ArConnect APPLICATION SERVICE CONDITIONS

 

Welcome to Arçelik! By downloading and saving the ArConnect Application (hereinafter referred to as the “Application”) and by using the product and software (hereinafter referred to as the “Services”) offered to you within the scope of the Application, you accept the policies, principles or amendments that may be provided to you from time to time, including, but not limited to the following terms and conditions (hereinafter referred to as the “Conditions”). Services are offered by Arçelik A.Ş., its affiliates and subsidiaries (hereinafter referred to as the "Company"). Grundig Intermedia GmbH is a subsidiary of Arçelik A.Ş.

 

The Application may be developed and/or provided by the Company or by third parties.

 

  1. Using the Services

 

The Company offers the Services to you on the condition that you have necessary capacity to enter into a binding agreement according to the law applicable for you and not to be a person who is denied of receiving services under the legislation of a jurisdiction whose law is applicable to you. As a part of registration process to have access to specific services and/or a part of the means to continue to use the Services, you may be required to submit current and correct identity details, contact details and other details.

 

You are responsible for keeping your account passwords confidential and for all activities performed under your account. The Company shall not be liable for any loss or damage that may arise from your failure to keep your password confidential.

 

  1. Changes in Conditions

 

The Company may change or amend these Conditions from time to time. The Company shall notify you about material changes or additions to this Conditions and you will get a copy of the amended version via your e-mail, or any other appropriate means to keep you aware of the changes to these Conditions of Use. You may be required to accept changed Conditions in order to continue using the Services.

 

  1. Acting with Care and Diligence

 

You agree that all information, data, texts, software, musical pieces, voices, photographs, graphics, videos, messages or other materials (hereinafter referred to as the "Content") shall be under the responsibility of the owner of the said Content or the person who owns or is licensed to use the Intellectual Property Rights therein. The Company shall have the right to browse, mark, filter, reject, edit, replace or remove any Content offered through the Services in advance. Notwithstanding the foregoing, the Company is not under the obligation to do audits in the said form. You agree that during your use of Services, you may be exposed to offensive, inappropriate or objectionable Contents and that you use the Services at your own risk.

 

You agree that you shall be responsible for your own acts and the Contents that you may create, transmit or view during your use of the Services and their consequences. You agree to use the Services only ethically and lawfully and for the purposes intended herein. You agree not to commit any actions that would intervene or hinder the Services or the servers and networks connected to the Services.

 

Use of certain Services may be subject to policies or principles special to those services in addition to the present Conditions.

 

  1. Confidentiality Policy

 

By using the Services you understand and agree that your personal data may be processed in line with the applicable law as well as the ArConnect Application Privacy Policy, which is an integral part hereof and which is incorporated hereto by means of reference.

 

All matters related with processing your personal data are subject to the ArConnect Application Privacy Policy, which is an integral part hereof.

 

  1. Intellectual and Other Property Rights

 

5.1. Company’s Rights

 

You agree to and approve that the Smart TV Appliance, which is in connection with the services required to provide, protect and use the Application and the services, contains private and confidential information protected by the applicable property laws and agreements as well as by some other laws and agreements. Moreover, you agree and approve that Contents in sponsored advertisements or that are brought to you via Services are protected by laws related to the copyrights, trade or service marks, patents or other property rights. Except for expressly permitted by the Company or other appropriate third party right owners and other than circumstances where permission is specifically given in a separate written agreement, you agree not to edit, sell, distribute, or create derivative works from the Contents, the Services or the Software in part or in full.

 

Subject to these terms and conditions and provided that you do not copy, edit or change the Services or the Software, or do not create derivative works from, or reverse engineer or disassemble, the Services or the Software, or do not try to discover the source code of the Services or Software otherwise, and do not sell, dispose of, assign, transfer, sublicense or offer for security or otherwise convey any right in the Services and the Software (and do not permit any third party to do so) unless such activities are stipulated or explicitly permitted by law or explicitly allowed by the company in written to do so, the Company grants you a non-exclusive and non-transferable personal right and license to use the Services and the Software. You agree not to use the modified versions of the Services and Software, including but not limited to those ones that are intended for unauthorized access to the Services and the Software. Unless expressly permitted in a separate written agreement, you agree not to have access to or use the Services by any means other than the interface provided by the Company for use to have access to Services and the Software.

