees and charges will be reflected onto you in monetary terms.
TAPARAM USER AGREEMENT
1. Introduction
1.1 Eliptik Yazılım ve Ticaret Anonim Şirketi ("we", "us", or "our", "Taparam ") is located Nispetiye Cad. Akmerkez E-Blok Kat:9 Etiler - Beşiktaş/İstanbul/Turkey. Taparam , a digital asset platform operated by and proprietary to Eliptik Yazılım ve Ticaret Anonim Şirketi. You agree and understand that by signing up to Taparam and opening an account, you are agreeing to enter into this user agreement (the "User Agreement") by and between you and Eliptik Yazılım ve Ticaret Anonim Şirketi, and be legally bound by its terms and conditions, so please read them carefully.
1.2. These User Agreement is entered into between you (hereinafter referred to as "you" or "your") and Taparam. By accessing, downloading, using or clicking on "I agree" to accept any Taparam Services (as defined below) provided by Taparam (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 Privacy Policy at https://client.Taparam .com/en/legal-information/privacy-policy In addition, when using some features of the Services, you may be subject to specific additional terms and conditions applicable to those features. This 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 TAPARAM SERVICES, YOU ACKNOWLEDGE AND THAT:
(1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF CYRPTO ASSETS
(2) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF TAPARAM SERVICES AND TRANSACTIONS OF CRYPTO ASSETS AND
(3) TAPARAM SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES. TAPARAM NEVER ENDORSES ANY OF THE CRYPTO ASSETS LISTED ON THE PLATFORM. YOU SHOULD TRADE OR INVEST AT YOUR OWN RISK.
By accessing or using of the Taparam Services in any capacity, you acknowledge that you accept and agree to be bound by the User Agreement.
1.4
The User Agreement supersede all our previous terms and conditions and any amendments thereto.
1.5
Capitalised words or phrases used in the User Agreement are detailed at clause 2, and have, unless the context requires otherwise the meanings set out in that clause.
1.6
For the avoidance of doubt, any of the forms and annexes attached hereto are an integral part of the User Agreement.
1.7
For the purposes of the User Agreement references to "you" or "your" refer to you, unless otherwise stated.
1.8
In addition to the User Agreement our agreement with you consists of the following documents: (a) any application or form that you submit to open, to execute any transaction or close an Account; and (b) any specific terms and conditions relating to our Crypto Asset Trading Platform.
1.9.
You must complete all the requested information and/or documents in order to apply for an Account. We, in our sole discretion, will decide whether to accept You as an User.
1.10.
These terms between us with respect to the Products and Services we may provide you to under the Agreement. These documents are available on our website at https://client.taparam.com/en/legal-information/terms-of-service or from us on request. By signing/by electronically submitting your application on our website or, if applicable, via a mobile application, you confirm that you accept these Terms of the Agreement.
1.11
These Terms and any other documents forming our Agreement, and all information, statements and notifications will be in English and/or Turkish.
2. Definitions And Abbreviations
2.1. Taparam refers to an ecosystem comprising Taparam websites (whose domain names include but are not limited to https://client.taparam .com), including but not limited to mobile applications, clients, applets, API connection, High Frequency Trading, algorithmic trading and other applications that are developed to offer Taparam Services, and includes independently-operated platforms and websites within the ecosystem. In case of any inconsistency between the supplement terms of use and the User Agreement, the respective applicable terms of such platforms shall prevail.
2.2. Risk Disclosure Statement means Risk Disclosure Statement hereinabove which summarizes many of the key risks of trading Crypto Assets.
2.3. Taparam Services and/or Products refer to various services provided to you by Taparam that are based on Internet and/or blockchain technologies and offered via Taparam websites, mobile applications, clients and other forms (including new ones enabled by future technological development).
2.4. Taparam Platform Rules refer to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by Taparam , as well as all regulations, implementation rules, product process descriptions, and announcements published in the Help Center or within products or service processes.
2.5. Users refer to all individuals, corporate, institutions or organizations that access, download or use Taparam or Taparam Services and who meet the criteria and conditions stipulated by Taparam . If there exist other agreements for such entities as developers, distributors, market makers, and Digital Currencies exchanges, such agreements shall be followed.
2.6. 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.
2.7. Crypto Assets refer to Digital Currencies, or other types of digitalized assets with a certain value (also called a "cryptocurrency," "virtual currency," "digital currency," or "virtual commodity"), such as bitcoin or ether, which is a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network that may be purchased, sold or traded via the Services.
2.8. Funds means Digital Asset and/or Legal Tender.
2.9. 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.
2.10. Taparam Accounts refer to the foundational virtual/digital accounts including main accounts and subaccounts in which your Funds is held, which are opened by Taparam for Users to record on Taparam their usage of Taparam Services, transactions, asset changes.
2.11. Fiat Trading refers to spot transactions in which Crypto Assets are exchanged for fiat currencies (such as Turkish Lira) or vice versa.
2.12. 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.
2.13. Digital Asset Address means an alphanumeric identifier that represents a possible destination or source for a Digital Asset transfer.
2.14. Bank Account means an account in your name at a financial institution from or to which you intend to transfer Legal Tender.
2.15. Order means any purchase and/or sell instruction entered by to execute a Trade of a Crypto Asset.
2.16. Privacy and Cookies Policies means the Privacy Policy and the Cookies Policy made available on the Site via https://client.aparam .com/en/legal-information/privacy-policy ve https://client.aparam .com/en/legal-information/cookie-policy
2.17. 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.
