1.1By virtue of this Agreement, a User is a person who may access the website for any reason, and who registered to TURKISHEXPORTER.COM.TR as a member or who created a premium membership account to be able to make use of private services. A user involves one person who uses the website, and who constitutes a legal entity specified by a source that is both up-to-date and expressly authorized.
1.2By accessing or using the Website you agree to the terms stated herein as a User. This Agreement grants you the rights to access your account, to use the website, to make upgrades, and to revise, add and change. If you refuse to accept all the terms stated herein, please refrain from using the Website.
1.3This agreement is enforced in addition to any terms and conditions applicable for private Paid Services similar to each Paid Service (disclosed below), and (a) in case any dispute, incoherence or contradiction arises with respect to the satisfaction of conditions applicable to similar Paid Services and to the satisfaction of this Agreement, similar problems (except for the ones understood and provided clearly) will only be solved by methods that are in conformity with the structure of TURKISHEXPORTER.COM.TR and/or affiliates thereof, and (b) in case such disputes or contradictions cannot be resolved, then provisions for meeting terms and conditions applicable for similar private Paid Services will be implemented.
1.4TURKISHEXPORTER.COM.TR reserves the right to amend, change and update the Agreement, and may republish the updated version thereof on the Website. Amended and/or Updated Agreement enters into force as of the time it is published. The Agreement disclosed herein was last updated on 28.02.2009. Receiving the amended Agreement mailed by KOBI A.S. and your continued use of the Website implies that you agree to terms of the amended Agreement. This Agreement cannot be changed, amended, or updated beyond the permission and authority of the authorized official of TURKISHEXPORTER.COM.TR.
2.2KOBI A.S. may choose to disable Paid Services for any user in order to protect the rights of the TURKISHEXPORTER.COM.TR website.
3.1Users may utilize the Website for both personal and internal transactions. Each User accepts and undertakes that he/she cannot use, make copies of or download any information, articles, images, videos, clips, folders, files, databases or listed information (content belonging to TURKISHEXPORTER.COM.TR) for the purposes of reselling and redistributing over the Website or via mass e-mailing, or for any business relationship that would potentially put TURKISHEXPORTER.COM.TR in a difficult position. Otherwise, TURKISHEXPORTER.COM.TR will be misused. Refreshing the Website systematically for directly or indirectly collecting, compiling, creating databases or folder (via robots, spiders, automated devices, or manually) is strictly prohibited without needing the written approval of TURKISHEXPORTER.COM.TR. Moreover, using the content or materials for any purpose is strictly forbidden unless otherwise stated herein.
3.2Some content appearing on TURKISHEXPORTER.COM.TR is provided or posted by third parties ("Third Party Content"). TURKISHEXPORTER.COM.TR has no authorization on contents belonging to third parties along with anonymous users or contents provided by paid content providers. TURKISHEXPORTER.COM.TR itself nor its affiliates, managers, personnel, or employees may enter into a relation of sales agency with a similar third party by exploiting the effect of viewing Third Party Content on the Website.
3.4Messages or information conveyed by Users via the communication channels in the Website or letters, faxes, or e-mails sent to addresses provided in the Website should not include any one of the contents defined in the provisions provided in Section 5.5 below.
3.5TURKISHEXPORTER.COM.TR reserves the right to create different accesses or restrictions with regards to the Website or its features in consideration of different Users, as well as the right to change the features of the Website or to change new features without giving any prior notice. Each user accepts and undertakes in advance that he/she will not make Turkishexport.com.tr a liar before any user, and any reason rendering the Third Party unable to use the Website (breakdown, limited access, cancellation or change of Website's features, etc.), or problems stemming from any delay, failure, communication or transmission or any damage (direct, indirect, relative, etc.) resulting in problems for the use of the Website and features thereof do not make TURKISHEXPORTER.COM.TR a liar.
3.6Users cannot make any attempts to disrupt the.com.trworks or the integrity of computer systems used by TURKISHEXPORTER.COM.TR and/or make an attempt to gain unauthorized access to similar.com.trworks and computer systems.
