Utilisation Contract
Utilisation Contract of the Website
1. Parties
It is hereby the utilisation contract of website, ("Utilisation Contract"), is arranged, between Sü-Ha Tic and the User; connected and/or being member of the Website, towards the user’s use of the website and at the electronic environment where website exists, at the moment it’s gone through by the user. The User upon connecting to and/or being member of the
website, accepts and affirms that he/she read the whole contract, understood and approved the whole and all the commands of it.
2. Definitions
- Purchaser: Expreses the user who buys the good(s) and /or the service(s) which offered by the dealer to be purchased by the means of the website services.
- User/Member: It expresses the real or legal individual who connects to and/or be member of and benefits from the offered services of the Website, in accordance with the rules given here by in the utilisation contract. Dealers and purchasers become members of the website as users.
- Dealer: Is the user; who puts on market, for the other users, the goods and/or services that legally he/she owns and has the right to make restriction on their ownership by using the services offered in the website.
- Sü-Ha Tic: Sü-Ha Ticaret (Trade name)
- Sü-Ha Tic. Services (in short "Service"): It expresses the implementations placed by Sü-Ha Tic. in the website, which are for the purpose of supplying realization of trade and e.g described in the contract for the users.
- Product: It expresses every type of goods and/or services, which are offered by the dealer in the website, to be sold.
- Website: www.lefkaracorner.com expresses the website which is made of the domain named www.lefkaracorner.com and sub domains linked to it.
3. The subject and scope of the contract
- 3.1 The subject of the user’s contract, is to fix the rights and responsibilities of the parties and the conditions of benefiting from the services offered in the website.
- 3.2 The scope of the user’s contract, the user’s contract and the attachements that take place in the website state all the warnings, written explanations etc. done by Sü-Ha Tic related to usage, membership and services.
- 3.3 Accepting the provisions of the User’s Contract means you accepted everytype of statement and will behave in accordance with all statements announced by Sü-Ha Tic. concerning usage, membership and services that take place in the website.
4. Provisions of membership and service usage
- 4.1 Membership, the registration is realized when the necessary information to be a user of the website is sent, by the individual who wants to be a member, through the related section of the website and will be completed after it is approved by Sü-Ha Tic.. One can’t have the right and authorisation as described within the hereby User’s Contract unless the membership procedure is completed.
- 4.2 To be a member of the website it is required to be of full legal age, and mustn’t have temporary dismissal or mustn’t be embargoed indefinitly from the membership by Sü-Ha Tic. In case of the individual not being of full legal age or as it is stated above, in accordance with the item number 5.2 of the hereby User’s Contract, dismissed temporarily or infinitely banned from the membership by Sü-Ha Tic., the result will not mean that membership of the website is approved even if the registration is completed.
5. Rights and Obligations
5.1 The rights and obligations of the User
- The User, accepts, states and undertakes that he/she understood and approved all the rules mentioned above and will behave in accordance with all the existing legislation, all the conditions stated in the User’s Contract and the rules that take place in the website while fulfiling the membership procedure, benefiting from the website services and during any procedure related to the website services.
- The User, accepts, states and undertakes that; in case of a statement that the rights; as required in the provisions of the current commanding legislation and the verdicts in the secrecy provisions or the rights of other users and third persons, are violated, Sü-Ha Tic. will have the right to make known his/her secret/private/commercial information either to the official authorities or to the title holder and with this reason there will be no compensation demand from Sü-Ha Tic. under any circumstances.
- The whole responsibility of, the security, withold, keeping away from the knowledge of the third persons, of the appliances’( user name, password etc.) used to access to the system and benefiting from the services offered by Sü-Ha Tic. and the issues related to their usage, belong to the Users. There will not be any direct or indirect responsibility of Sü-Ha Tic. of the occured or possible losses of the users and/or third persons due to their negligence and mistakes related to security, withold, keeping away from the third persons knowledge and matters related to usage instances of the users’ tools for access to the system.
