User Agreement

Article 1. Parties

This User Agreement (“Agreement”) is signed by Salyangoz Teknoloji A.Ş. (“Company”) and by the person or a Company who registered as a user (“User(s)”) on the site (“Site”) at www.yengec.co to use the services offered through the Site by the Company. Under this Agreement Persons or organizations acknowledge and declare the use of the services provided by the Company for their commercial activities.

Company Kep Address and e-Mail Address: [email protected]
Address: Şenlikköy Mah. Yeşilyurt Cad. Bora Sitesi No:14a/2 Bakırköy / İstanbul / Turkey
Central Registry System Number: 0742045163800011

Agreement, comes into effect with the acceptance by the User in electronic form or the start of use of the services offered by the Company and shall remain in effect until terminated in accordance with the procedures specified by the parties in the contract.

Article 2. Subject and Scope of the Agreement

This Agreement is applicable to the package offered by the Site, may vary according to the content chosen, and purchased by the User with contracted cloud-based marketplace and cargo as announced on the Site and the pre-accounting with which the Company is integrated,with the integration application (“Application”) in an inalienable and non-exclusive manner to the Site by the User and is established for the purpose of determining the terms and conditions regarding the uploaded data (“Content”) and the rights and obligations of the parties concerned. Regarding the use of the Site and the Application within the scope of the Site Terms of use, rules and conditions offered to Users by the Company and announced on the Site , prices are also an annex and an integral part of this Agreement, and the rights and obligations herein constitutes all of the rights and obligations of the parties together with the obligations.

Article 3. Rights and Obligations of the Parties

3.1 In order to benefit from the Application completely and accurately, the user must provide the information requested by the Company and declares that he/she knows that he/she must approve this Agreement by providing an updated form. If there is any change in the information provided at the time of establishment of the status, the user information will be updated promptly. The company is not responsible for inability to access and benefit from the Site or Application due to incomplete or untrue or out of date information given by the user.

3.2 The User states that he/she has completed the age of 18 and has the legal capacity to conclude this Agreement and declares to have the capacity to act on behalf of the Company. In case of access, the User accepts and declares that he/she has the necessary authorization to access to the Site on behalf of a business. In this case, the User status and rights and obligations will belong to the business in question.

3.3 The User has the right to establish a single User account. Following its suspension or termination by the Company establishing a new account with the same or other information by the user is prohibited. Without giving any reason, the company reserves the right to refuse the opening of the User’s account at its sole discretion.

3.4 Access to the Site by the User will be done using e-mail address and password. The User shall be responsible for the protection of the confidentiality and security of the password and all kinds of activities carried out with the use of the information in question and all legal and criminal liability arising from these activities will be deemed to have been carried out belong to the User. When the User becomes aware of the violation of unauthorized use of the user’s password or otherwise, immediate notification to the Company will be made.

3.5 The user shall use the Application only for its lawfull activities, accepts and undertakes to act appropriately to this Agreement, its annexes, applicable legislation and other terms and conditions stipulated on the Site regarding the Application. As long as authorized, the User, will use the Application and the Site in the name of third parties, to provide services to them. In this context, the User will provide the persons to act in accordance with this agreement and all other provisions applicable.

3.6 From time to time, the User can authorize a third party (“Authorized User”) to use the Application. Who the Authorized User to be, and the level of authority within the scope of the Application will be determined by the User. The User is responsible for the use of the Application by the Authorized Users and always controls their access to the Application and may change their access level authorization or revoke their access without notice. In the event of a dispute regarding access to the Application between the User and Authorized Users, the User shall decide the access level of access to the Application or Content.

3.7 The Integration shared by the User is the property of the User and all the responsibility related to the Integration belongs to the User. Within the scope of this Agreement, the Company has the right to use the Integration under the license provided by the User.The Company cannot be held responsible for any loss or damage that Integration or use of Integration may cause and without limitation, legality, accuracy of Integration, payment of invoices, collection of payments, financial transactions and tax reporting. Compliance with the relevant legislation on financial transactions, tax and other matters is the sole responsibility of the User. The user accepts that the Company is not responsible for any damage that may occur from implementing the integration based on reguirements arising from applicable legislation, in this context, including lost data occurance for removing integration from application and systems.

