Service and Usage Agreement
This contract has been updated on 01.06.2020.
Tematürk-Alix Trade Yazılım San ve Ticaret Ltd.Şti. It is briefly referred to as “TemaTürk” and “Tematurk.com” and “Our Company”.
Customer and User definitions represent individuals or organizations that purchase products / services on TemaTürk and Tematurk.com website.
All customers who reach their users through www.tematurk.com website ("Website") or mobile applications, who create accounts, shop and benefit, are deemed to have read, understood and accepted the terms and conditions below. It is not possible to create user accounts and purchase products / services without accepting all the terms and conditions stated below. All users who create accounts and purchase products / services can proceed by accepting this agreement.
This contract; is offered for the approval of the customer during membership and product / service purchase, and is not allowed to proceed without accepting. In addition, it is constantly on air at the bottom of the site. It is the customer's responsibility to review and read.
This contract imposes to the parties the rights and obligations related to the site, and when the parties accept this contract, they accept and declare that they will fulfill the rights and obligations mentioned in a complete, correct, timely manner, within the conditions requested in this contract.
RESPONSIBILITIES
1.1 The web software sold on our site and all pages linked to it are the property of Tematurk.com and are operated by it. Tematurk.com reserves the right to change the prices, products and services offered, and contracts at all times.
1.2 Tematurk.com accepts and undertakes that the member will benefit from the products subject to the contract, other than technical failures.
1.3 The Client agrees and undertakes that he will not reverse engineer or use any other activities to find or obtain the source code of the Tematurk products. Otherwise, if this activity is detected, it accepts and declares that all products purchased and customer account will be canceled without question and no refund will be made.
1.4 It is forbidden to place a fake order on the site for trial purposes. If detected, their accounts will be canceled and no more accounts can be created with the existing account information.
1.5 In addition to the web software to be purchased, the customer accepts and declares that Tematurk.com will pay the fee determined for the module, requests and arrangements. The customer cannot claim any additional modules, requests and arrangements to be made later in the software. The customer only receives the license to use the software, and only purchases the right to use it in the additional modules and requests he / she has made later. Thus, the customer does not have the right to request that additional modules, regulations and similar requests made should not be added to another customer or site or used in general sales. (If there is no additional contract or agreement.)
INTELLECTUAL PROPERTY RIGHTS
2.1 The title, business name, brand, patent, logo, design, and products in this Site are registered or unregistered, and all intellectual property rights belong to the site operator and owner company, or the relevant person concerned, and are protected by national and international law. Visiting this Site or using the services on this Site does not grant any rights regarding the intellectual property rights in question.
2.2 All products on the Site may not be reproduced, published, copied or transferred in any way. The whole or part of the site cannot be used on another website without permission.
2.3 Visual design and source codes of all products detailed in the site are registered by the Ministry of Culture and Tourism General Directorate of Copyright and all rights are reserved. It is sold only through our website, our dealers' websites and our authorized business partners.
INFORMATION PRIVACY
3.1 Tematurk.com will not disclose the personal information conveyed by users through the site to 3rd parties. This personal information; it contains all kinds of other information to identify the User such as his / her name, surname, address, phone number, mobile phone, e-mail address and will be referred to as 'Confidential Information' for short.
3.2 Confidential Information may only be disclosed if such information is requested duly by the public authorities and in cases where it is mandatory to make disclosures to the official authorities in accordance with the mandatory legislative provisions in force.
REGISTRATION AND SECURITY
4.1 The customer must provide accurate, complete and updated registration information. Otherwise, this contract will be deemed violated and the customer account will be terminated without informing the user.
4.2 The customer is responsible for password and account security on the site and third-party sites. Otherwise, Tematurk.com cannot be held responsible for data loss and security breaches or damage to hardware and devices.
CONTENT HOSTING (WEB HOSTING / SERVER SERVICES)
5.1 Content hosting, aka web hosting / web server service; basically, it consists of the CUSTOMER's websites and / or database being hosted on Tematurk servers and published on the internet network.
