This User Agreement (“Agreement”) is executed and entered into force by and between SİM ATLI (“Company”) residing in Maslak AOS 20.sokak No.641 ,maslak Sarıyer, İstanbul and the person registered in https://simandroz.com/ website (“Website”) operated by the Company as user (“User”) electronically accepting this Agreement.
Subject and Scope of the Agreement
The subject of this Agreement is to provide a framework for the procedures and fundamentals regarding products, discounts, prices, pictures, images, texts, videos and other content (all of them together as “Content”) accessed via the Website or shared on the Website, designating the terms and conditions regarding the User to benefit from services presented by and on the Website and the regulation of rights and obligations of the parties accordingly.
Any rule, announcement and declaration presented through the Website regarding the use or conditions of the Website is deemed an integral part of this Agreement and the User shall accept with this Agreement that he/she accepts any rule, announcement, notice or declaration to be found on the Website in advance.
Rights and Obligations of the Parties
2.1.The User accepts and declares that he/she is aware that the User must provide precise, accurate and up-to-date information requested by the Company and accept this Agreement in order to be able to use the Website and that the Company may request additional information and documents from the User. The User accepts that in case of access to the Website from their social media accounts, necessary authorization and consent shall be deemed to be have been provided to the Company for access to the relevant accounts within the scope of this Agreement.
2.2.In case a change occurs regarding the information provided while establishing the user status or at any other time, such information shall be updated immediately. The Company shall not be responsible to the extent that the User cannot use the Website due to the reason that provided information is not complete, accurate and up-to-date.
2.3.The User declares that he/she has the required legal capacity to execute this Agreement. The User under no circumstances shall assign the account, username, password and user profiles to another user or let third parties use them.
2.4.The User is personally responsible for the utilization and management of all information including accounts that enable the use of the Website, username and password. Any operation conducted with the account, username and password belonging to the User shall be deemed to be carried out by the User and the User shall solely be responsible for the damages suffered by the User and/or third persons due to the usage of these information by another person, loss or change of hands. The User shall immediately notify the Company after such unauthorized usage of the password or any other violation of privacy comes to his/her attention.
2.5.The User shall abide by this Agreement and conditions that may be published on the Website as well as laws, morals and the honesty principle and shall not partake in any behavior that may affect the functioning of the Website or activities that violate or that may violate the rights of third persons during all his/her activities conducted on the Website.
2.6.All rights concerning software, visuals and designs, texts, logos and graphics on the Website belong to the Company. Within this scope; copying, reproducing, using beyond the scope defined under this Agreement, transmitting or processing information, images, texts, documents and/or software and Content provided by the Company within the scope of the Website is absolutely prohibited. Additionally, it is absolutely prohibited for the User (i) to engage in actions which may threaten the security of the Website and the Company and/or may harm other users, to attempt anything hindering the use of the Website by other users; (ii) to impose any unnecessary burden on the Website or the system resulting with the same effect, to access Content published on the Website or provided by others without authorization, to copy erase, alter these information and Content or attempt to these actions; (iii) to engage in activities that threaten the general safety of the Website and/or that may harm the Company or other users (iv) to use or attempt to use software effecting the Software’s functioning; to hinder, impair, reverse engineer, attack, occupy or interfere with the functioning of any software, device and servers in any way, to attempt to gain access to Company’s servers.
2.7.Content on the Website is solely shared by the Company or third parties that have an agreement with the Company and the User accepts that; the Company does not have any liabilities; including whether the Content shared on the Website is correct, it’s quality, originality, correctness and completeness of written and/or visual statements and the Company is under no obligation to undertake or guarantee the aforementioned matters.
2.9.The User accepts that access to the Website may be temporarily interrupted in order to implement improvements and other changes on the Website.
2.11.The User is responsible for any legal, administrative and penal liabilities arising from the use of the Website and performance of the relevant operations via the Website. The Company may not be directly and/or indirectly held responsible in any way for the damages suffered or damages that may be suffered in the future by third persons in consequence of unlawful actions by the User, the activities engaged in by the User on the Website and/or during the transactions. Any requests from third parties in this regard and any damages suffered by the Company as a consequence of omission of the obligations of the User stated in the relevant legislation or originating from the Agreement shall be retracted from the User along with the accessories.
2.12.The User accepts, declares and undertakes that; the sales of the products on the Website depend on the execution of a separate agreement, products in the shopping cart shall not be reserved for the User until the purchase is complete, provisions from legislations regarding consumers shall be applicable to purchases made via the Website.
2.13.The User accepts, declares and undertakes that, in cases the Company provides services as an intermediary service provider on the Website, any objection, inquiry, problem, complaint, state of stocks and requests regarding safe fulfillment of payment transactions, returns concerning the product or service presented, claims regarding defective goods and services, requests for returning goods/services in particular within the scope of the Law on the Protection of Consumers No. 6502, the only adressee is the party that provide the product or the service, that the Company is not a party to transactions regarding products and services provided by third parties and does not perform any operations arising from the legislation.