2.18. Trading Rules means Taparam Trading Rules made available on the Site.
2.19. Product means any products related to Services which are provided by Taparam
2.20. Agreement means User Agreement
2.21. These Terms means the provision in the Agreement
3. General Provisions
3.1. Contractual Relationship between Parties
These Terms constitute a legal agreement between Taparam and You. Depending on your country of residence or nationality, you may not be able to use all the functions of the Services. It is your responsibility to follow the rules and laws in your country of residence or depends of the citizenship and/or country from which you access this Services. As long as you agree to and comply with these Terms, Taparam grants you the personal, non-exclusive, non-transferable, non-sublicensable to enter and use the Services.
To avoid any doubt, the ability to access our Services does not necessarily mean that our Services are legal under the laws or directives relevant to your country of residence and/or citizenship.
You must complete an all the requested information in order to apply for an Account. Taparam , in our sole discretion, will decide whether to accept You as an User.
3.2. Changes to These Terms
Taparam reserves the right to change or modify these Terms and/or request from you to sign supplements, protocols or amendments in part or in whole in its discretion and/or according to the Turkish laws and/regulations which are in force and/or will be in force at any time. Taparam will notify such changes by updating the terms on its website: https://client.taparam .com/en/legal-information/terms-of-service A paper copy of this Agreement, and any updated versions will be available upon your written request, if you do not agree to any changes to these terms, you must stop using Taparam services immediately. You are recommended to frequently review these terms to ensure your understanding of the terms and conditions that apply to your access to and use of Taparam services.
3.3. Prohibition of Use
We have the right to determine transactions and consequently your trading as Prohibited in some circumstances such as defined herein, but not limited to;
By accessing and using Taparam services, you hereby represent and warrant that;
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, we have right to cancel any Orders.
3.4. About Taparam
As an important part of the Taparam Ecosystem, Taparam mainly serves as a global online platform for Crypto Assets trading, and provides Users with a trading platform, technical services and other Crypto Assets. As further detailed in hereinbelow articles, Users must register and open an account with Taparam , and deposit Crypto Assets and/or Funds into their account prior to trading. Users may, subject to the restrictions set forth in these Terms, apply for the withdrawal of Crypto Assets. Although Taparam has been committed to maintaining the accuracy of the information provided through Taparam Services, Taparam cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall Taparam be liable for any loss or damage that may be caused directly or indirectly by your use of these content. Taparam does not provide investment or consulting advice of any kind and is not responsible for the use or interpretation of information on Taparam or any other communication platform. All Users of Taparam Services must understand the risks involved in Crypto Assets trading and are recommended to exercise prudence and trade responsibly within their own capabilities.
4. Taparam Account Registration and Requirements
4.1. Registration
All Users must apply for a Taparam Account at https://taparam.com/register before using Taparam Services. When you register a Taparam Account, you must provide your real name, email address, resident country, nationality and password, and accept these Terms, the Data Privacy Form, the Privacy Policy, and other Taparam Platform/Trading Rules. Taparam may refuse, in its discretion, to open a Taparam Account for you. You agree to provide complete and accurate information when institutional Users (including Users that are businesses and other legal entities) can open one or more subaccounts in the name of their users under the main account with the consent of Taparam .
4.2. Eligibility
By registering to use a Taparam Account, you represent and warrant that;
Your herein above covenant to us:
(a) that for the duration of this Agreement, you will promptly notify us of any change to the details supplied during the account opening process, including in particular any change of residency, nationality, e-mail, phone number, name-surname, address, and any change or anticipated change in your financial circumstances which may affect the basis on which we do business with you;
(b) you will comply with the terms of this Agreement and you will take all reasonable steps to comply with all Applicable Regulation to which you are subject in relation to provision of Products and Services to you under the Agreement;
(c) use the Products and Services offered by us pursuant to the Agreement honestly, fairly and in good faith.
4.3. User Identity Verification
Your registration of an account with Taparam 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, 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, Taparam reserves the right to terminate the Taparam 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 Taparam to conduct investigations either directly or through a third party, to verify your identity or protect you, other users and/or Taparam 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.
Taparam may establish various security procedures from time to time for the creation and maintenance of a Taparam 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).
4.4. Account Usage Requirements
The Taparam Account can only be used by the account registrant. Taparam reserves the right to suspend, freeze or cancel the use of Taparam Accounts by persons other than account registrant. If you suspect or become aware of any unauthorized use of your username and password, you should notify Taparam immediately. Taparam assumes no liability for any loss or damage arising from the use of Taparam Account by you or any third party with or without your authorization.
You must maintain the security of your Taparam Account by protecting your login and security credentials from unauthorized access or use, including all security measures specified from time to time on the Services. It is your responsibility to ensure the security of, and your continuous control over, any device or account that may be associated with enhanced security features.
4.5. Account Security
Taparam has been committed to maintaining the security of User funds and has implemented industry standard. You also agree to be solely responsible for taking the necessary security measures to protect your Taparam Account and personal information.
You should be solely responsible for keeping safe of your Taparam Account and password and be responsible for all the transactions under your Taparam Account. Taparam assumes no liability for any loss or damages caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc. By creating a Taparam Account, you hereby agree that:
i. you will notify Taparam immediately if you are aware of any unauthorized use of your Taparam Account and password or any other violation of security rules;
ii. you will strictly abide by all mechanisms or procedures of Taparam regarding security, authentication, trading, charging, and withdrawal;
You must promptly notify Taparam if you discover or suspect any unauthorized access or use of your Taparam Account or any security breaches related to your Taparam Account. Upon receipt of written notice from you that the security of your Taparam Account has been compromised, Taparam will suspend your Account to protect your account, including, for example, to prohibit actions initiated by the compromised Taparam Account until a new password is created or other security feature is activated.
You are responsible for all activities that occur under your Taparam Account, and by agreeing to these Terms you accept all risks of any authorized or unauthorized access to your Taparam Account.
You hereby agree, declare and undertake that you have legally obtained the personal data relating to your legal entity’s shareholders, employees or other real persons, given/to be given by You to us within the scope of the legal relation arising from this Agreement; that You are authorized to share said personal data with us. You shall be obliged to compensate any kinds of losses to be suffered by us in the event said personal data are obtained illegally by You.
