1. PARTIES
This User Agreement (the “Agreement”) has been entered into between Mudi Finansal Teknoloji Hizmetleri Anonim Şirketi (the “Company”), registered with the İstanbul Trade Registry Office under registry number 351559-5 and with its registered address at Levazım Mah. Koru Sk. Zorlu Center Blok No: 2 İç Kapı No: 21 Beşiktaş / İstanbul, and the users (the “User”) who, by accessing the mobile application officially and lawfully made available by the Company (the “Mobile Application” or “Mundi”), accept the terms below and become members.
The Company and the User will each be referred to in this Agreement as a “Party” and together as the “Parties”.
2. DEFINITIONS
Electronic Money Institution / Payment Institution: The company that, within the scope of the agreement it has signed with the Company and the provisions of Law No. 6493, provides Users with the electronic money and/or payment services for which it holds an operating license,
User/Member: The natural person who accepts this Agreement and benefits from the services offered by the Company,
User Account: The account opened for the User by the Company on the Mobile Application under this User Agreement,
KVKK: Law No. 6698 on the Protection of Personal Data,
Mobile Application: The mobile application lawfully made available by the Company,
Password: The password consisting of letters, numbers and characters that the User sets personally when becoming a member of the Mobile Application, that only the User will know and use, and that will be used at member login to use the Mobile Application from that stage onward,
Company: Mudi Finansal Teknoloji Hizmetleri Anonim Şirketi,
Third-Party Service Providers: The third-party service provider companies, such as intermediary institutions, investment institutions, electronic money institutions and payment institutions, with which the Company cooperates and from which it receives services in connection with the transactions Users may carry out on the Mobile Application and/or the services offered to Users,
Investment Institution: The company that, under the service procurement agreement and software license agreement it has signed with the Company, rents a section of the Mobile Application and provides the Users who reach it from there with the investment services for which it holds an operating license,
Investment Account: The Users’ accounts with the Investment Institution that are required to benefit from the investment services provided by the Investment Institution and that, where they already exist, are matched with the User account; where they do not, the account that Users may open with the Investment Institution after completing the necessary legal process.
3. SUBJECT AND PURPOSE OF THE AGREEMENT
3.1 This Agreement governs the mutual rights and obligations existing between the Company and the User as a result of the User’s use of the services offered by the Company.
3.2 This Agreement is concluded when the User becomes a member of the Mobile Application electronically. When becoming a Member of the Mobile Application, the User accepts, declares and undertakes that they have read all provisions of this Agreement and each article separately and that they approve all provisions.
4. SERVICES PROVIDED BY THE COMPANY
4.1 Within the framework of this Agreement, the Company will offer Users, on its Mobile Application, services that are not subject to a license, and will make the updates needed from time to time on the Mobile Application.
4.2 Within the framework of this Agreement, the Company is not a buyer-seller, market maker, capital markets institution, investment institution or intermediary institution, nor does it carry out the services and activities listed in Articles 37 and 38 of Capital Markets Law No. 6362.
4.3 Services that are not subject to any license, such as market data and financial news, are offered to Users by the Company on Mundi. For the avoidance of doubt, while providing services under this Agreement, the Company will not carry out business or transactions contrary to Capital Markets Law No. 6362 (the “SPK”) and the related legislation and, in particular, will not engage in the following activities:
- Engaging in the activity of intermediation in the transmission of orders, as defined in the SPK and the related legislation,
- Providing investment services and activities and ancillary services, and carrying out activities aimed at marketing them,
- Transmitting User orders to the Investment Institution, providing information on the results of orders,