TERMS OF USE AGREEMENT

1. Please read the below conditions for using this website (hereinafter referred to as “SITE”). If you do not accept these conditions, then do not use the “SITE”. “SITE” owner reserves the right to change the information, forms, content, “SITE” and the terms of use of the “SITE” at any time.

2. The “SITE” owner is TMOB BİLİŞİM YAZILIM VE TEKNOLOJİ SİSTEMLERİ A.Ş (Hereinafter referred to as TMOB) domiciled in Yeşilce Mahallesi, Yunus Emre Caddesi, Nil Ticaret Merkezi, No:8, 4. Levent/Istanbul. The services provided on the “SITE” and specified in this present contract are offered by “TMOB”.

3. Those who benefit from the services offered on the “SITE” or any natural or legal person who access to the “SITE” are deemed to have agreed to the following terms and conditions. TMOB reserves the right to change the conditions specified in this contract at any time without any notice to the “USER”. These changes will be published periodically on the “SITE” and will enter into force at the date of issue. Any changes made to the provisions of this agreement by TMOB are accepted in advance by any natural or legal persons who benefit from and access to the “SITE”.

4. This present “Terms of Use Agreement” is also an additional and integral part of any kind “Membership Agreement” concluded or to be concluded with the users who shall benefit from the services offered by TMOB.

5. DEFINITIONS

5.1. SITE: means the internet site by which various services and contents are provided within scope determined by TMOB, accessed via online environment, main domain name www.t-appz.com and subdomains attached to this domain.

5.2. USER: means all real and legal persons who access to the “SITE” and/or the “TMOB DATABASE” via online media.

5.3. LINK: means the link that makes it possible to access to the “SITE”, through “SITE”, or to another website, files, content, or to the “SITE” from another web site.

5.4. CONTENT: means any information, text, file, drawing, image, video, audio, etc. figure, written and visual imagery published or accessed on the “SITE”.

5.5.TMOB DATABASE: means the database in which the content accessed on “SITE” is stored, classified, can be queried and accessed, that belongs to “TMOB” and protected in accordance with the Law No. 5846 on Intellectual and Artistic Works.

5.6. “MEMBER”: means the any natural and/or legal person “USER” who benefits from special services offered by “TMOB”, by completing “MEMBERSHIP” process on the SITE defined by “TMOB” as a result of electronic confirmation of TMOB, and accepts the agreements particular for those services with his/her electronic approval within “MEMBERSHIP” subscription process.

5.7. “USER AGREEMENT”: means the electronic agreement that specifies the conditions for benefiting from special services offered by “TMOB” on the “SITE”; concluded between “TMOB” and “MEMBER” during the membership registration process as a result of the approval given by the “MEMBER” via electronic means, which is an integral part of this website’s terms of use.

6. TMOB SERVICES

6.1. enables the “USERS” to query the content loaded into “TMOB DATABASE” by using the interfaces on the “SITE” through the “TMOB DATABASE”, and display them through interfaces of “TMOB” on the “SITE”.

6.2. Particular attention is given to the accuracy and up-to-dateness of all content related to TMOB, in particular the information about the products and services offered by “TMOB” viewed by “USERS” on the “SITE” by accessing to the “TMOB DATABASE”. The matters referred to in these contents do not constitute a guarantee or undertakings of “TMOB”, are only a promotion to those who accessed to the “SITE” and wished to get information about “TMOB” and the products and services of “TMOB”. TMOB’s commitments and guarantees for the products and services of “TMOB”, are established pursuant to the provisions of the sales contract concluded between those who purchase the products and services of “TMOB” or resellers and “TMOB” and/or its authorized resellers, without prejudice to the provisions of mandatory legislation.

6.3. The services provided by “TMOB” are not limited to that specified above. The above mentioned services are the basic services offered “TMOB”, adding new services, changing completely the scope and conditions of the above mentioned services is at the sole discretion of “TMOB”. “TMOB” may exercise this power in a way it wishes unilaterally without any notification.

7. TERMS AND LIABILITIES RELATED TO THE USE OF TMOB’S SITE

7.1. “USERS” can perform transaction on the “SITE” only by lawful purposes. Civil and criminal liability of the “USERS” and “MEMBERS” for any actions they perform on the “SITE” are within their own responsibility.

7.2. “SITE” functions with the principle that USERS view the CONTENT loaded onto TMOB DATABASE by TMOB. “TMOB” has no civil or criminal liability for the CONTENT the USERS viewed, that aren’t loaded or generated voluntarily by TMOB; displaying or accessing such content on the SITE does not mean that TMOB adopts those contents or verifies the information of those contents.

7.3. “USER” accepts and undertakes not to copy, reproduce, distribute, process any image, drawing, text, visual and auditory image, video clip, file, database, catalog and list, including but not limited to, any content displayed on the SITE, and used by “TMOB”, unless otherwise stated by “TMOB”, or compete directly and/or indirectly with TMOB with these actions or through other means.

7.4. “USERS” and “MEMBERS” accept and undertake not to engage in activities which may lead to unfair competition on the “SITE” in accordance with the provisions of Turkish Commercial Code, or not to perform acts that will constitute an infringement to the personal and commercial reputation, personal rights of “TMOB” and third parties.