4.6. Account Access
You are only permitted to access your Taparam Account using your User Account login credentials and other required forms of authentication. We may require multi-factor authentication to keep your User Account safe and secure.
You agree and understand that you are solely responsible for managing and maintaining the security of your User Account login credentials and any other required forms of authentication, including your API keys.
If you notice any unauthorized or suspicious activity in your account, you should send and email to support@Taparam.com or destek@Taparam.com and notify us immediately.
4.7. Account Communication
You agree and understand that all communication with you will be via email. We will use the email address on record for your User Account for communicating with you. To ensure that you receive all of our communications, you agree to keep your email address up-to-date and immediately notify us if there are any changes. Delivery of any communication to the email address on record at our system is considered valid.
4.8. Account History
We use reasonable efforts to assure that the information contained in the notices we send you and your Transaction History is accurate and reliable; however, please understand that errors may sometimes occur and such errors do not impact the actual means and results of a given transaction.
Any transaction listed in your Transaction History or other communication including, but not limited to, receipts sent to your email on record shall be deemed and treated as authorized and correct, approved, and confirmed by you unless we receive Written Notice (as defined herein) to the contrary.
4.9. Account Review and Acknowledgment
It is important for you to understand that it is your sole responsibility to review your Transaction History and any notices. You also understand that for the purposes of review and acknowledgment, you agree to be deemed to have reviewed your Transaction History and all notices on at least a monthly basis. If for any reason you are unable to do so, or you do not receive our communications, it is your responsibility to email support@Taparam.com or destek@Taparam.com and notify us immediately.
Account Closure
You may close any of your accounts at any time. You agree and understand that closing an account will not affect any rights and obligations incurred prior to the date of account closure. You may be required to either cancel or complete all open orders and, in accordance with the provisions of this User Agreement, provide transfer instructions of where to transfer any fiat currency and/or Crypto Assets remaining in your account. You are responsible for any fees, costs, expenses, taxes, charges, or obligations (including, but not limited to, attorney and court fees or transfer costs of fiat currency or Crypto Assets) associated with the closing of your account. In the event that the costs of closing of your account exceed the value in your account, you will be responsible for reimbursing us.
4.11. Account Suspension
You agree and understand that Taparam 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 Taparam , 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 Taparam 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 Taparam, your login credentials, or other account information in an unauthorized or inappropriate manner; or Taparam. 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 Taparam. 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.
4.12 Account Investigations
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 that 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, Taparam 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, Taparam 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.
4.13. Account Remedies for Breach
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 Taparam 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 Taparam . If you disagree with any determination made or remedy exercised under this subsection, the provisions of the article with the heading "Dispute Resolution" and all other related provisions of the Agreement shall be applied.
4.14. Account Termination
You agree and understand that we have the right to terminate your access to Taparam and any account at any time and for any reason, and that if we do so, your rights and obligations under this User Agreement will continue. You further agree and understand that we have the right to take any and all necessary and appropriate actions pursuant to this User Agreement and/or Applicable Laws and Regulations.
You authorize us to return your funds (less any trading fee discounts, rebates, and/or damages to which we are entitled) to any bank account linked to your account, unless otherwise required by law. If there is a Digital Asset balance remaining in your account, you agree to provide us with a Digital Asset address upon receiving Written Notice, so that we can return the remaining Crypto Assets to you. If you fail to do so, you hereby agree that we are permitted to sell any remaining Crypto Assets on the open market at a price within 20% of the Prevailing Market Price and return the proceeds (less any trading fee discounts, rebates, and/or damages to which we are entitled) to any bank account linked to your account. In those circumstances, Taparam reserves to change the rates of the market price which are defined hereabove in its sole discretion.
4.15. Currency Support And Entitlement
Taparam in its sole discretion will determine which types of Crypto Assets and Legal Tender (collectively, "Currencies") will be supported for transfer, storage, lending, trading or any other activities through the Services. Support for any Digital Asset may be discontinued or terminated at any time for any or no reason.
Taparam gives no assurances that any Crypto Asset which is the subject of a fork will be supported through the Services.
Among the Currencies supported through the Services, the specific Currencies that you are permitted to transfer, store, trade, or otherwise interact with through the Services are referred to as "Approved Currencies". When you access the Services, only transactions involving Approved Currencies will be available to you.
The Approved Currencies available to you are based on the jurisdiction of which you are a citizen or Resident and any other factors determined by Taparam in its sole discretion. The Approved Currencies available to you may differ from the Approved Currencies available to other users.
Without notice and for any reason, Taparam may terminate support for a Currency on the Services generally, remove a Currency from the list of Approved Currencies applicable to you, or otherwise suspend or terminate your ability to deposit, withdraw, trade, or otherwise access any Approved Currency. However, Taparam will use commercially reasonable efforts to notify you prior to taking any action that permanently would prevent you from withdrawing Crypto Assets from your Taparam Account. If you do not transfer the affected Funds from your Taparam Account before your access to an applicable Currency through the Services is terminated, then you may irrevocably lose your ability to access, transfer or otherwise control the affected Funds. Taparam will not be liable to you for any losses, liability or expenses related to its decision to terminate your ability to transfer, trade or store any Currency.
We reserve the right to convert any or all Crypto Assets standing in your Account, irrespective of the currency and/or asset, into another currency and/or asset which will be determined by Taparam sole discretion at any time. Whenever we conduct currency and/or asset conversions for you, we will do so at a rate of said currency and/or asset price reasonably determined by us in accordance with the prevailing prices on Taparam platform.