 

Except for expressly permitted by the Company, you agree not to use any trade or service mark, trade dress, company trade name or product name in a manner to cause confusion among the consumers, or to refrain from copying, imitating or using them in combination with additional components or elements. Moreover, you agree not to remove copyright notices, trade mark notices or other proprietary right legends of the Company or third parties as attached to, or set out on, or accessible over the Services or the Software.

 

5.2. Your Rights

 

The Company does not claim any ownership or control over any Contents offered, broadcasted or displayed by you over or via the Services. All patents rights, trade mark rights or copyrights in any Contents that you offer, broadcast or display over or via the Services belong to you or third party licensor, as the case may be, and you are responsible to duly protect these rights. When you offer, broadcast or display Contents that are intended to be public over or via the Services, you will have granted a worldwide and non-exclusive, unlimited and free license to the Company to reproduce, deploy, process, transmit to public, adapt, edit, broadcast or distribute the Content over the Services with the purpose to display, distribute and promote the Services. The Company reserves its right to process and combine the Contents offered, broadcasted or displayed by you over or via the Services and to use, reproduce, deploy or transmit to the public this Content in association with any Service provided by the Company. The Company also reserves its right to refuse to accept, broadcast, display or transmit any content to the public at its sole discretion.

 

You hereby represent and guarantee that you have all rights and authorizations necessary to grant the rights granted herein for any Content provided.

 

  1. Software Updates and Automatic Update Feature

 

Any Software provided by the Company or by third parties is subject to these Conditions of Use and the Terms and Conditions of the License Agreement /(if any) of the said Software. The Company or other providers, if any, of the Software other than the company may, at any time, modify the Services and the Software to update, improve or enhance the said Services and Software, including providing bug fixes, patches, advanced functions, extensions and new versions. However, the Company does not guarantee to update the Software.

 

 

  1. No Commercial Use

 

Unless expressly foreseen otherwise under these Conditions, you agree not to use, reproduce, copy, sell, commercialize, re-sell or re-use any part of the Services or the Software or access thereto for commercial purposes.

 

  1. Service Changes

 

The Company reserves to change, suspend or terminate the Services (or any part of the Services) from time to time or at any time with or without a prior notice. You hereby agree that when Services are changed, suspended or terminated, the Company shall not be liable to you or a third party nor shall it assume any responsibility in this respect.

 

  1. Terminating the Use of Services

You may discontinue using the Services at any time at your discretion. You agree that the Company may stop your access to the Services, may terminate the Conditions or may suspend or cancel your account on any date and for any reason whatsoever, including a time period when the account remains silent without any activity. In case of termination, your account will be deactivated and you will not have any access to the Services, or your account, or any other file or content in your account.

 

  1. Ads and Commercials

 

Certain Services are supported by revenues from ads and ads and promotions may be displayed on the Service. Said ads may be related to the contents of the information kept on the Services, inquiries made via the Services or any other information. Style, contents and size of ads placed by the Company on the Services may change. When you use the services, you agree that the Company may place such ad and that the Company shall not be liable or responsible for any loss or damages that you may suffer on account of such ads on the Services or your subsequent relations with advertisers.

 

  1. Links

 

The Company, Services or third parties may provide links to other web sites or sources, or web sites or sources of the Company, its affiliates or subsidiaries. The Company does not have any control over these web sites or sources; you hereby agree and certify that the Company shall not be liable for the existence of the said third party web sites or sources; that it does not endorse any Contents, ads, products or other materials available on or accessible through these web sites or sources and that it is not liable or responsible for them. Moreover, you hereby agree and confirm that the Company shall not be directly or indirectly liable or responsible for any losses or damages that have arisen or allegedly arisen from or in connection with the use of or trust in any Content, product or services available on or accessible through such web sites or sources.

 

  1. Third Party Services, Products and Software and the Company’s Liability in Relation to Them

 

12.1. You may buy or use third party services, product or software as a result of or through the use of the Services or the Software from time to time. Your use of other said services, products or software may be subject to separate terms and conditions between the relevant third party and you. The present Conditions will not affect your legal relation with third parties in question and the Company shall not be liable or responsible for such services, products or software offered by any third party.

 

12.2. Your use of every application that you get via the Services shall be subject to your acceptance of these Conditions and the license agreement and conditions of use for the relevant Application. All rights that are not expressly granted to you are reserved.

