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Terms and Conditions

BizPoint.com

Platform Service

Initial Contract

 

Revised on 05.04.2016 date; contract was concluded with 12 point size and Times font.

 

You hereby accept that you agree with the belowmentioned provisions and conditions together with this contract, of which provisions and conditions are stated in detailed articles below.

This contract you are about to agree shall be legally binding for you and includes every kind of services provided by us, therefore you will be deemed to have accepted our terms when you use our products and services. Therefore please take a moment to read the contract articles below.  Again, we would like to importantly emphasize that you are about to confirm a legally binding contract.

If you do not accept to be bound by such provisions and conditions, do not use or access any of our services.

CONTENTS

1. PREAMBLE

2. DEFINITIONS

3. TRANSLATION

4. LIABILITIES

5. TERMS OF USE

6. PLATFORM MESSAGES AND NOTIFICATIONS

7. CONTENT, OWNERSHIP and MEMBERSHIP CANCELLATION

8. OUR RIGHT TO USE YOUR CONTENT

9. COMPANY'S OTHER RIGHTS AND AUTHORITIES

10. PERSONAL DATA

11. LIMITATION AND WAIVER OF LIABILITY

12. PAYMENTS

13. TERMINATION

14. DISPUTE RESOLUTION

15. VALIDITY

 

1. PREAMBLE

1.1. Purpose

1.1.1 Our purpose and target is to bring together the producers and consumers from every sector to ensure the world professionals, mainly including Turkey, become more productive and more active entrepreneurs and to allocate both parties to a common purpose based on economic goals by bringing the supply and demand chains together. We realize this with Intermediary Service Provider title, based on internet and mobile services that provide a safe environment above average for the service providers and service receivers.

1.1.2 The Platform we provide has been designed to introduce economic opportunities provided for our members by allowing the decisions to be made on a network based on mutual trust and to allow you and other millions of professionals to meet with each other to trade, learn various information, to get various opportunities or produced or consumed works.

1.2. Contract

1.2.1 By registering, accessing or utilizing one of our services via our mediation (including the mobile applications or computer software) you will be deemed to have concluded a legally binding contract, individually or corporately.

1.2.2. Premier İnternet Mobil E-Ticaret ve Bilişim Medya Hizmetleri Anonim Şirketi (headquarters: NewistaResidence, B Blok, Kat 21, Ofis No. 175, Barbaros Hayrettin Paşa Mah., Nazım Hikmet Bulvarı No. 84, Esenyurt, 34522 İstanbul – Turkey, Beylikdüzü Tax Office and 7330402086 tax number) and You, who confirmed this contract, or the legal entity represented by you, are the parties to this contract.

1.2.3.   This contract contains this User Contract and the Privacy Policy and other conditions, of which certain properties will be displayed the moment you use them, and these provisions can be changed by us from time to time. If you do not accept this Agreement or if you are one of our competitors, we would like to remind you again not to access and use any of our services.

1.2.4 Contents and preamble section are a part of this contract.

 

2. DEFINITIONS

 2.1.     The definitions used in this contract, which will be legally binding for you after you confirm it, and the Privacy Policy which is its appendix, are used with the meanings stated below;

a.  ‘Contract' means this contract concluded between Premier İnternet Mobil E-Ticaret ve Bilişim Medya Hizmetleri Anonim Şirketi and Guest User, Individual User, Commercial User and Corporate and Commercial User,

b.   ‘Company' is Premier İnternet Mobil E-Ticaret ve Bilişim Medya Hizmetleri Anonim Şirketi,

c. 'Platform' means the general name of the service subject to the contract provided by company with the help of bizpoint.com and BizPoint mobile applications and software,

d.   ‘Web Site’ means BizPoint.com internet site,

e.   ‘Mobile Application' means the BizPoint application,

f.    ‘Software' is BizPoint software,

g. 'Guest User' means the consumer who uses Platform services without being a member of the web site,

h. 'Individual User' means the real person in terms of Turkish Civil Code, who becomes a member of the internet site with identity information in compliance with real information, to benefit from the Platform,

i. 'Commercial User' is the small scale enterprise (certificate may be requested) who is given tradesmen and similar management authorization by the laws of the country where its headquarters is located,

j. 'Corporate and Commercial User' is the big scale enterprise (certificate may be requested), who is given domestic and international trade authorization by the laws of the country, where its headquarters is located.

