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Terms of Use

WEBSITE TERMS OF USE

1. Warning:

All rights related to this Website belong to Tempo Çağrı Merkezi ve İş Süreçleri Dış Kaynak Hizmetleri Tic. A.Ş. (TEMPO), which regards all those who use or access the site as having accepted the conditions and terms detailed below. Tempo reserves the right to change the conditions of this agreement at any time and these changes will come into effect as soon as the amended contract is posted on the Website. You accept to review the contract periodically in order to be aware of these changes and you unequivocally accept that your continued use of and access to the site complies with the amended contract.

2. General Terms of Use:

i. Entering and using the Website means that you have read and accepted the conditions and the terms of use. This acceptance is not dependent on the production, or inclusion in any form, of any “declaration of acceptance”.

ii. If you believe that you are unable to abide by the Terms of Use and requirements in the provisions related to confidentiality, or will not be able to fulfil the approval/permission conditions, then you cannot use this Website. In addition, if you do not meet the age requirements necessary to validate your declaration of acceptance or are subject to other similar restrictions, then your declaration of acceptance will have no legal validity and you will be unable use this Website and its services.

iii. From the moment you begin to use it, this Website may provide you with links, either directly or indirectly, to other websites. The aim of these links is either to provide information or advertising. Whether or not the user connects via these links is completely at their own initiative. For this reason, because Tempo has absolutely no control over the material on these links, Tempo is not responsible for the websites and sources to which these links provide access and accepts no responsibility for any content, advertising, products or any other materials that are on these websites and the resources or are accessed via them. In addition, Tempo does not accept responsibility for direct or indirect damages or losses which result from, or which are claimed to result from, trusting any content, goods or services that the user has obtained in this way from any website or resource, or as a consequence of doing so. Nor does it have any responsibility for any information provided to other websites by users.

3. Follow-up/Changes to the Terms of Use:

i.Tempo continually renews and updates the Website in order to provide users (the term ‘user’ is used to describe everyone who uses the Website, including those who sign up for membership) with the best possible service.

ii.The updates and improvements may result in changes to the services that are provided. Tempo has the right to make changes to the services on the Website and the rights of use, and to add new or additional services, or new or additional terms, at any time without providing any advance warning. Information related to changes to the terms of use will be published on the Website. After this has been done, such changes to the terms of use will be considered to have entered into force.

4. Using Content and Services:

i. The use of the services provided on the site are dependent on the restrictions and permissions detailed in the relevant legislation and the conditions written here.

ii. A portion of the logo, brand, promotional materials, data file, written text, information, news, opinions, recommendations, advertisements and advertising materials, music, videos, photographs, visual and similar material (“Service Content”) may be published by permission of Tempo and a portion by permission from other sources.

iii. Tempo makes no claim and takes no legal responsibility for the veracity or trustworthiness of any information or communications from other websites or websites linked to them, or provided by commercial electronic communications or links, or information provided by any other websites.

iv. Information or quotations on the Website from third parties are used for promotional purposes. Tempo and/or the owners of this content have the right to change the content and the terms of use without giving prior notice of their intention to do so.

v. Unless specifically authorised by Tempo, users have no right to use its web pages, services or service content, to sell goods or services, or to use them in advertisements for commercial purposes or any similar initiatives.

vi. Tempo has the right to determine the nature of the site and the Service Content as it wishes and may utilize the site and its services for advertising and promotional purposes. The advertisements and promotions do not have to be directly related to the site and Service Content. Tempo can change the tariffs of its advertisements, and the manner in which it makes them, in any way and whenever it wishes.

vii. Users who use the Service Content and services accept any risk that may accrue from using these services and content. Tempo has absolutely no responsibility, and does not act as a guarantor, for any products or services provided by a third party. Tempo is not responsible for guaranteeing the products or services that are purchased and the sole reference to which uses can make appeals on these issues is the provider of the services or products.

viii. Just as Tempo has no responsibility in this regard, which is restricted to the provider of the services to the users, and has the right to block, investigate, draw attention to, change or reject, whether wholly or partially, remove or block access to any Service Content which has been published on or sent to the Website and which it believes may impose a burden on, or cause a loss to, other members or users.

ix. Tempo may include users and/or Service Content in commercial activities, and utilize any means to secure revenue from them. Users unconditionally accept and declare that Tempo is allowed to use users and Service Content.