 

12.3. YOU STRICTLY UNDERSTAND AND ACCEPT THE FOLLOWING:

  1. ALL RISKS ASSOCIATED WITH YOUR USE OF THIRD PARTY SERVICES, PRODUCTS OR SOFTWARE ARE SOLELY AT YOUR RISK AND RESPONSIBILITY. THE COMPANY HEREBY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES AND COMMITMENTS, INCLUDING BUT NOT LIMITED TO WARRANTIES AND COMMITMENTS SUCH AS IMPLIED MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE OR NON-BREACH.

  2. THE COMPANY DOES NOT GUARANTEE THAT, THE (i) THIRD PARTY SERVICES, PRODUCTS OR SOFTWARE SHALL MEET YOUR NEEDS; (ii) THIRD PARTY SERVICES, PRODUCTS OR SOFTWARE SHALL BE CONTINUOUS, CURRENT, SECURE OR ERROR-FREE; (iii) RESULTS FROM THE USE OF THIRD PARTY SERVICES, PRODUCTS OR SOFTWARE SHALL BE CORRECT OR RELIABLE; (iv) YOU SHALL BE SATISFIED WITH THE QUALITY OF SUCH PRODUCTS, SERVICES INFORMATION, DATA OR OTHER MATERIALS BOUGHT OR ACQUIRED BY YOU FROM THIRD PARTY SERVICES, PRODUCTS OR SOFTWARE AND (v) SOFTWARE ERRORS WILL BE CORRECTED.

  3. DOWNLOADING OR OTHERWISE OBTAINING THE THIRD PARTY MATERIALS BY USING THE SERVICES IS FULLY AT YOUR DISCRETION AND YOUR RISK; YOU SHALL BE FULLY RESPONSIBLE FOR ANY DATA LOSS OR MALFUNCTION IN YOUR SYSTEM OR ANY OTHER DEVICE ATTRIBUTABLE TO THE DOWNLOAD OF SUCH MATERIALS.

  4. THE COMPANY DOES NOT GUARANTEE THAT PERSONAL DATA THAT THIRD PARTIES MAY COLLECT AS A RESULT OF YOUR USE OF THEIR SERVICES, PRODUCTS OR SOFTWARE SHALL BE DULY AND PROPERLY HANDLED. YOU SHARE YOUR PERSONAL DATA WITH THIRD PARTIES AT YOUR DISCRETION AND YOUR RISK.

  5. VERBAL OR WRITTEN RECOMMENDATIONS OR INFORMATION RECEIVED BY YOU FROM THE COMPANY OR ITS AFFILIATES OR FROM OR VIA SERVICES DO NOT CONSTITUTE A GUARANTEE HEREUNDER UNLESS OTHERWISE IS EXPRESSLY DESCRIBED OR REFERRED TO HEREIN.

 

  1. YOUR UNDERTAKINGS AND LIABILITY

 

13.1. YOU SHALL BE FULLY LIABLE FOR THE USER CONTENTS PROVIDED BY YOU AND CONSEQUENCES ARISING FROM THE SAID USER CONTENT (INCLUDING LOSSES OR DAMAGES SUFFERED OR INCURRED BY THE COMPANY). YOU PARTICULARLY UNDERTAKE AND REPRESENT THE FOLLOWING TO THE COMPANY:

  1. YOU ARE THE OWNER OF ALL RIGHTS RELATED TO USER CONTENT OR OTHER INFORMATION PROVIDED TO THE COMPANY AND THE RIGHT TO GRANT LICENSES FOR THE USER CONTENT IS VESTED WITH YOU;

  2. USER CONTENT SHALL NOT INFRINGE ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF A THIRD PARTY;

  3. USER CONTENT SHALL NOT CONTAIN HARMFUL, WRONG, PORNOGRAPHIC, OFFENSIVE, HARASSING, THREATENING, INSULTING OR OTHERWISE UNLAWFUL MATERIAL OR MATERIAL WHICH IS NOT IN AGREEMENT WITH THE CONTENT PRINCIPLES OF THE COMPANY;

