BV İş Geliştirme Dan. Ve Org. Hizmetleri A.Ş.
If you do not agree to the terms and conditions set forth in this Agreement and / or the Policy, you may not use the Product, the Service and the Content, directly or indirectly, for any purpose.
The terms “User” and “You” defines real or legal individuals who have visited the Platforms or created a Company user’s account (“User Account”) or who uses a Product, Service or Content that is being provided by the Company. The terms “Company” and “We” defines, BBV İş Geliştirme Dan. Ve Org. Hizmetleri A.Ş..
This Agreement is signed between the Company and the User.
During this effectiveness of this Agreement, the Company and the User shall be referred to separately as the “Party” and together as the “Parties”.
This Agreement is concluded to determine the rights and obligations of the Parties regarding the acquisition and/or use of any Product, Service and/or Content by the User, including purchases through the Platforms.
3. USER ACCOUNT
The User must create a User Account to carry out any activities including any type of usage, to access to his/her User Account or Contents and Platforms and/or to benefit from the Services.
The Company may require You to provide invoice information in order to fully comply with legal procedures related to the Products or Services purchased from the User Account. The User agrees that he/she shall not act as a third party while providing the personal information requested by the Company and shall share up-to-date, complete and accurate information about himself/herself.
The Company is solely responsible for determining and modifying the circumstances for which the use of a User Account is necessary for the use of a Product or Service. Accordingly, for circumstances for which the use of a Product or Service is dependent on the existence and usage of an User Account and for acquiring an User Account, you must (i) select a suitable user name and password, (ii) accept the terms and conditions necessary for registration and (iii) provide other documents and information necessitated by the Company. We undertake to process and store your personal information in accordance with the purposes and rules set out in the Policy.
The Company has designed the Product, Service and/or Content for your personal use. You must not share your User Account information, especially your private password, with any third parties, including family, friends or other persons. The User or any third party is not entitled to make any claims or assertions against the Company for unauthorized use of your User Account. Third parties using your User Account have no rights under this Agreement, however, even in the cases of third party usage of an account, third parties are also obliged to comply with all obligations that the User has under this Agreement.
In the event of unauthorized access to your User Account, you must notify Us immediately so that we can take the necessary security measures to secure your User Account. In this process, the Company may ask You to answer specific questions to ensure that you are the legal owner of that User Account.
THEREFORE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO RIGHT OF POSSESSION OR OWNERSHIP IN REGARDS TO YOUR COMPANY USER ACCOUNT, AND YOU AGREE TO THE FACT THAT THE USER ACCOUNT BELONGS TO THE COMPANY.
4. GENERAL PROVISIONS
You may not use Your User Account in a manner that violates the intellectual property rights of US or any third parties that the Company has a contractual relationship with.
Your User Account must be used in accordance with this Agreement and the applicable laws. Accordingly, the following User actions, including, but not limited to those listed below, shall be considered a violation of this Agreement and the User shall be solely responsible for any damages and claims that has arisen to due to the actions of the User, including the legal and penal responsibilities that have arise in the wake of such losses. In such cases, the Company may also temporarily or permanently suspend or cancel your User Account without notice and without prejudice to any of its other rights:
(i) the creation or use of tools that bypass technological protections, automation software, hacking, mods, or any other unauthorized third-party software designed to alter the Service, the Content, and any Product or any User experience;
(ii) the use of the Company Services, Products, Contents, or any part of thereof for any commercial purposes;
(iii) the purchase or sale of the provided Company Services, Contents or Products, in return for money, goods or other resources, without the consent of the possessive third party,
(iv) the purchase or sale of a User Account in exchange for money, goods or other resources;
(v) the use of any unauthorized third party software or collecting information through any Service, Content or Product;
(vi) the modification or alteration any Content that is a part of any Service or Product in any manner that is not expressly permitted by the third parties that own the said Services or Products;
(vii) in regards to any Company Services or Products, the creation of any direct or indirect connections to (a) any unauthorized servers that imitate or copy the Services or Products of the Company or (b) any programs or tools that are not expressly approved of by the Company and or using or facilitating or maintaining such connections,
(viii) planning or engaging in any illegal activities,
(ix) the removal or prevention of technical measures that we employ to provide Company User Account or Content to you, or creating unreasonable or disproportionate load or traffic on the infrastructure of the Company or its contractors;
(x) the use of any bots, spiders or other automated means to access your Company User Account or Content regardless of the purpose,