5. Taparam Services
Upon completion of the registration and identity verification for your Taparam Account, you may use various Taparam Services. Taparam has right to modify or terminate, in its discretion, any Taparam Services based on its development plan; and Allow or prohibit some Users' use of any Taparam Services in accordance with relevant Taparam Platform Rules. You agree and understand that we may modify part of or all of Taparam without notice.
We will not make personal recommendations or advise on the merits of purchasing, selling, or otherwise dealing in particular Crypto Assets or executing particular transactions, any Order, any tax consequences or the composition of any Account or any other rights or obligations attaching to any Crypto Assets or transactions. You should not regard any discussion or communication regarding a proposed Order or transaction, any Crypto Assets suggested trading strategies, factual market information or analysis, market commentary, or any other written or oral communications from us as personal recommendations or advice, or as expressing our view as to whether a particular Order or transaction or Digital Asset is suitable for you or meets your financial objectives. You must rely on your own judgement for any investment, Order, transaction, Digital Asset dealing decision you make in relation to your Account at all times.
5.1. General Information
Provided that you constantly comply with the express terms and conditions stated in these Terms, Taparam grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use Taparam Services through your computer or Internet compatible devices for your personal/internal purposes. Nothing in these Terms of Service gives you any license (other than as set out in this paragraph), right, title, or ownership of, in, or to the Site, any of the Services, the Copyrights or the Marks. Taparam may suspend or terminate the provision of Services to you, your Crypto Assets, Crypto Asset Wallet, or to any of your Crypto Asset Address, or to freeze or terminate your Crypto Asset Wallet, at its sole discretion, as required by applicable Laws or where Taparam determines that you have violated, breached, or acted inconsistent with any of these Terms.
You are prohibited to use Taparam Services for resale or commercial purposes, including transactions on behalf of other persons or entities. All the above actions are expressly prohibited and constitute a material violation of these Terms. The content layout, format, function and access rights regarding Taparam Services should be stipulated in the discretion of Taparam . Taparam reserves all rights not expressly granted in these Terms. Therefore, you are hereby prohibited from using Taparam Services in any way not expressly authorized by these Terms. These Terms only grant a limited license to access and use Taparam Services. Therefore, you hereby agree that when you use Taparam Services, Taparam does not transfer Taparam Services or the ownership or intellectual property rights of any Taparam intellectual property to you or anyone else. All the text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including html code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in the services or provided through Taparam Services, are exclusively owned, controlled and/or licensed by Taparam Operators or its members, parent companies, licensors or affiliates. Taparam owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as "Feedback") about Taparam or Taparam Services that you provide through email, Taparam Services, or other ways. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to Taparam . You have no right and hereby waive any request for acknowledgment or compensation based on any Feedback, or any modifications based on any Feedback.
5.2. Restrictions
When you use Taparam Services, you agree and undertake to comply with the following provisions:
i. During the use of Taparam Services, all activities you carry out should comply with the requirements of applicable laws and regulations, these Terms, and various guidelines of Taparam ;
ii. Your use of Taparam Services should not violate public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other Users from using Taparam Services;
iii. Without written consent from Taparam , the following commercial uses of Taparam data are prohibited:
1) Trading services that make use of Taparam quotes or market bulletin board information.
2) Data feeding or streaming services that make use of any market data of Taparam .
3) Any other websites/apps/services that charge for or otherwise profit from (including through advertising or referral fees) market data obtained from Taparam .
iv. Without prior written consent from Taparam , you may not modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sub-license, sell, mirror, design, rent, lease, private label, grant security interests in the properties or any part of the properties, or create their derivative works or otherwise take advantage of any part of the properties.
v. You may not (i) use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the properties, or replicate or bypass the navigational structure or presentation of Taparam Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through Taparam Services; (ii) attempt to access any part or function of the properties without authorization, or connect to Taparam Services or any Taparam servers or any other systems or networks of any Taparam Services provided through the services by hacking, password mining or any other unlawful or prohibited means; (iii) probe, scan or test the vulnerabilities of Taparam Services or any network connected to the properties, or violate any security or authentication measures on Taparam Services or any network connected to Taparam Services; (iv) reverse look-up, track or seek to track any information of any other Users or visitors of Taparam Services; (v) take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of Taparam Services or Taparam , or the infrastructure of any systems or networks connected to Taparam services; (vi) use any devices, software or routine programs to interfere with the normal operation of Taparam Services or any transactions on Taparam Services, or any other person's use of Taparam Services; (vii) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to Taparam , or (viii) use Taparam Services in an illegal way.
By accessing Taparam Services, you agree that Taparam has the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant regulations without your consent or prior notice. Examples of such actions include, but are not limited to:
• Blocking and closing order requests; • Freezing/suspending/closing your account;
• Freezing/blocking partially and/or wholly Crypto Assets and/or Legal Tender in your Account;
• Reporting the incident to the authorities;
Crypto-to-crypto Trading
Upon completion of the registration and/or identity verification for your Taparam Account, you may conduct Crypto to-crypto Trading on Taparam in accordance with the provisions of these Terms and Taparam Platform Rules.
With our sole discretion and/or according to the laws and regulations in Turkey, we may allow you to trade crypto to fiat currency/Legal Tender and fiat currency/Legal Tender to crypto ("Fiat Trading") on Taparam in accordance with the provisions of these Terms and Taparam Platform Rules. In any circumstances, you should open a bank account at Turkish Banks which their residency are in Turkey and in the name of you and/or belong to you to collect those Funds.
