To improve production and competitiveness of Turkey.

USER AGREEMENT

PROVISIONS

1. DEFINITIONS

“COMPANY”: means “Owner of this Portal” which is TEZMAKSAN MAKINA SANAYI VE TICARET ANONIM SIRKETI, having its registered office at Abdi Ipekci Cad. No: 129 Bayrampasa address (hereinafter referred to as “COMPANY/ SELLER”. Services provided in the Portal and described in article 2.4 of these Terms of Use are provided by the COMPANY.

"Portal": refers to the internet site and mobile applications where the COMPANY provides Services and it consists of the domain name www.parkurda.com and any other associated sub-domain names.

"User": means any Real or Legal person who accesses to the Portal.

"Subscriber": means the User (Corporate or Individual Subscriber) that subscribes to Portal and uses the services offered in the Portal in accordance with conditions specified in this agreement. In addition, this term also refers to the USER SUBSCRIBER/ BUYER as described in Preliminary Information Form of Parkurda.com.

"Non-Subscribing User":refers to a user who clicks Find CNC Operator, Become CNC Operator, Procure Contracted Manufacturing, Perform Contracted Manufacturing, Receive Training buttons; make searches about Contracted Manufacturing Ads and Recruitment Ads; views the project name, materials, technology, quantity and advertisement date by using the filtering feature based on province, district, sector, material, technology used (CNC, Universal, other machine) without accessing to details of the ad.

"Subscription": refers to the status that is attained when the User that intends to Subscribe completes the subscription form in the Platform with true and correct information; identification details provided are verified and such verification is notified by the COMPANY. A person shall not have right and authorization to Subscribe before completing Subscription procedures. Rights and obligations of a Subscriber are owned by the applicant and they cannot be transferred to any third person whether wholly or in part. Application of Subscription may be rejected by the Company without showing any good reason or additional terms and conditions may be imposed. The COMPANY may terminate Subscriber status of the Subscriber as and when deemed necessary, and reject Subscription application submitted after termination of the Subscription.

"PARKURDA Subscription Account": refers to all internet pages specific to the Subscriber where the Subscriber takes actions necessary to use the services offered in the Portal; submits an application to the COMPANY on matters concerning the Subscription; updates the Subscriber information and views reports about services offered; and undertakes to use exclusively with the “user name” and password” and accesses over the Portal.

"PARKURDA Services" ("Service"): refers to applications offered by the COMPANY in order to ensure that the Subscriber performs acts and procedures defined in this agreement through the Portal. The COMPANY may change and/or send notifications about Services offered in the Portal at any time. Portal notifies the Subscriber of any rule and conditions the Subscriber is obliged to comply with in connection with amendments and/or notifications, and the disclosed terms and conditions take effect on the date of publishing in the Portal.

"Contents": ” refers to all information, texts, files, images, videos, figures, etc. that are published and accessible through the Portal (data subject is responsible for personal data within the scope of the PDPL that are made public).

"Content Provider": refers to any real or legal person who generates, modifies and provides all kinds of information provided to users over the internet (Law No. 5651).

"Hosting Service Provider": refers to any real or legal person who provides or operates systems that host services and contents. (Law No. 5651)

"PARKURDA Interface": refers to the database where contents accessed through the Portal are stored, sorted and inquired and accessed subject to ownership of the COMPANY and protection in accordance with the Intellectual Property Law No. 5846.

"LAW": means the Consumer Protection Law No. 6502 and Law No. 5651Regulation of Internet Publications and Prevention of Crimes Committed Through Such Publications.

2. TERMS OF USE

By visiting the www.parkurda.com website and/ or using its mobile applications (the website and / or mobile applications shall hereinafter be referred to as "Portal") and / or as a "Subscriber", you represent, agree and covenant that you have read these Terms of Use, you have fully understood its content and that you unconditionally and irrevocably accept all matters stated hereunder and contents that are already included or may be included in the "Portal" and that you will not make any claim or defence regarding all the matters specified in the Portal. If you do not agree to these terms, please stop using the Portal.

Services in parkuda.com platform consist of two main categories.

