User Agreement

The following User Agreement and other rules, specified in www.insuppliers.com website (“Website”) regulate the terms and conditions for services, offered by Tunçbay Bilişim ve Yazılım Hizmetleri Anonim Şirketi and rules for the use the Website.

The Members are deemed to have undertaken to comply with this Agreement when creating a profile or order over the Website, and Visitors, starting from the moment of acceptance of this agreement or start of use of the Website. In case the conditions are not suitable for you, please do not use the Website or the services provided on the Website.

The Company is entitled to revise the Agreement unilaterally for the purposes of providing continuity and variety of mediation services, technical necessities, which may arise and compliance with legislation. In case of any revision on the terms and conditions of User Agreement, the Company shall publish the updated text under the same link, together with date of update and if deemed necessary, will notify the same to Users via e-mail or SMS. Updated Agreement will take effect starting from the moment of publication on the Website and the use of Website or services thereon will be subject to the terms and conditions of revised Agreement. If you do not accept revised terms and conditions, do not use the Website and the services, offered on the Website and/or make a request for termination of your membership.

 

USER (Visitor and Membership) AGREEMENT

PARTIES AND DEFINITIONS

Article 1– Parties

This User Agreement (hereinafter will be referred to as “ Agreement”) has been made by and between:

a. Tunçbay Bilişim ve Yazılım Hizmetleri Anonim Şirketi, domiciled at the address “ Vişnezade Mah. Süleyman Seba Cad. Workinton No:79 İç Kapı No: 1 Beşiktaş/İstanbul ” (hereinafter will be referred to as “Company”)

and

b. The members, using the www.insuppliers.com website of the Company (hereinafter will be referred to as “Website”) and visitors

(Company and Website Members and Visitors hereinafter will be collectively referred to as “Parties”) subject to following terms and conditions.

Article 2 – Definitions

In this Agreement;

a. Content ; shall mean all kinds of audio-visual information and documents, such as images, photographs, figures and inscription regardless of format, published on the Website and/or transferred/uploaded to Website;

b. Member ; shall mean all kinds of sole trader and capital companies, including all real person merchants and ordinary partnerships, who have registered to www.insuppliers.com website,

c. Administrator ; shall mean real persons, authorized to manage the accounts of Members,

d. Visitor ; shall mean persons, who visit the Website without becoming a Member and who use services of the Website with limitations,

e. User ; shall mean all of Member, Administrator or persons, who own an account in the name of a Member even if they have no administrative authorities,

f. Service ; shall mean principal and on-demand services, provided by Company under the Website,

g. Database ; shall mean the member database, formed with Member logins and information and documents, transferred and uploaded by Members and/or created as a result of selection and compilation of data and material, which is readable with a device or other means.

.

SUBJECT AND ACCEPTANCE OF THE AGREEMENT

Article 3 – Subject of Agreement

3.1. The subject of this Contract consists of the issues of visit to Website, membership to Website, conditions related to use of Website and rules for online meeting, promotion and other on-demand services, offered via Website by the Members, rules to be observed on Website, confidentiality provisions of Company and provision of information to Users concerning the rights and obligations of the parties.

3.2. The Company is not the provider of on-demand services, given on the Website. Company is only an intermediary for these services and is not responsible for the content of provided service. The Company provides no guarantee of performance or quality for provided service.

3.3. The Company is not the provider and/or intermediary for services, which will be procured by Members from each other. The Company is only the provider of a medium, on which the parties will meet each other and is not obliged to control the content, provided by real and legal entities, who use medium of provision of service, and to investigate whether there is an illegitimate activity or situation concerning such content or goods or services, subject to such content.

Article 4 – Acceptance of Agreement

This Agreement is binding on all Users, who use the Services, provided on Website by the Company. By visiting the Website, using the Services or by registering on the Website as member, all Users, who use the Website, hereby agree that, they had read, understood and accepted the entire of this Agreement, Privacy Policy, PDPL Text and other specified information and agreements and will act in compliance with all kinds of terms of use and related legislation, specified in this Contract and published by the Company on the Website and related legislation.

PRELIMINARY CONDITIONS FOR USE

Article 5 – Preliminary Conditions concerning Use

5.1 Website is available to visit by all, however, access is subject to restrictions depending on user types and preferences. Users are deemed to have undertaken to comply with this Agreement hereby and all terms of use, published on website and ancillary legislation when visiting the Website and using the services, offered by the Company or third persons on the Website, or providing services to persons, with whom they met on website, and all international conventions as applicable.

5.2 The Visitor may access the information and services on the Website, at the restricted scope and number, offered by Company. Within this framework, Visitors, without becoming a member, may enjoy certain Services, such as, viewing Premium Member profiles for once in exchange for a fee, to view open profiles, created by Premium Members, access to contents, such as sectoral news and reports, publications and blogs, making newsletter registries, access to advertisements, questionnaires and campaigns on Website, whose continuity is at the discretion of Company. The Visitor, who wishes to procure services from or to offer services to one of the firms, determined on Website or to use On-Demand Services, specified hereunder, has to become a Member in the Website.