(xi) investigating, scanning or testing for security vulnerabilities through your Company User Account or Content (including, but not limited to, any system, network, policy, security component, authentication or protection measures);
(xii) in regards to a single transaction, taking any action that may lead to unjust enrichment in favor of the User by making collections from BV Crypto, its contractors, the payment system or providers of the same system;
(xiii) selling, trading or commercializing your Company User Account or Content (or any portion thereof) for any purpose;
(xiv) sharing/publishing any content or ads through your Company User Account or the Platforms provided by the Content with the purpose of advertisement,
(xv) through your Company User Account or through the Platforms that are provided to you via the Content, sharing or publishing any content that is against the laws or moral rules, especially those which include attacks or disturbing meanings against any third parties, minorities or any other parts of the society via a choice of words which employ vulgar, rude or threatening words, regardless of such action taking place through veiled or overt methods,
(xvi) acting as any other person or entity or otherwise misrepresenting yourself;
(xvii) controlling a User Account linked to another User Account which has violated any provision of this Agreement;
(xviii) attempting to infringe any copyrights or other similar intellectual property infringements;
(xix) providing/disseminating false, untrue, misleading or defamatory information about the Company or its Content (including, but not limited to, its employees, representatives, shareholders and any contractors);
(xx) taking any action that may cause Us to lose any Service that is provided to us by our internet service providers, contractors, payment system providers, solution partners and other suppliers.
You can benefit from our Services and Products, create a personal User Account or download any Content only if you are a “natural entity” and are over 18 years of age. Please note that that certain features of Products and Services or some of the Products may not be suitable for minors. Companies, partnerships and other legal or commercial entities may not download Content and/or create a User Account. Persons prohibited by the Company from using the Products, Services or Contents may not access Products, Services or Contents or create or use a User Account. By accepting this Agreement, you agree and undertake that you have met these eligibility requirements. If the Company becomes aware at any time that you have opened a User Account without meeting the above conditions, it reserves the right to suspend, terminate and/or delete your User Account.
We do not guarantee the continuous or uninterrupted availability of Contents, Products or Services offered on the Platforms. The Company and its Products and/or Contents may be closed off for access or be inoperable due to including, but not limited to, repairs, replacements, maintenance, equipment/system failures, technical problems or other any reasons that are not within our reasonable control or any other reasons that may not be predicted within reason.
Additionally, the Company reserves the right to lock, suspend, alter, cancel or deny access to your User Account or to Contents or to take necessary technical precautions in regards to the User Account or Contents for any reason including, but not limited to, those listed below:
(i) enforcing and preventing actual or potential violations of this Agreement and the applicable legislation;
(ii) maintaining the integrity, stability, reputation and reliability of the User Account and the Contents,
(iii) making a defense in regards to any legal case or preventing penal or legal responsibility that may arise in regards to a lawsuit that may potentially be sued, without the need for a final judgment,
(iv) enforcing decisions or judgments of courts or other administrative authorities.
You acknowledge and agree that the Company shall have no liability for any User Account or Content that is inaccessible or inoperable for any reason.
6. INTELLECTUAL PROPERTY
All intellectual property rights in regards to the Products, Contents and/or Services, including text, graphics, user interfaces, visual interfaces, software, scripts, source codes, API’s, photos, sounds, music, videos, interactive features, trademarks, logos, and any other elements of the aforementioned belong solely to the Company and they are under the use of the Company in accordance with the license agreements and they are being protected by intellectual property laws and/or any other laws that are in effect.
You hereby agree to not to copy, modify, lend, sell, rent, lease, license, download, process, reproduce, distribute, transmit, publish, view, or create derivative works of the Content or Products or to benefit from this Content for any purpose whatsoever.
Neither any provisions of this Agreement nor the usage or purchase of any Company Products, Services or Contents grants you with any rights of property or provides you with other licenses or rights, as the aforementioned may only provide you the right for personally using these Contents, Products or Services within the boundaries of good will in accordance with the Agreement.
You may not use the Content, Products, and/or Services for any purpose other than those permitted by the Agreement or the laws that are in effect or for any purpose that is in excess of the access provided to you. You may not create copies, reproduce, publish, distribute, translate, reverse engineer, derive source code from, alter, disassemble, reassemble, produce derivative products from, remove the tag from or produce registered trademarks or advertisements with the use of the Contents, Products and/or Services without the express written content of the Company, unless such actions are allowed within the scope of this Agreement (including the Policy).
