USER AGREEMENT

Disclaimer

The hereby Membership Agreement specifies rules for membership and the user may not be a member without accepting this agreement. By signing this Membership Agreement, the principles hereunder shall be deemed to have been accepted and covenanted, therefore they should carefully be read.

To be a member of the website, the registration form should be completed and the provisions of this Membership Agreement should be accepted and covenanted. Users intending to approve the Membership Agreement should define a Username and Password. Once a Username and Password has been defined, the user should confirm the box "I have read and do accept the Agreement" under the registration form and press the "Register" button. After this procedure, the agreement shall be duly executed and become effective. After the registration procedure, a confirmation email shall be sent to the email address you have provided for the confirmation of your registration.

For eligibility to membership, users should be of legal age, authority to represent and bind members that are legal entities should be available, and no temporary or permanent ban on membership inflicted by EVDEKİ FIRSAT should be in place.

1. Parties

This agreement has been executed by and between EVDEKİ FIRSAT BİLGİ TEKNOLOJİLERİ PAZARLAMA VE TİCARET A.Ş. (EVDEKİ FIRSAT) and the user (MEMBER) to specify the terms of membership for and use of the website “ www.evdekifirsat.com” (Website) operated by EVDEKİ FIRSAT.

2. Subject Matter of the Agreement

The subject matter of this Agreement is to specify for MEMBERS the terms and conditions of benefiting from portal services provided by the Website and EVDEKİ FIRSAT.

3. Rights and Obligations of Parties

3.1. MEMBERS hereby accepts, represents and warrants to abide by all laws and appropriate legislation, and not to violate such legal provisions during the use of the Website. MEMBER shall exclusively be responsible for all legal and/or financial and/or penal liability occurring otherwise. MEMBER specifically acknowledges this responsibility.

3.2. MEMBER shall not commit any malicious activity on the Website that would prevent or impair the use of the services by others (spam, virus, trojan, etc.).

3.3. MEMBER shall no way whatsoever use the Website for the intent of disturbing the public order, committing immorality, and disturbing or harassing others, and shall not violate the intellectual property rights and copyrights of others.

3.4. Any opinion, comment, remark and statement provided by the MEMBER on the Website exclusively constitutes the MEMBER's own personal opinions and comments, and MEMBER hereby accepts, represents and warrants that it shall principally be responsible for all legal and/or financial and/or penal consequences of such opinions and comments. Such opinions and ideas do not bind EVDEKİ FIRSAT; and EVDEKİ FIRSAT shall have no legal liability for damages that may be sustained by third parties due to the opinions and ideas provided by the MEMBER. MEMBER hereby accepts, represents and covenants that, in case EVDEKİ FIRSAT incurs any financial and/or legal liability due to anything attributable to the MEMBER, it shall fully assume the entirety of such damages and reimburse EVDEKİ FIRSAT in cash and full for the entirety of such damages if actually borne by EVDEKİ FIRSAT. EVDEKİ FIRSAT shall not be liable for any damage that MEMBER may incur due to ideas and opinions provided by third parties.

3.5. MEMBER hereby accepts, represents and warrants that, personal and other details provided by the MEMBER during signing up are real, and that it shall reimburse in cash and full all damages to be incurred by EVDEKİ FIRSAT due to the MEMBER's mispresentation.

3.6. The right of using the password obtained by the MEMBER from the Website is exclusively vested in the MEMBER. MEMBER may not assign this password to a third party. MEMBER is responsible for all legal and penal liability for using the Website.

3.7. EVDEKİ FIRSAT may not be held liable for unauthorized possession of MEMBER details and/or damages to MEMBER software and data. MEMBER hereby accepts to waive from any claim of damage against EVDEKİ FIRSAT for any loss incurred due to the use of the Website.

3.8. MEMBER hereby accepts and warrants not to obtain and use without authorization the details and software of other internet users. MEMBER acknowledges that all legal and penal liability otherwise occurring shall fully be on the part of the MEMBER.

3.9. MEMBER hereby accepts, represents and warrants that it shall be liable for all damages resulting from its partly or entirely violation of this Agreement, hold EVDEKİ FIRSAT harmless from and reimburse any and all damages, actions, claims and assertions that may arise in this respect.

3.10. EVDEKİ FIRSAT may, subject to its full discretion without being bound by any form or condition, suspend and/or cease MEMBER's membership unilaterally at any time, and/or delete all data, documents and files of the MEMBER.

3.11. All intellectual property rights upon the design and software in the Website as well as textual and visual content of the products are vested in EVDEKİ FIRSAT, and they may not be used by MEMBER without EVDEKİ FIRSAT's explicit written authorization.