5.3 It is mandatory to complete the mandatory fields, required for Membership. Applicants for membership hereby unconditionally agree and declare that the information, provided in mandatory fields is accurate.

5.4 Users hereby agree that the Company may access to information, provided by Users, in compliance with Privacy and PDP Policy provisions and privacy settings, and record and use the same.

5.5 Users hereby agree that on visiting the Website, JavaScript codes, cookies (text files, used to obtain login information on Website and similar data and used to identify user) or similar tracking data may be installed on their computers for the purpose of analysis of site use data.

 

MEMBERSHIP MODELS, PROVIDED ON THE WEBSITE AND RULES, RELATED TO SERVICES

Article 6 – Membership Models

6.1 It is essential to become a member to Website to enjoy principal services, offered by Website. Membership may be provided in two different forms.

a. Employer Membership: Is the type of membership, which will be preferred by persons, whose purpose is the procurement of products and services, which may be required during their commercial activities .

b. Vendor Membership: Is the type of membership, which will be preferred by persons, whose purpose is the provision of products and services, offered in course of their commercial activities, to companies in need of these services.

6.2 Employer Membership (Pro Membership) is a paid membership and it is possible to become member on a monthly or annual basis. Payment may be made on a monthly or annual basis. Employer Members may enjoy following services:

⮚ Ability to classify visibility on Website

⮚ Search for vendors on search page

⮚ *Exclusive services

⮚ Vendor market research reporting service (is an On-Demand Service and is subject to extra charge)

⮚ Vendor rating service (is an On-Demand Service and is subject to extra charge)

⮚ Vendor audit reporting service (is an On-Demand Service and is subject to extra charge)

6.3 Vendor Membership has two types, namely “Standard Membership” and “Premium Membership.” While Standard Membership is free, it only allows access to free services, offered to Vendors by Website. Premium Membership is only available for annual registration. Payment may be made as monthly installments or in advance for full year.

Standard Members may enjoy following services:

⮚ Creation of restricted firm profile

⮚ Addition of data to “Company Information” field

⮚ Description of service and expertise with 3 entries

⮚ Addition of unlimited documents

⮚ In company search, use of search criteria title only subject to entered information

Premium Members may enjoy following services:

⮚ Creation of full firm profile

⮚ Unlimited description of service and expertise

⮚ Addition of unlimited documents

⮚ Addition of unlimited images

⮚ Customer creation

⮚ Creation of references

⮚ Reference confirmation and receipt of customer comments

⮚ Selection of filters according to membership type in company searches

⮚ Authority to restrict profile access depending on membership type

⮚ Dispatch of preferential message and/or email to Employer Members (subject to extra fee)

⮚ Authority to make profile available to visitors (subject to extra fee)

6.4 Company reserves the right to make changes on membership models, covered services and pricing.

6.5 Membership fee will be determined according to the tariff for membership type, applicable as of that date during purchase procedure and validity date will also be specified. When purchasing membership service, payments are made via bank transfer, EFT, SWIFT and similar money transfer methods or credit card. Credit card or bank card information, allocated for automatic payment of membership fee in monthly or annual terms, may be stored for subsequent payments under the security, provided by payment integration company, providing support for payment systems. (For detailed information, please see Privacy and PDP Policy)

6.6 The Company is only responsible to deliver necessary instructions to payment integration company for payment and/or return of related fees. All responsibility for security of transactions, made by related establishment and storage of user information, belongs to the related company.

6.7 Transition between membership models (vendor and employer) may be made with a request to be filed to Company via e-mail.

Article 7 – Principal Services

7.1 The principal service, provided by the Company, is the provision of a forum to enable Members and Visitors, operating via this Website, to find and contact someone, suitable for their expertise, experience and capabilities, to exchange ideas, to obtain various information in sectoral sense, to create various opportunities or cooperation and to keep all Users on a platform, based on mutual trust.

7.2 All information and documents, published on Website, are open to use for all kinds of user persons, establishments, software or service, subject to restrictions, determined by the Company.

7.3 While there is no need to create an account for use of certain services on the Website, Visitors will enjoy only limited services and in services, which are dependent on provision of certain information due to the nature of the business, Visitor, who has failed to provide such information may not enjoy rights and authorities, provided by the Website.

7.4 Information and documents concerning Members, given in the Website, are added, uploaded, sent, transferred or modified by the Member. All responsibility for all kinds of Content, provided by Member, and accuracy, actuality of such Content and its compliance with all laws, regulations and rights of third persons, confidentiality or publicity, shall belong to Member, providing such content and the Administrator, who is the authority of such Member.

7.5 The Company does not undertake and warrant that information, documents and/or written, visual, aural and figurative expressions and symbols, are authentic, reliable, correct and compliant with law. The Company has no obligation to control and verify such Content. All these issues are under the responsibility of Members and the Administrator as the authority of such Member, who perform transactions and/or actions.

