Terms And Conditions Of Use

These Terms of Use, on the one hand, Yenibosna Merkez Mh. Ladin Sk. AGABULLION KIYMETLI MADENLER ANONİM ŞİRKETİ (hereinafter “COMPANY”), a joint stock company duly established under the laws of the Republic of Turkey, registered with the Istanbul Trade Registry Office at the address of Kuyumcukent Sitesi Store Blok No.4M/Z030 D:72 Bahçelievler Istanbul with the registration number 149207-5. or “INTERMEDIATE AGENCY”) and the other party the MEMBER (as defined below) and the terms and conditions regarding the use of AGAGOLDY organizes. It is accepted that the MEMBER accepts, declares and undertakes to comply with these Terms of Use from the moment that the user name and password are provided for membership in AGAGOLDY.

The MEMBER, by completing the membership procedures and starting to use AGAGOLDY, has the right, authority and legal capacity to conclude a contract in accordance with the laws to which it is subject, and has completed the age of 18 (eighteen) years, that he has read and fully understood these Terms of Use and that he/she is subject to the conditions stated in these Terms of Use. acknowledges its commitment.

The COMPANY and the MEMBER shall hereinafter be referred to as "Party" separately and as "Parties" together.

1. DEFINITIONS

AGAGOLDY : It refers to the digital platform with the extension "https://www.agabullion.com/AgaGoldy" that allows token trading supported by precious metals owned by the COMPANY.

AWG Card : Refers to the card with the system that supports the storage of AWG Tokens.

AWG Token : AGAGOLDY (AWG) stands for a gold-backed token independently issued by Aurus Ecosystem participants. Each token represents full ownership and can be exchanged for 1 gram of 99.99% gold supplied by LBMA accredited refineries.

Wallet : It refers to the digital wallet that allows the storage of AWG Tokens.

ETH : It refers to the cryptocurrency Ether, the abbreviation produced by the Ethereum platform.

ŞİRKET : AGABULLION KIYMETLİ MADENLER ANONİM ŞİRKETİ

ÜYE : It refers to the member whose user name and password are defined for accessing AGAGOLDY, after signing the necessary documents, completing the membership procedures in order to use AGAGOLDY.

2. SUBJECT

2.1. The subject of these Terms of Use is to determine the terms of use regarding the transactions to be made by the MEMBER through AGAGOLDY and the services to be benefited from.

2.2. The MEMBER will be able to access AGAGOLDY with the user name and password to be provided by the COMPANY after the COMPANY provides the information requested in a complete and correct manner and after signing these Terms of Use. Membership is completed with the completion of the membership procedures in AGAGOLDY (and the conclusion of these Terms of Use).

3. USE OF AGAGOLDY

3.1. After completing the AGAGOLDY membership process, the MEMBER will be able to log in to AGAGOLDY and trade AWG Tokens as detailed here, and follow the AWG Tokens he/she owns.

4. PROVISIONS REGARDING DIGITAL SERVICES

4.1. As stated in these Terms, the MEMBER who has completed the membership process will be able to buy and sell AWG TOKENs through AGAGOLDY.

4.2. The COMPANY will send an e-mail confirmation for the purchased AWG Tokens and notify the MEMBER of the amount of AWG Tokens purchased and their price. The MEMBER will have purchased AWG Tokens only if this e-mail confirmation is sent and this purchase will be completed.

4.3. In the event that the COMPANY is unable to fulfill the MEMBER's AWG Token purchase order for any reason, the COMPANY will send the MEMBER a notification e-mail stating that this purchase has not been made.

4.4. AWG Tokens sent to non-compliant Wallets are lost and cannot be recovered or recovered afterwards. Therefore, it is the MEMBER's sole and exclusive responsibility to ensure that the Wallets are compatible with the AWG Tokens created in the Blockchain Ethereum Network environment and to confirm this compatibility.

4.5. The management and storage of the AWG Card or any other support system used for the purpose of storing AWK Tokens is the sole responsibility of the MEMBER. In the event that the AWG Card or any other storage device is lost by the MEMBER, the MEMBER AWG Tokens will also be lost. It is very important that the AWG Card is stored in a safe place such as gold bullion or money. The COMPANY may in no way physically or digitally recover such AWG Tokens.

5. AWG TOKEN TRANSFER FEE

5.1. After the transfer request is received according to the identity document and the MEMBER's public wallet address, AWG Tokens will be transferred to the MEMBER's wallet within 1 (one) business day to 3 (three) business days, following the collection of the payment for the MEMBER order by the COMPANY. Notwithstanding the foregoing, the execution of such transfers may take longer than stated due to the fact that these transfers are made through the Ethereum system, which can become congested due to many factors beyond the COMPANY's control, such as, but not limited to, the increase in ETH value.