5.1Each User who fills the online information form by providing the necessary information (name, address, telephone number, fax number, e-mail address, business details, etc.) is considered a registered user (hereinafter referred to as "Registered User") of TURKISHEXPORTER.COM.TR. TURKISHEXPORTER.COM.TR will create an account (hereinafter referred to as "Account") for every Registered User and Users will define a username (hereinafter referred to as "User ID") and a password (hereinafter referred to as "Password") to be able to access to their accounts.
5.2TURKISHEXPORTER.COM.TR may allocate and assign a web-based e-mail account (hereinafter referred to as "E-Mail Account") with unlimited storage space to a User for sending and receiving e-mails. The User will be held liable for all communications that he/she will carry out via messaging over the E-Mail Account with other users, as well as be held responsible for the consequences of a message may bear.
5.3If a Registered User is a business enterprise, then the enterprise hereby accepts, declares and undertakes that (a) it is duly authorized to legally approve and certify this Agreement, (b) the address submitted by the enterprise indicates the registered active location of the enterprise and (c) all information submitted by the enterprise at the time of the registration are complete, valid, accurate and correct. To ensure that information provided is accurate and complete, separate login information belonging to a branch office or an agency of a business enterprise will not be taken into account, and an address indicating the main location of a business owner will be considered as the headquarters of the respective company.
5.5TURKISHEXPORTER.COM.TR may cancel or suspend a Registered User's account and E-Mail Account at any time by notifying the Registered User within a period of less than 24 hours. However, this notification is not mandatory in certain cases; (a) if a Registered User explicitly violates any of the provisions provided hereunder, or (b) if the information provided by the Registered User is incorrect, inaccurate, invalid or inadequate, and (c) if KOBI A.S. believes that activities of the Registered User may potentially bring financial losses to other Registered Users, other members or to TURKISHEXPORTER.COM.TR or its affiliates or may give rise to legal issues, this gives TURKISHEXPORTER.COM.TR sufficient reason to suspend the membership of a Registered User.
5.6Under no circumstances, a Registered User may use his/her E-Mail Account for junk mails, promotion message chains or for spam mails, or for any type of material that is unlawful, mischievous, wearisome, slanderous, abusive and profane, threatening, vulgar, unpleasant or intended for propagating obscenity. In addition hereto, a Registered User is explicitly prohibited not only from using his/her E-Mail Account for insistent advertising activities, for circulating, communicating, propagating or publishing content involving promotional information or obscene, inappropriate, provocative, disgusting, hateful, slanderous, threatening elements, but also from giving rise to racism with provocative effects, discrimination, any sort of threats, and violation of the privacy.
5.7A Registered User, under no circumstances, may sell or make an attempt with this intention, may offer to sell, assign or transfer his/her Registered User Account, the User ID or Password to a third party without the written approval of TURKISHEXPORTER.COM.TR.
5.8Accounts of users who create free membership accounts may be closed temporarily or permanently by the website management 1 month after the starting date of the membership, moreover, despite the fact that it is explicitly indicated in Section 4.1, TURKISHEXPORTER.COM.TR may decline an Account and/or E-Mail Account and may refuse the publication of a Username and a Password of a User for any reason and may decline the registration thereof.
6Users Publishing Information on TURKISHEXPORTER.COM.TR
6.1A Registered User Account is required to be able to publish information over the Website by utilizing instructions and editing tools provided on the Website. This is described with the provisions provided under Section 4.
6.2There is no sales agency agreement between any user and TURKISHEXPORTER.COM.TR and its affiliates, managers, or employees in respect of exploiting the TURKISHEXPORTER.COM.TR's advantage of being able to view any User information on the Website.
6.3Every User, as disclosed herein, accepts and undertakes to (a) provide accurate, valid, and complete information to TURKISHEXPORTER.COM.TR to appear on the Website, and (b) to perform necessary actions to ensure that all the information provided remains accurate, correct, complete and valid. Every User grants permission and approval to TURKISHEXPORTER.COM.TR to publish unchangeable, permanent, widespread, unique, royalty-free, and reproducible authorization, and allow the use of all information provided by similar Users in compliance with the objects of this Agreement, and audit the publication, copyright and database use rights of materials and information within a recognized or an unrecognized medium.