CONTRACTED MANUFACTURING ADS AND RECRUITMENT ADS

Packages page is accessed when Subscriber/ Users clicks the button ‘show companies matching with my ad’. Company Search page is a paid services; thus, it is closed to access of users who do not buy a package.

  1. 2.1. COMPANY/SELLER may alter the Terms of Use, any information and Content in the Portal at any time without serving any warning or notification to USER SUBSCRIBER/ BUYER. These alterations shall be periodically published at www.parkurda.com and they will take effect on the date of publication. Any real or legal person who uses the Portal services on paid basis or free of charge or access to the Portal by any means whatsoever shall be considered to have accepted Terms of Use and any alteration made in the Terms of Use by the Company. These Terms of Use are published in the internet site at www.parkurda.com and opened to accessed of any real or legal person who uses the Portal.
  2. 2.2. COMPANY/ SELLER may unilaterally modify these Terms of Use at any time upon publication in the Portal. Modified provisions of these Terms of USE shall not be changed based on unilateral statement of any USER/ BUYER.
  3. 2.3. Obligation to Inform: Content Providers and access providers consisting of the Company, Real and Legal Person Subscribers are obliged to make up-to-date identification information available in a manner accessible to users on the internet in accordance with the principles and procedures set forth in the regulation. Otherwise, Content, hosting service and access provider shall be liable for any administrative sanction that may be imposed.
  4. 2.4. PARKURDA SERVICES
  5. 2.4.1.In General
  6. 2.4.1.1. COMPANY/SELLER uses interfaces to ensure that contents uploaded to PARKURDA Database by Subscriber Users or Non-Subscriber Users are viewed by Subscriber Users or Non-Subscriber Users over “PARKURDA Database”. Parkurda.com site allows the use of Recruitment/ Employee Search option between individual and corporate users and Contracted Manufacturing Search or Procurement of Contracted Manufacturing between corporate users; accepts and submits offers in order to ensure that Subscriber Users that intend to use this service access to targeted Business or Service.
  7. 2.4.1.2. COMPANY/SELLER provides advertisement services together with various types of listing services that prioritize ads to be viewed, filters suitability, etc. in order to facilitate access of Users to ads of Subscribers.
  8. 2.4.1.3. COMPANY/SELLER provides reporting services under various categories in connection with the number of views and operations performed in the Portal.
  9. 2.4.1.4. COMPANY reserves right to add new services to existing services in the Portal, modify the scope and terms of existing services and Contents accessed through the Portal, delete or close them to the access of any third person. COMPANY may exercise this right without any notification and warning.
  10. 2.4.2. ADVERTISEMENT SERVICES
  11. 2.4.2.1. Subscriber shall create advertisements over PARKURDA Subscription Account and upload to PARKURDA Database in accordance with the rules specified in the Portal.
  12. 2.4.2.2. COMPANY/SELLER checks solely through masking in the form fields during publishing of the advertisement with the authorization of the Hosting Service Provider. The Company does not perform any other approval/ rejection operation and this authorization is given solely to Real or Legal Person Subscriber that is in the position of Content Provider. COMPANY/ SELLER either approves or rejects the corporate subscription applications received by the Admin panel. However, Real or Legal Person Subscriber who is in the position of CONTENT PROVIDER may process the advertisement/s during publishing of the Advertisements and approve or reject publishing of the advertisements in the Portal. Criteria related with the evaluation of the advertisements, the relevant terms and durations may be determined freely and they shall be liable for the consequences thereof in accordance with the Law No. 5651.
  13. 2.4.2.3. COMPANY may suspend publishing of the relevant advertisement temporarily or permanently without making any further notification to User/ Subscriber in case advertisements published in the Portal are in breach of the law and code of ethics, they infringe personal and commercial rights of others or become subject to warning made for this purpose or they are not, whether directly or indirectly, consistent with the rules and conditions specified in the Portal. COMPANY represents, agrees and covenants that no refund shall be made to the SUBSCRIBER USER/ BUYER in connection with the foregoing and likewise, Subscriber shall not be entitled to claim refund of the price paid from the COMPANY.
  14. 2.4.2.4.COMPANY/SELLER may enter into an agreement with the third persons for the viewing of the SUBSCRIBER USER/ BUYER’s advertisements, images, texts and contents in the advertisements in the search engines and advertisements of the COMPANY. Subscriber expressly represents and agrees that an authorization is given to COMPANY/SELLER for this purpose.
  15. 2.4.2.5. SUBSCRIBER USER/ BUYER represents, agrees and covenants that no illegal act will be committed with the advertisements published in the Portal such as slandering, defamation, threat or harassment; no act or attempt shall be committed or made in a manner overloading the Portal’s infrastructure and it shall not permit inclusion of offensive, pornographic or immoral texts and images in the advertisements published in the Portal.
  16. 2.4.2.6. SUBSCRIBER USER/ BUYER that acts in the capacity of content provider shall promote and advertise business and services under the agreement by using accurate, true and legal information in the advertisements published in the Portal. It is forbidden for SUBSCRIBER USER/ BUYER to submit advertisements about products and services over which it does not have any right to dispose as specified in the advertisement. Otherwise, COMPANY/SELLER may suspend Subscription without any further notice to the Subscriber or cancel Subscription, suspend the Subscriber temporarily or terminate the agreement on unilateral basis without any obligation to make refund.
  17. 2.4.2.7. Subscriber represents, agrees and covenants that it shall not submit advertisements in breach of the applicable legislation including but not limited with those concerning protection of consumers, intellectual rights, unfair competition and advertisements and statements, images, videos that are in breach of the legislation shall not be included in advertisements.
  18. 2.4.2.8. SUBSCRIBER USER/ BUYER represents, agrees and covenants to pay the fee in connection with the selected category.
  19. 2.4.2.9. SUBSCRIBER USER/ BUYER may publish its advertisements in the Portal together with the contents and information selected at its own discretion. For the SUBSCRIBER USER/ BUYER to publish advertisements in accordance with this article, it is required to pay the fee specified and represent, agree and covenant that rules and conditions specified in this section shall be complied with.
  20. 2.4.3. CATEGORIES OF ADVERTISEMENT
  21. 2.4.3.1. SUBSCRIBER USER/ BUYER may use certain paid services offered by the PORTAL for the purpose of easy access to the advertisements in the Portal by Portal users in a manner different from access to other advertisements; increasing the visual effectiveness of the advertisements.