3.8 If the Company or the Application is hosted by third parties, the User agrees not to engage in activities that will endanger the security and integrity of computer and network systems; and undertakes not to use the Application, the Site or other services offered incorrectly or in a way that will prevent or damage the functionality of the systems or other users who benefit from the Application and the Site; will not provide unauthorized access to the computer systems where the Application is hosted or to the Application outside the scope of access granted to it, will not transfer or upload files or illegal Content (including any copyrighted or trade secret Content and other materials that the User has no right to use) to the Site that will harm the computer systems, devices and software of the Company and third parties, and will not change the computer programs used in the provision of services or the operation of the Site, unless absolutely necessary for ordinary use, not modify, not copy, not adapt, not reproduce, and will not create source code or reverse engineer transactions.

3.9 Including the monthly transaction and storage volumes of use of the Application, the User, accepts that it may be subject to restrictions. Such restrictions will be stated within the Application.

3.10 The User shall keep copies of Content uploaded to the Application. While complying with the necessary policies and procedures to prevent data loss, the Company does not guarantee and is not responsible for the loss of Content, regardless of how it arises.

3.11 The Company shall store and use the information and data shared by the User within the scope of the “Privacy Policy” attached to this Agreement. The User agrees that the Company may share information with the relevant authorities. In case of a request in accordance with the current legislation. Apart from this, the User information and Information pertaining to the transactions carried out by the User on the Site, can be used for User’s security, the performance of the Company’s obligations and for some statistical evaluations.The company also has the right to share Integration with other users to provide requested services such as sending invoices and sharing payment information. If the User wishes to use the Integration of other users, the consent of the relevant users will be obtained and the said Integration will be used within the scope of the consent given by the user. This information, can be classified and stored in a database and following anonymization of the said data, the Company may use the User’s usage and transaction information for performance evaluations, marketing campaigns of the Company and its business partners, annual reports and similar transactions for the period necessary. The User agrees that Integration and other information may be stored by the Company or third parties in data centers located in Turkey or abroad.

3.12 In case of technical problems related to the Application, the User will make reasonable efforts to identify and diagnose the problem before contacting the Company. If User’s technical support needs continues, the necessary support will be provided through the Site, Application or other appropriate channels.

3.13 If provided to through the Site the User declares and undertakes to use the communication tools (such as forum, chat tools or message center) only for lawful purposes. The user will not use these communication tools to share materials other than the purpose of the Application, including any content, to sell products and services, e-mails sent without the consent of the other party, software and computer systems of third parties files that may cause harm, content that is offensive to other users or illegal. In respect of any communication made through the Site, the User warrants that he/she has the authority. The Company is not obliged to check the appropriateness of communications made through the Site or whether they are for the purposes of use of the Application. In terms of other web-based communication tools accessed through the Application or used in relation to the Application, the User shall show the care he/she is obliged to show when using the communication tools provided through the Site.

The Company has the right to remove the communication tools provided through the Site at any time at its own discretion. The user or the authorized person responsible for the communication carried out through these channels is aware that communication may be audited or recorded by the Company and in this context, in the event that the User or the authorized person insults, shouts and similar humiliating actions to the customer representative through these communication channels, the Company may immediately terminate the service provided without compensation, and the Customer cannot claim any compensation or similar due to termination without compensation or data loss.

3.14 The Company has the right to revise this Agreement and its annexes without prior notice. If this right is exercised, the relevant change will come into effect with its next use by the User. User’s refusal to accept such changes reserves the right to terminate this Agreement in the following manner.

3.15 The User is responsible for the User account and the rights and obligations arising from the use of this Agreement and the Site, and cannot be transferred or assigned to a third party in any way.

3.16 If the User violates this Agreement and other terms and conditions within the scope of the Site and the declarations and commitments in this context, the Company shall have the right to suspend the User’s membership or to terminate the User’s status by terminating the Agreement as stated below. In such a case, the Company reserves the right to demand the liable damages arising by the said violation from the User.

3.17 In accordance of the Law on Protection of Personal Data published on the Site, with this Agreement, the User, accepts declares and have read clarification text, consent text, cookie policy, storage and destruction policy and data owner application form and that they will be updated as found on the Site.

3.18 While sharing the personal data of customers with the Company within the scope of the performance of this Agreement, the user fulfills the necessary permissions and processes and in this context, accepts and undertakes the payment of any damage that may incur immediately including the attorney’s fee.