Article 8 – On-Demand Services - Exclusive Services

8.1 Company, on demand by Employer Members, offer consultancy to Members for provision of following services in exchange for a fee and referral to related companies.

a) Technical Audit and Supervision Analysis Report Service Package

b) Commercial Performance Analysis Report Service Package

Said services are offered to Members by specialized “valuation, audit and supervision companies.” Rules and procedures for said packages will be determined in the provisions of contract to be made by and between Member and “valuation, audit and supervision company.”

8.2 Members hereby agree and undertake that they will exercise due care to enable the “valuation, audit and supervision company,” referred by the Company hereunder, to conduct necessary audit and supervision and to create the most accurate and correct report and to provide information and documents, requested by valuation, audit and supervision companies.

8.3 Members hereby agree and undertake that they will allow delivery of one copy of the report, prepared by valuation, audit and supervision companies, to the Company.

8.4 For preparation of said audit reports, comprehensive contracts will be made between Members and valuation, audit and supervision companies concerning these services and information sharing, confidentiality and related issues. Responsibility for making such contracts, and liability for compliance or breach thereof, belongs to “valuation, audit and supervision companies.” The Company is not a party to said contracts and is only an intermediary.

8.5 The Company does not undertake and warrant that information and/or documents, created by valuation, audit and supervision companies, on the basis of the information and documents; presented by Members, are authentic, reliable, correct and compliant with law. The accuracy of information, documents, written, aural, figurative expressions and symbols, created by valuation, audit and supervision companies is entirely under the warranty of said companies and Company has no obligation or responsibility to investigate all these issues.

Article 9

Detailed information concerning all paid services and membership models, presented in the Website, is provided in Pricing Page.

 

CONDITIONS AND RULES FOR MEMBERSHIP

Article 10 – Membership Conditions

10.1 Real persons, who want to become a member to Website and Administrators, who will represent a legal person, must be over 18 years of age and must not be subject to any restrictions to exercise civil rights in line with legislation in Turkey and/or governing jurisdiction.

10.2 Real persons, who wishes to be an Administrator on Website on behalf of a Member, must possess all authority to make a membership registration in the name of the Member and to represent Member in accordance with the legislation of Turkey and/or governing jurisdiction.

10.3 In accordance with the governing rules of law, Members must satisfy conditions to perform the works and procedures, specified in profile information, must not be subject to any restrictions and in case they identify themselves as a company, must possess this title.

10.4 Administrator Member and Members are obliged to present the following information in accordance with legislation on registry;

a. At least one of the actual name, commercial title or registered trademark information of the member,

b. KEP address for service,

c. MERSİS number,

d. Head office address and approved phone number.

10.5 By completing related fields and by filing an application, real or legal person applicants hereby unconditionally agree and declare that they satisfy all conditions, sought for membership and all information, provided by them, is true. All liability due to incorrect or incomplete information, exclusively belongs to the applicant.

Article 11 – Registration and Authorities

11.1 On presentation of necessary information by the Member with registration, the Member will be registered and Membership will be deemed to have started. With the commencement of membership, a profile, in which the Member may add all kinds of information and documents concerning specified issues, is created on behalf of Member. Information and documents in the profile, created by Member, may be viewed by all users, other than the exceptions in User and Membership models in the Website. In addition, on commencement of Membership, all of the database, published on Website, will be made available for viewing by Member.

11.2 In case the User has registered to Website with a LinkedIn account, User will be deemed to have agreed and declared its consent to access to information and documents, published in LinkedIn profile in line with services, provided by the Website.

11.3 As a rule, each Member may open only one account.

11.4 Accounts of Members are managed via Administrators, registered in the Website.

11.5 Administrators, who will manage the accounts of Members and non-administrator account holders, who are able to use the accounts with limited authority, are obliged to present following information to Website for registry.

a. Title

b. Name Surname

c. E-mail account

d. Telephone number

11.6 Administrators may register more than one Members to the Website.

11.7 Accounts of all Members are managed through linking the same with the communication information of Administrators. On request by Administrator, other real persons may also be given the authority to use the account of Member with different passwords. These persons may be given Administrator authorities, the authority to use the account may be revoked by Administrator and these accounts may be closed by Administrator. On expiry of the authority of Administrator before Member, the Administrator is obliged to notify this issue. Otherwise, all liability, which may arise, shall exclusively belong to Administrator and Member.

11.8 Website or Company shall not be liable for damages, inflicted on Members by Administrators. Members are liable for actions of the persons, authorized to act on Website. Website is not obliged to control the posts, published by these persons.