Packages for advertisements services and contents thereof are as provided below:

PACKAGES: refers to packages that may be purchased by Corporate Subscriber/ User in order to use “Search for Companies” based on filtering options in accordance with the advertisement submitted or before submitting any advertisement.

Standard Package: Subscribers/ Users buying this package may list maximum 12 companies matching with the advertisement published; view the list in the form of a chart and contact companies by calling Operators. They may not use filtering option.

Premium Paket: Users that purchase this package may list and view all companies that match with each advertisement for a period of 1 year and they may view these companies on the map based on location and in the form of a chart. They can call operator to contact companies. They may use filtering option.

Gold Paket : Subscriber/ User may view companies matching with each advertisement for a period of 1 year or call a company without publishing the advertisement. These company may be viewed on map and in the form of a chart. Company search option may be used before publishing of the advertisement for a period of 1 year. Companies may be viewed and contacted using the filtering option (Filtering option: fast search (select an advertisement and search based on that advertisement). Detailed advertisement search: multiple options such as Province, District, Sector, Material, CNC, Universal, other certificate areas). Upon selection of a package, invoice window and payment window appears. Company search page is made available for use upon making the payment.

Upseller Package:

Corporate Subscriber/ User, after publishing of the Contracted Manufacturing Advertisement:

Upsell may be purchased during publishing of the advertisement in order to feature its own advertisement compared to others.

In the Featured Advertisement page

Upseller “SHOW IN THE FIRST PHASE, BOLD CHARACTERS, EXTEND FOR ADDITIONAL PERIOD OF 30 DAYS, POST MY ADVERTISEMENT WITH MY LOGO is available in the Page where the Subscriber may purchase upseller options. If CONTINUE button is clicked without selecting upseller, the text “CONGRATULATIONS YOUR ADVERTISEMENT HAS BEEN PUBLISHED” will appear.