 

3. TRANSLATION

3.1 Although it is possible to translate this contract conditions to the language of each User operating on Company Platform to confirm it, in case of disputes, the Turkish version of the text shall be taken as basis.

 

4. LIABILITIES

4.1. Platform Suitability

a. Guest User

To utilize the platform, you will be deemed to have accepted the belowmentioned conditions:

1- According to your country's laws, you shall be at the "Minimum Age" limit or above (please do not forget it may vary from country to country);

2- You shall not have been restricted by company with or without a reason, to use the platform.

b. Individual User

To utilize the platform, you will be deemed to have accepted the belowmentioned conditions:

1- According to your country's laws, you shall be at the "Minimum Age" limit or above (please do not forget it may vary from country to country);

2- You shall have only one membership on this platform as individual user, and you should use your real identity information stated on the only identity used by state to identify you, in scope of which you are a citizen.

3- You shall not have been restricted by company with or without a reason, to use the platform.

c. Commercial User

To utilize the platform, you will be deemed to have accepted the belowmentioned conditions:

1- You shall be at the minimum bigness scale or above, according to your country's laws, to at least carry out tradesmen activities (Company may request certification to verify this situation.);

2- As an Individual User you shall have only one membership but the works you can undertake at the platform can be more than one. (In case of conflict with reality, company may request from you to certificate your business or remove the related sections). Otherwise the company reserves the right to irrevocably cancel the membership.)

3- You shall not have been restricted by company with or without a reason, to use the platform.

d. Corporate and Commercial User

To utilize the platform, you will be deemed to have accepted the belowmentioned conditions:

1- Corporate and Commercial Users, who are going to benefit from the Platform in scope of country borders, shall be at a bigness scale sufficient to operate commercial activities according to their countries' laws. (This situation may be requested to be certified. Otherwise the company reserves the right to irrevocably cancel the membership.)

2- Corporate and Commercial Users who want to benefit from the Platform with international activities, shall be eligible to carry out international commercial activities.  

3- Corporate and Commercial Users can create as many memberships as the number of countries in which they exist to benefit from the Platform, if they are serving at more than one country.

4- You shall not have been restricted by company with or without a reason, to use the platform.

4.2. Common Liabilities

4.2.1. You shall provide some information about you to use certain features provided by the Platform, and create an account. Please do not forget it is your responsibility to protect the confidentiality of your account password. Therefore, you hereby accept with this contract, :

a- To choose a strong and safe password;

b- To keep your password safe and secret;

c- Not to give any part of your account to anybody else

d- To obey the laws and all conditions in this contract.

4.2.2. You shall be held accountable for all activities that occur related to your account. In case of unauthorized usage of your account, you accept to notify us immediately. The Company reserves the right to close your account at any time, with or without a reason.

4.2.3. Your account is both for your personal and non-commercial usage. You need to provide complete and correct information about you, to support your credibility as a part of the Platform, when you create your account. You cannot imitate another real or legal person, you cannot create account for someone else or use it, you cannot provide an e-mail address that belongs to someone else or you cannot create multiple accounts unless you operate in different countries.

4.2.4. All users are legally and criminally responsible from the contents they uploaded.

 

5. TERMS OF USE

5.1 Guest User and Individual User Memberships to the platform is for free. These users can carry out research via the Platform about the services they want to receive through the accounts they determined, can find real or legal persons providing services in the similar fields, make comparisons regarding the services and make contracts with the real or legal persons they want.