11.9 Member must define a strong and safe password when performing membership procedures. Member may change the password anytime through Administrator. Protection and confidentiality of this password is entirely under the responsibility of Member and Administrator. Other than the exception, given in Article 11.6, the Member hereby agrees that it will not allow anybody else to use and/or access the account in part or in whole. Member hereby agrees and undertakes that Company is not liable for problems, which may arise from the use of passwords and it will not be relieved from liability against the company on these grounds. Member is liable for all transactions/uploads during the term of Membership unless the account is canceled or an acceptable notice concerning abuse, is made. The Company is definitely not liable for problems, which may arise from the use of password on Website.

11.10 Administrator and Members hereby agree that in order to use the services, provided by Company and to receive important notices, they may be contacted via Website, mobile applications, telephone and e-mail, and within this framework, additional information could be shared.

Article 12– Content Sharing

12.1 While the information, documents, photographs and Content in all formats, added, uploaded, sent, transferred, modified to Website or shared with other by Users, shall be the sole property of Member, a Content may be viewed, copied, stored and/or used by other Users. By using the Website, the Users hereby agree these in advance.

12.2 Real persons, who represent the Member as Administrators, must be authorized to represent related Member, to upload, publish or share information, documents or other documents, concerning the same. Administrators, who perform said transactions hereby declare, agree and undertake that they have the authority to represent and other authorities, and otherwise, all liability will belong to them.

12.3 Member hereby agrees, declares and undertakes that it will grant a license to Company for use, distribution, reproduction, processing, publication rights on all kinds of information, documents, photographs and Content, during the term of Membership and for a reasonable time after termination of Contract in compliance with the purposes of the Contract and offered service, without limitations in terms of location and number. Company is entitled to use the commercial title and logo of Member on its social media accounts and in printed and visual press for advertisement purposes. Users hereby consent to processing of their personal data for marketing and performance of services hereunder and sharing the same in compliance with purposes hereunder. ( For detailed information: See Confidentiality and PDP Policy).

12.4 If necessary, the Company is entitled to transfer Members’ data to third party collaborators. Members hereby agree that the data, uploaded to Website, may be shared with third persons. With this information sharing, it is aimed to provide networking service, which is the principal objective of Website, smoothly. When transferring members’ data to a third person, the Company shall make a comprehensive contract with such third person for protection of confidentiality of data. In line with the contract, liability in case of disclosure/breach of members’ data belongs to the contracted third party. Confidentiality contracts with third parties may be furnished on request by members. Website or Company shall not be liable for any problems which may arise between users or damages, which may arise from the use of information of a Member by another Member for advertising, marketing, personal, etc. purposes or sharing with third persons or transfer of the same.

12.5 By deleting the Contents, provided by Members from Website and/or cancellation of account, it is possible to revoke permit for some Contents. However, in case it is necessary to keep the Contents on the system for a reasonable time due to legislation or nature of service or in case a certain time has to pass before removal from the system, it is deemed that the license continues limited to these terms and rights. Company is not responsible for copying and/or storage in any other way whatsoever of posts, made on Website by other Users. It will be possible to view, copy and store the information, directly sent to users, messages and other transfers and/or the Content, accessed by Users from Website.

Article 13– Rights of Members

13.1 Within the framework of the scope, determined by the Company, Administrators and Members are entitled to share all kinds of information, logo and documents concerning them, disclose their membership and announce collaboration, to make promotion and statements, to establish social networks, to exchange ideas according to fields of expertise, to obtain various sectoral information and contact with other Users for all other purposes and to hold talks with Visitors to create various cooperation and opportunities.

13.2 In case the time of publication of all contents, added, uploaded or modified by Member to its account, is left to the choice of Member, it will be limited to the choice of Member. It is possible to subject the choice of Member to certain restrictions and/or conditions depending on Website policy and amendments on legislation. In this case, the choices of Member are considered within the limits of these new changing conditions.

13.3 According to Website policy and amendments in legislation, the accounts, belonging to Members may be made available for user comments.

13.4 Member, at any time, may terminate/close its Membership on Website. This procedure may only be conducted by Administrator. Other account holders, who have no administrative authorities, may not conduct Membership termination procedure. On termination of membership, the account of Member will be closed to access by Users and the Contents, previously published concerning the account, will be closed to access by Users at the end of a time period, which may vary depending on technical capabilities and system load. Some information, previously published on this account, messages notices, sent to other Members and/or some other information, which may be added to these in the future, may remain open for access to users even if the account of Member is terminated. Exceptions under Article 12 concerning Content Sharing, are also applicable to Access to Content. Rules and procedures for termination of Membership are regulated in Articles 15 and 16.

Article 14 – Obligations of Members

14.1 Member hereby agrees and undertakes that it will not upload or send to Members any Content, which causes infringement of intellectual property rights and which contains intimidation, violence, insult, harassment, pornography or nudity, encouraging crime, racial and ethnic attacks and which may constitute crime in the sense of criminal law and general moral values, and during the term of the use of Website and the services of Website, will act in compliance with all applicable laws in Turkey and/or the governing jurisdiction, including, without limitation, general moral values, personal rights, copyrights and property rights, international treaties and other legal legislation, Website rules and the conditions of this Contract.