5. Responsibilities Resulting from the Use of the Website and its Contents

i. If you accept the terms of use and benefit in any way from the Website, you have accepted responsibility for all of the procedures and transactions in which you engage. The user has the right to engage, or not to engage, in any kind of communication or undertaking on the Website or via the Website or Service Content, whatever the source. Any legal consequences as a result of decisions made in this regard pertain to the User. Except where specified by law, Tempo accepts no responsibility in this regard.

ii. Tempo cannot be held responsible for any indirect losses such as material, non-material, legal or financial consequences or losses of earnings, that may result from the incorrect, illegal or unlawful use of content or services over the Website. All consumer rights are protected.

6. Guarantee Disclaimer

i. This Website and its Services do not do not contain any specific or general, oral or written guarantee, within the broadest scope permitted by law, of benefit to the User.

ii. Tempo does not guarantee that the processes on this Website and its Services are safe and flawless, that errors will be corrected or that the server used to provide the services offered on the Website, or any other associated websites/links do not contain viruses or any other content that is harmful to the Website itself or third parties.

iii. Tempo does not explicitly or implicitly undertake to ensure that the Website and the Services it provides will be uninterrupted or of sufficient quality to meet all expectations, aims and special needs. Tempo takes no responsibility for any losses, consequential losses or indirect losses, such as loss of profits, to Members or Users resulting from the Website, Services or Service Content.

iv. Users/Members must sign (or approve) the sales contract (or online licensing agreement) before buying any products/services over the Website. All of the terms and conditions related to the sales process are included in the contract and, apart those in the relevant laws and the Logo, Tempo undertakes no responsibilities and gives no guarantee.

v. Tempo retains the right to add some more conditions to the Services without providing prior notice, to close down or halt the Website in its entirety, to change in whole or in part all of the content on the Website, the Services, the graphic design or other similar elements, to take it out of serve or make it fee-paying.

7. Membership Conditions:

i. Registration: The use of Tempo Services can be restricted to the conditions of Membership/Registration, different membership categories may be introduced or existing categories may be changed. Requests may be made for some identity or contact information during the registration of sales processes. Some or all of the services can be made fee-paying and restrictions can be introduced to the services.

ii. User Name and Password: Members can be given a name and password or they can be chosen by the Member.

iii. Membership Details: The Member is responsible for every kind of i) identity information, ii) contact information, or iii) User Content that is entered, forwarded or sent via any other means to the Website or Services during the registration process. The contact information that is provided during the registration process is regarded as being correct, trustable and up to date. The Member is responsible for ensuring the confidentiality of the user name and password. Tempo does not accept any responsibility related to errors in the user name and password or to their illegal or unauthorised use. In the event of unauthorised or unpermitted use, the responsible Member is liable for any damage that may result to Tempo or to third parties. The Member is responsible for all of the transactions, if there are any, using the membership account. Members are considered as having accepted and guaranteed that all of the information provided to the Website and Services or provided via the Website and Services is trustable, accurate and not misleading, that it does not violate the rights of third parties, does not violate any laws, has been provided in good faith and that they have the right to post or communicate in any other way the aforesaid information. The member is responsible for taking the necessary measures and for informing Tempo as soon as s/he learns that the user name and password have been used without permission or an attempt has been made to acquire them.

iv. Commercial Communications: Members, Customers and Users declare and accept that they have agreed and given prior permission for any form of electronic forwarding from websites which are not owned by Tempo, other Members and Users, and which are not administered by them, and websites which are administered by third parties, whether they are or are not for commercial purposes. The Member has the right to cancel this agreement/authorization at any time and to refuse to accept commercial electronic forwarding. The request not to receive forwarding will be processed by Tempo within three working days. The sender’s request not to receive forwarding will be electronically confirmed by Tempo.

9. Intellectual Property and Patent Rights:

i. The intellectual property and patent rights of the Website belong to Tempo.

ii. Unless otherwise stated, the intellectual property and patent/copyright rights related to the commercial logo, brand, name and other elements, and the licensing rights, belong to Tempo. Unless specifically stated, the conditions written here grant no rights or concessions to Users regarding the use of the above.

iii. Tempo recognizes the right for changes to be made to the software used on the site, provided that it is restricted to personal use, is non-exclusive and non-transferable, in order to facilitate the utilization of the Website and the Services on the Website. With the exception of the above-mentioned use, all of the intellectual property and patent rights belong to Tempo and the permission granted to the user does not include any special or other financial right or license.

iv. The site cannot be copied, in whole or in part, by any means (such as printouts, saving to a disk, posting on another website, or downloading in any other form). Nor can it be duplicated (including being copied and distributed), distributed, borrowed or can the contents be changed and destroyed. It is forbidden to cite samples of the elements belonging to Tempo that have been posted and included or to copy the forms and use them or reproduce them.