5.2 The company is not a party to such contracts in any way, and stands only as the Intermediary Service Provider. Therefore the Company emphasizes and states once again that, the Company has no relation in any way in scope of the commitments, contracts and statements between the parties. Therefore the Company is not responsible from the losses of third parties or Members because of any wrong or missing information shared on the Platform and between the parties in scope of the contracts they conclude, and the responsibility directly belongs to the Users (related parties).

5.3 The platform memberships of the Commercial Users and Corporate and Commercial Users shall be priced based on the costs determined by the Company, in scope of which the Company reserves the right to make changes without notification. The details regarding the prices are accepted as stated in the following Payment section. These users can address all users on the platform in scope of the commercial activity field they stated while registering at the platform. In this scope they can receive and make business offers in any field they are related.

 

6. PLATFORM MESSAGES AND NOTIFICATIONS

6.1. By registering at the platform; the Guest Users, Individual Users, Commercial Users and Corporate and Commercial Users accept and undertake that the communication tools shared by them with the Company belong to them. The Company is not responsible from any situation arising from the wrong or missing information shared with the Company. Because the Company cannot verify the correctness of all information of all of its users.

6.2. The users accept and undertake that they shall be responsible for every kind of damages that may arise or arises from wrong or missing information including the profiles they share at the platform and the Company cannot be held responsible in any way.

6.3. They accept and undertake to pay for any judicial or administrative fine the Company becomes obliged to pay because of any such damage.

6.4. The Commercial Users and Corporate and Commercial Users accept with this contract, to receive e-mails from the Company. Users who do not wish to receive such emails can easily make requests for free, by writing to the electronic mail account info@bizpoint.com with "Refusal Notice" subject, without showing any reasons. The Company shall stop sending emails to the user within 3 (three) business days after the Company receives the request.

6.5. Guest Users and Individual Users can additionally and clearly accept receiving electronic mails, only by marking the box at the following section of the contract text. The users who later want to receive electronic messages can send their requests by email to info@bizpoint.com address with ‘Acceptance Notice’ subject. The Company shall start sending emails to the user within 3 (three) business days after the Company receives the request.

6.6 The Users who accepted to receive notifications via the Company or those deemed to have accepted it when the contract was concluded, accept to receive offer and campaign notifications from the related sectors according to their previous or current sector they used while creating their profiles.

 

7. CONTENT, OWNERSHIP and MEMBERSHIP CANCELLATION

7.1. You are severally responsible from all the content at the platform owned by you. As a platform user you undertake all risks regarding your content, any person's comment and trust to the reliability, correctness or quality of your content. You state with this contract that you have the required permissions to use your contents and to authorize the usage of your contents.

7.2. You cannot imply in any way that your content is financially supported or confirmed by the Company.

7.3. The content you share at the platform;

a-shall not violate a third party's intellectual property rights such as copyright, patent, trademark etc. or other rights;

b- shall not violate any legislation in scope of the related country's valid unfair competition, exportation, consumer or deceptive advertising laws;

c- shall not include statements or definitions against general ethics and public order which are not honest and correct; which are misleading, deceiving, taking advantage of lack of experience or lack of information of third parties, putting life and property safety on danger, harming public health, abusing patients, old people, children or disabled people;

d-shall not be derogatory, defaming, threatening or harassing;

e- shall not be obscene or shall not include child abuse, and

f- shall not contain viruses, Trojans etc. harmful software or computer programming applications that aims at damaging any system, data or personal information.

7.4. All responsibilities arising from such reasons belong to the content owner and the Company can terminate the User Contract immediately and irrevocably based on such reasons.

7.5. The Company reserves the right to freeze or prevent access to the User Accounts, which are thought to be used for malevolent purposes or for which the Company received complaints.

7.6. Unless clearly stated in this contract, we would like to remind that we are not granting any rights other than those in scope of this contract's conditions and the purposes of accounts to the reasonable extent of your membership and we reserve our related rights.