- Users, accept, state and undertake that the information and contents supplied by themselves for the website are true and in line with law. As Sü-Ha Tic., is not responsible to search , undertake and secure; the truth of information and contents which are delivered to Sü-Ha Tic or uploaded to the website, changed or supplied by themselves, or if those information and contents are reliable, true and in line with law. Sü-Ha Tic. will not be held responsible from any of the abuses due to mentioned information and contents being incorrect.
- User; can not hand over to any third party, partially or the whole of, his/her rights and responsibilities within the scope of the User’s Contract without written approval of Sü-Ha Tic.
- The ones who benefit from the services, that Sü-Ha Tic. offers, or the users of the website can make only the transactions that are in line with law, through website. The legal and penal responsibility in every transaction and activity done by the users within the scope of the website, belong to them. Each user accepts, states and undertakes that; will not behave as to form a violation to Sü-Ha Tic.‘ s and/or other third party’s real or private rights or belongings and will not reproduce, copy, distribute or transact; the pictures, texts, the visual and audial symbols, video clips, folders, databases, cataloques and the lists within the scope of the website. Each User accepts, states and undertakes that either with this activities or through other ways, will not be in competition directly or indirectly with Sü-Ha Tic.. Sü-Ha Tic. can never be hold directly or indirectly responsible of the occured or possible losses of the third parties due to users activities performed through website, either against the verdicts of the user contract and/or against the law.
- There will be no responsibility of Sü-Ha Tic. or personnel of Sü-Ha Tic. from the supplied services or from the contents of the issued texts through website by the third persons including the users. The statement of the truth and conformity with the law of, any supplied information or issued knowledge, contents, visual and audial images are completely within the responsibility of any third person who performed those activities. Sü-Ha Tic. does not undertake and assure the supplied services and security of the contents, truth, and being in line with law of the supplied services by the third parties including the users.
- Users accept, state and undertake that they will not perform transactions that will supply money transfer, through website, between their membership and their relatives meberships, and they will not manipulate the functioning of the website; otherwise, they will pay compensation for, every type of occured, losses of Sü-Ha Tic.
5.2 The Rights and Obligations of Sü-Ha Tic.
- Sü-Ha Tic., keeps left its right to; delete or close the access of the third parties including the users to the information and contents uploaded by the users, change always the supplied services and the contents within the Website. Sü-Ha Tic., may use this right without any prior notification. The User immediately carries out the changes requested by Sü-Ha Tic. The user is responsible for the compensation of the occured losses in case those changes and/or corrections requested by Sü-Ha Tic. are not fulfilled in time by the user.
- Sü-Ha Tic.,can give ‘link’ through Website to, the other third person dealers, suppliers and to the other websites and/or other internet portals, which are owned and operated by other third persons, folders or contents that are not under its own control. These ‘links’, may be supplied by the users or by Sü-Ha Tic. only for enabling reference and it doesn’t convey; any type of statement or warrant nature; towards website, website contents and it doesn’t aim to support the website or website operator. Sü-Ha Tic. doesn’t have any responsibility regarding; the internet portals, websites, folders and contents which accessed through those ‘links’ of the website and also the offered services, products and contents of the products supplied by those internet portals or websites.
- Sü-Ha Tic., can’t behave as an arbitrator or judge between the users at the occured disagreements concerning the supplied services and products offered through the website.
- Sü-Ha Tic.,can perform the necessary scanning, of the messages and/or contents that are realized through the website between the users, with the purpose to find out if there is anything which, is not acceptable by Sü-Ha Tic. and against the operation of the website and/or User Contract and/or general rules of the website, and/or ethics. In case of such findings, Sü-Ha Tic., can move away the messages and/or contents at the time and in the way it wishes; can terminate the membership of the User temporarily or persistent without any warning. There will not emerge a relation between the User and Sü-Ha Tic. such as share holdership, representation or employer- employee after the approval and implementation of the User Contract.
