1.1 www.KuuKla.com website (“Website”) is provided by Ardıç Ar-Ge Bilgi ve Teknoloji Çözümleri Anonim Şirketi (“ARDIC”) located at TÜBİTAK MAM Gebze Yerleşkesi Teknoloji Serbest Bölgesi Yeni Teknoloji Binaları B Blok 205-206 41470 Gebze-Kocaeli.
1.3 In these Terms, ARDIC and the Users shall separately be referred to as “Party” and as “Parties” collectively.
2. Subject of the Terms
The subject of these Terms is to determine the rights and obligations of the Parties with respect to the Users’ use of the Website and the software (“Software”) which is being provided by ARDIC via the Website.
3. Rights and Obligations of the Parties
3.1 The Website is open to anyone on condition that they use the Website in compliance with particularly these Terms, the terms set forth by ARDIC that are published on the Website and with the relevant legislation. The User undertakes that he/she shall comply with these Terms and its annexes, other terms published on the Website which are determined by ARDIC, and laws, ethics and manners and principle of honesty with respect to any of his/her activities to be carried out in the Website.
3.2 The User shall be solely responsible for the use and management of any information that enables use of the Website and for keeping his/her password confidential and secure. Any activity carried out via the User’s account shall be considered as carried out by the User and the User shall be solely liable for the damages incurred by the User and/or third parties in consequence of the use of such information by any person other than the User, or loss or handover of such information.
3.3 The User shall first download a special program (“Application”), which is provided via a web link such as Google Play, Amazon, SlideMe, Samsung Apps to be notified to the User, to his/her mobile device (table, smartphone etc.) (“Device”) in order to use the Software in his/her Device.
3.4 The User accepts that he/she is aware that the security software he/she is using may interfere with the operation of the Software, and therefore the Software may not operate and he/she may experience underperformance. The User is solely liable for inspecting whether the Device and other software and applications on the Device have features that may interfere or limit the use of the Software. The User agrees that ARDIC shall not be held liable and he/she shall be solely responsible in the event that he/she does not exercise such inspections or even though he/she does so, that the use of the Software interlocks the Device due to the features of the Device.
3.6 The User shall bear any legal, administrative and criminal responsibility that may arise from the use of the Application and Software. ARDIC shall not be held responsible, directly or indirectly for any manner whatsoever, for the damages that may be incurred by third parties in consequence of the activities of the User carried out via the Application or Website, and/or of his/her breach of these Terms or law. Any claims to be submitted by third parties within this scope, and damages that may arise from the failure of the User to perform his/her obligations specified in the Terms shall be recoursed to the User.
4. Intellectual Property Rights
4.1 All monetary, moral and commercial rights of ARDIC’s system, Website, Software and Application including but not limited to the images and designs, scripts, logos, graphics in the Website, Application and/or Software shall belong to ARDIC. ARDIC agrees to grant the non-exclusive and non-assignable right of use, on the part of the Software offered via the Application to the User, and such limited right of use granted to the User shall not be interpreted against ARDIC, e.g. as such right of use restrains ARDIC especially from granting license to others and exercising its all rights freely.
4.2 The User shall only use the Software within the scope of these Terms. The User shall not lend such right, provide for the use of third parties (individual, organization, corporation, company etc.) at cost like renting or at no cost, and make such right available to third parties. Within this framework, it shall be strictly prohibited to copy or reproduce the information, content and/or software used by ARDIC within the Software and/or Application, use such information, content and/or software beyond the scope stated in these Terms and distribute, or process such information, content and/or software. The User shall also be strictly prohibited from carrying out activities that may threaten the security of the Website or Software, Application or ARDIC systems and/or cause damage to the Application, ARDIC and other users; make any attempts that may hamper the operation of the Website, Software and other software with respect to the Application or other Users’ use of the Website and Application, or put disproportionate load to the system or Application which may cause the aforementioned problems; gain unauthorized access to the information published on the Website or Application and/or inputted by other persons to the Website or Application, or to the source codes of the Software or ARDIC’s systems; copy, remove, change said information or make any attempts to do so; use any software that may restrain the operation of the Website, Software and/or Application, make any attempts to use such software or disrupt the operation of any kinds of software, hardware and servers, cause breakdown of such software, hardware and servers, reverse engineer, attack, keep occupied or interfere with such software, hardware and servers in any other manner; or endeavor to access the ARDIC servers. The User agrees that he/she shall not compete with ARDIC, the Application or Software in the abovementioned manners or by any other means, and that he/she shall not support third parties who intend to do so.
