ConditionsOfUse
1. Parties
1.1. The domain name having the name of www.partingo.com and the website generated with sub-domain names linked to this domain name ("Site”) are operated by the company located at Pürletaş Hasan Efendi Mh. Meclis-i Mebusan Cd. No35/2 Beyoğlu Istanbul, with the trade name Dijital Parça Platformu Satış ve Ticaret A.Ş. ("DPP"). Anyone who makes use of the Site in any way shall be referred to as the User.
1.2.Within these Terms, DPP and Users shall be individually referred to as the "Party” and jointly referred to as the "Parties".
2. Scope and Subject of the Terms
2.1 The subject of these Terms; to determine the procedures and principles to be followed up in order for the Users to make use of the services provided in the Site and the provisions and terms for the use of the Site and to regulate the rights and obligations of the Parties accordingly.
2.2 Being a member of the Site may be required in order to make use of some features of the Site. For membership to the Site, the Users are required to apply for the membership and accept the membership agreement to be submitted by DPP.
2.3 Other terms of use that may be published on the Site shall also be considered as an integral part of these Terms of Use.
3. Acceptance and Application of Terms
3.1 In case the User enters and/or accesses by any means to this Site or uses of any information on this Site shall be considered as the acceptance of the Terms of Use by the User. Therefore, please read the Terms of Use delicately including the conditions, rules and legal responsibilities listed below before using the Site. If any of the conditions listed herein are not appropriate for you, please do not use the site.
3.2 As DPP reserves the right to update the contents of these Terms of Use at any time, it is recommended that you review the terms of use every time you visit the Site, for you to be aware of any new modifications and your continued access or use of the Site by any means shall be deemed as your acceptance of the modifications or updates to be made in these Terms of Use.
4. Rights and Obligations of the Parties
4.1 All kinds of goods and services offered at the Site and through the Site are available to non-consumer Users as defined literally in the Law on Consumer Protection numbered 6502. Consumers are prohibited from using this Site. Therefore, your making use of the Site as a consumer constitutes a breach of these Terms. If you have started to make use of this site as a consumer, please immediately cease any activity related to the Site.
4.2 The User shall comply with the Terms and any other provisions, laws, ethics and morals, principles of honesty that may be published on the Site occasionally in every transaction that s/he performs; shall not conduct by any method that may prevent the Website's operation or shall not engage in acts that violate or threaten to violate the rights of third parties.
4.3 Any legal, administrative and criminal responsibility for the use of the Site shall be borne by the User. DPP shall not, directly and/or indirectly, be held responsible under any circumstances for the damages that are incurred or may be incurred by the third parties due to the activities of the Users conducted on the Website and/or actions that contradict with these Terms and applicable law. The damages to be occurred to DPP arising out of any claims made by third parties within this context and the failure of the fulfillment of the User's obligations stipulated under the Terms shall be recourse to the User.
4.4 The User agrees that the access to the Site may be temporarily prevented in order to implement improvements and other modifications to the Site. The User also acknowledges that the access to the Site may be ceased at any time and for any reason at DPP's discretion. Additionally, DPP has also the right to close down the Site permanently and to cease its activities at any time and to make any modifications to the Site (including the services provided) at any time.
4.5 All rights of the software, visual and designs, writings, logos and graphics on the site belong to DPP. It is strictly prohibited to copy the information and/or software used for the design, content and creation of database of the Website and/or to use such information and software for a purpose beyond the utilization of the Website, and to copy, distribute, process or use in any other ways such data such as all kinds of picture, text, image, file etc. on the Website.
4.6 It is strictly prohibited to the Users to threaten the safety of the Site, to make any attempt to prevent the operation of the software belongs to the Site or to prevent other Users from making use of the Site, in a way that disproportionately load overlay to the Site that gives these results; to access without authorization to the information and content published on the Site and/or entered by others; to make actions that threaten overall security of the Site and/or that damage the Site, DPP and other Users; to use, to attempt to use software preventing the operation of the Site and the used software or to interfere the operation of any software, hardware and servers, to cause deterioration, to make reverse engineering, to organize an attack, to occupy or to intervene in other methods, to attempt accessing to the servers of DPP.
4.7 The DPP has the right to temporarily or permanently block the User's use of the Site wholly or partially, in the event of unlawful conduct or violation of these Terms by the User when using the Site. Other legal rights of DPP are reserved.
4.8 DPP has the right to follow up all non-personal data obtained through the Site and the traffic generated on the Site (provided that it does not contain any personal data) as it wishes and to process the data within this context as it wishes. The processing of personal data shall be performed by being subject to the Confidentiality Policy.