6.4Therefore, every User should provide all third party copyrights, trademark registrations, commercial secrets or patent rights, or other licenses and permissions associated with personal or registered rights (right of privacy, personal rights, etc.) for any material or information published on the Website to TURKISHEXPORTER.COM.TR or should authorize TURKISHEXPORTER.COM.TR so as to allow TURKISHEXPORTER.COM.TR to put all this information to the Website. Rights including but limited to third party copyrights affecting information and materials or associated therewith, trademark registration, trade secret rights, patents, and other personal or proprietary rights, privacy rights, and individual rights affecting offered products or associated therewith hereinafter will be referred to as "Third Party Rights". Each and every single User takes the responsibility of all sorts of information, materials, showcased products to be published on the Website or provided to TURKISHEXPORTER.COM.TR or for which TURKISHEXPORTER.COM.TR will be granted authorization to publish such items, and accepts, undertakes, guarantees and declares that none of these will violate Third Party Rights in any way or that these are submitted as per the permission granted by the owner thereof. Each and every single User accepts, undertakes, guarantees and declares that he/she owns the respective rights to produce, offer, sell, export and distribute the products showcased and offered on the Website and that the production, offer, sale, export and/or distribution of such products do not violate the Third Party Rights in any way.
6.5Every User who record information to be published on TURKISHEXPORTER.COM.TR hereby accepts and undertakes that such information, under no circumstances, shall comprise the following:
* fraudulent information or any bids or offers that may potentially cause falsum and/or circumvention, sales attempts for fake or stolen goods, marketing and/or sale of products prohibited by the law or promotion of any other illegal activities;
* being a part of plans intended to cheat and/or swindle other Users of the Website or other illegal intentions; being affiliated with sales of services or products that violate any Third Party Rights along with copyrights of third parties, patent rights, trademark registrations, trade secrets, and other property rights; violating any laws, statutes, acts or regulations (including outsourcing management, consumer protection, unfair competition, discrimination, advertising restriction); involving in scandalous, derogatory, unlawfully threatening or draining activities;
* being suggestive and/or obscene, publishing pornographic or sexual content or sexual trade goods or other contents of similar nature; promoting materials with sexual content or mentally and/or physically detrimental to minors; promotions based on content with racial, sexual, religious, neo-nationalist elements and/or contents involving elements with respect to disabilities, sexual intentions or age;
* being related to unauthorized advertisements or detrimental materials (including spam makers), interfering in or violating private life of any individual or involving in any criminal acts and activities, obstructing civil responsibilities or violating any laws or regulations;
* insistently demanding business connections from any User in connection with any business operation competing with TURKISHEXPORTER.COM.TR;
* data containing computer viruses or other detrimental devices and data containing codes with detrimental effects, any content having the potential of bringing harm to any software, hardware, data or personal information;
* providing links containing direct or indirect promotion of services or products that are explicitly prohibited by this Agreement;
* or any other content that may potentially pose an obstacle for TURKISHEXPORTER.COM.TR or its affiliates.
6.6KOBI A.S. has the authority to remove any materials that appear on the Website and that feature any content believed to be illegal as per common sense, that pose obstacles for TURKISHEXPORTER.COM.TR, that are contrary to the provisions of this Agreement or contrary to opinions of TURKISHEXPORTER.COM.TR. TURKISHEXPORTER.COM.TR reserves the right to fully cooperate with third parties, private inspectors, and/or state's forces in the event that it becomes suspicious of any crime or any perturbating event. However, if a state institution or (law enforcement bodies) police units, any third party that sustained any damage or any other legal authority demand any legal actions, TURKISHEXPORTER.COM.TR may disclose the credentials of the User and cannot be held responsible for the consequences thereof, additionally, the User accepts, declares and undertakes that he/she will not accuse TURKISHEXPORTER.COM.TR in response to this disclosure, nor will he/she take any action thereagainst. In connection with the aforementioned particulars, TURKISHEXPORTER.COM.TR will prudently suspend the Account of a User or may cancel it. Each and every single User, in the event that he/she performs and/or gets involved in any acts and activities mentioned in this section, hereby accepts, declares and undertakes that he/she will not hold TURKISHEXPORTER.COM.TR responsible due to any potential consequences or any other damages and that TURKISHEXPORTER.COM.TR may take such an action.