 

8. OUR RIGHT TO USE YOUR CONTENT

8.1. Although the contents completely belong to Users, the Company can use your content in various ways, such as displaying them to everyone, reshaping, including into advertisement and other works, creating works derived from the contents, distributing and letting others do these in connection with the common platforms and third parties' own web sites.

8.2. In this scope, you are providing your contents to us to be used for any purpose, non-exclusively, globally, permanently, without copyright, in an assignable, transferable way, in scope of which the right cannot be recovered.

8.3. Company may carry out categorization, grading and sorting between the users thanks to some algorithms within the system such as user votes and user comments, and some Users may be brought into forefront as they are frequently liked, preferred or because they created satisfaction. But the mentioned situation does not constitute an approval or guarantee given by the Company.

8.4. Lastly, irrevocably waive from your attribution or moral right demands and claims against the Company and users, and cause them to be waived.

 

9. COMPANY'S OTHER RIGHTS AND AUTHORITIES

9.1. Company may suspend Platform operations temporarily or permanently. As the Guest Users and Individual Users do not make any usage fee payments, they shall not make any demands if the platform stops operation or is suspended. Commercial Users and Commercial and Corporate Users cannot claim any rights during the temporary suspension period. In case the suspension exceeds the temporary duration or if suspension becomes permanent, payments shall be made to the related users according to their remaining membership days and if they demand. Temporary suspensions are suspensions that does not exceed 15 (fifteen) days.

9.2. Users accept, to the extent allowed by legislation, the credit card information used for payment can be stored at the system of the payment institution, with which the Company has agreement, and they can be shared with system operators. The Company is not responsible from the problems that may arise from contracted payment institution's system; or the payment institution, with which cooperation is carried out, may temporarily suspend or completely stop online payment possibility with Users' credit cards because of User transactions that create safety suspicions. Therefore the Company bears no responsibility towards the Users or third parties in this scope.

9.3. Company owns all the intellectual property rights of all data created with the usage of Platform. Company can arrange reports with such information, including demographical information without exposing user information, or use such information or reports itself, or share such reports and/or statistics with business partners and third parties for free or in return for a payment. These processes are not against the Company's privacy policy.

9.4. In any case the Company can suspend related user's profile or cancel memberships in order to apply injunction and court decisions sent by a state that is authorized regarding the violation of user rights.

9.5. Company can, if deemed necessary, use SMS, e-mail or other technical tools to verify User e-mail address, mobile phone number and other information.

9.6. If the Company determines a User is violating this Contract, or without need to show any reason to the extent the situation requires, the Company can suspend user membership, can stop the usage temporarily or forbid the usage of platform or usage rights.

9.7. The comments and evaluations of the Users on the services and products they received are published in such a way all Users can see, after the Company carries out necessary approvals, controls and corrections.  The Company has the right to correct such comments, or may decide not to publish them.

9.8. The Company reserves the right to permanently change or end the Platform at any time.

9.10. If you bring into disrepute or cause harm to the image of Company and Platform with any of your activities, the Company reserves the right to exclusive defense and right to undertake the defense right; all expenses and fees caused in this scope shall be paid by you. You accept to cooperate against claims with our defense.

 

10. PERSONAL DATA

10.1 Users accept that the contents they share on the Platform which are open to everyone can be viewed by everyone, and contents which are not open to everyone cannot be viewed and the Company took sufficient safety precautions to ensure this. Despite of this, if people with bad intentions obtain User information as the result of attacks on Platform's computer network and related database information, the Company does not accept any responsibility if such information is used with ill-intentions and any result that may occur.

10.2. The Company keeps the Credit Card information used by Users for payment, according to Law no.5464.

10.3. The Company stores the electronic records (user information, offers, comments and evaluations, etc.) regarding the users' electronic trade processes recorded on the Platform's database, for 3 (three) years and these will be submitted to related authorities if they demand.