5.2. The transfer fee will be reflected to the MEMBER by the COMPANY in accordance with the market prices at the time of the transfer. However, if the MEMBER does not want to wait for the time specified in Article 6.1 above for the transfer to take place, he/she may request an instant transfer. In this case, the AWG Token will be transferred to the MEMBER's wallet as soon as the transaction is made, and in such a case, the transfer fee is 15.00 USD (fifteen USD). For the avoidance of doubt, the said transfer fee constitutes the upper limit of the transfer fee, which will also be reflected in the case of transfers to be made by the COMPANY pursuant to Article 6.1.

5.3. The MEMBER has the right to withdraw, provided that the MEMBER pays any transaction fee that will be reflected due to the MEMBER's withdrawal from this transaction, during the period between the moment the transfer order is created and the moment the AWG Tokens are effectively sent to the MEMBER. In such a case, these fees will be deducted from the amount to be returned to the MEMBER due to withdrawal and the remaining balance will be deposited into the MEMBER's account.

5.4. In the event that the MEMBER wishes to use its right of withdrawal after the AWG Tokens are delivered to the MEMBER's Wallet, this situation will be considered by the MEMBER as an AWG Token sale transaction to the COMPANY and will affect the market's own commissions.

6. AWG TOKEN RIGHT OF WITHDRAWAL

6.1. In the event that the MEMBER refuses to complete the transaction between the moment he creates the AWG Token order and the moment the transfer is made; In the case specified in Article 7.1, the MEMBER is liable to pay a penalty in the value of (i) the sum of the transfer fee and the cancellation fee, and (ii) the international change of the gold price between the purchase date and the withdrawal date. Any intention of withdrawal will be processed within 48 (forty-eight) hours to ensure that AWG Tokens are not sent during the interim period and to have their dispatch cancelled.

6.2. In the event that AWG Tokens are actually deposited in the MEMBER's Wallet within the stipulated period for the cancellation of the transfer, the provisions of Article 6 will be proceeded.

7. TOKEN WALLET, PRICE AND BACKUP

7.1. Each AWG Token acquired by the MEMBER is recorded in the MEMBER's Wallet and assigned a unique identification number or code. When an order for AWG Tokens is completed, the code in question will be automatically registered in the MEMBER's account along with the MEMBER's name/title. The MEMBER will be able to track the amount of AWG Tokens he has using AGAGOLDY.

7.2. The price of AWG Tokens specified in AGAGOLDY is reported as permanent and binding, and the MEMBER accepts, declares and undertakes that the COMPANY does not interfere in the valuation of these AWG Tokens. Any loss or gain resulting from AWG Token trading is the sole and exclusive responsibility of the MEMBER.

7.3. AWG Tokens marketed by the COMPANY are backed by their physical gold value, such that the purchase of an AWG Token in no way means the purchase of gold, but rather the value of the digital asset backed by one gram for each AWG Token sold with gold.

7.4. Therefore, for the issuance of each of the AWG Tokens marketed by the COMPANY, the COMPANY has the same amount of physical gold held in escrow in one or more specialized companies. All AWG Tokens are fully insured and their value is backed by physical gold owned by the COMPANY.

7.5. The operation, reliability, stability and security of token support systems other than those offered by the COMPANY or token support systems offered on platforms freely chosen by the CUSTOMER for receiving AWG Tokens are not the responsibility of the COMPANY. The COMPANY may propose alternative token support systems without any responsibility or liability for its operations.

8. THE RIGHT TO SELL OR MAKE YOUR INVESTMENT

8.1. The MEMBER is the owner of every AWG Token in his personal account. All income from the sale of the MEMBER's AWG Tokens (after deducting the commissions, expenses and official fees notified to the MEMBER by the COMPANY in each transaction) will be deposited into the MEMBER's personal account. The MEMBER has the right to withdraw any balance from his account; however, such withdrawals must be made to the MEMBER's authorized bank account. For the avoidance of doubt, the MEMBER's ability to make withdrawals is subject to the MEMBER's payment of the commission, withdrawal fees and costs specified in the system for such withdrawals, as stated in this article.

8.2. Likewise, the MEMBER may request the liquidation of his investment in the AWG Token by requesting the COMPANY to exchange the digital assets with gold equivalents according to their value and existing physical backups. In this case, the MEMBER must request the COMPANY to complete the deduction transactions, and the COMPANY will inform the MEMBER about the deduction conditions, costs and conditions in accordance with this request.