  4. USER CONTENT SHALL NOT CONTAIN ANY VIRUS OR OTHER HARMFUL SOFTWARE, CODE OR SIMILAR TOOLS OR INSTRUMENTS WHICH MAY CAUSE DAMAGE TO THE FUNCTIONS OR PERFORMANCE OF THE DEVICES WITH ACCESS TO THE SAID USER CONTENT OR WHICH MAY DEACTIVATE THEM OR OTHERWISE ADVERSELY AFFECT OR RESTRICT THEM, INCLUDING SERVERS, NETWORK NODE OR SIMILAR EQUIPMENT, IRRESPECTIVE OF WHETHER THE SAID DEVICE IS OWNED BY THE COMPANY, ANOTHER USER OR A THIRD PARTY;

  5. USER CONTENT SHALL COMPLY AND BE IN ACCORDANCE WITH THE AGE RESTRICTION RULES AND REQUIREMENTS APPLICABLE IN THE NATIONAL LAWS, INCLUDING THE COUNTRY WHERE YOU RESIDE OR USE THE SERVICES (INCLUDING, AS THE CASE MAY BE, CORRECT AND ADEQUATE RESTRICTION AND RATING OF ANY USER CONTENT); AND

  6. THE USE OF THE USER CONTENT BY THE COMPANY OR ITS AFFILIATES SHALL NOT CAUSE THE COMPANY OR ITS AFFILIATES TO ASSUME ANY OBLIGATION TO FINANCIALLY CONTRIBUTE (INCLUDING LICENSE FEES, DUES OR OTHERWISE) TO THIRD PARTIES (INCLUDING IN PARTICULAR PROFESSIONAL ASSOCIATIONS).

 

13.2. YOU AGREE TO INDEMNIFY AND HOLD THE COMPANY AND ITS AFFILIATES HARMLESS AGAINST ALL LOSSES, EXPENSES, LIABILITIES OR DAMAGES THAT THE COMPANY MAY SUFFER AS A RESULT OF THE VIOLATION OF THESE UNDERTAKINGS HEREIN.

 

13.3. YOU HEREBY AGREE TO INDEMNIFY AND HOLD THE COMPANY, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, AGENTS, EMPLOYEES, ADVERTISERS, LICENCE OWNERS, SUPPLIERS OR BUSINESS PARTNERS (HEREINAFTER “THE COMPANY AND ITS BUSINESS PARTNERS” COLLECTIVELY) AGAINST THIRD PARTY CLAIMS ARISING FROM YOUR USE OF SERVICES OR YOUR BREACH OF CONDITIONS OR ALL OTHER ACTIONS RELATED TO OR ARISING FROM YOUR USE OF SERVICES INCLUDING ALL CLAIMS OF RIGHTS, LOSSES (ACTUAL AND CONSEQUENTIAL) DAMAGES, ACTIONS, DECISIONS, LEGAL EXPENSES AND ATTORNEY’S FEES AND ALL OTHER LIABILITIES AND OBLIGATIONS. IN SUCH A CASE, THE COMPANY SHALL SUBMIT YOU A WRITTEN NOTICE ABOUT THE SAID RIGHT OF CLAIM, LAWSUIT OR ACTION.

 

  1. THE COMPANY’S WARRANTY LIABILITY

 

YOU STRICTLY UNDERSTAND AND ACCEPT THE FOLLOWING:

 

    1. RISKS ASSOCIATED WITH THE USE OF SERVICES ARE FULLY UNDER YOUR RESPONSIBILITY. SERVICES ARE OFFERED "AS IS" AND "AS IT STANDS". TO TE LARGEST EXTENT PERMITTED BY THE LAW, THE COMPANY AND BUSINESS PARTNERS STRICTLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES AND COMMITMENTS, INCLUDING BUT NOT LIMITED TO WARRANTIES AND CONDITIONS SUCH AS IMPLIED MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE OR NON-BREACH.

    2. THE COMPANY AND ITS BUSINESS PARTNERS DO NOT GUARANTEE THAT, THE (i) THIRD PARTY SERVICES, PRODUCTS OR SOFTWARE SHALL MEET YOUR NEEDS; (ii) THIRD PARTY SERVICES, PRODUCTS OR SOFTWARE SHALL BE CONTINUOUS, CURRENT, SECURE OR ERROR-FREE; (iii) RESULTS FROM THE USE OF THIRD PARTY SERVICES, PRODUCTS OR SOFTWARE SHALL BE CORRECT OR RELIABLE; (iv) YOU SHALL BE SATISFIED WITH THE QUALITY OF SUCH PRODUCTS, SERVICES INFORMATION, DATA OR OTHER MATERIALS BOUGHT OR ACQUIRED BY YOU FROM THIRD PARTY SERVICES, PRODUCTS OR SOFTWARE AND (v) SOFTWARE ERRORS WILL BE CORRECTED.