5.2 CUSTOMER is deemed to have accepted to comply with the terms and conditions stated here by using this Service. İş will provide maximum continuity and functionality during the service period of Sitemio, using any reasonable resources, depending on the terms and conditions of this Agreement.
5.3 CUSTOMER acknowledges that, without limitation, services may not be accessible or operated in some of the following situations:
Force majeure (natural disasters such as earthquake, fire, flood and other human disasters),
Hardware failures
- Periodic Maintenance procedures or repairs performed by the data center from time to time,
- Causes that are not limited to interruptions or malfunctions, malicious network attacks, network density or other malfunctions that may occur in telecommunications or digital transmission lines, or are not foreseen by Tematurk.
5.4 CUSTOMER acknowledges that Tematurk does not have one hundred percent control over its continuity or interruption in web hosting / server service, and these are not guaranteed.
5.5 Tematurk will make every effort to ensure the continuity of the Services provided to the CUSTOMER.
5.6 CUSTOMER, by purchasing the services subject to this Agreement or creating a customer account; T.C. in electronic mail communication, webcasts and all kinds of transactions related to this subscription. He accepts and undertakes that he / she is fully responsible for the content of his or her customers' web pages, ftp and other Internet services, not to act against their laws, statutory decrees, statutes and regulations and general morality and ethics.
5.7 CUSTOMER accepts and undertakes that he / she will not publish and operate on the following prohibited materials. Otherwise, the service he received will be canceled without question and no refund will be made. agree that it will not be done.
Prohibited materials;
Topsite on
IRC scripts, bots
Proxy scripts / anonymizers
Pirated software / warez
Image Hosting Scripts (like Photobucket or Tinypic)
AutoSurf / PTC / PTS / PPC sites
IP Scanners
Bruteforce Programs / Scripts / Applications
Mail Bombers / Spam Scripts
Banner-Name services (commercial banner name cycle)
Dump file / Mirror scripts (like rapidshare)
Commercial Audio Broadcast (more than one or two broadcasts)
Escrow account / Bank Bonds
Investment sites (FOREX, E-Gold Exchange, Second Life / Linden Exchange, Ponzi, MLM / Felicity Chain)
Unlimited services provided cannot be distributed to third parties for free or for a fee.
Substance sale without permission of the required authorization (s)
Programs of banks that determine the market
Raffle / gambling sites
mud and / RPGs / PBBG on
Sites / archives / programs focused on hacking
Sites promoting illegal activities
Forums or websites that distribute or link to warez / pirated / illegal content
Fraud Sites (Including those listed on aa419.org and escrow-fraud.com)
Mailer Pro
All kinds of broadcasts of Live Sports Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF etc.)
Publishing unpaid content
IRCD (irc servers)
IRC scripts / bots
Pirate Software / Warez
IP Scanners
Bruteforce Programs / Scripts / Applications
Mail Bombers / spam scripts
Escrow account
Investment sites (FOREX, E-Gold Exchange, Second Life / Linden Exchange, Ponzi, MLM / Felicity Chain)
Substance sale subject to sale without the existence of the required permission (s)
Raffle / gambling sites
Sites / archives / programs focused on hacking
Sites promoting illegal activities
Forums or websites that distribute or link to warez / pirated / illegal content
Fraud Sites (Including those listed on aa419.org and escrow-fraud.com)
Mailer Pro
All kinds of broadcasts of Live Sports Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF etc.)
Publishing unpaid content
5.8 It is strictly forbidden to carry out any activities that violate the laws in force and constitute a crime, although they are not specified in the above articles. Otherwise, the CUSTOMER will be able to cancel the service he received without any question and refund in no way. agree that it will not be done.
5.9 If Tematurk services are used and / or mediated to perform behaviors that are against publicly accepted general morals and traditions, your service may be restricted or terminated because you are conducting acts and publications that are contrary to public morals and traditions. The customer is aware of this.
5.10 It is the CUSTOMER's responsibility to ensure that scripts / programs installed in the Client Account are secure and that their permissions to access directories are properly set.