8.3. When requesting the set-off and delivery of the gold value of one or more AWG Tokens, the MEMBER shall be liable for all taxes, shipping charges, payment of the token set-off commission, the official cost of shipping the gold and generally any cost, expense, tax or It accepts, declares and undertakes that it knows that the MEMBER is fully responsible for the fee, and the COMPANY, at its sole discretion, may deduct these from the balance of the MEMBER's personal account or request direct payment.

8.4. The ownership, right of disposition and risk of the gold shall belong to the MEMBER from the execution of the settlement.

9. MEMBER'S STATEMENTS AND COMMITMENTS REGARDING DIGITAL SERVICES

9.1. The MEMBER acknowledges, declares and acknowledges that the COMPANY knows that the COMPANY is not a financial advisor and therefore the COMPANY will not be liable for any losses incurred by the MEMBER due to his decision to invest in AWG Tokens, or for any loss of profit that the MEMBER may suffer due to this. commits.

9.2. The MEMBER acknowledges, declares and undertakes that he knows that there are risks to investing in such an asset, that the COMPANY does not give any guarantee of profitability regarding this transaction and that there is no guarantee that the profitability of the past will be in the future.

9.3. The MEMBER acknowledges, declares and undertakes that trading on the AWG Tokens mentioned in these Terms of Use involves high risk and that the MEMBER knows that some or all of the investment amount may be damaged or lost. At the same time, the MEMBER acknowledges and declares that AWG Token prices can be extremely volatile and volatile, excessive volatility can be seen in the values ​​of purchased AWG Tokens, and can be easily affected by the world agenda, financial news, political events and the decisions of regulatory bodies. Therefore, the MEMBER prudently examines and analyzes his investments, experiences and risks before taking the said transactions, and receives relevant professional advice when necessary, and that the COMPANY will not be liable for any damages of the MEMBER due to such transactions acknowledges, declares and undertakes that it knows.

10. MEMBER'S STATEMENTS AND COMMITMENTS AND OBLIGATIONS REGARDING AGAGOLDY

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

10.2. The MEMBER accepts, declares and undertakes that he will only use AGAGOLDY for his legal activities and will act in accordance with these Terms of Use, applicable legislation and other terms and conditions stipulated by the COMPANY.

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

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

10.5. The MEMBER cannot in any way transfer or assign its rights and obligations arising from these Terms of Use and the use of AGAGOLDY.

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

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

10.8. The MEMBER knows that there may be links or references in AGAGOLDY to third party materials, websites or applications and/or portals, files or content that are not under the control of the COMPANY, and that these Third Party Materials It accepts, declares and undertakes that the MEMBER knows that it is shared for the convenience of the MEMBER. Third Party Materials should not be construed as or implied as recommendation, endorsement, affiliation or sponsorship of the relevant asset, product, service or process. The MEMBER accepts, declares and undertakes that the COMPANY is not responsible for any information contained in the Third Party Materials.

10.9. The portals, websites, files and content, services or products accessed through such links do not constitute any kind of declaration or guarantee for the purpose of supporting the website or the operator to which the links or references in the Third Party Materials are directed, or for the website or the information it contains. or the COMPANY accepts, declares and undertakes that it has no responsibility for their content.

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

10.11. The MEMBER acknowledges that the values of digital tokens are variable and that the COMPANY will not be liable in any way for any damages that the MEMBER may incur due to holding, buying, selling or trading digital tokens, even if the services of the COMPANY are delayed, suspended or interrupted for any reason. , declares and undertakes.

11. LIMITATION OF LIABILITY RELATED TO AGAGOLDY

11.1. While the COMPANY aims to provide accurate and up-to-date information on AGAGOLDY, AGAGOLDY may not always be completely accurate, complete or up-to-date and may also contain technical errors or typographical errors. In addition, the information in AGAGOLDY can be changed or updated from time to time without any further notification to the MEMBER, to the extent permitted by applicable law, rules and regulations. Therefore, the MEMBER must verify all information before relying on the information contained in AGAGOLDY and All decisions based on the information in the MEMBER are the sole responsibility of the MEMBER and the COMPANY will not have any responsibility for such decisions.

11.2. Under no circumstances will the COMPANY be liable for any loss of profit or direct or indirect, penal or other damages due to the MEMBER's use or failure to use the services offered in AGAGOLDY under any circumstances and conditions.

11.3. Applications, software, services and other content within the scope of AGAGOLDY are provided on an "AS IS" basis and do not contain any express, implied or legal representations or commitments. In this context, the COMPANY has no responsibility or commitment regarding the accuracy, completeness and reliability of the application, software and content.