4.9 Any notice and warning and confirmation arising out of these Terms between the Parties and objection against these; shall be made by telegram, fax, electronic mail addresses which are agreed on or through notary public (notifications required to be made by a certain method by law is an exception). The Parties must notify the other party in writing of the change of address within 7 days. If this notice is not made, the notifications made to the current address stated in this Agreement shall give rise to all legal consequences of a legally valid notification.
5. Provisions Regarding the Responsibilities of the Parties
5.1 DPP is not responsible for any direct or indirect damages occurred due to the usage of the Site in particular entering the Site, the use of the Site or information and other data programs etc. on the Site, the interruption of the transactions performed through the Site and the loss of data. DPP shall not be responsible for any direct, indirect, private, incidental and criminal damages incurred as a result of using the Website including but not limited to loss of profit, loss of goodwill and reputation.
5.2 DPP shall not be held responsible for any kind of pecuniary and intangible damages that may occur as a result of errors, deficiencies in information contained in the Site or transactions basing on such information and for any kind of damages that may be incurred by third parties by any means.
5.3The User acknowledges and agrees that links can be given through the Site to other internet sites and/or platforms, to files or contents which are not under the control of DPP, third-party services may be offered through the Site, and such links do not have the purpose of supporting the linked internet sites or persons who operate/serve such internet sites or do not have any kind representation or warranty qualification with regard to any information contained in such internet sites, DPP does not have any responsibility for platforms, internet sites, files, and contents, services or products or their content accessed via such mentioned links.
5.4 The Site and the Site features and other contents are presented as they are on the Site and within this context, DPP does not have any responsibility or warranty with regard to the accuracy, completeness and reliability of these. DPP does not give any express or implied undertaking in respect of merchantability or the convenience for a particular purpose or for use or or non-infringement within the context of these Terms.
5.5 The User acknowledges and agrees that s/he knows that access to the Site and services offered through the Site and the quality of these services are highly based on the quality of the service provided by the relevant internet service provider and DPP does not have any responsibility for the matters resulting from such service quality; the operation of the Site is not flawless and s/he may occasionally encounters technical difficulties or access barriers.
5.6 The User agrees that DPP does not warrant that there will be no viruses, worms or other attacks on the Site or unauthorized access to the Site; furthermore the Users acknowledges that DPP does not warrant that information from the Site or from third persons to the Site will not be transferred illegally. Finally, the User acknowledges that s/he knows that DPP has no obligation to provide support, maintenance, update or new versions of the software.
5.7 The User is responsible for ensuring the security of her/his membership information and keeping the same confidential. The right to use the password received from the Site by the User belongs to the User exclusively. The User is directly responsible in case information, such as the user name, password that belong to the User and the right to use of the same, are shared with third parties or organizations (including the use of the password by other persons in a malicious manner). Likewise, the User shall not use the IP address, electronic mail address, user name and other information of other persons in the internet and he shall not access to other users' private information or use the same, without authorization. Any civil and criminal liability arising from such kind of a use shall be borne by the User. In case of breach of the obligations in this article, DPP shall have the right to prevent the user from accessing the Site indefinitely.
6. Modifications the Terms
6.1 DPP reserves the right to amend these Terms and Terms of Use which are published on the Site, make additions to these or renew the same, to reorganize the Site, to amend the subject, scope and content thereof and to cease publishing, at any time, unilaterally, without stating any justification and prior notification.
6.2 The above-mentioned amendments to be made by DPP will be effective on the date that the amendments are published on the Site and the User is deemed to have accepted the current terms with the use of the Site. The User shall be personally responsible to follow up the mentioned documents, regularly.
6.3 In the event that any provision of the Terms of Use is found null and void by a competent judicial or administrative authority, a new provision which is the closest and legally valid to the purpose of those provisions shall be applied between the parties.
7. Dispute Resolution and Evidence
7.1. All disputes that may arise in relation with these Terms shall be governed primarily by the provisions hereof, in cases when any related provision does not exist, Laws of Republic of Turkey shall be applicable.
7.2 Istanbul Central (Çağlayan) Courts and Execution Offices are competent for the settlement of the disputes arising from the implementation of the Terms.
7.3 The Parties agree, state and undertake that in the disputes that may arise from this Terms, the electronic and system records, commercial records, book records kept by DPP under its database and in servers constitute conclusive evidence and this article is in the nature of the evidential contract within the meaning of Article 193 of the Code of Civil Procedure.
8. Validity
8.1 The agreement consists of these Terms, all conditions, published documents and annexes which are referred by these Terms, are integral part of these Terms, are informed on the Site become valid by mutual acceptance upon the accession of the User to the Site in any way or upon the usage of any information stated in this Site. At the time of validity, the User is considered that s/he read and understand all of these Terms.