5.11 Tematurk services, including all related equipment, networks and network devices, are for authorized Customer use only. Tematurk systems can be monitored for all lawful reasons, including ensuring that use is permissible, management of the system, facilitating protection against unauthorized access, and verifying security procedures, sustainability, and transaction security. During monitoring, information can be examined, recorded, copied and used for permitted purposes. The use of the Tematurk system (s) constitutes consent to monitoring for these purposes.
5.12 Any account connected to its network or system without the consent of a third party can be suspended. In order to access networks and systems that are not under the direct control of the customer, it is mandatory to obtain a written consent from that third party. Tematurk may request documents to prove that the access to the third party's network or system is within the permission and may require the submission of such documents.
5.13 Tematurk does its best to regularly protect and back up all CUSTOMER data, however, it does not accept responsibility for any errors in the data it contains. Data backup is the responsibility of the CUSTOMER. CUSTOMER always assumes the risk of damage and loss of files belonging to the Website and all Web Site content. CUSTOMER is fully responsible for maintaining the confidentiality of the customer password and account information.
5.14 CUSTOMER acknowledges that he / she is responsible for all actions, negligence and expenses incurred for any website content made under the account or linked to or viewed, linked, stored or published on the server using his Account or password.
5.15 CUSTOMER IS OBLIGATED TO TAKE THE FOLLOWING MEASURES BELOW;
Providing, requesting, storing and protecting independent archive and backup copies of websites and databases. Web hosting systems may lose functionality, damage or record data in some unwanted or unpredictable situations. Although Tematurk has taken strong and deep-rooted measures in backup, the Customer is obliged to take backups of all website files and databases, to protect and protect them. Otherwise, Tematurk is not responsible for any loss or loss. Customer accepts, undertakes and declares this.
Ensuring the security, privacy and integrity of websites and ensuring the confidentiality of account information.
To prevent any loss or damage of websites.
5.16 CUSTOMER undertakes to pay usage fees and related taxes associated with web hosting services. Fees are collected in advance with the first order and are demanded again at the end of the period, unless stated otherwise.
BULK / SINGLE SMS SERVICES
6.1 Bulk / Single SMS services; It covers the SMS sending services offered to the CUSTOMER via Tematurk.com or via the API access links it provides.
6.2 CUSTOMER is solely and exclusively responsible to the recipients regarding the Bulk / Single SMS messages they send, that it will keep Tematurk free from any requests, claims, objections and complaints that may arise from the related persons and institutions in any context, Tematurk is the right to recourse all losses to itself, and all the direct and indirect income losses and material and moral damages that Tematurk may suffer due to all kinds of claims, claims and receivables against Tematurk, in the first request of Tematurk, in cash and immediately. def'aten compensates, declares and undertakes to compensate.
6.3 CUSTOMER acknowledges, declares and undertakes that it will act in accordance with the applicable legislation regarding Bulk / Single SMS sales / submissions subject to this Agreement.
6.4 CUSTOMER, within 5 (five) business days following Tematurk's first written request, without the need for any provision for Tematurk, the costs and indemnities that Tematurk will have to pay to third parties and / or official authorities regarding his obligations under this contract. agrees and undertakes to pay.
6.5 All kinds of advertisements, advertisements, announcements, declarations on the Protection of Consumers, Law No. 4822, Communiqué on Commercial Protection and Announcements and all kinds of announcements, advertisements, announcements to be made in all media (television, internet, radio, outdoor announcements, press etc.) related to the products subject to this Agreement, and It will be in accordance with international advertising principles and Ad Board decisions. CUSTOMER accepts and declares that he / she is responsible for any damage and loss that may occur due to violation of the provisions.
6.6 CUSTOMER accepts and undertakes that he cannot be held responsible for the accuracy of the information contained in the SMS text and the content of the statements, and that he is fully responsible. Pursuant to the decision of the Supreme Election Council and the provisions of this contract, it accepts and declares that the messages intended for political propaganda via mobile phone are not sent via SMS and / or the internet, and in the event that a shipment is detected in this way, it is responsible for the penalties to be imposed due to violation of the decision.