11.4. To the fullest extent recognized by applicable law, rules or regulations, the COMPANY specifically rejects any implied warranties of ownership, merchantability, fitness for a particular purpose, non-infringement. The COMPANY makes no representations or warranties that access to any part of its services or the materials contained therein will be continuous, uninterrupted, timely, error-free or secure.

11.5. The operation of the AGAGOLDY platform may be hindered by many factors beyond the COMPANY's control. The COMPANY is not responsible for and will not be responsible for them under any name or in any way.

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

11.7. The COMPANY, its related parties and the service provider or their officers, directors, representatives, joint ventures, employees or authorized representatives, to the extent permitted by applicable law, including but not limited to loss of profits, loss of goodwill and reputation, expenditure for the supply of substitute products and services. shall not be liable for any direct, indirect, special, incidental, punitive damages arising from or related to these Terms of Use or resulting from the use of AGAGOLDY. In addition, the COMPANY further disclaims any warranties of any kind, express or implied, including but not limited to the implied warranty of merchantability, fitness for a particular purpose. The liability of the COMPANY under these Terms of Use shall in any case be limited to the amount paid by the CUSTOMER within the scope of the services subject to these Terms of Use, until the date of the related damage.

11.8. For the digital token market including AWG Tokens, COMPANY makes no representations or warranties regarding the actual or perceived value of digital tokens as stated in any currency.

11.9. While the COMPANY may provide historical and/or real-time data regarding the price of digital tokens, the COMPANY does not make any representations or warranties regarding the quality, suitability, authenticity, usefulness, accuracy or completeness of such data, and the MEMBER should not rely on such data for any reason.

12. AGAGOLDY INTELLECTUAL PROPERTY RIGHTS

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

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

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

13. EXCHANGE TRANSACTIONS

13.1. In case of conversion of AWG Token to gold by the MEMBER, the delivery of these precious metals; After deduction of all liabilities of the CUSTOMER from the physical precious metals (according to type, quantity and setting) in the customer account in the COMPANY, it will be physically retaliated according to the remaining net balance.

14. RIGHTS AND LIABILITIES OF THE PARTIES

14.1. The COMPANY reserves the right to disclose current or past MEMBER information, in case of a decision of a judicial authority or if the COMPANY determines that the MEMBER has committed illegal acts, or if there is convincing evidence to justify this.

14.2. The MEMBER accepts, declares and undertakes that the COMPANY is not a bank, credit or financial institution or investment advisor and that the service provided by the COMPANY in accordance with these Terms of Use is not a banking service or investment advice.

14.3. In the event that the MEMBER violates the terms and conditions within the scope of these Terms of Use and its declarations and commitments in this context, the COMPANY may suspend the MEMBER's account or terminate these Terms of Use immediately and without any notice, and, if any, the MEMBER's AGAGOLDY. shall have the right to terminate the right to use it. In such a case, the COMPANY reserves the right to demand any damages arising from such violation from the MEMBER.

15. APPLICABLE LAW AND AUTHORITY

15.1. These Terms of Use are subject to Turkish Law, and Istanbul (Çağlayan) Courts and Enforcement Offices will be authorized to resolve any lawsuits and disputes between the Parties that may arise from these Terms of Use.

16. DISSOLUTION

16.1. The Parties may terminate these Terms of Use at any time without any obligation to pay any compensation, with a 3 (three) day termination notice to the other Party, provided that no accrued rights and/or receivables are affected until the termination of these Terms of Use.

17. NOTIFICATION ADDRESSES

17.1. The address notified by the MEMBER to the COMPANY is considered the legal notification address for any notification to be made regarding these Terms of Use.

17.2. The MEMBER accepts, declares and undertakes that unless the MEMBER notifies the COMPANY in writing of changes in their current addresses within 3 (three) days, the notifications to the old addresses will be valid and will be deemed to have been made to him.

17.3. Due to these Terms of Use, any notification made by the COMPANY using the MEMBER's e-mail address registered in the system is valid, and it is considered that the e-mail reaches the MEMBER 1 (one) day after the e-mail is sent by the COMPANY.

18. FORCE

18.1. The MEMBER declares, accepts and undertakes that he has read, understood and accepted all of the articles in these Terms of Use and confirms the accuracy of the information he has given about himself. These Terms of Use have been concluded and entered into force mutually and indefinitely as soon as the MEMBER completes the membership procedures and becomes a member of AGAGOLDY. The Terms of Use terminate automatically, without the need for any notice, with the expiration of the membership or the realization of any of the termination situations listed in these Terms of Use.