3.19 The Company may request all the damage suffered, caused by the User, without any warning or court order or without the need for the approval of third parties for the liability including the judicial and/or administrative fines incurred but with all direct damages, including but not limited to compensation debt arising from third party claims, all payments and expenses made or to be incurred in the future, including but not limited to costs, (fines, taxes, duties, fees, expenses etc.) from the User.

3.20 While the Company provides services under this Agreement, support from third party software providers may be acquired and without ontaining approval, a part or all of the work to third party providers can be transfered.

Article 4. Payment Conditions

4.1 The User will benefit from the Application only in return for paying the fees declared on the Site in full and with the payment terms and means declared on the Site.

4.2 The User will use the Application free of charge for the period specified on the Site. At the end of the said trial period, the User’s membership will become a paid membership to be determined according to the type of service level, functionality, campaigns or contract period. Fees for the Application, payment terms, effective dates of fees will be announced in the relevant sections of the Site. The user will be able to upgrade the membership package at his own will. Requests for this will be made at the end of the relevant membership period, unless otherwise stipulated by the Company. Changes to be made in the fee and payment conditions of the membership package during the User’s membership period will not be applied until the end of the User’s membership period, new fees and payment conditions will be valid with the start of the new membership period. During the membership period for cancellation or termination of the Agreement, for any reason, no refund will be made by the Company. In this context, the User cannot claim any price or refund from the Company due to early termination for the prepayments made.

4.3 Unless otherwise requested by the User until 7 (seven) days before the end of the period, the User’s membership will be automatically renewed at the end of each period.

4.4 The Company will send the invoice regarding the usage fees at the beginning of the membership period to the contact address provided by the User. All invoices will include the fees for the previous membership period in case of postpaid membership, and the fees for the next membership period in case of prepaid memberships. The user shall pay the relevant amount in the invoice within 7 (seven) days following the invoice date. The User is responsible for the payment of taxes and duties related to the relevant fees.

4.5 The User, the Company or third parties approved by the Company may store the User’s credit card and payment information in order to perform membership and payment transactions or bank integration and related updates. A monthly service fee will be charged from the relevant credit card, and the Company may partially or completely suspend the service it has provided due to the inability to withdraw the relevant service fee from the credit card, and for this reason, the Company cannot be held liable for the loss of the User’s data or any similar reasons. The company may, at its own discretion, stop all data and all automation services due to late payment or non-payment.

Article 5. Intellectual Property Rights

5.1 Whether registered or not, all intellectual property rights and interests on the Site and Application belong to the Company. Within the scope of this Agreement, the User is granted a personal, worldwide, royalty-free, non-transferable and non-exclusive use license to use the Site and Application. No provision in the Agreement and other terms of the Site can be interpreted as transferring the rights and benefits of the Site and the Application to the User. Within the scope of this Agreement, the User does not grant the Company the right to use, copy, transmit, store and backup the information and Content for other purposes related to the User’s access to the Application, use of the Application and the provision of services. The User does not grant the right to access the user of the application under this Agreement, use the application for other purposes and provide the service, and use, copy, transmit, store and back up content information. The Company has the right to sublicense the Content to third party developers for the purpose of providing services.

5.2 The User does not have the right to copy, modify, reproduce, reverse engineer, decompile or otherwise access the source code of the software on the Site, or create work from the Site, in any way or for any reason. It is strictly forbidden to change the browser and content of the Site in any way, to link to or from the Site without the express permission of the Company.

5.3 The User cannot, in any way, use the trade name, brand, service mark, logo, domain name, etc. of the Company (or its affiliates).

5.4 The User is not obliged to provide feedback within the scope of the service received from the Company; and the Company, entirely at its own discretion, according to the feedback received, regarding the matters that constitute a tool within the scope of the activities provided and including all kinds of hardware and software, by improving the service provided; has the right to use, license, distribute, sell and reuse the feedback. In this context, the User will not demand any compensation under any name or fame, and the intellectual rights regarding these feedbacks will belong to the Company.

Article 6. Limitation of Liability

6.1 All of the Application, software and other content within the scope of the Site are provided “AS IS” or as the scope of which is determined by the Company, and in this context, the Company does not assume any responsibility or commitment regarding the accuracy, completeness and reliability of the Application, software and content. The User understands and accepts that the Company also does not make any commitments regarding the relationship between Content and other User data. The Company does not undertake that the use of the Application is uninterrupted and error-free. While the Company aims to make the Application accessible and usable 7/24; does not provide a guarantee regarding the operability and accessibility of the systems that provide access to the Application. The User agrees that access to the Application may be blocked or interrupted from time to time. The Company is in no way responsible for such blocking or interruptions.

