USE AGREEMENT

1. PARTIES

This Use Agreement (“Agreement”) is established between Güriş Teknoloji A.Ş. (the “Company”) registered under the laws of Republic of Turkey whose registered address is …. and the User (“User”) of the [*] Site (“Site”) operated by the Company. This Agreement is for the purpose of allowing the User to access and use the Site, to register as a member and purchase services from the Company. Furthermore, this Agreement is to be approved and signed by the User in the electronically on the Site.

By approving this Agreement, the User accepts and declares that he/she has read the entire Agreement, understands its content and approves all provisions.

The Company and the User are collectively referred to as “Parties” and individually as “Party”.

1. SUBJECT OF THE CONTRACT

1. 1. 2.1.This Agreement sets out the terms and conditions under which the all products, services and benefits (“Services”) to be offered by the Company to the User via the Site. It also defines the terms of use and utilisation of the Services, the rights and obligations of the Parties.
   2. 2.2.When the User ticks the box “I have read, understood and approved the Use Agreement” in the payment / membership steps, the User shall authorise the Company to receive the payment and to provide the Services. By accepting this Agreement, the User acknowledges and agrees that the information he/she provided through the Site will be used to provide the Services.
   3. 2.3.This Agreement has been drawn up and approved electronically between the Parties before the User makes payment. In this context, this Agreement shall be deemed as the written agreement between the Parties and shall be deemed to be an electronic document in accordance with Article 199 of the Code of Civil Procedure No. 6100.

1. RIGHTS AND OBLIGATIONS OF THE PARTIES

1. 1. 3.1.The User agrees that in order to become a member of the Site and to benefit from the Services, it must provide the following information in a complete, up-to-date and truthful manner and the User accepts that this information will be kept in the database;

1. In case the User is a legal entity;

• Address, country, province, district, postcode, tax number, telephone.

1. In case the User is a person;

• Name, surname, email address, the company he/she works for, ID number, his/her role within the company, date of birth, telephone, user password.

1. 1. 2.2.The Company has no liability in the event that the Services cannot be provided due to the information provided by the User being incomplete, untrue or outdated. The Company may use, process, classify and store the information transmitted by the User through the Site in accordance with the provisions of the “Privacy Policy” and “Terms of Use”. In this context, the Company may record information related to the User’s connection to the Site, such as the name of the internet service provider and the internet protocol (IP) address from which the internet is accessed, the device ID, time zone setting, operating system and platform, date and time of access to the Site, browser type and version, pages accessed while on the Site and the internet address of the website directly connected to the Site, the User’s activities in the context of the Site, the type of end devices concerned. The Company shall not be held liable if third parties have access to this information without any fault of the Company.

1. 1. 2.3.The User agrees that the transactions to be made on the Site will be recorded on the database (including the amount related to payment, order information, etc.) and that these records will be used by the Company if necessary.

1. 1. 2.4.The User accepts that it is the User’s responsibility to ensure the safety of their username and password when becoming a member of the Site. The User must take the necessary precautions to protect its account, including not sharing its passwords with others. By accepting these terms, the User acknowledges that any responsibility that may arise from this shall be its own. The User acknowledges, declares and agrees that in the event that it become aware that its membership account is being used by unauthorised persons, it shall immediately notify the Company. Furthermore, the Company cannot be held responsible for the seizure of User’s membership account by someone else.

1. 1. 2.5.The Site may contain links to other websites, applications or other content owned and operated by third parties. The Company does not make any declaration and guarantee in terms of the reliability, accuracy and legality of the websites and contents linked on the Site, and the Company has no responsibility for the websites and contents accessed through the links. Any damages arising from the use of these sites and contents are the User’s own responsibility.

1. 1. 2.6.The User shall not assign and/or transfer this Agreement or its rights and obligations under the Agreement, in whole or in part, to any third party without the written consent of the Company.

1. 1. 2.7.Additional terms of use may apply to access and interaction with some content on the Site. The Company has the right to partially or completely remove or change the contents, materials on the Site, make the Services and other content partially or completely paid, and close the Site at any time and without prior notice.

1. 1. 2.8.The User accepts and declares that the copyright of the content and Services provided by the Company through the Site belongs exclusively to the Company.

1. 1. 2.9.The User accepts and declares that all kinds of content (files, videos, visual and digital assets, etc.) uploaded to the Site may be deleted without any reason. The User is obliged to retain the original copies of these contents. In the event that the User is unable to access these contents, the User cannot claim any rights, receivables or damages from the Company.