7.5. “TMOB” always reserves the right to modify the services offered on the SITE and the content accessed through the “SITE”. “TMOB” can exercise this right without any prior notification.

7.6. “USERS” are liable to use the information they accessed on the SITE only for the purposes “TMOB” disclosed.

7.7. “TMOB” can give links on the “SITE”, to other web sites and/or CONTENTS and/or files beyond its control and owned and operated by other third parties. These links are provided solely for ease of reference, and don’t constitute any representation or warranty for supporting related websites or the persons. TMOB has no responsibility for the web sites, files and contents accessed through the links on the “SITE”, as well as services or products or their content provided on the web site accessed through those links.

7.8. “TMOB” does not have any responsibility for product drawing samples on this “SITE” therefore the Member can not hold “TMOB” responsible directly and/or indirectly in any way.

7.9. “TMOB” may use, disclose, process, share, store on a database the information

transmitted by the USERS or MEMBERS on the “SITE” in accordance with the provisions of the “Privacy Policy” and “MEMBERSHIP AGREEMENTS”, TMOB also may use the information such as the identity of that user or visitor, address, e-mail address, phone number, IP address, visited part of the “SITE”, domain type, browser type, date and time information for statistical evaluation and particular services.

7.10. It is prohibited to get information intensively from “TMOB DATABASE” in order to obtain the content accessed and/or viewed through the “SITE”. For the persons who fail to comply with this prohibition, and download intensively information from “TMOB DATABASE”, criminal proceedings shall be initiated by TMOB assuming that they made unauthorized access to the information system specified in article 24381) of Turkish Criminal Code.

7.11. The access of the third parties to the database where the contents are stored, that are accessed and/or viewed through the “SITE”, is legally appropriate only for displaying the relevant content or the terms of use allowed by “TMOB” in writing. Access made outside this, are deemed unlawful; “TMOB reserves the right to file any claim or prosecution.

7.12. Copying, reproduction, transmission, processing and displayed on other websites media of the content accessed through the “SITE” is prohibited without the express written consent of “TMOB” .

7.13. It is forbidden to access and/or display any CONTENT through the “SITE” without the express written consent of “TMOB” by the third parties, including web sites or any communication medium except TMOB web site.

7.14. “TMOB DATABASE” and the information on that database may not be may not be reproduced, transferred to other databases, and opened to access and use by third parties without the prior written consent of TMOB.

8. INTELLECTUAL PROPERTY RIGHTS

The information accessed through this “SITE” or provided by “TMOB” and the elements of the “SITE” (including but not limited to “TMOB DATABASE”, “TMOB INTERFACE ” design, text, image, html code and other codes) (all shall be referred to as TMOB’s works subject to copyright) owned by “TMOB” and/or “are obtained by TMOB” under a license from a third party. “USERS” don’t have the right to resell, manipulate, share, distribute, exhibit the “TMOB’s” services, “TMOB” information and TMOB’s copyrighted works, or allow the access or use to the third parties. In compliance to these “Terms of Use of the Site”, they can not reproduce, manipulate, distribute or modify “TMOB’s” copyrighted works without explicit permission of “TMOB”.

In the event that “TMOB” doesn’t give any explicit authorization in compliance to these “Terms of Use of the Site”, “TMOB” reserves all rights on “TMOB” services, “TMOB” information, “TMOB” copyrighted works, “TMOB” trademarks, “TMOB” commercial image, or any assets and information it provided through this site and the information of the group companies.

9. AMENDMENTS TO THE TERMS OF USE OF THE SITE

“TMOB” can change the “Terms of Use of the Site” entirely at its own discretion at any time by making an announcement on the “SITE”. The amended provisions of “Terms of Use of the Site” will become effective on the date of their announcement. The “Terms of Use of the Site” can not be changed by unilateral declarations of the user.

10. FORCE MAJEURE

In all cases judicially considered force majeure, “TMOB” is not liable for due to the delay or non-performance of “Terms of Use of the Site”, privacy policy and “MEMBERSHIP AGREEMENT”. Similar cases like this shall not be deemed delay, non-performance or default for “TMOB”, and TMOB will not be liable to pay any indemnification. “Force majeure” means the events outside the reasonable control of the party concerned and “TMOB” could not avoid in the due diligence, including but not limited to, natural disasters, riots, war, strikes, communication problems, infrastructure and internet failures, power failures and bad weather conditions are included in the force majeure event.

11. APPLICABLE LAW AND JURISDICTION

In the event that there is an element of foreigness for the implementation and in the interpretation of the “Terms of Use of the Site”, and for the management of legal relations derived from “Terms of Use of the Site”, Turkish laws will be applied except the Turkish legal conflict rules. For the settlement of any dispute arising out of this agreement, the Courts (Central) and the Executive Office in Istanbul are authorized.

12. EFFECT AND ACCEPTANCE

These “Terms of Use of the Site” will enter into force once published on the SITE by “TMOB”. “USERS” and “MEMBERS” are deemed to accept the provisions of this Agreement by using the “SITE”. “TMOB” may amend this Agreement at any time and amendments enter into force on the date on which they are published on the SITE by specifying the date and version number of the amendment.

 

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