Limitation of Liability
3.1.The Company shall not be liable for any direct or indirect damages which may result from incidents other than it’s own gross negligence, from a breach of the Agreement, tort or other reasons related to the access to the Website, use of the Website or information and other data or programs etc. from the Website. The Company shall not be liable for any fault, negligence, erasure or loss of data, delay of a process or communication, computer virus, communication error, theft, destruction, unauthorized access to or alteration or use of records resulting from a breach of the Agreement, tort, negligence or other reasons. It is accepted that the Company is released from visits made to the Website, linked websites or use of the Website and any kind of liability, damages and claims including courts and other expenses arising out of the visits/use.
3.2.THE USER SHALL BE SOLELY LIABLE FOR ALL LEGAL, ADMINISTRATIVE AND CRIMINAL LIABILITY AND THE RISK RELEVANT TO THE USE OF THE WEBSITE. THE USER ACCEPTS, DECLARES AND UNDERTAKES THAT IT SHALL NOT MAKE ANY DEMANDS RELEVANT TO THE USE OF THE WEBSITE FROM THE COMPANY UNDER ANY NAME; THAT THE COMPANY IS NOT GUARANTEEING THE WEBSITE’S QUALITY, THAT IT SHALL BE PERFECT, THAT IT SHALL CORRESPOND TO ALL EXPECTATIONS OF THE USER OR PROVIDING ANY UNDERTAKING. TO THE EXTENT ALLOWED BY THE APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHICH MAY BE INCURRED AS A RESULT OF THE USE OF THE WEBSITE AND THE SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ETC. THE WEBSITE AND OTHER CONTENT ARE BEING OFFERED “AS IS” AND THE COMPANY DOES NOT PROVIDE ANY COMMITMENT OR UNDERTAKING WITH REGARD TO THE AUTHENTICITY, ACCURACY OR SECURITY OF SUCH CONTENT. THE COMPANY DOES NOT COMMIT ANY UNDERTAKING EXPLICITLY OR IMPLICITLY REGARDING THE MERCHANTABILITY, COMPABILITY OR INFRINGEMENT FOR A SPECIFIC PURPOSE OR USE.
3.3.The User accepts and declares that; there may be URLs to other websites and/or platforms, documents or content which are not under the control of the Company through the Website, services belonging to third parties may be offered and such URLs do not have a purpose to support the Website or the person that manages the Website or provide the services and do not carry a declaration or a guarantee towards the Website or the information on the Website, the Company shall not have any liabilities regarding the platforms, websites, documents, content, services and products accessed via the aforementioned links.
3.4.The User accepts and declares that the availability and quality of the Website and content presented via the Website substantially depends upon the service quality provided by the relevant internet service provider, that the Company is not responsible for any problems arising from such service quality, that the Website is not free from defect and that there might be technical malfunction or access complications from time to time.
3.5.The User accepts that the Company does not guarantee that there shall be no virus, worm or other types of attacks or unauthorized access to the Website or that there shall be no transfer of information to or from the Website.
The Company shall not be liable in the event of not fulfilling or late or incomplete fulfilling of the obligation based on this Agreement in cases of force majeure. Events occurring outside of the relevant party’s control including but not limited to natural disaster, riot, war, strike, lockout, malfunctioning of telecommunication infrastructure, power outage and bad weather conditions shall be regarded as force majeure. The liabilities and obligations of the parties shall be suspended for the duration of any force majeure. If such force majeure event lasts longer than 1 (one) month, the party whose contractual rights are violated shall be entitled to terminate this Agreement.
Suspension, Assignment or Termination of the Agreement
5.1.In the event that the User violates this Agreement, as well as other terms and conditions stated on the Website; or the activities of the User, particularly sharing of Content, form legal technical or information security risks or in any way prejudice private and commercial rights of third persons, the Company shall be entitled to suspend the User status or terminate the Agreement in the manner specified hereinafter. The User may not assert any claims to the Company in this regard.
5.2.The Company shall be entitled to terminate, temporarily or permanently suspend the Website and/or the Agreement at any time.
5.3.The User shall not assign this Agreement or rights and obligations originating from this Agreement to third parties without explicit written consent from the Company. The Company holds the right to assign rights and obligations, originating from this Agreement, to third parties.
In the event of any dispute relevant to this Agreement, provisions set out in this Agreement shall be applied primarily and for cases for which there are no provisions, Laws of the State of New York shall be applied. İstanbul Central Courts (Çağlayan) and Execution Offices shall have jurisdiction in all disputes arising from this Agreement.