6.7 CUSTOMER; The statements contained in the text of the SMS shall be issued by T.C. Law and the legislation, ethics, public interest, public security, the Republic of Turkey would not constitute a violation of the territorial integrity, such statements Tematurk the blocking and that the right to block, any legal dispute will be exposed Tematurk due to these statements and / or claims that compensation is the addressee, that he knows that Tematurk will be recourse to him if any compensation is paid, and that he will cover the compensation, penalty, cost and other costs requested from the first application made to him, without the need for any decision against him. undertakes.
6.8 CUSTOMER is considered to have obtained the GSM numbers sent by SMS legally and with permission. In this regard, Tematurk cannot be held responsible in any way. All legal responsibilities and liabilities belong to CUSTOMER.
OTHER TERMS AND CONDITIONS
7.1 CUSTOMER will not behave in any way that will harm Tematurk and its customers' commercial reputation, dignity and prestige, and if such cases are detected, the customer account and all related products and services will be canceled without question, and no refund will be made. accepts, undertakes and declares that it will compensate and ensure all damages and losses incurred by Tematurk and its customers.
7.2 CUSTOMER agrees, undertakes and declares that Tematurk will compensate all damages and losses incurred by Tematurk against any claims arising from the use of Tematurk's services.
7.3 Regardless of whoever requests, Tematurk's refusal to provide services, in response to the negative (mobbing) behaviors exhibited by the customer and the behavior that will negatively affect the working performance of Tematurk officials and personnel, by making a refund, reserves the right to cancel the customer account with all products / services.
7.4 In the event that CUSTOMER chooses to pay via bank transfer, Tematurk activates the service and informs the CUSTOMER as a result of the transfer from the account opened in the name of the person or institution specified in the CUSTOMER information to the bank account specified in the order. All costs of payments belong to CUSTOMER.
7.5 All periodic products and services are stopped if the payment has not been made as of the latest service end date. Products and services that are not paid within three (3) days following the pause period are permanently deleted from the system and no liability is accepted. CUSTOMER is aware of this.
TECHNICAL SUPPORT
8.1 Tematurk accepts and declares that the product / service will provide "free support" in the face of faults and problems occurring for 6 months from the date of purchase of the product / service. Problems arising from subsequent interventions by the Customer to the relevant product / service are excluded from this scope. In such cases, as a solution, the standard product provided by Tematurk is re-supplied and installed in the system. The customer is aware of this and accepts and declares.
8.2 In the field of "Web Software" service, the customer is obliged to provide all kinds of hardware required for the smooth operation of the product / service he received from Sitemio and to ensure its continuity. These equipment are declared to the Customer at a basic level before and during the purchase. Some products / services may require some additional hardware and software additional features. The Customer agrees and declares that in such cases, the properties declared by Tematurk will also be provided.
8.2 Müşteri, satın aldığı tüm ürün ve hizmetlerin "standart işleyişi dışında kalan" tüm hususlar için, ücreti mukabilinde destek hizmeti alacağını, Tematurk'un bu gibi durumlarda iş yoğunluğuna bağlı olarak, ücreti mukabilinde olsa da bazı durumlarda destek hizmeti veremeyeceğini kabul ve beyan eder.
8.3 Müşteri, tüm destek taleplerini tematurk.com web sitesi üzerinde bulunan "teknik destek sistemi" üzerinden ileteceğini, bunun dışında destek hizmeti alamayacağını kabul ve beyan eder.
8.4 Müşteri tarafından oluşturulan tüm destek talepleri, iş yoğunluğuna bağlı olarak 24 saat içerisinde Tematurk tarafından yanıtlanacaktır.