Corporate Subscriber/ User may REQUEST BID- SUBMIT BID between companies.

Advertisement of any company may be viewed in Contracted Manufacturing Advertisements page. Results may be viewed upon making a search by filtering based on province- district, sector and material. Information on the advertisement such as name, material, technology, product quantity, advertisement date may be viewed.

  1. 2.4.3.2. This Service allows Subscribers/Users to ensure that advertisement contents entered over PARKURDA Subscription Account appear in different formats in the listing. In case Subscriber selects one of the services subject to content and fee specified by PORTAL during creation of the advertisement, advertisement will appear in different format than the advertisements for which package selection is not made during Listing based on specifications of the package selected by the Subscriber.
  2. 2.4.3.3. Contents and fees of the package are determined by the COMPANY. COMPANY has right and authorization to change the contents and fees by announcing the same to Subscribers over the Portal. Package purchase is made upon notification of these fees to the information of user/ subscriber during Preliminary Information phase.
  3. 2.5. CONDITIONS AND OBLIGATIONS ON USE OF PARKURDA PORTAL
  4. 2.5.1. Users may perform operations over the Portal for legitimate purposes. Legal and penal liability of each act or operation performed in the Portal shall be assumed by Subscribers/ Users and Subscribers/ Users represent, agree and covenant that the COMPANY shall not assume any legal or penal liability.
  5. 2.5.2. Portal is used to view Contents posted to PARKURDA Database by Users. COMPANY does not guarantee accuracy, security and legal compliance of Contents and advertisements viewed by Users. Users represent and agree that the COMPANY does not have any liability in connection with advertisements and Contents and COMPANY shall not be obliged to compensate any loss or damage.
  6. 2.5.3. Users agrees and covenants that images, texts, video and audio materials, video clips, files, databases, catalogues and lists in the PORTAL shall not be duplicated, copied, distributed, processed or it shall not perform any act or operation that would directly or indirectly create unfair competition.
  7. 2.5.4. User agrees and covenants that it shall not perform any act in the Portal that would lead to unfair competition in accordance with the provisions of Turkish Commercial Code; it shall not act in a manner that would infringe rights of or damage the personal or corporate reputation of third persons or the COMPANY; it shall act in accordance with public order and code of ethics; take measures required under applicable legislation and refrain from any behaviour or act that would breach the law, constitute crime, harass others, damage personal rights, intellectual rights, copyrights, trademark rights and property rights.
  8. 2.5.5. Users are obliged to use the information accessed in the Portal solely in accordance with the purpose of Subscriber that discloses such information or the COMPANY and refrain from viewing the information for any non-commercial purpose. Contact information provided by the Subscriber that posts an advertisement may be used solely for the purpose of contacting for getting information on the advertisement. Personal data and/or special categories of personal data owned by the advertiser or third persons that are under protection of the Personal Data Protection Law No. 6698 shall not be used for any other purpose, copied or directly or indirectly published in other platforms, distributed, processed, transferred to other databases, opened to access or use of third persons.
  9. 2.5.6 COMPANY shall be entitled to use, process, share, disclose data of Users or organize and store them in a database or use for the purpose of communication activities aimed at publicity and providing information, marketing activities and statistical analyses. COMPANY may also use IP address of User, parts of the Portal visited, type of domain, type of browser, date and time information for purposes such as statistical analysis and making proposals and offering customized services. Users authorizes the COMPANY to transfer information of Users to partner companies and these companies to process and use the information of Users for conducting researches aimed at improving Parkurda.com processes, creating database and conducting market researches. Data Policy and Information Notification of the COMPANY are also published in the internet site in connection with PDPL.
  10. 2.5.7. COMPANY is entitled to associate the behaviours of the user in the site with a cookie in the browser in order to perform online behavioural advertisement and marketing; define new marketing lists, use marketing automation tools based on metrics such as number of pages viewed, duration of visit and target number of completion and send special message/ proposal and recommendations to user. Subsequently, that user may be shown targeted advertisement contents based on fields of interest of users in the site or in the other sites in Visual Advertisements Network. In addition, Google may place cookies in browser of Google Users while directing AFS advertisements to the COMPANY or read cookies placed in them or use web markers in order to collect information.