14.2 Members hereby agree, declare and undertake that all Contents, uploaded to and shared via the Website, are authentic, reliable, current and valid; the Contents are not aimed to mislead and/or deceive third persons and/or other Users; they are authorized to publish and share such Contents; publication and sharing of Contents will not cause any loss of right for third persons, the Content is compliant with Law concerning Intellectual and Artistic Works, Industrial Property Law, Turkish Commercial Code, Turkish Criminal Code, Turkish Code of Obligations, Turkish Civil Code and other legislation. Member exclusively agree and undertake that provided Content is authentic, original, reliable, accurate and compliant with law.

14.3 Member hereby agrees, declares and undertakes that the Company is under no obligation to investigate authenticity, originality, reliability, accuracy of Content, provided by Member, and whether the publication of these Contents and advertisements on internet are compliant with law and/or whether the Member is authorized to publish the same; Company, Company employees and authorities have no liability due to damages which may arise due to Content and/or authority; Member is liable for all for all civil, criminal, administrative, judicial and other disputes, which may arise from the Content, uploaded to Website and all damages, which may arise therefrom; in case of determination of a situation, incompliant with law, it will bear all liability; it will bear all liability for claims of damages/indemnification, filed/to be filed against the Company due to Member’s actions and transactions and expenses, made by Company, related to attorney’s fees, trial expenses and other expenses and all damages, incurred/to be incurred by Company, other members and third persons, and will indemnify this damage on first written request of Company without any delay.

14.4 Members may not write favorable or unfavorable comments for another Member concerning services, which are not directly experienced, unless they procure or supply products for them or for another person. In the comments to be made by Users, statements, constituting unfair competition concerning business products, trademark, commercial title or services of another person, cannot be made.

14.5 Members hereby agree and undertake that for the purposes of preparation of a report in line with On-Demand Service Packages, they will exercise due care to enable the “valuation, audit and supervision company,” referred by the Company hereunder, to conduct necessary audit and supervision and to create the most accurate and correct report and to provide all kinds of requested information and documents.

14.6 Member hereby agrees and declares that links to other websites and/or portals, files or Contents, which are not controlled by the Company, may be given on the Website; such link is not given to endorse the target website or operator, and did not imply any disclosure or warranty concerning the website or its content, the Company has no liability concerning the portals, websites, files and contents, services or products, accessed through links in question or contents and privacy policies thereof.

14.7 Member hereby agrees, declares and undertakes that all communication over the Website is conducted for its commercial operations and will not use such communication for private communication purposes.

 

Article 15 – Termination of Membership on Decision of Member and Non-Renewal of Contract

15.1 Members, at any time, may terminate their membership over the Website via Administrator account and may close the account. This process is an irreversible terminal process and unless otherwise required under governing jurisdiction, payments are not returned and no refunds are made for partial terms. In this case, the account of Member will be closed to access by all Users, authorized to access to Member’s account and the information, previously published concerning the account, will be closed to access by Users at the end of a time period, which may vary depending on technical capabilities and system load. Exceptions, given in Article 12 and 13.4 concerning Content Sharing, are reserved.

15.2 Unless the intention to terminate the membership is not notified at least 30 days prior to the expiry of membership term, the Membership is renewed and the fee is automatically collected at the end of the membership term for the next term. In case the credit card or bank card, used during payment, cannot be used for any purpose, the membership will be maintained for a limited time until payment is made using another credit card or bank card.

15.3 On closure of Administrator’s account, the Member will not be deemed to have closed its own account . Member may appoint a new Administrator.

 

TERMINATION OF MEMBERSHIP BY COMPANY, PROHIBITION OF USERS FROM USING THE WEBSITE AND SITUATIONS, REQUIRING LIABILITY

Article 16

a. All Users agree that they are aware of the presence of legal requirements and behavior, which must be observed when using the Website in accordance with national, international laws and treaties, ancillary legislation, general moral values, and in case of they fail to comply with legal requirements and/or in case of presence of behavior, which is not consistent with “good faith,” which causes damage for third persons despite being in good faith, which affects personal and property territory of others, all liability arising from these behaviors will belong to them. Users hereby agree and declare that in case the Website and/or other Users suffer any damages due to this and similar behavior, along with prohibition to use the Website, they are aware that they may face civil and criminal cases and sanctions, including, without limitation, recourse cases and damages cases. The following is an itemized list of frequently seen examples and civil and criminal liability of users may also be in question in cases, other than these examples, which require legal liability. Within this framework; in particular actions of users in violation of Article 14,

b. Actions of Users, which are incompliant with the requirements of business life and qualities as a merchant, sharing posts, which are inappropriate , incorrect and disturbing for third persons; regular unprofessional behavior, which is inconsistent the objective of the Website, recording information and announcements beyond sector and member activities use of Content for information-communication purposes, provided on Website for other purposes.