10.4. Users accept and undertake that, Company's commercial books and records and the data stored in the systems of the Company shall constitute final evidence in scope of every kind of conflict that may arise from this Contract.

 

11. LIMITATION AND WAIVER OF LIABILITY

 

PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS THE COMPANY'S RESPONSIBILITIES TOWARDS YOU.

 

11.1. EACH OF THE SUB-SECTIONS BELOW SHALL BE USED ONLY TO THE EXTENT THE VALID LAWS ALLOW.  NOTHING IN THIS DOCUMENT TRIES TO LIMIT YOUR RIGHTS, WHICH CANNOT BE LIMITED LEGALLY. IF YOU ARE UNSURE ABOUT ANY PART OR THIS PART OF THE CONDITIONS, PLEASE CONSULT TO A LEGAL ADVISER BEFORE USING OR ACCESSING THIS PLATFORM. BY USING THE PLATFORM OR BY ACCESSING IT, YOU STATE THAT YOU HAVE READ THE CONDITIONS INCLUDING THIS SECTION, YOU UNDERSTOOD AND ACCEPTED THEM. BY ACCEPTING THESE CONDITIONS, YOU WAIVE FROM YOUR IMPORTANT LEGAL RIGHTS.

11.2. THE PLATFORM IS PRESENTED TO YOU AS IS, WITH ALL OF ITS ERRORS, IN THE CURRENT STATE AND WITH THE UNDERSTANDING THAT THE COMPANY CANNOT VIEW, CONTROL OR INVESTIGATE THE USER CONTENTS. IN THIS SCOPE, ALL RISKS AND DISCRETION REGARDING THE USAGE OF THE WEB SITE BELONG TO YOU. THE COMPANY DOES NOT MAKE ANY COMMITMENTS OR CLAIMS ABOUT THE WEB SITE'S QUALITY, CORRETNESS, RELIABILITY, SAFETY OR CONTENTS. IN THIS SCOPE THE COMPANY IS NOT RESPONSIBLE FROM LOSSES OR DAMAGES, FOR EXAMPLE ARISING FROM WEB SITE'S NOT BEING ABLE TO BE ACCESSED AND OPERATED CORRECTLY, OR SECURITY HOLES; USER LISTS, EVALUATIONS, EXAMINATIONS, MEASUREMENTS OR COMMENTS AND RECOMMENDATIONS ON THE WEB SITE OR THOSE PRESENTED VIA THE WEB SITE, THEIR QUALITY, CORRECTNESS OR RELIABILITY.

11.3. THE COMPANY DOES NOT MAKE ANY CLAIMS OR COMMITMENTS IN RELATION TO THIRD PARTIES SUCH AS ADVERTISERS OR USERS PROVIDED AS LIST ON THE PLATFORM OR PLATFORM'S USERS. IN THIS SCOPE, FOR INSTANCE, IF A USER OR A COMPANY MISUSES YOUR CONTENTS, IDENTITY OR PERSONAL INFORMATION OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH A FEATURED USER OR THOSE PROVIDED AS A LIST ON THE PLATFORM, THE COMPANY SHALL BEAR NO RESPONSIBILITY TOWARDS YOU FOR ANY LOSS OR DAMAGE CAUSED BECAUSE OF THEIR ACTIONS OR YOUR NEGLIGENCE. ALL DISCRETION AND RISKS REGARDING THE USAGE AND PURCHASING OF SERVICES OR PRODUCTS PRESENTED BY THIRD PARTIES VIA THE PLATFORM, BELONG TO YOU.

11.4. THE COMPANY CLEARLY WAIVES FROM EVERY KIND OF GUARANTEES, WHETHER EXPLICIT OR IMPLIED, INCLUDING THE GUARANTEES OF NOT VIOLATING OR SUITABILITY FOR A CERTAIN PURPOSE, MERCHANTABILITY AND GUARANTEES IN RELATION TO THE PRODUCTS OR SERVICES OFFERED BY THE USERS WHICH ARE STATED ON WEB SITE AS LISTS. ANY WRITTEN OR VERBAL INFORMATION OR RECOMMENDATION OF ANY REPRESENTATIVE OF SOMEONE FROM THE COMPANY DOES NOT CONSTITUTE A COMMITMENT OR GUARANTEE.