6.2 The User acknowledges and declares that the Company has no responsibility for provided links to other websites and/or portals, files or content that are not under the control of the Company through the site, and does not constitute any kind of declaration or guarantee for the purpose of supporting the website or the operator to which such links are directed, or for the website or the information it contains, portals, websites, files and content, services or products or their content accessed through such links.

6.3 The User accepts that the Company has no responsibility for the problems arising from the Applications offered on the Site, the access and the service quality of accessibility is largely based on the quality of the service provided from the relevant Internet Service Provider.

6.4 THE USER IS EXCLUSIVELY RESPONSIBLE FOR THE CONTENT UPLOADED AND THE USE OF THE SITE AND APPLICATION. USER ACKNOWLEDGES AND ACCEPTS NOT TO CLAIM ANY THIRD PARTY CLAIMS AND REQUESTS (INCLUDING JURISDICTION COSTS AND ATTORNEY’S FEES) THAT MAY BE MADE REGARDING INTELLECTUAL PROPERTY VIOLATIONS, CONTENT, APPLICATION AND THE USE OF THE SITE BY THE COMPANY.

6.5 THE COMPANY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL AND GOODWILL, INCLUDING BUT NOT LIMITED TO ITEMS SUCH AS EXPENDITURE ON THE SUPPLY OF REPLACEMENT PRODUCTS AND SERVICES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE DAMAGES. IN ADDITION, THE COMPANY ALSO MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY’S RESPONSIBILITY AND LIABILITY UNDER THIS AGREEMENT IN ANY EVENT, WILL BE LIMITED TO THE AMOUNT PAID UNDER THE SERVICES SUBJECT TO THIS AGREEMENT UNTIL THE DAMAGE ARISES.

Article 7. Enforcement and Termination of the Agreement

7.1 This Agreement is accompanied by electronic acceptance by the User or the use of the service; shall enter into force, will remain in effect and shall not be terminated by either party as long as set forth below.

7.2 Either party may terminate this Agreement at any time, without giving any reason, with a written notice to the e-mail address notified by the other party, 1 (one) week in advance, and may be terminated without compensation.

In case of termination, the payments made will not be claimed back by the User in any way; and in case of commitment, all the fees for the promised period will be paid to the Company as early termination fee.

7.3 In the event that one of the parties does not fully and duly fulfill its obligations arising from this Agreement and the said contradiction is not remedied within the given period against the written notification to be made by the other party, this Agreement may be terminated by the party making the notification. If the said violation is not remedied by the User, the Company will have the right to suspend the User’s status and account or delete all data until the violation is resolved. In the event that the User violates the applicable legislation, the Company may terminate the Agreement with immediate valid reason and the User will not demand any refund.

7.4 Up to the date of termination of the Agreement, rights and obligations of the parties arising from the Agreement will not be removed or eliminated. With the termination of the Agreement, the User is responsible for all fees, costs and charges incurred up to that date; will not be able to claim back the payments made as of the date of termination, will not be able to use the Site and the Application.

Article 8. Miscellaneous Provisions

8.1 The invalidity of any provision of this Agreement or any statement contained in the Agreement, illegality and unenforceability, the validity and legitimacy of the remaining provisions of the Agreement will not be affected. The invalid provision will be applied or interpreted to the extent that it protects the interests of the Company.

8.2 This Agreement is a whole with its annexes, if any. Any conflict between the Agreement and its annexes; the provisions in the relevant annexes shall apply.

8.3 The titles of the articles in this Agreement will not affect the interpretation of the statements in the articles of the Agreement, and the statements in the relevant articles are applied literally.

8.4 Communication will be made by means of the e-mail the user reported when registering or with the general information for notification on the Site. Communication by e-mail replaces written communication and constitutes conclusive evidence. It is the User’s responsibility to keep his e-mail address up to date and to regularly check the Site for information. In this context, the changes to be made by the Company in this Agreement will also be announced via a notification to this e-mail address.

8.5 In the event of termination or expiration of this Agreement, the User accepts and declares that articles 5, 6 and 8 will remain in force for a period of 5 years.

8.6 The Company may transfer its receivables arising from this Agreement without any prior approval.

8.7 In disputes arising from this Agreement and its annexes, Istanbul Merkez (Çağlayan) Courts and Enforcement Offices are authorized and in charge exclusively.