4.3 Any components of the Website, Software or Application shall not be published in any media in any way including but not limited to written, oral and/or electronic ways, and/or links to such shall not be provided without ARDIC’s consent.
5. Limitation of Liability
5.1 The Website, Application and Software are being offered “as is” by ARDIC, and ARDIC does not provide any claim or commitment with regard that the Website, Application and Software are error-free, indefectible and perfect, or fulfil the User’s personal needs.
5.2 ARDIC shall not be responsible for (i) the use or misuse of the Website, Application and/or Software by the User, the results and damages resulting from the User’s failure to fulfill his/her commitment and obligations; special, accidental or consequential damages which may arise out of such failure; the resulting economic damages; all kinds of profit loss, data loss, business loss, loss of reputation, loss of expected savings, loss of income and all kinds of material and non-pecuniary damages, third party claims for indemnification; (ii) all hardware, systems software/other software and network related function and defaults that might arise accordingly; (iii) defaults on the network, internet connection, design and connection; (iv) all kinds of changes, updates and similar actions that might be made by the User or third parties on the Application and Software; (v) damages arising from voltage fluctuation, electrical power cuts, virus attack, and similar environmental factors. The User agrees that in case of any interruption especially the internet cut off, he/she may not be able to use his/her Device in the usual way immediately, it may be required to restore the factory setting in order to use the Device in its usual way, and that in such case ARDIC shall not be liable for any loss or damages particularly the data loss.
5.3 TO THE EXTENT ALLOWED BY APPLICABLE LAW, ARDIC 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 OR SOFTWARE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION. FEATURES AND OTHER CONTENTS IN THE APPLICATION AND SOFTWARE ARE BEING OFFERED “AS IS” AND ARDIC DOES NOT PROVIDE ANY COMMITMENT OR UNDERTAKING WITH REGARD TO THE AUTHENTICITY, ACCURACY OR SECURITY OF SUCH. FURTHERMORE, ARDIC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE OR NON-BREACH. IN ANY EVENT, ARDIC’S LIABILITY ARISING FROM THESE TERMS TOWARDS THE USERS SHALL BE LIMITED TO THE TOTAL AMOUNT OF THE INVOICE ISSUED IN THE EVENT THAT THE USER IS PURCHASED A GOOD OR SERVICE.
5.4 The User acknowledges and declares that links to the websites which are not controlled by ARDIC and/or platforms, files or contents may be given via the Application, third party services may be offered, and that such links shall not be considered as provided for purposes of support to the website or its operator, or as undertaking or guaranteeing anything with regard to the website or its content, ARDIC shall not be liable for the platforms, websites, files and contents, services or goods or their content.
5.5 The User acknowledges and declares that the availability and quality of the Website, Application and contents provided via the Application substantially depend upon the service quality provided by the relevant Internet Service Provider and that ARDIC is not responsible for any problems arising from such service quality, that he/she is aware that the operation of the Software and Application is not error free, and that malfunctions or blocked access may from time to time occur.
6. Suspension and Termination of the Terms
6.1 ARDIC may suspend the User’s use and/or utilization of the Application temporarily or permanently in the event that the User fails to comply with these Terms and its annexes, the User’s activities constitute legal, technical and especially information security risks, the User harms the third parties’ individual and commercial rights or he/she breaches his/her obligations with respect to the Software.
6.2 ARDIC shall be entitled to suspend or terminate the Website, Application and/or these Terms at any time for a definite or indefinite period.
7. Dispute Resolution
With respect to the disputes that may arise regarding these Terms; provisions set out herein shall be applicable, with the laws of the Republic of Turkey to be applicable in the absence of any such provisions. Central (Çağlayan) Courts and Execution Offices of Istanbul shall have jurisdiction in all disputes arising from the execution of these Terms.
8. Miscellaneous Provisions
8.1 In case of any force majeure event, ARDIC shall not be responsible for late or deficient performance of its activities specified in these Terms or failure to perform such activities. Including but not limited to acts of gods, wars, mobilizations, fires, strikes, lockouts, problems arising from infrastructure, power cut and adverse weather conditions and similar reasons beyond the reasonable control of the Parties shall be interpreted as force majeure. Performances of the Parties shall be suspended throughout the period of the force majeure event.
8.2 In the event that any provisions these Terms are deemed invalid or inapplicable by a competent court or authority, such provision shall be substituted with a new provision which reflects the purpose of these Terms.