c. Presentation of incorrect and misleading information and documents concerning identity and commercial information misleading self-promotion , making incorrect statements concerning the scope of the work, business relationships, portfolio, delivered works and contacts,

d. Transfer and/or upload of Contents, which are not proprietary to such Member, such as information and documents or photographs of others,

e. Disclosure of confidential Information or documents, for which it has no authority to disclose,

f. Posting Contents, which are not compliant with general moral values, personal rights, copyrights, property rights, unfair competition rules and the laws of Republic of Turkey and international treaties, in particular, which contains intimidation, violence, insult, harassment, pornography or nudity, encouraging crime, racial and ethnic attacks and which may constitute crime or the dispatch of the same to other members,

g. Actions/transactions, which threaten general security of the Website and/or Website Members or third persons, which prevent or hinder access to website, prevent operation of software, used on Website and change the nature of Service, provided by the Website,

h. Dispatch of unsolicited messages to other members via Spam and/or similar methods to other Members via web,

i. Behavior, violating security of Website, such as dispatch of software virus, trojan, etc., by using the Website or the information, provided from Website, actions/transactions, which prevent or hinder access to Website, prevent operation of software, used in the website, modify the content of service, provided over website,

j. Copying or use of information, Content or data on Website, in connection with competing services, monitoring the useability, performance or functionality of Services for the purposes of abuse of economic competition, in violation of rule of integrity,

k. Use or attempt to use the Website content and/or service, provided on Website, for other purposes by copying the same in part or in whole,

l. Application of reverse engineering, conversion to source code, decompilation, unbundling, resolution for Services or related technology or any part thereof or attempt to provide source codes;

m. Lease, rental, loan or sale of Website, Website Content or information or data concerning the Website,

n. Removal of existing copyright, trademark or other property right notices within the Website,

o. Removal of advertisements in the Website, concealment or obscuring the same,

p. Collection, use, copying or transmission of information, provided from Website without consent of Company,

q. Sharing or disclosure of information of other users without explicit and written consent of these persons,

r. Access to existing software, design, confidential, personal and similar data on Website and Website Contents, using any means or methods, including without limitation, software, device, command file and robots, conduction of “scraping,” “driving” or “spidering” procedures on accessed data,

s. Use of bots or other automatic methods to access to Website content, to add or download persons, to send or redirect messages,

t. “Framing” or “mirroring” Website’s appearance or imitation in any other way whatsoever,

u. Other than interfaces, explicitly provided by the Company, accessing Website, using other and/or illegal methods,

v. Unless explicitly permitted by the Company, making statements, explicitly and/or indirectly implying that it was affiliated with Company/Website or Company/Site was a reference,

the Company may terminate Membership and the right to use the Website may be revoked.

In case the Company is entitled to damages or indemnification due to breach of such obligations, the User hereby unconditionally agrees and undertakes in advance that it will indemnify such damages.

The liability of Users for all kinds of illegal, damaging and mala fide actions of the users, including, without limitation, the ones, given above, is not limited to the ones, given in this Contract.

CONFIDENTIALITY AND SHARING OF CONFIDENTIAL INFORMATION

Article 17

The information, shared by Users during the use of Website, which may be seen by all third persons, is not Confidential Information. However, the information, provided by Users to use the Website or when becoming a Member, which is not visible to Website Users and which have not been previously disclosed anywhere, is deemed as Confidential Information.

Company may use and store or disclose Member information, declared by Member, to third persons, for time periods, required for performance of obligations, including, without limitation, performance of contractual obligations hereunder and execution of necessary applications for operation of Website and statistical evaluations, determined by it. Member hereby agrees and declares that it consents to such use of its information by Company. Company may change the contents on Website at any time and without prior notice; may close the information and contents, uploaded to system by Members, to access by third persons, including Users or may delete the same.

Company may use the personal information (e-mail address, date of birth, mobile phone, etc.), provided by the Member, in order to send publications, send bulletins, notices, to provide information concerning Website and similar service, in order to provide membership and customization services. In case Member wishes to stop receiving commercial electronic messages at any time, Member may contact the Company via the communication means, specified hereunder and file its requests.

Information, requested to be kept confidential by Member, may be disclosed to third persons, in case required by national and ratified international legislation, in case a request is made by competent administrative and judicial authorities, and in case provision of information is mandatory to protect rights and security of Members.

“Privacy Policy” given on Website is an integral part of this Contract and the Users hereby agree, declare and undertake that they have read and accepted the Privacy Policy provisions and will comply with Contents thereof, and otherwise they know that they must not access, use, visit and display the Website.

SCOPE OF INTELLECTUAL PROPERTY AND WARNINGS CONCERNING INFRINGEMENTS

Article 18

All material and intellectual property rights on Website design, content, software, database, codes interfaces, compilations, all financial and material rights on Website; design, trademark, patent, icon, title, trade name, method, etc., all intellectual property rights, whether registered or unregistered, belong to Company and these rights are under protection of national laws and international treaties. The Member or Website Visitor/Third Persons have no authority over these rights. All Users hereby agree, declare and undertake that they will not infringe these rights.