9.1 Tarafların kontrolünde olmayan; tabii afetler, yangın, patlamalar, iç savaşlar, savaşlar, ayaklanmalar, halk hareketleri, seferberlik ilanı, grev, lokavt ve salgın hastalıklar, altyapı ve internet arızaları, elektrik kesintisi gibi sebeplerden (aşağıda birlikte "Mücbir Sebep” olarak anılacaktır.) dolayı sözleşmeden doğan yükümlülükler taraflarca ifa edilemez hale gelirse, taraflar bundan sorumlu değildir. Bu sürede Taraflar’ın işbu Sözleşme’den doğan hak ve yükümlülükleri askıya alınır.
10.1 İşbu sözleşme şartlarından biri, kısmen veya tamamen geçersiz hale gelirse, sözleşmenin geri kalanı geçerliliğini korumaya devam eder.
11.1 Tematurk.com, dilediği zaman sitede sunulan ürünleri ve hizmetleri işbu sözleşme şartlarını kısmen veya tamamen değiştirebilir. Değişiklikler sitede yayınlandığı tarihten itibaren geçerli olacaktır. Değişiklikleri takip ve kontrol etmek kullanıcı’nın sorumluluğundadır. Kullanıcı, sunulan hizmetlerden yararlanmaya devam etmekle bu değişiklikleri de kabul etmiş sayılır.
NOTICE
12.1 All notices to be sent to the parties regarding this Agreement will be made through the known e-mail address of Tematurk.com and the e-mail address specified by the user on the membership form. The user agrees that the address specified while becoming a member is the valid notification address, in case of change, he / she will notify the other party in writing within 5 days, otherwise the notifications to this address will be considered valid.
EVIDENCE AGREEMENT
13.1 In all disputes that may arise between the Parties for the transactions related to this contract, the books, records and documents of the Parties, and computer records and fax records will be accepted as evidence in accordance with the Law No. 6100, and the user accepts that they will not object to these records.
CANCELLATION / REFUND / RIGHT TO WITHDRAWAL
14.1 Right of Cancellation / Return and Withdrawal in Software Products;
Consumer rights law is stated in article (ğ) of the Regulation on Distance Contracts (See: http://www.resmigazete.gov.tr/eskiler/2014/11/20141127-6.htm) or contracts for immaterial goods that are instantly delivered to the consumer. " As noted, Customer may not exercise the right to cancel / return or withdraw after the purchase of the software product in question. In order to perform cancellation / return and withdrawal, it is essential that there is an error, problem or victimization caused by the software itself. The fact that the arrangements requiring expertise on any feature / qualification or product that is not in the software cannot be made by non-expert people cannot be shown as a problem and a defect. Before making a purchase, the customer is obliged to examine whether the software is suitable for him and to request information if necessary. The customer accepts and undertakes this.
14.2 Change of License in Software Products;
The software products are licensed to the domain (domain address) declared by the customer during the purchase. The customer can then change the domain name (domain address) of the license at any time, free of charge, for one time only. Once you have changed, you cannot change the domain name (domain address) again. The customer accepts and undertakes this.
14.3 License Transfer / Transfer in Software Products;
The customer has the right to transfer / transfer his / her software license to a Tematurk customer he / she wants. After the transfer / transfer, the new customer, who has transferred the license, is entitled to change the license domain name (domain address) only once.
14.4 Leased Software Products;
For software products that are rented periodically for more than one month or more, no license information changes, license transfers / transfers can be made. The customer accepts and undertakes this.
14.5 The customer is not entitled to withdraw, cancel, change and refund, provided that there are no problems or grievances arising from our company regarding the products / services mentioned below.
All kinds of web server (physical server, virtual server) services.
Domain registration services.
International sms sending services.
Turkey sends SMS services. (SMS not delivered to the recipient is automatically returned as a credit right.)
Other local and international product / service licenses.
14.7 If payments are made with a credit card or similar payment card, the consumer may request that the payment process be canceled on the grounds that the card is used without their consent and illegally. In this case, the institution that issued the card will return the payment amount to the consumer within 10 days from the notification of the objection.
SOLUTIONS OF DISPUTES
15.1 Ankara Courthouse Courts and Enforcement Offices are authorized to resolve any dispute arising from the application or interpretation of this Agreement.
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