5.4. Orders
Upon sending an instruction of using Taparam Services for Crypto-to-crypto Trading and/or Fiat Trading (an "Order"), your account will be immediately updated to reflect the open Orders, and your Orders will be included in Taparam 's order book to match other users' Orders. If one of your orders fully or partially matches another user's Order, Taparam will execute an exchange (a "Transaction"). Once the Transaction is executed, your account will be updated to reflect that the Order has been fully executed and closed, or the Order has been partially executed. The Order will remain uncompleted until it is fully executed or cancelled under paragraph (b) below. To conclude a Transaction, you authorize Taparam to temporarily control the Funds involved in your Transaction. We may in our sole discretion accept an Order in whole or in part. You may give Sell and/or Buy Order in order to the amount of Funds stipulated for your Account with Taparam . Therefore, We may demand from You any advance the amount of Funds which You want to purchase, as Taparam deems it necessary, before executing any buy Order, or may demand from You have to deliver to Taparam the Funds which You want to sell, as a precondition for transmission of an Order. If there is no sufficient amount of Funds in Your Account, We shall not be liable for any failure to execute Your Orders. Orders may be placed as Market Orders to buy or sell as soon as possible at the price on Taparam platform, or on selected Funds as Limit Orders and Stop Orders to trade when the price reaches a pre-defined level. Limit Orders to buy and Stop Orders to sell must be placed below the then current price on Taparam platform and Limit Orders to sell and Stop Orders to buy must be placed above the then current price on Taparam platform.
We will try to execute Limit Orders, Stop Orders and Market Orders as soon as practicable but market conditions, available liquidity and technological issues can affect the sequence and time it takes to execute such Orders. We cannot guarantee that a Limit Order or a Stop Order will be executed even if the limit or stop price is reached or the execution may be at a price above or below that specified in the Order. We do not accept any liability for any actual or potential loss you may suffer if there is a delay in execution and/or the execution price is greater or less than the price specified in the Order
5.5. Cancellation
For Orders initiated through Taparam Services, you may only cancel them before they have been matched with other Users' Orders. Once your Order has been matched with another user's Order, you may not change, revoke or cancel Taparam 's authorization to complete the Order. For any partially matched Order, you may cancel the unmatched part of the Order unless such portion has been matched. Taparam reserves the right to reject any cancellation request related to the Order you have submitted. If your account does not have sufficient amount of Crypt Asset to execute an Order, Taparam may cancel the entire Order, or execute part of the Order with the amount of Crypto Assets you have in your account.
WE ARE ENTITLED, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU, TO REFUSE TO ACCEPT AND/OR EXECUTE ANY ORDER FROM YOU AND/OR PROVIDED THAT WE HAVE NOT ALREADY ACTED ON YOUR ORDER, TO CANCEL ORDERS PREVIOUSLY GIVEN BY YOU. WE WILL ONLY EXERCISE THE RIGHTS LISTED IN THIS CLAUSE WHERE WE REASONABLY CONSIDER IT NECESSARY OR DESIRABLE, FOR EXAMPLE BUT WITHOUT LIMITATION, IN RESPONSE TO OR IN ANTICIPATION OF ANY OF THE FOLLOWING:
(a) AN EVENT OF DEFAULT;
(b) TECHNICAL ISSUES WITH ANY SYSTEM;
(c) A LACK OF LIQUIDITY IN THE MARKET CONCERNING THE DİGİTAL ASSETS AND/OR CYRPTO ASSETS IN WHICH YOU TRADE;
5.6. Fees
You agree to pay Taparam the fees specified in https://pro.Taparam.com/en/help/fees. Taparam may, in its discretion, update the fees at any time. Any updated fees will apply to any sales or other Transactions that occur following the effective date of the updated fees. You authorize Taparam to deduct from your account any applicable fees that you owe under these Terms.
All transactions or trades conducted by you will be made on a net basis after the deduction of applicable fees, charges or other amounts that you owe to us and/or any third party provider/business partner we work with.
5.7. Deposits And Withdrawals
Taparam does not accept fiat currency deposits from third-party bank accounts and does not send fiat currency to third party bank accounts. The name on your linked bank account must match the name on your Taparam account.
All deposits to your Account and all withdrawals from your Account shall only be the Accounts and/or virtual wallets in the name of you and/or belong to you and/or in your management. In no case Taparam shall be liable for not conducting your o deposit or withdrawals to any account or any virtual wallets that doesn’t belong to you or in the name of you or in your management. Where you have a positive balance on your Account, you may request a withdrawal, for any amount of the positive balance. We may at our reasonable discretion withhold, deduct or refuse to make a withdrawal (in whole or in part), where:
(a) you have any actual or contingent liability to us,
(b) we reasonably determine that there is an unresolved dispute between us relating to these Terms or the Agreement; and/or
(c) If your account activities are inconsistent with our KYC/AML compliance procedure;
(d) we reasonably believe that funds and/or activities in your account related with illegal activities, Prohibited Activities. fraud,
(e) In the event of violation of law, violation any of these Terms by You,
(f) During Account Investigation process,
(g) According to any legal proceedings and/or pending legal process
5.8. Wire Transfers
Taparam offers its customers the ability to fund an account via wire deposits. Funds from a wire deposit will be made available for trading as soon as they are settled. Please note that the deposit settlement times are subject to bank holidays, the processes of partner banks and the processes of your bank. In addition to that, deposit settlement times may be delayed because of any technical issues. If a wire transfer is received from a third-party bank account, Taparam will reject and return the wire immediately. Taparam does not send wire transfers to third party bank accounts, if you give a withdrawal request on behalf of a third party Taparam will reject the wire transfer request.
6. Legal Process
You agree and understand that we, as well as our affiliates, service providers, business partners, third party stakeholders, their respective officers, directors, agents, joint ventures, employees and representatives (collectively, the "Taparam Service Providers"), may comply with any writ of attachment, execution, garnishment, tax levy, restraining order, subpoena, warrant or other legal process, which any of us reasonably and in good faith believe to be valid. We and any Taparam Service Provider may, but are not required to, notify you of such process by electronic communication. We and any Taparam Service Provider may charge you for associated costs, in addition to any legal process fees.