- The User, guarantees not to violate the third persons legal rights like copyright, trademark and trade name etc. while fixing his/her ‘User name’. In case of users behaving against to the verdict of hereby item, Sü-Ha Tic, may demand from the User to restore this situation which is against the User Contract or if desires Sü-Ha Tic. may cancel the membership of the User temporarily or permenantly without informing.
6. Provisions of Confidentiality
Sü-Ha Tic., may use the information related to the User’s according to the arrangements of the confidentiality provisions took place in the hereby website. Sü-Ha Tic., will not use the Users’ private information in the User Contract and against the privacy provisions.
7. Intellectual Property Rights
- Users, can’t; redeal, share, distribute, exhibit, copy Sü-Ha Tic.’s knowledge and services offered through the website, and its practices realized in accordance with its copyrights and can’t prepare or exercise mission derived from those, or can’t give permission to others to access or use Sü-Ha Tic.’s services, otherwise, including the licencors but not limited with them, they will be responsible for; compensating every obligation, the demanded amount of compensation from Sü-Ha Tic.by the third persons due to their losses including the advocacy and court expences but not limited with those.
- Sü-Ha Tic.’s services, Sü-Ha Tic.’s knowledge, the practices performed in accordance with its copyrights, Sü-Ha Tic.’s Trade marks, its outlook in trade or the whole assets including every type of substantial and intellectual property rights which it gained with the means of website, real and private rights, trades knowledge and its rights aimed at know-how, all are undisclosed.
- Users; accept, state and undertake that they will not violate Sü-Ha Tic.’s and the other users’ any type of intellectual, industrial property rights that take place in the website.
8. Amendments of the Contract
Sü-Ha Tic.,with purely its own appreciation and unilaterality, can amend, at any time it consider appropriate and by the means of advertising on the website, the hereby User Contract and its attachments; the amended provisions of hereby User Contract, will have validity at the date their announced and the rest of the remaining provisions will stay being in force and continue to generate their provisions and results.
9. Compelling Reasons
In all the situations which are legally accepted as compelling reason; Sü-Ha Tic., is not responsible with an occasion, due to not fulfilling or late or incomplete fulfillment of any of the actions determinated with the hereby Contract. User side, under any name, in the cases with compelling reasons; being late, incomplete fulfillment or unfulfilling; will not be considered as delinquency or for these type of cases, will not be able to ask for compensation from Sü-Ha Tic. The term ‘compelling reason’, will be interpreted as unavoidable, inescapable events, apart from the reasonable control of Sü-Ha Tic. and despite of Sü-Ha Tic.’s necessary attention and with the statement that must not be limited with those such as; natural disaster, uprise, war, strike, siber attack, communication problems, infrastructure and internet failures, practices for renewal or bettering the system or the failures that may occur for this reason, power cuts and also including bad weather conditions.
10. Applicable Law and Authorized Court
Turkish Republic of Northern Cyprus law will be used for the implementation and interpretation of the hereby User Contract and for the management of the legal relations generated within the provisions of it. The courts of Nicosia are authorised to manage every type of conflict generated or might be generated due to the hereby User Contract.
11. Termination of the Contract
The hereby User Contract, will have legal power and will continue to generate provisions and results between the parties when the User accesses to the website and/or during the User’s membership; it will be deemed as terminated, when the membership of the User is over or in the cases either the membership of the User seized temporarily or perpetually. Sü-Ha Tic. , may cancel the User’s Contract unilaterally; in case of the Users violating the hereby Utility Contract, and/or in the case of the violation, of the suchlike rules related to the membership or services, by the website Users and specially at the below given situations; the Users will be supposed to compensate all of Sü-Ha Tic.’s wastes, which emerged directly or indirectly, with the cause of cancelation.
The User, being in such behaviours that will manipulate the operation of the Website by using any procedure;
- The User, transferring to or bringing into use of someone else the User profile which is created for himself/herself
- The User being in actions violating the third persons rights.
Every User, accessing and/or being member of the Website will be indefinitly affiliated with the provisions of the hereby Contract.