In addition, rights-in-rem or personal rights of Company , rights of know-how, property and commercial information, are reserved.

Without written consent of Company, commercial and personal information of Members, published on website, the contents of the Website, cannot be copied, publicized, published, transferred and processed. Other than Members, the preliminary condition for provision of a link to Website by third persons, is the presence of written consent of Company.

All financial, non-material, and intellectual property rights on the contents and software, database, design and compilation of Website, belongs to Company. Users agree that, without explicit written consent of Company, they will not use robots, spiders or other automatic tools, software or manual processes for viewing existing pages and/or contents on the Website and/or copying, reproducing, modifying the same or other similar purposes, will not create derivative works from such content or will not display the same to public. Members hereby agree that they will not use robots, spiders or other automatic tools, software or manual procedures to access services and information, which are not covered by their membership.

Website users and members hereby agree that they will not use any tools, software or devices for the purposes of intervention in operation of Website, will not connect and conduct transactions on Website without authorization and consent, will not access software and data of other users without authorization or use the same.

Website users and members hereby agree and undertake that they will comply with Law concerning Intellectual and Artistic Works, Industrial Property Law, Turkish Commercial Code, Turkish Criminal Code and other ancillary legislation and secondary legislation and will not commit any actions, constituting a breach of the same. Otherwise, recourse shall be taken against the User for all kinds of damages and/or administrative/judicial fines, paid by the Company to public institutions/establishments and/or third persons.

RIGHTS AND OBLIGATIONS OF THE COMPANY

Article 19– Rights of Company

19.1 Due to legal/administrative reasons and reasons, related to Membership models, Company may restrict access to all kinds of information, section and data of Members, in part and/or in whole or may restrict the same depending on roles and permits, granted within the framework of different user authorizations.

19.2 Company is entitled to unilaterally amend the conditions of use of Website at any time by publishing the same on the Website and/or notifying the members via e-mail. Amendments on conditions of use take effect on the date of publication on Website and are binding for the parties of Contract. When the Member continues to use the Website following amendment, it is deemed to have accepted amended conditions.

19.3 Company is entitled to start charging for certain areas or categories in the Website, some facilities or services, used on the Website, to offer improved membership services and to offer these services in exchange for a fee and to determine all these fees unilaterally.

19.4 Company may terminate services, offered on the Website at any time without prior notice. Company makes no commitment or warranty for continuity of service.

Article 20 – Obligations of Company

20.1 Company is not obliged to control the content, provided by Members on Website or to investigate whether an illegal activity is in question or not. However, in case it is notified of an illegal activity by Presidency, judicial authorities or persons, whose rights are infringed, in accordance with related legislation and to the extent prevention is technically possible, it is obliged to remove illegal content and to conduct necessary examination and evaluation procedures to prevent recurrence.

20.2 Company is obliged to store the traffic information for services on Website for a time period, determined in regulations and other legislation and to provide the accuracy, integrity and confidentiality of such information.

20.3 Company is obliged to provide necessary technical facilities to enable display and update of information concerning Members and On-Demand Services vendor company, at designated fields in the website.

 

DISCLAIMER

Article 21

21.1 Company makes no commitment or warranty that the information or content, transferred/sent/uploaded/transmitted/modified by Member to Website both during Membership and subsequently, is authentic, reliable, correct and legal. Company does not verify content, information, documents, written, visual and figurative expressions and symbols, presented/uploaded by Members and does not investigate their authenticity. All these issues are at the responsibility of Member(s), who conduct actions and/or transactions and the Company has no obligation and liability concerning this issue. Company may not be held liable for any damages, whether material, non-material or under any name whatsoever, due to incorrect, inaccurate or deceptive information, documents or similar written or visual or figurative or aural content.

21.2 In case Members of the Website establish business relationship with other Members or viewing by third persons via this Website, Company has no liability with respect to the obligation of these persons to fulfill the assumed work in a complete and timely manner, the conditions of practice and service quality, service, cleanliness, security, payment, etc., and all other responsibilities and liabilities, and material-non-material damages, which have arisen/will arise directly and/or indirectly in connection with these obligations. Company does not assume any warranties or commitments against the parties in connection with qualifications and practices of Members. This Website is an application, which brings together real or legal entities, operating only in construction industry and does not include service warranty.

21.3 Issues, related to security, storage, safekeeping and use of system access tools (Username, password, etc.), are subject to responsibility of Member and Company may not be held liable for damages, suffered or to be suffered by Members and/or third parties due to their negligence and faults.