Some Content, Services, or Products may only be offered for a certain period of time. Therefore, you agree, declare and undertake not to use, maintain, copy, disclose or share with third parties or access this Product, Service or Content in any way after the expiry of this period. For this reason, you agree that you are solely responsible for such actions, even if the Content, Service, or Product remains within your User Account after the of the Content, Service or Product is expired.
7. NON-LIABILITY DISCLAIMER
PRODUCTS, SERVICES AND CONTENTS THAT ARE PROVIDED IN ACCORDANCE WITH THIS AGREEMENT IS PROVIDED “AS IT IS” AND “AS IT IS AVAILABLE” AND WITHOUT ANY EXPRESS OR IMPLIED PROMISES IN REGARDS TO BEING TRAFFICABLE, BEING FIT FOR A CERTAIN PURPOSES, BEING A PROPERTY OR NOT BEING A SUBJECT TO ANY VIOLATIONS. THE COMPANY MAKES NO WARRANTIES IN REGARDS TO YOU BEING ABLE TO ACCESS THE RELATED PRODUCT, SERVICE OR CONTENT AT ANY TIME YOU MAY DEEM NECESSARY, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE PRODUCT OR SERVICE IS COMPLETELY FREE OF VIRUSES OR OTHER MALICIOUS COMPONENTS.
THE ENTIRETY OF THE RELATIONSHIP BETWEEN YOU AND THE COMPANY IS REGULATED IN THIS AGREEMENT.
THE COMPANY AND ITS SUBSIDIARIES OR PARTNERS, SHAREHOLDERS, OFFICERS, WORKERS, ADVISERS AND ANY OTHER RELATED THIRD PARTIES SHALL HAVE NO RESPONSIBILITIES IN REGARDS TO THE INTEGRATION OF THE PRODUCT, SERVICE OR CONTENT THAT IS PROVIDED BY ONLINE MARKETPLACES OR INDIVIDUAL SUPPLIERS AND THE COMPANY ALSO SHALL HAVE NO RESPONSIBILITY IN REGARDS TO (I) THE LACK OF INTEGRATION FOR ANY DOWNLOADED OR ACCESSED PRODUCTS, SERVICES OR CONTENTS AND (II) THE HARDWARE NOT BEING ABLE TO RUN THE PRODUCT, CONTENT OR SERVICE, REGARDLESS OF THE EMPLOYED METHOD.
SOME OF THE CONTENT OF THE COMPANY MAY REQUIRE MEMBERSHIP FOR USE. IF YOU DOWNLOAD OR PURCHASE SUCH CONTENT, YOU AGREE THAT THE COMPANY WILL NOT BE DIRECTLY RESPONSIBLE FOR ANY ISSUES THAT MAY RESULT FROM THIS MEMBERSHIP. ADDITIONALLY, THE COMPANY DOES NOT ACCEPT ANY RESPONSIBILITIES THAT MAY ARISE UNDER THE RELATED LAWS AND REGULATIONS FROM YOUR MEMBERSHIP.
8. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY AND ITS SUBSIDIARIES OR PARTNERS, SHAREHOLDERS, OFFICERS, WORKERS, ADVISERS AND ANY OTHER RELATED THIRD PARTIES BE RESPONSIBLE FOR ANY INDIRECT OR INCIDENTAL DAMAGES BORN OF THE USER USING OR NOT USING THE PRODUCTS, CONTENTS OR SERVICES, INCLUDING ANY LOSSES OF INCOME OR PROFIT, ANY LOSSES OF INFORMATION OR POTENTIAL OR ANY LOSSES OF ECONOMIC BENEFIT, REGARDLESS OF SUCH DAMAGE BEING CAUSED BY CONTRACTUAL OR PENAL CIRCUMSTANCES OR BY DEFECTS OR NEGLIGENCE.