7Negotiations Between Buyers and Suppliers
7.1TURKISHEXPORTER.COM.TR provides a web-based electronic platform over the Website to enable information exchange between buyers and products and services of vendors. TURKISHEXPORTER.COM.TR represents neither the vendor nor the buyer in private negotiations and does not demand any commission for such negotiations. TURKISHEXPORTER.COM.TR deserves a commission, of which amount will be determined by the User, only in the event that a User suffers from technical incompetence and TURKISHEXPORTER.COM.TR steps in to provide assistance and if a product or a service sale is made at the end of the negotiations to be conducted with buyers. Consequently, TURKISHEXPORTER.COM.TR is not responsible for the existence of products and services exposed on the Website for sale, the presence of providers for closing a sale, or the presence of the buyer, legitimacy, security, or quality and cannot control them.
7.2The users have been warned with respect to the potential risks of any transactions conducted with persons who adopt and perform faulty practices. TURKISHEXPORTER.COM.TR utilizes various methods to be able to verify the information provided by Users at the time of registration. However, since verifying user information is difficult on the Inte.com.tr, TURKISHEXPORTER.COM.TR does not and cannot attest or verify the credentials provided by the User (without any limitations, Type W Membership, Type B Membership, Type C Membership, Type G Membership).
7.3By using the Website, each and every single User accepts and takes all potential risks that may arise in transactions conducted over the Website, and undertakes all potential risks for any damages or liabilities that may arise from connections associated with activities emerging subsequent to the transaction of various products or services. As such risks may involve a misunderstanding of products or services, it may also include but not be limited to fraudulent designs, unsatisfactory quality, unmet product features, detrimental or dangerous products, illegal products, delays in delivery or payment, faulty cost analysis, failure to fulfill the warranty, failure to comply with the contract and transportation accidents. These risks also include production, transportation, distribution, offer, showcasing, purchasing, selling and/or risks that may potentially give rise to events causing products and services offered on the Website to sustain damage, or may bring along the event in which Third Party Rights are violated, and consequently, this risk may cause the User to go under additional costs for protection or other costs in connection with allegations of third parties with regards to Third Party Rights. Similar risks may also involve damages and problems stemming from the use of products sold as a consequence of transactions concluded over the Website for products provided by Users, as well as accusations of consumers, buyers, end-users, and others. The aforementioned risks hereinafter will be referred to as "Transaction Risks". Each and every single User accepts, declares, and undertakes that he/she will not hold KOBI A.S. responsible for any expenses, business losses, ailments, damages, costs, impediments, or harms related to such Transaction Risks or considered as a consequence thereof.
7.4All Users are individually responsible for all terms and provisions pertaining to all sorts of transactions managed as a consequence of using the Website, as well as for payment conditions, returns, warranty conditions, handling, insurance, fees, taxes, titles, licenses, fines, certificates, transportation, storing, etc.
7.5In the event that a User falls into a dispute with a person or a company due to any transaction, all Users hereby accept, declare and undertake that they will exempt KOBI A.S. (and its agencies, partners, managers, employees, and workers) from all accusations, claims, proceedings, expenses, costs and damages (limitlessly including current, private, incidental or consequential damages of any nature) and to compensate and indemnify all losses thereof.
8.1SERVICES AND ACTIVITIES ON TURKISHEXPORTER.COM.TR ARE PROVIDED ON THE BASIS OF "AS IT IS" OR "AS IT MAY BE", AND DISREGARDS ANY SECTION AND ALL GUARANTEES DOGMATICALLY STATED HEREIN, MOREOVER, IT ALSO INCLUDES GUARANTEES RELATED TO QUALITY, DURABILITY, PERFORMANCE, PRECISION, RELIABILITY, COMMERCIAL STATE OR PARTICULAR EXPEDIENCY.