7. KYC/AML Compliance
Our KYC/AML Program is designed to prevent the use of Taparam for money laundering or terrorist financing activities. We reserve the right to require you to provide us with additional information at any point thereafter, in accordance with the Agreement and/or ,Applicable Laws and Regulation and/or to prevent fraudulent activities which we consider fraudulent in our sole discretion.
8. Liabilities
8.1. Disclaimer of Warranties
Taparam SERVICES, Taparam MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF Taparam ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, Taparam DOES NOT REPRESENT OR WARRANT THAT THE SITE, Taparam SERVICES OR Taparam MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Taparam DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS, AGREEMENTS AND RULES SET FORTH IN THESE TERMS. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT Taparam WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF CYRPTO ASSETS PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA, (D) REGULAR OR UNSCHEDULED MAINTENANCE CARRIED OUT BY Taparam AND SERVICE INTERRUPTION AND CHANGE RESULTING FROM SUCH MAINTENANCE, (E) ANY DAMAGES INCURRED BY OTHER USERS' ACTIONS, OMISSIONS OR VIOLATION OF THESE TERMS, (F) ANY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZED BY Taparam ; AND (G) OTHER EXEMPTIONS MENTIONED IN DISCLAIMERS AND PLATFORM RULES ISSUED BY Taparam .
8.2. Disclaimer of Damages and Limitation of Liability
YOU ARE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER ARISING OUT OF Taparam SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF Taparam SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF Taparam AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF Taparam HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF Taparam 'S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW.. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF Taparam , ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF SERVICES OFFERED BY OR ON BEHALF OF Taparam AND ITS AFFILIATES, ANY PERFORMANCE OR NON-PERFORMANCE OF Taparam SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO Taparam UNDER THESE TERMS IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
8.3. Indemnification
You agree to indemnify and hold harmless Taparam , their affiliates, contractors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys' fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, Taparam Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of Taparam Services. If you are obligated to indemnify Taparam , their affiliates, contractors, and their respective directors, officers, employees or agents pursuant to these Terms, Taparam will have the right, in its sole discretion, to control any action or proceeding and to determine whether Taparam wishes to settle, and if so, on what terms.
9. Termination of Agreement
9.1. Suspension of Taparam Accounts
You agree that Taparam shall have the right to immediately suspend your Taparam 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 Taparam for any reason including if Taparam 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 Taparam shall not be liable to you for any permanent or temporary modification of your Taparam Account, or suspension or termination of your access to all or any portion of Taparam Services. Taparam shall reserve the right to keep and use the transaction data or other information related to such Taparam Accounts. The above account controls may also be applied in the following cases:
• The Taparam Account is subject to a governmental proceeding, criminal investigation or other pending litigation;
• We detect unusual activities in the Taparam Account;
• We detect unauthorized access to the Taparam Account;
• We are required to do so by a court order or command by a regulatory/government authority.
9.2. Closure of Taparam Accounts
In case of breaching any of these Terms partially or wholly, Taparam shall have the right to directly terminate these Agreement by closing your Taparam Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your Taparam Account on Taparam and withdraw the corresponding Taparam Account thereof:
• after Taparam terminates services to you;
• you allegedly register or register in any other person's name as a Taparam 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 Taparam Account or by other means.
• if you breach partially and/or wholly any of the provision of these Terms;
• you request that Taparam Services be terminated;
. If Taparam is informed that any Crypto Assets or funds held in your Taparam Account are stolen or otherwise are not lawfully possessed by you, Taparam may, but has no obligation to, place an administrative hold on the affected funds and your Taparam Account. If Taparam does lay down an administrative hold on some or all of your funds or Taparam Account, Taparam may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to Taparam has been provided to Taparam in a form acceptable to Taparam . Taparam will not involve itself in any such dispute or the resolution of the dispute. You agree that Taparam 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.
9.3. Remaining Funds After Taparam Account Termination
In case of breaching any of these Terms partially or wholly, all remaining account balance (which includes charges and liabilities owed to Taparam ) will be payable immediately to Taparam . Upon payment of all outstanding charges to Taparam (if any), Users will have to withdraw all Crypto Assets or funds from the account in a limited time.
9.4. Remaining Funds After Taparam Account Termination Due to Fraud, Violation of Law, or Violation of These Terms
Taparam maintains full custody of the Crypto Assets or Funds in the event of Taparam Accounts' suspension/closure arising from fraud investigations, investigations of violation of law or violation of any of these Terms partially or wholly.
10. Default and Default Remedies
1. 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) you commence a voluntary case or other procedure seeking or proposing liquidation, reorganisation, judicial management, an arrangement or composition, a freeze or moratorium, or other similar relief (by way of voluntary arrangement scheme or arrangement or otherwise) with respect to yourself or to your debts under any bankruptcy, insolvency, receivership, adjudication, compromise, regulatory, supervisory or similar law (including any corporate or other law with potential application to you, if insolvent) or seeking the appointment of a Custodian or judicial manager of you or any of your assets; or take any corporate action to authorise any of the foregoing; and, in the case of a reorganisation, judicial management, arrangement or composition, we do not consent to the proposals;
(f) an involuntary case or other procedure is commenced against you seeking or proposing liquidation, reorganisation, judicial management, receivership, adjudication, compromise, an arrangement or composition, a freeze or moratorium, or other similar relief with respect to you or your debts under any bankruptcy, insolvency, regulatory, supervisory or similar law (including any corporate or other law with potential application to you, if insolvent) or seeking the appointment of a Custodian or judicial manager of you or any of your assets or any process is commenced by any person which may result in you being declared "bankrupt";
(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
11. No Financial Advice
Taparam 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 Taparam Services. No communication or information provided to you by Taparam 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. Taparam will not be held responsible for the decisions you make to buy, sell, or hold Digital Asset based on the information provided by Taparam .