TO THE GREATEST EXTENT ALLOWED BY THE LAW, THE USER AGREES THAT THE TOTAL LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES OR PARTNERS, SHAREHOLDERS, OFFICERS, WORKERS, ADVISERS AND ANY OTHER RELATED THIRD PARTIES IS LIMITED TO THE TOTAL AMOUNT THAT THE USER HAS PAID, IN ACCORDANCE WITH THIS AGREEMENT, FOR THE PURCHASE OF PRODUCTS AND SERVICES WITHIN THE LAST 6 (SIX) MONTHS. THIS LIMITATION SHALL BE IN EFFECT WITH THE SAME AMOUNT, REGARDLESS OF THE BASIS OF THE USER’S CLAIM RIGHT BEING LEGAL OR PENAL.
The Company may occasionally alter the Agreement or the Policy or the terms and conditions that are in effect for the Content, Services, and Products, in whole or in part, for any reason at its own discretion, and it may also attribute new terms and conditions for the aforementioned at its own discretion (collectively “Updates”).
As a rule, the Updates shall be carried out by making notifications through e-mail or the Platforms and they shall be in effect starting with the date of notice. However, some Updates may be notified to You via different methods (for example, pop-ups that may occur during your use of the Service, Content or Product), in which case the relevant Updates shall take effect on the date that Updates is notified to You by the relevant method. It is assumed that, by continuing to access and use the Company and its Contents, Services, and Products, you have automatically accepted the revised versions and the Updates. You are solely responsible for following Updates.
10. FORCE MAJEURE
The Company is not responsible for not being capable of meeting its obligations or providing services due to natural disasters, strikes, work halts, any applicable laws, regulations, government actions, directives, decisions or practices of local or foreign authorities, acts of terrorism, fires, floods, earthquakes, wars, riots or civil unrest, equipment failure, any scarcity in related to any facilities or infrastructure including connection to the internet, and any other circumstances that are beyond the reasonable control of the Company.
If any terms, conditions or provisions of this agreement become invalid, illegitimate or otherwise inapplicable, the term, condition or provisions in question shall have no effect on the validity, legality and applicability of other provisions or documents contained within this Agreement. To the extent practicable, the Parties shall make all reasonable efforts, in regards to the invalid or unlawful provisions, to accept substituted provisions, provided that they have the same commercial effect.
The User may not transfer his rights or obligations under this Agreement to any third party without the Company’s written consent. In the event of any transfer made pursuant to this article, the transferee shall be deemed responsible for all obligations and declarations made by the User.
The Company is free to transfer this Agreement or any rights, powers or obligations related to this Agreement, in whole or in part, to third parties.
13. RELATIONSHIP BETWEEN THE PARTIES
This Agreement shall not be construed as establishing an employer-employee or institutional relationship, a partnership or a joint venture relationship between the Parties.
The Company’s delays or errors in enforcing any of its authority, rights, privileges or legal remedies that are in accordance with this Agreement shall not mean that it has waived the right, authority, privilege or legal remedy in question and such a situation shall neither prevent the partial enforcement of the authority, right, privilege or legal remedy in question nor prevent the enforcement other authorities, rights, privileges or legal remedies.
If a claim of waiver or a waiver of a right, privilege or a legal remedy is not expressly stated in a written document conducted and delivered in the name of the Company, the Company shall not be considered to have waived any claims or any authority, rights, privileges or legal remedies that are born of this Agreement,and any such waivers, unless they are issued for a valid special circumstance, shall have no effect whatsoever.
15. EXACT EVIDENCE
The Parties agree that the Company’s business books and other electronic records generated by the Company’s system shall be considered to be exact evidence for any disputes that may arise between the Parties.
16. APPLICABLE LAW AND DISPUTE RESOLUTION
For this Agreement, the Law of the Republic of Turkey shall be in effect.
Istanbul Çağlayan Courts and Enforcement Offices shall have jurisdiction over any claim, dispute or disagreement that may arise in connection with this Agreement.
BY USING THE COMPANY CONTENT, PRODUCT OR SERVICE, OR ENTERING THE WEBSITE OR THE OTHER PLATFORMS THAT THEY ARE CONTAINED WITHIN, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND AGREED TO THIS AGREEMENT AND OTHER POLICIES AND RULES INCLUDING THE POLICY ANNEXED TO THIS AGREEMENT.
17. CONTACT US
If you have any questions or comments regarding this Agreement, you may send your question or comment to the Company address or Company email provided below. We will try to answer within a reasonable time:
Address: Barbaros Mah. Begonya Sok. NidaKule Kuzey Kat:16 Atasehir/ Istanbul 34746 Türkiye
E-mail: [email protected]