8.2TURKISHEXPORTER.COM.TR DOES NOT GIVE ANY GUARANTEE FOR THE VALIDITY, ACCURACY, AUTHENTICITY, RELIABILITY, QUALITY, STABILITY, COMPLETENESS AND RECENCY OF ANY INFORMATION APPEARS ON THE WEBSITE OR ACCESSED VIA THE WEBSITE. TURKISHEXPORTER.COM.TR DOES NOT GIVE ANY GUARANTEE WHETHER THE PRODUCTION OF SERVICES AND PRODUCTS OFFERED IN THE WEBSITE, TRANSPORTATION, DISTRIBUTION, BIDDING, DISPLAYING, PURCHASING, SALE OR USE THEREOF RESULT IN ANY VIOLATION OF THIRD PARTY RIGHTS OR NOT, NOR DOES IT GIVE ANY GUARANTEE TOWARDS ANY PRODUCT OR SERVICE DISPLAYED AND OFFERED ON THE WEBSITE.
8.3Any materials provided by the Website or downloaded from the Website falls under the initiative and risk of each User, and each and every single User is directly responsible for any potential damages and/or harms that may come to a computer system or may give rise to any data loss stemming from any material downloaded from the Website. TURKISHEXPORTER.COM.TR does not offer any advice or information guarantee, be it in written or verbal form, provided by the User over the Website and it is not clearly and explicitly indicated hereunder.
8.4TURKISHEXPORTER.COM.TR cannot be held responsible for any service's or content's direct or indirect breakdown, loss or delay stemming from, including but not limited to, natural disasters, any causes or coercions beyond reasonable and acceptable control along with connectivity issues, problems stemming from computers, issues of communication lines or other devices, power line issues, strikes, job and/or business losses, riots, uprisings, civil disturbances, shortage of materials or jobs and/or works, fires, floods, storms, explosions, natural disasters, war, state's activities, national and/or international and/or domestic and foreign court rulings or unsatisfactory and/or inadequate performances of third parties.
8.5Each and every single User hereby accepts, declares and undertakes that he/she will exempt and protect TURKISHEXPORTER.COM.TR, its affiliates, managers, employees from losses of any nature, accusations, debts, and liabilities (including legal disbursements based on full compensation), that may potentially emanate from the use of the Website (including the display of User Information on the Website) and the violation of any one of terms, conditions, and provisions of this Agreement, and indemnify and compensate them accordingly and suitably. Each and every single User agrees and undertakes that he/she will protect TURKISHEXPORTER.COM.TR, its partners, managers, and employees from any losses, accusations, debts, and liabilities (including legal disbursements based on full compensation) including the ones stated in Sections 5.3, 5.4 and 5.5 that may potentially arise from the violation of guarantees given by Users, and that he/she will indemnify and compensate the same. Each and every single User agrees and undertakes to protect and indemnify TURKISHEXPORTER.COM.TR, its affiliates, partners, managers, and employees from and for losses, accusations, debts, and liabilities of any nature (including legal disbursements based on full compensation) that may directly or indirectly emanate as a consequence of any allegations of Third Parties or litigators of Third Party Rights with respect to products and services displayed and offered on the Website. Each and every single User further accepts, declares, and undertakes that he/she is fully and directly responsible for any damage risks that may potentially emanate from any scandalous, sickening, or illegal materials that may be sent by other Users over the Website. TURKISHEXPORTER.COM.TR, being at its disposal, has the right to plea individually for the management of any problem that may be subject to any compensation, and Users may cooperate with TURKISHEXPORTER.COM.TR in case any such plea comes into question.