21.4 Company may not be held liable for material, non-material, civil, financial consequences and direct and indirect damages, such as loss of profits and any damages, suffered or to be suffered by third persons, which may arise from all kinds of uses, including the use of Content and Services, provided via Website by Members, Visitors and Third Persons, for illegal businesses, and in a way, incompliant with law. Within this framework, in case any liability is imposed on Company, Member, who causes the same hereby agree, declare and undertake that it will indemnify all damages of the Company promptly.

21.5 Company is entitled to provide, suspend Service, to modify Service and Service Contents and to impose additional conditions for these, to permanently discontinue the same, block the content for access and to delete Member contents and acts in a complete freedom concerning these issues. At its discretion, Company may exercise this right without any liability, without notice and/or allocating a certain time period.

21.6 Provision of links to websites, files and similar fields over the website is only for information and advertising purposes and thew company has no affiliation with real and legal entities in links. Due to these reasons, Company may not be held liable for actions and works of said persons and/or institutions. Company does not warrant that the link areas in question are safe, compliant with legislation and correct.

21.7 Website does not endorse or recommend services, provided by Members and does not warrant the outcome or quality of provided services. A ranking or grading of Members may be made by Website through votes and comments of users. However, such ranking and grading does not mean a warranty, provided by Company or Website.

21.8 The commitment for accuracy and compliance with laws for the information, Contents, visual and aural symbols, provided and published by Members and/or Third Persons, are is under the liability of persons, who conduct such actions and/or transfer/send Contents to Website.

21.9 While Company adopts measures to protect Website from viruses, it gives no warranty to this extent. Users must adopt necessary measures for protection from viruses.

21.10 Company is not liable in any way whatsoever, for any damages and losses, which may occur due to errors, malfunctions during the use of website and damages and losses, which may occur due to viruses.

21.11 Company has no commitments that the Service will be provided without errors and interruption or aimed results will be obtained as a result of use of Service.

21.12 Company may not be held liable for any material, non-material, negative, positive, and all kinds of damages, which may arise in case of deactivation of protection systems via hacking and other known/unknown methods.

21.13 Company gives no warranty that Website will be free of interruptions or errors or any results will be obtained as a result of use of Website or content thereof.

21.14 Company also gives no warranty that there are no contaminants or disruptive elements in the files, downloaded by Website users and Members from the Website.

21.15 Company will not be liable for any damages, which may arise from access to the information of Website Users and Members by unauthorized persons and any damages, which may occur on the software and data of users and members by this way. Users and members hereby agree in advance that they will not claim any damages from Company due to damages, which may be suffered due to failure to use such service.

21.16 Company may not be held liable for damages, which may arise from the use of Website, including direct, indirect or incidental damages, consequential damages, and indemnifications

21.17 In case the publication period, term and persons to share with respect to information, presented/entered by a user to the system, is left to the discretion of information provider user, access to such information is blocked by persons, beyond specified situations and persons. However, in case these restrictions concerning publication of information cannot be complied with due to technical problems in website, inadequacies, errors or similar inadvertent problems, Company may not be held liable for information sharing. Other information is subject to discretion of Company and sharing conditions, status, time and form and persons for sharing, will be determined by Website.

MISCELLANEOUS PROVISIONS

Article 22

The change of name and shareholders of Company, who is entitled to title/right to use of the Website as of the date of execution of the Contract, and assignment of Website to third persons, whether real or legal, will not affect validity/binding effect of contract. The party, who is entitled to title/right to use of the Website and who is declared as authority of Website in Website contents, will be deemed as a party of this Contract without any further statement and may exercise all rights, arising from this Contract and may request fulfillment of all obligations and/or commitments.

Article 23

All notices to be made to Parties, will be deemed duly served if, in case of Company, it is served to the address, specified in the Contract via notary or telegram or registered mail with return slip; and if, in case of Members, it is served to the e-mail addresses, specified by them. Unless the Parties notify any changes in their addresses and communication information to the other party via Website, specified hereunder, the Parties hereby agree and undertake that any notices to be made to addresses and telecommunication channels, specified hereunder, will be valid and the other party will not be held liable for failure to receive service.

Commercial and address, communication information of the Company, who is a party to this Contract, is as follows:

Commercial Information;

Commercial Title: Tunçbay Bilişim ve Yazılım Hizmetleri Anonim Şirketi

Contact Information:

Address: Vişnezade Mah. Süleyman Seba Cad. Workinton No:79 İç Kapı No: 1 Beşiktaş/İstanbul

E-Mail: info@insuppliers.com

 

Article 24

The titles in this Contract may not be construed to restrict the Contract text. Invalidity of some provisions of the Contract will not affect validity of remaining provisions. These provisions continue to remain valid between the parties. Remaining sections of the invalid provisions or articles will continue to be valid and enforceable to the extent allowed by law or court orders.

 

Article 25

Company books and records, log records, computer records constitute definite and exclusive evidence in disputes, which may arise from the use of Website.

 

Article 26

The disputes, which will arise from this Contract will be governed by Turkish Law and Istanbul Courts and Execution Offices are exclusively authorized to settle the matter.


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