12. Compliance with Local Laws
It is Users' responsibility to abide by local laws in relation to the legal usage of Taparam Services in their local jurisdiction as well as other laws and regulations applicable to Users. Users must also factor, to the extent of their local laws all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities.
ALL USERS OF Taparam SERVICES ACKNOWLEDGE AND DECLARE THAT THEIR FUNDS COME FROM LEGITIMATE SOURCES AND DO NOT ORIGINATE FROM ILLEGAL ACTIVITIES; USERS AGREE THAT Taparam WILL REQUIRE THEM TO PROVIDE OR OTHERWISE COLLECT THE NECESSARY INFORMATION AND MATERIALS WITHIN Taparam ’S SOLE DISCREATION AS PER RELEVANT LAWS OR GOVERNMENT ORDERS TO VERIFY THE LEGALITY OF THE SOURCES AND USE OF THEIR FUNDS.
13. Provision On Evidences And Keeping Voice Records
13.1. 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.
13.2. Voice 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.
13.3. 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 Taparam in this regard and that records may be used as evidence at courts.
14. Applicable Law And Resolution Of Disputes
14.1. Notification of Dispute. Please contact Taparam first! Taparam wants to address your concerns without resorting to formal legal proceedings. Before filing a claim, you maytry to resolve the dispute informally by contacting Taparam first through support@Taparam .com or destek@Taparam .com
14.2. We inform You that all kinds of changes to be made to the laws and regulations of the Republic of Turkey in the future, shall be applied to this Agreement.
14.3. This Agreement shall be subject to the laws and related rules and regulations of the Republic of Turkey.
14.4. İstanbul Çağlayan Courts and Execution Offices shall be competent for resolution of all disputes arising from or relating to the implementation or construction of this Agreement.
15. Miscellaneous
15.1. Entire Agreement. These Terms constitute the entire agreement between the parties regarding use of Taparam Services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein.
15.2. Interpretation and Revision. Taparam reserves the right to alter, revise, modify, and/or change these Terms at any time. All changes will take effect immediately upon being published on Taparam websites. It is your responsibility to regularly check relevant pages on our websites/applications to confirm the latest version of these Terms. If you do not agree to any such modifications, your only remedy is to terminate your usage of Taparam Services and cancel your account. You agree that, unless otherwise expressly provided in these Terms, Taparam will not be responsible for any modification or termination of Taparam Services by you or any third party, or suspension or termination of your access to Taparam Services.
15.3. Severability. If any portion of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
15.4. Assignment. You may not assign or transfer any right to use Taparam Services or any of your rights or obligations under these Terms without prior written consent from Taparam , including any right or obligation related to the enforcement of laws or the change of control. Taparam may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
15.5. Waiver. The failure of one party to require performance of any provision will not affect that party's right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party's violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.
15.6. External/Third Party Websites. Taparam makes no representations whatsoever about any External/Third Party Websites you may access through the Site including the websites of any third-party custodian service providers. Occasionally, the Taparam website may provide references or links to External/Third Party Websites. We do not control these External Websites or third-party sites or any of the content contained therein. You agree that we are in no way responsible or liable for the External/Third Party Websites referenced or linked from the Taparam website, including, but not limited to, website content, policies, failures, promotions, products, opinions, advice, statements, prices, activities, advertisements, services or actions and/or any damages, losses, failures or problems caused by, related to or arising from those sites. You shall bear all risks associated with the use of such content.
External/Third Party Websites have separate and independent terms of use and related policies. We request that you review the policies, rules, terms and regulations of each site that you visit. It is up to you to take precautions to ensure that whatever you select for your use is free of items such as viruses, worms, Trojan horses and other items of a destructive nature.
15.7. 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 Taparam ’s control. You are solely responsible for backing up and maintaining copies of any information you store or transfer through the Services.
15.8. Force Majeure. Taparam will have no responsibility or liability for any failure or delay in performance of any Services, or any loss or damage that you may incur, that is due to any circumstance or event beyond the control of Taparam , including without limitation any flood, extraordinary weather conditions, pandemic, earthquake, fire, or other act of God, war, insurrection, riot, labor dispute, accident, action of government, communications interruption, power failure, equipment, server, internet, or software malfunction, security breach or cyberattack, criminal acts, market movement, shift, or volatility, or a change in the underlying technology of a particular Crypto Asset.
15.9. Unlawful Possession. If Taparam receives credible notice (credibility to be determined in Taparam ’s sole discretion) alleging that any Funds held in your Taparam Account have been stolen or otherwise are not lawfully possessed by you, Taparam may, but has no obligation to, place an administrative hold on the affected Funds or your Taparam Account. Taparam may continue such hold until the dispute has been resolved and evidence of the resolution has been provided to Taparam to Taparam ’s satisfaction. Taparam will not become involved in any such dispute or the resolution of the dispute. You agree that Taparam will have no liability or responsibility for the consequences of any such action, including without limitation your inability to withdraw Funds, execute Trades, or otherwise use the Services while such hold is in place.
15.10. Third‐Party Content. Content, websites, and other materials provided by third parties ("Third-Party Content") may be displayed, linked to, or otherwise made available through the Services. Taparam does not control, endorse, or adopt any Third-Party Content and will have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. Taparam is not responsible or liable for any loss or damage of any sort incurred as the result of any correspondence or business dealings between you and any third party. Your use of Third-Party Content, and your interactions with third parties, is at your own risk.
15.11.Prohibited Activities. You may not use the Site, the Services, or any other Taparam Materials to engage in any of the activities set forth in this Section.
(a) Unlawful activity: Violate, or assist in the violation of, any law, statute, ordinance, or regulation; or pay for, support, or engage in any illegal gambling activities, ponzi scheme, fraud, money-laundering, terrorist activities, tax evasion, or other illegal activities or other malicious purposes.