3.12. For the improvement or optimization of the Website by EVDEKİ FIRSAT, and/or due to the requirements of the applicable regulations, name and IP (Internet Protocol) address of the internet service provider used to access the Website, date and time of access to the Website, pages accessed during the visit, URL of the website providing direct link to the Website and such other details may be collected.

3.13. EVDEFİ FIRSAT is authorized to keep a log of MEMBER's movements in the Website.

3.14. MEMBER hereby accepts and represents that it authorizes the submission of information and announcements relating to current or future product and service promotions, advertisements, campaigns, special offers, surveys and other customer satisfaction practices.

MEMBER hereby accepts and represents that it authorizes EVDEKİ FIRSAT to collect and archive current and/or future personal and/or consumer attitude details provided while signing up and/or otherwise for the enhancement of its sales and marketing process. MEMBER accepts and represents that, unless otherwise specified, it authorizes EVDEKİ FIRSAT to exploit and archive such data also after the expiry of MEMBER's membership. MEMBER hereby accepts and warrants that it shall not make any claim against and hold liable EVDEKİ FIRAT for any direct and/or consequential tangible and/or intangible negative and/or favourable damage due to the collection, sharing, use, archiving of and access to the abovementioned details. In case MEMBER intends to change its information sharing preferences, it shall notify EVDEKİ FIRSAT's call centre for customer services accordingly.

3.15. EVDEKİ FIRSAT may disclose MEMBER's personal details to third parties if and when required by applicable regulations or a court judgement, administrative order, and/or consented by the MEMBER.

3.16. Despite measures taken bu EVDEKİ FIRSAT to the extent possible for the protection of the Website against viruses and other malicious software, MEMBER is expected to procure its own antivirus system and put in place necessary protection for their final security. In this respect, MEMBER hereby accepts and warrants that, by entering the Website, the MEMBER shall principally be liable for all damages, failures in its own software and operating systems and/or their direct or indirect consequences, and that EVDEKİ FIRSAT may not be held liable therefor.

3.17. EVDEKİ FIRSAT is entitled to modify at any time the content, design and software of the Website; modify, suspend or cease any service provided to the MEMBER, and delete at any time the details and data of the user registered in the Website.

3.18. EVDEKİ FIRSAT is entitled to update, amend and/or cease at any time the terms and conditions of this Agreement without prior notice. Each provision updated, amended or ceased shall start to take effect upon the MEMBER as at the time of publication.

3.19. EVDEKİ FIRSAT is entitled to send promotional emails to the registered email address and SMS notices to the GSM number of the MEMBER pursuant to the Agreement. By acknowledging this Agreement, MEMBER hereby consents the submission of promotional emails to its email address and SMS notices to its GSM number. In case MEMBER intends to discontinue the reception of such emails and/or SMS notices, it may cancel this service by contacting with EVDEKİ FIRSAT's Customer Services.

3.20. In case of links or references to other websites from the Website, EVDEKİ FIRSAT shall not be responsible for the content or links in such other websites.

3.21. EVDEKİ FIRSAT is not liable for misunderstanding resulting from typographical errors. EVDEKİ FIRSAT has the freedom of updating at any time the visuals and price information published on the Website. Any information published on the Website including price details do not specifically bind EVDEKİ FIRSAT. All information on the website is delivered by EVDEKİ FIRSAT as-is and strictly without providing any guarantee or covenant and without representation or implication. All product, price, exchange rate and time-related information provided on this website has been designed in line with the latest information available immediately before publication. EVDEKİ FIRSAT may at any time amend the information without prior notice. Clerical errors do not create any liability. Despite reliance upon the information, they may possibly contain some errors or mistakes. EVDEKİ FIRSAT is not responsible for the content accessed through external links to other websites from this Website.

3.22. MEMBER may not partially or fully transfer this Agreement to third parties, and any transfer or assignment by the MEMBER shall be void in this respect.

3.23. MEMBER hereby accepts, represents and warrants that it shall principally be responsible for any action performed under the Username, and that it has read and understood without any hesitation and doubt the content of this Agreement together with all of its consequences.

 

4. Termination of the Agreement

Either party may terminate at any time this Agreement.

5. Settlement of Disputes

Istanbul Courts and Execution Offices of the Anatolian Side shall be authorized to resolve any dispute arising from the interpretation and/or performance of this Agreement.

6. Effective

This Agreement has been executed and become effective at the time of MEMBER's signing up, and details are provided in the disclaimer first indicated above.