1. 1. 2.10.The Company does not make any commitment regarding the accessibility and usability of the content, files, information and all kinds of digital assets shared by the User during the Services provided on the Site.

1. 1. 2.11.The User acknowledges that the Services offered by the Company are solely for the purpose of expressing an opinion and evaluation, and that the Company is not responsible for how the User will interpret these Services and/or for the activities and results of the Services.

1. PAYMENT
   1. 4.1.The User will benefit from the Services to the extent that he/she has chosen through the Site and shall be charged according to these preferences.

1. FORCE MAJEURE

1. 1. 5.1.In the event that the obligations set out in the Agreement cannot be fulfilled due to circumstances beyond the control of the Parties, such as natural disasters, fire, explosion, civil war, war, insurrection, declaration of mobilisation, strike, epidemic diseases, infrastructure and internet failures, power outage, cyber attack, etc. (“Force Majeure“), the Parties shall not be held responsible for this situation. In the event of a Force Majeure, the rights and obligations set out in this Agreement shall be suspended until the relevant circumstances have been eliminated.

1. OTHER PROVISIONS

1. 1. 6.1.The Company does not guarantee that the files uploaded from the Site do not contain viruses or similar harmful features, that the Site will be error-free and uninterrupted, or that the results that can be expected from the use of the Services. The Company is not liable for any transactions or actions of third parties or users of the Site, any malfunctions, errors, deficiencies, interruptions, and virus, delays in transfers, or damage or loss caused by circumstances beyond the Company’s control.

1. 1. 6.2.The copyright, trademarks and intellectual property rights of all content on the Site, including photographs, brands, logos, texts, videos, audio, visual or written content, materials, databases, software, website designs, etc., belong to the Company. Any content on the Site may only be used for personal use, provided that the Company’s name and trademark are not deleted or changed, and that the copyright or patent notice is not violated. Any content from the Site shall not be sold or distributed for commercial gain, modified or included in any other work, publication or website. No part of the Site or content shall be copied, reproduced, published, transmitted, sold, or its content shall be changed without the prior express written permission of the Company. The User agrees that the Company shall pursue all available legal avenues in the event of any infringement of the Company’s intellectual and/or industrial property rights, in accordance with the relevant legislation.

1. 1. 6.3.The User acknowledges that even if the information and documents provided by the User to the Site are confidential and proprietary, these qualifications are waived against the Company and that the Company will share these information and documents with the necessary persons to provide the Services. The User accepts, declares and undertakes that these information and documents do not violate any intellectual property, licence or copyright, and that the Company has no administrative, legal or criminal liability in the event of such a violation. In the event that the Company is subject to any form of sanction, the User shall be obliged to indemnify the Company without delay.

1. 1. 6.4.The User acknowledges that the decision to conduct transactions via the Site or by utilising the information and content on the Site is entirely at User’s discretion and that User is therefore solely responsible for any and all risks, legal, judicial, administrative or other liabilities associated with these transactions.

1. 1. 6.5.The Company shall act in accordance with the legislation in force regarding the protection and processing of personal data submitted by the User to the Site or collected by the Site automatically or through cookies, stored in the database or obtained from other open sources.

1. 1. 6.6.If any of the terms of this Agreement is partially or wholly invalidated, the remainder of the Agreement shall not be affected and shall remain valid.

1. 1. 6.7.The Company reserves the right to modify or amend the Services offered on the Site and the terms of this Agreement at any time. Any such changes will be published on the Site and will become effective 10 days after they are announced. It is the User’s responsibility to follow the changes. By continuing to benefit from the Services offered, the User shall be deemed to have accepted these changes. 

1. 1. 6.8.All notifications under this Agreement shall be sent to the Parties via the Company’s known email address and the email address provided by the User to the Site. The User agrees that the email address provided during the registration process is the valid notification address. In the event of a change, the User will notify the Company in writing within five days. Otherwise, notifications sent to this email address shall be deemed valid. It is the User’s responsibility to regularly check its email inbox, including any junk, unnecessary, or other folders, for notifications.

1. 1. 6.9.This Agreement shall remain in force as long as the User is a member of the Site. The Company has the right to unilaterally terminate the Agreement immediately if the User violates this Agreement, the Privacy Policy, the Terms of Use and other texts published on the Site and approved by the User. In this case, the User agrees and declares that the User shall indemnify all damages by the Company due to these violations and termination.

1. 1. 6.10.In the event of a dispute arising under this Agreement, the laws of Turkey shall apply and the dispute shall be settled in the Ankara Courts and Execution Offices.