8.6TURKISHEXPORTER.COM.TR cannot be held responsible for any losses that may arise from any private, direct, indirect, penal, incidental or indirect losses or various losses (e.g. profit loss, job/business/labor loss, data loss, etc.), negligence, wrongful acts, strict liability or any one of the following;
* Inadequacy in the use of the Website;
* malfunctions of any nature that may occur in services, information, data, sample or items provided by a third-party service provider or a User or purchased therefrom;
* violation of Third Party Rights or the possibility of allegation or violation of Third Party Rights arising from production, transportation, distribution, bidding, purchasing, selling and/or use of products and services belonging to a User and displayed or offered on the Website, or claim of compensation in connection with accusations, demands of litigators of Third Party Rights, or any other accusations set forth by any person authorized for advocacy;
* including unauthorized access of third parties to personal information or data of any User or cursory or neglection of problems related to Private Services.
9Intellectual Property Rights
9.1TURKISHEXPORTER.COM.TR is the sole owner of all rights, legal licenses, and the contents of TURKISHEXPORTER.COM.TR Trade secrets and intellectual property rights of the Website and TURKISHEXPORTER.COM.TR are protected by international copyrights and other laws. All titles, ownership, and intellectual property rights in the Website and TURKISHEXPORTER.COM.TR remain with TURKISHEXPORTER.COM.TR, its partners, or the licensor of the content of TURKISHEXPORTER.COM.TR. All rights protected hereunder or by TURKISHEXPORTER.COM.TR are embraced and appropriated.
9.2“KOBI A.S.", "TURKISHEXPORTER", "TURKISHEXPORTER.COM.TR" and icons, logos associated and affiliated thereto are registered trademarks and service marks under the authority of KOBI A.S. and are protected by governing and respective laws for copyrights, trademark rights, and registration rights.
10.1All notifications and requests conveyed and made to TURKISHEXPORTER.COM.TR will be valid only if they are communicated to KOBI A.S. in written form and sent to the following address; KOBI A.S., Musalla Bağları Neighborhood Kule Street Kule Plaza No:2 Kat:18/28 Konya / TURKEY For the Attention of Legal Department
10.2All notifications and requests addressed to Users will be effective on condition that they are delivered personally through cargo, registered mail, fax or via an active and valid e-mail provided to TURKISHEXPORTER.COM.TR, or such a notification or request will be effective if it is posted to an area in the Website accessible by everyone. When a user is served a notification, the User will be considered informed when the User can show the conveyed communication to TURKISHEXPORTER.COM.TR (via physical or electronic means), or when the notification is posted to a free area on the Website accessibly by everyone.
11.1This Agreement and Confidentiality Agreement constitutes a complete Agreement for access to the Website and its use between the User and TURKISHEXPORTER.COM.TR on any additional contractual provisions with respect to Paid Services, wherein it also serves as a primary agreement in verbal or written form with respect to said same subject article.
11.2TURKISHEXPORTER.COM.TR and the User are independent persons and no relation with respect to any agency, partnership, cooperation, employer-employee or franchising has been established hereunder.
11.3If any provision provided hereunder is deemed invalid or inapplicable, such provision(s) will be removed from the Agreement and the remaining provisions will remain in full force and effect.
11.4The titles provided hereunder are used only for referential purposes and under no circumstances, they define, interpret, or limit the content or subject of any respective sections.
11.5In the event that TURKISHEXPORTER.COM.TR fails to act to demand its rights in any way with regards to a User's non-compliance of contractual provisions under these Terms and Conditions, this does not serve and/or construed as a waiver of rights, and will not prevent TURKISHEXPORTER.COM.TR from protecting its rights in case the Agreement is violated in a similar manner.
11.6TURKISHEXPORTER.COM.TR reserves the right to transfer and assign liabilities and duties in this Agreement or in any other Agreement related to Paid Services for any person or establishment.
11.7Parties hereby agree and accept that in case of any dispute arising from this Agreement, the competent authority for resolving the dispute will be Turkish Courts.
12RIGHT OF WITHDRAWAL AND NON-ASSIGNMENT
12.1This contractual service is a service that is immediately provided to the client in the electronic environment, wherein its return is not possible due to its nature. Furthermore, the client has no right to withdrawal in accordance with Article 15 of the Regulations of Distance Contract. Parties accept and undertake that they will not transfer and assign the right, assets, and responsibilities to third parties. Moreover, the client accepts not to allow other real persons or legal entities for using this contractual right.