(b) Relationship with other users: Engage in activity that could interfere with, disrupt, disadvantage, violate or infringe on the legal rights of, or inhibit other users from fully enjoying the Services; or use or attempt to use another user’s account without authorization.
(c) Third-party information: Harvest or otherwise collect information about other users or third parties, including without limitation email addresses, without proper consent; or post content containing private information of any third-party including without limitation addresses, phone numbers, email addresses, national identification numbers and credit card numbers.
(d) Inappropriate content: Post content or communications that, Taparam ’s sole discretion are libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive, contain unsolicited promotions, political campaigning, or commercial messages, or otherwise are inappropriate.
(e) Impairment of the services; malware: Engage in activity that could damage, disable, overburden, or impair the functioning of the Services in any manner; or introduce to the Services any malware, virus, trojan worms, logic bombs, or other harmful material.
(f) Data extraction: Use any robot, spider, crawler, scraper, or other automated means or interface not provided by Taparam to access the Services or to extract data.
(g) Circumvention: Attempt to circumvent any content filtering techniques Taparam employs or attempt to access any service or area of the Services that you are not authorized to access, including without limitation through the use of a virtual private network, proxy service, or any other third party service, network, or product with the effect of disguising your IP address or location.
(h) Inaccurate information: Provide misleading or inaccurate information requested by Taparam .
(i) Third-party use: Transfer, sublicense, resell, lease, lend, share, distribute or otherwise permit any third party to use the Taparam Materials or use the Taparam Materials in any service bureau environment.
(j) Modifications; reverse engineering: Modify or create derivative works of the Taparam Materials, or any portion thereof; decompile, disassemble, reverse engineer or attempt to discover the source code of the Taparam Materials.
(k) Relationship with Taparam . Display any part of the Taparam Materials in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and Taparam , other than as expressly permitted in writing by Taparam .
(l) Competition; commercial use: Design, develop or create any competing product or service; or engage in any commercial or noncommercial purpose other than their intended purposes determined at Taparam ’s discretion.
(m) Use of data: Store, transfer, or otherwise use pricing or historical pricing or trading data made available through the Services for any purpose other than your personal non-commercial use, or sell any such data for any purpose, except as expressly permitted in writing by Taparam .
(n) Detrimental activity. Engage in any other conduct that is detrimental to Taparam or any third party, or cause injury to, or attempt to harm Taparam or any third party.
(o) Violation of Terms: Engage in any other prohibited activities set forth in, or otherwise violate or cause a violation of, these Terms, the Service Rules, or any other rules or policies posted on the Site.
15.12. Authorization By entering any instructions via the Taparam Materials or otherwise using the Services, you hereby authorize Taparam to undertake each action (including without limitation to control the Crypto Assets or Legal Tender credited to your Taparam Account) that is designed to execute such instructions or the intended purpose of your use of the Services.
15.13. Electronic Notices You hereby consent by signing this Agreement to receive electronically all communications, agreements, documents, receipts, notices, and disclosures (collectively, "Communications") that Taparam provides in connection with these Terms, your Taparam Account, or any Services. You agree that Taparam 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 Taparam 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, Taparam will be deemed to have provided the Communication to you. You can update your contact information at any time by accessing your Taparam Account settings.
If you are a legal entity (such as corporate, institutions or organizations); for any kinds of advertisements, campaigns, promotions, information etc. made to You within the scope of this Agreement and other agreement/s to be signed by You, We are not required to take your prior consent according to the Law no.6563 on Regulation of Electronic Commerce and the Regulation on Commercial Communication and Commercial Electronic Transmissions.
15.14. Taparam Trademarks and Logo. "Taparam " and any other product or service names, logos, and other marks used on the Site or Taparam Materials, or otherwise in connection with the Services, are trademarks owned by Taparam or its licensors. You may not copy, imitate, appropriate, display or otherwise use any such trademarks without Taparam 's prior written consent.
15.15. Feedback Taparam will own any feedback, suggestions, ideas, or other information or materials regarding Taparam , the Services, or the Site that you provide, whether by email, through the Services, through any social media network, or otherwise ("Feedback"). You hereby assign to Taparam all right, title and interest to Feedback together with all associated intellectual property rights. You will not be entitled to, and you hereby waive any claim for, acknowledgment or compensation based on any Feedback or any modifications made based on any Feedback.
15.16. Updating Contact Information. It is your responsibility to keep your email address and/or mobile phone number on file with Taparam up to date so that Taparam can communicate with you electronically. You understand and agree that if Taparam sends you an electronic Communication but you do not receive it because your email address or mobile phone number on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Taparam will be deemed to have provided the Communication to you. If your email address or mobile phone number becomes invalid such that electronic Communications sent to you by Taparam are returned, Taparam may deem your account to be inactive, and you may not be able to complete any transaction via our Services until we receive a valid, working email address or mobile phone number from you.
15.17. Taxes. It is your responsibility to determine whether, and to what extent, any taxes apply to any transactions and/or trades you conduct through Taparam 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 charged based on the income you shall gain from transactions according to the tax laws and regulations of the Republic of Turkey. 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 your tax consultant, all costs relating thereto being borne by you. If the opinion of 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.
15.18. Contact Information. For more information on Taparam , you may refer to the company information found on Taparam websites. If you have questions regarding these Terms, please feel free to contact Taparam for clarification via our Customer Support team at support@Taparam .com or destek@Taparam .com
15.18. Headings of articles specified in this Framework Agreement are inserted for ease of reference only and they shall not have any binding effect with regards to the content.
15.19. In cases where there is no relevant provision in this Agreement general provisions, rules and regulations of the Republic of Turkey s shall be applied.
15.20. This Framework Agreement and annexes is drawn up in English and Turkish. In case of any discrepancy between the English and Turkish versions, Turkish version will prevail.
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