    3. DOWNLOADING OR OTHERWISE OBTAINING OF ANY MATERIALS BY USING THE SERVICES OR OTHERWISE IS FULLY AT YOUR DISCRETION AND YOUR RISK.; YOU SHALL BE FULLY RESPONSIBLE FOR ANY DATA LOSS OR MALFUNCTION IN YOUR SYSTEM OR OTHER DEVICE ATTRIBUTABLE TO THE DOWNLOAD OF SUCH MATERIALS.

    4. VERBAL OR WRITTEN RECOMMENDATIONS OR INFORMATION RECEIVED BY YOU FROM THE COMPANY OR ITS AFFILIATES OR FROM OR VIA SERVICES DO NOT CONSTITUTE A GUARANTEE HEREUNDER UNLESS OTHERWISE IS EXPRESSLY DESCRIBED OR REFERRED TO HEREIN.

 

  1. LIMITATION OF LIABILITY

 

15.1. YOU STRICTLY UNDERSTAND AND ACCEPT THAT THE COMPANY AND ITS BUSINESS PARTNERS SHALL BE IN NO EVENT LIABLE TO YOU FOR THE FOLLOWING:

 

  1. DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES;

  2. LOSS OF (DIRECT OR INDIRECT) INCOME, ACTUAL OR ANTICIPATED PROFITS, OPPORTUNITIES, GOODWILL OR REPUTATION;

  3. (DIRECT OR INDIRECT) DATA DAMAGES AND/OR CORRUPTIONS OR LOSSES;

  4. LOSSES OR DAMAGES ARISING FROM THE FOLLOWING:

  1. A VIOLATION OF THESE CONDITIONS OR TERMS AND CONDITIONS OF ANOTHER AGREEMENT OR CONTRACTUAL ARRANGEMENT BETWEEN THE COMPANY AND YOU FOR REASONS ATTRIBUTABLE TO THE NEGLIGENCE OF COMPANY AND ITS AFFILIATES, SUPPLIERS, BUSINESS PARTNERS AND/ OR LICENSORS;

  2. YOUR RELIANCE ON THE APPROPRIATENESS, CORRECTNESS, COMPLETENESS, RELIABILITY OR EXISTENCE OF (A) AN ADVERTISEMENT OR A TRANSACTION OR A RELATION BETWEEN YOU AND A SPONSOR OR ADVERTISER WHOSE ADS ARE OFFERED ON OR ALONG WITH THE USE OF YOUR SERVICES (INCLUDING PROMOTIONAL MATERIALS) OR (B) SERVICES (INCLUDING SUCH SOFTWARE, INFORMATION, DOCUMENTS AND MATERIALS SUBMITTED TO YOU AS A PART OF OR WHILE USING THE SERVICES);

  3. CHANGES TO SERVICES, TERM EXTENSIONS OR RESTRICTIONS (INCLUDING SUSPENSION OF YOUR USE OF SERVICES, ACCESS TO YOUR ACCOUNT OR YOUR ACCOUNT DETAILS OR REGISTRATION DETAILS) OR TEMPORARY OR PERMANENT TERMINATION OF THE SUPPLY OF SERVICES (OR ANY PART THEREOF); OR

  4. USE OF YOUR ACCOUNT DETAILS BY A THIRD PARTY OTHER THAN YOU (IRRESPECTIVE OF WHETHER OR NOT YOU ARE AWARE OF THIS). YOU SHALL BE TOTALLY RESPONSIBLE, AND LIABLE TO INDEMNIFY THE COMPANY AGAINST ALL LOSSES AND/ OR DAMAGES THAT MAY BE SUFFERED ON ACCOUNT OF THE THIRD PARTY USE OF YOUR ACCOUNT DETAILS.