v. The intellectual property rights of the names, logos, brands and other material and content of third parties that appear as part of the Website belong to the content providers/rights holders.

vi. When any kind of User/Service Content is sent, forwarded, used or developed for use on this Website or forwarded to third parties via this Website, then it is accepted as no longer being confidential and not containing any intellectual property or patent/copyright/licensing rights. If users upload any content which is thought to contain anything confidential or which has intellectual property or patents rights, then this content is accepted as not containing anything which “is in violation of the law” and as being able to be forwarded by digital means and published. If this is not the case, then the entire responsibility rests with the User/Content Provider.

vii. The User accepts and undertakes not to collect any of the data on the Website and not to access the Website database.

10. The Collection of Website Visitor Data:

Whenever the Website is visited, the web servers automatically begin to collect information by communicating with the visitor’s computer. In addition, data related to the number of visitors, which sections of the Website visitors’ prefer, their IP addresses, their domain types, the browsers they use, the dates and times and browsing on the Website are monitored, checked and stored. Personal data related to Users/Members are stored, or provided to third parties who are providing this service on Tempo’s behalf, in order to improve the services that Tempo provides to its Members/Users and in order to be able to provide the services suggested by Users/Members. By using the Website, Users are regarded as authorizing Tempo to collect, process and store the abovementioned information. Tempo undertakes to expend considerable effort to take the necessary measures, including utilizing the possibilities afforded by technology, to ensure the security of Users’ personal information. Tempo does not accept any responsibility if, despite its security measures, users’ personal information is acquired by third parties.

11. Ban on Interference:

Violating the security of the Website and its Services or trying to violate them is forbidden. Those who attempt such violations are liable for punishment and the initiation of judicial proceedings. People or persons who undertake such violations may be held responsible, in accordance with the laws, by Tempo and/or the person whose rights have been violated and be subjected to financial, legal and punitive measures.

12. Violations of the Terms of Use:

In the event of the failure to abide by the “Terms of Use”, “Confidentiality and Security Conditions” or the “Services Contract” on the Tempo Website, or an attempt to violate these rules, regardless of whether or not the violation is complete or partial, Tempo reserves the right to reject existing information and to remove or delete information from the content of the Website, and, without issuing prior warning, suspend Users’ access to the Website and Services and to end or cancel membership (although this is not obligatory). The same applies if a third party acting in the name of a User violates or attempts to violate these rules. The fact that Tempo has used or implemented a written statement about its legal rights and precautionary measures does not mean that it has abandoned its rights or accepted any violations.

13. Notification of Violations of Intellectual Property:

Users who come across violations of intellectual property or patent rights can complete the intellectual property rights violation form on the Website and send it to Tempo’s information and contact addresses.

14. Cancellation

The User can cease to be a member and stop using the Website and its Services at any time without any restrictions or need for a statement to that effect, providing that there is no amendment to the contrary in a separate Contract or the content of the Website. In the event of it becoming likely, the User is required to follow the steps related to the ending of his/her membership on the Website. Tempo can suspend, cancel, prevent the use of, or end the User’s membership, without being required to provide advance notice, in circumstances such as: (i) the violation of the conditions or policies detailed here in writing or determined by Tempo, (ii) in the event of the User being ineligible to use the Website and Services as the result of legal restrictions, (iii) as a result of the end of the commercial relationship with the providers of content and services related to the Services used by Tempo or the Users, and the cessation of the services, (iv) warning decisions from legislative or administrative regulatory institutions, (v) access to the Website no longer being possible as a result of legislative amendments or similarly compelling reasons, (vi) a decision by Tempo.

15. Registration:

In the event of disagreements resulting from the use of the Website and its Services, all of Tempo’s computer records, including its registers and communication logs, and the emails and faxes sent by Tempo to Users constitute decisive and exclusive evidence.

16. Transfer:

Tempo can transfer this contract, in whole or in part, without providing any prior notice.

17. Settlement of Disputes:

The laws of the Republic of Turkey will be applied in any disagreements that arise as a result of the use of the Website.

18. Responsible Courts and Enforcement Authorities:

The Istanbul (Central) Courts and the Enforcement Authorities will be authorized to resolve any kind of disagreement resulting from the Website and terms of use.

19. Information and Contact:

Queries and requests for further information related to the Terms of Use can be sent to

info@tempocagri.com
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