11.5 IF YOU ARE NOT SATISFIED WITH THE PLATFORM OR RELATED SERVICES OR IN CASE OF OTHER SITUATIONS THAT CAUSE COMPLAINTS, YOUR ONLY AND EXCLUSIVE RIGHT AND REMEDY IS TO STOP OR END YOUR USAGE OR ACCESS IN SCOPE OF THE PLATFORM.

11.6. THE COMPANY'S TOTAL LIABILITY TOWARDS YOU FOR THE DAMAGES OR LOSSES YOU EXPERIENCED REGARDING THE PLATFORM OR SUCH CONDITIONS IS LIMITED TO THE ONES BELOW, WHICHEVER IS HIGHER:

a. IF ANY, ANY ANNUAL AMOUNT PAID BY YOU TO THE COMPANY IN RELATION TO THE WEB SITE 12 MONTHS BEFORE THE INCIDENT THAT CAUSED THE LIABILITY, OR

 b.   100 TL (ONE HUNDRED TURKISH LIRAS)

11.7.    THE COMPANY WAIVES FROM:

     a.   INDIRECT,

     b.   PRIVATE,

     c.   ACCIDENTAL,

     d.   PENAL,

     e.   PUNITIVE,

     f.   LOSSES CAUSED BY TRUST OR CONSEQUENTIAL DAMAGES

     g.   LOSS OF REVENUE,

     h.   COMMERCIAL INTERRUPTION,

     i.   PRESTIGE DAMAGE OR

     j.   INFORMATION OR DATA LOSS RESPONSIBILITES.

 

12. PAYMENTS

12.1. The payment cost is received annually unless otherwise is decided.

12.2. Invoice, voucher or other documents to be issued in return for services are required to be issued by parties if the related legislation requires so, and the Company does not have the responsibility to carry out controls in this scope.

12.3. The Company is obliged to issue invoices to Commercial Users or Corporate and Commercial Users for the communication rights or commission costs regarding only the services provided by the company itself. The Company has the right to send to the electronic mail addresses stated by the users during registration, e-archive invoices on request or in required situations as required by the Company policy.

12.4. The Company reserves the right to make all or some of the services, paid services in the future.

 

13. TERMINATION

13.1. The Company and Users can terminate this Contract by notifying the other party at any time. As the result of termination, Platform access or Platform usage rights are lost.

The points below continue to exist even after the termination:

  1. Our rights to use and publish the feedbacks to the Company and other Users;
  2. This contract's Termination, Dispute Resolution and Limitation of Liability sections;
  3. Any amount to be paid by any party before the termination, shall be paid after the termination.

 

14. DISPUTE RESOLUTION

14.1. This contract is subject to the laws of Republic of Turkey and in case of any kind of conflict arising from the implementation of this Contract, firstly the parties shall try to amicably solve the disagreements. They accept and state that İstanbul Courts and Enforcement Offices are exclusively authorized to solve the disagreements if they cannot amicably solve them.

 

15. VALIDITY

15.1 This contract shall come into effect the moment it is approved and clearly binds the parties.

15.2. We can change the conditions at various times. You understand and accept that your Platform usage or Platform access is subject to the conditions you use the Platform or access to the Platform.

15.3. We are going to inform you by e-mail or by publishing a notification on the Platform before the enforcement date regarding the changes, if we carry out important changes on these conditions. We are going to show the last revision date at the top of this page. As the revised editions shall be binding for you, you should re-visit these conditions regularly. Such a change will come into effect after the new Conditions are published. You understand and accept that your continuing access to the Platform or your continuing usage of the Platform after the enforcement date of the condition changes shall be deemed as your acceptance.

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