 

15.2. IN CASE COMPANY OR ITS AFFILIATES BECOME LIABLE ON ACCOUNT OF THE VIOLATION OF THESE TERMS AND CONDITIONS, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THOSE LOSSES THAT THE COMPANY SHOULD HAVE BEEN EXPECTING IN GENERAL TERMS ON SUCH DATE ON WHICH THESE CONDITIONS ARE ADOPTED DUE TO THE CIRCUMSTANCES KNOWN ON THE SAID DATE.

 

15.3. NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT THE LIABILITY FOR THE FOLLOWING CASES AND EVENTS:

  1. THE COMPANY’S LIABILITY PURSUANT TO APPLICABLE LAWS IN CASE OF DEATH, PHYSICAL INJURY OR FRAUDULENT ACTS OR PRODUCT LIABILITY; AND

  2. THE COMPANY’S WARRANTY AND LIABILITY FOR LOSSES OR DAMAGES THAT CANNOT BE LAWFULLY EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW.

WHERE APPLICABLE LAW IN THE JURISDICTION WHERE THE USER IS BASED DOES NOT PERMIT THE EXCLUSION OF SPECIFIC WARRANTIES, TERMS OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LOSSES OR DAMAGES CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR IMPLIED TERMS OR OF CONSEQUENTIAL OR INCIDENTAL LOSSES, ONLY THOSE STATUTORY LIMITATIONS APPLICABLE IN THE SAID JURISDICTION SHALL BE APPLICABLE FOR THE USER AND THE COMPANY’S LIABILITY AND WARRANTY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW.

 

  1. STATUTORY OBLIGATIONS

 

NOTHING HEREIN IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY THAT CANNOT BE LEGALLY EXCLUDED OR LIMITED. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF SPECIFIC WARRANTY OR CONDITIONS OR LIMITATION OR EXCLUSION OF LOSSES OR DAMAGES CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR IMPLIED TERMS OR OF CONSEQUENTIAL OR INCIDENTAL LOSSES. THEREFORE, LEGAL LIMITATIONS IN ARTICLES 12 AND 13 THAT ARE ONLY APPLICABLE IN THE JURISDICTION WHERE YOU ARE LOCATED SHALL BE APPLICABLE FOR YOU AND OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW.

 

  1. No Third Party Beneficiary

 

Except for circumstances expressly agreed in the Conditions you agree that there shall be no third party beneficiaries of the Conditions.

 

  1. Force Major Events

 

The Company shall not be liable or responsible for its failure to perform its obligations hereunder or delay in performing them in due time due to events that are beyond the reasonable control of the Company, including but not limited to (a) the use of public or private telecommunication networks, (b) governmental acts, decisions, legislation, regulations or restrictions or (c) strikes, lockouts or other industrial disputes, civil commotions, riots, invasions, wars (whether declared or not) or God’s acts.

 

  1. Notices

 

You accept that the Company may send you notices, including those ones about changes to the Conditions, by means of e-mail, regular mail, announcements on Services and/or any other appropriate means.

 

  1. Miscellaneous

 

Entire Agreement. Conditions (including policies, principles or changes such as program policies or legal notices that may be presented to you from time to time) constitute the entire agreement between you and the Company and shall prevail previous agreements between you and the Company in connection with the use of the Services and your use of the Services shall be subject to these conditions.

 

Your use of some other services or services offered by subsidiaries or third party contents or software may be subject to such additional terms and conditions that may be applicable at the time of your use or purchase.

 

Applicable Law and Jurisdiction. Relations between the Conditions and you shall be governed and construed according to Turkish law. The Company and you agree the exclusive and special jurisdiction of Istanbul Courts. Where the law applicable to these Conditions does not permit the enforcement of this Article, such statutory provisions which shall yield such consequences that are closest to the ones from this article shall be applicable.

 

Waiver and Severability. Where the Company does not exercise or perform any right or provision in the Conditions, this shall not mean a waiver from the said right or provision. The Parties agree that if any provision in the Conditions is declared by a competent court to be invalid, the Parties should try their best to fulfil the purposes of that provision under the court order and that other provisions of Conditions shall remain fully applicable and in force.

 

Time-bar Provisions. Without regard to contrary provisions and laws, you agree that any claim or action arising from the Conditions or their use should be filed within one (1) year following the time when such right arises; that otherwise, means for such application or filing shall be exhausted and closed for an indefinite time. This provision does not constitute a barrier for the enforcement of the mandatory provisions of law.