  11. 2.5.8. Access to the database where contents accessed and/viewed over the Portal by third persons solely for the purpose of viewing the contents and/or in accordance with Terms of Use of the COMPANY is in compliance with the law. Any other access in breach of the law and COMPANY reserves right to make claim and file legal action.
  12. 2.5.9 COMPANY allows the use of PARKURDA Interface and prohibits attempts to access all or certain number of advertisements over the database for any other purpose; copy all or a part of the customer information, designs, code and software and information in the database, publish them in other platforms whether fully or partially; transfer to other databases and open to access and use of third persons from this database, commit similar acts including giving link to advertisements over the COMPANY. All these acts are in breach of the law and the COMPANY reserves right to make claim and take legal action.
  13. 2.5.10. It is in breach of the law to use all or a part of the Portal for corruption, changing, reverse engineering, attempt to break the protocols through reverse engineering or any other method; unauthorized access to the parameters such as client verification algorithm or disclose such parameters to third persons, attempt to access the Site in a manner blocking, corrupting communication and technical systems of the Portal or intervening with the systems, use screen scraping software such as automatic program, robot, spider, web crawler, data mining, data crawling, etc. or similar systems, automatic tools or manual processes, access to data or software of other users without authorization, use the Site and Portal beyond the limits of use specified in the Terms of Use and COMPANY reserves right to make any claim and file legal action. In case any use in breach of these conditions and laws is detected, the COMPANY shall be entitled to report the user to competent authorities. User agrees that it shall be directly liable for any loss or claim that may arise from uses described above.
  14. 2.5.11. User represents and agrees that the COMPANY shall not be held liable for any direct or indirect loss or damage that may arise from interruption of the service provided in Portal, delays in information transfer, unsuccessful attempts and loss or data.
  15. 3. RIGHT TO USE CONTENTS- RIGHTS OF USER
  16. 3.1 Operating system of www.parkurda.com: SUBSCRIBER or NON-SUBSCRIBER USERS establish instant communication, find job on introduction pages of users, companies access to CVs of the users over the pages of users that are searching for job, products such as second-hand machines, equipment, etc. are sold over the Portal. Technical infrastructure of www.parkurda.com allows users to sell products in the domain designated for their use; browse the domain of other users, buy products from other users through user accounts, create page for their own company, browse page of users that search for a job, access information of contracted manufacturers. We do not sell, market, advertise, import, produce and distribute any product sold by users over the portal at www.parkurda.com. We do not find jobs based on company information provided at www.parkurda.com. As explained above, this portal is solely aimed at trade between users, making a selection between job seekers through accounts of companies, allowing users to find jobs, proposing contracted manufacturing job, submitting proposals through the technical infrastructure and communication platform. Our company does not provide any content created by users on the internet site at www.parkurda.com internet site.
  17. 3.2 For this reason, our company is not in the position of “content provider” as described in the law . 5651. Our company is in the position of “host and administrator of the systems that host services and contents” as described in the law no. 5651. Therefore, it is not obliged to check the hosted contents or investigate whether any illegal activity is carried our as specified in article 5 of the same Law. Article 13 “Consumption of Rights Arising from Trademark Registration” in the Decree No. 556 on Protection of Trademarks states: “any act related with products are excluded from the scope of the right arising from the trademark registration upon attaching a registered trademark on the product subject to registration and putting the same into the market in Turkey by or with the permission of the owner”. Indeed, there is no legal impediment in offering original products owned through legal ways for sale.
  18. 3.3 Due to technical infrastructure and operational structure of www.parkurda.com, products sold over the site and advertisements are determined by users and the site is updated continuously. The Company endeavours to prevent the sale of products and remove the advertisements that are illegal and lead to infringement of rights in accordance with its site administration policy and performs inspections and checks in the site on a regular basis in order to detect this type of products and advertisements; however, updating of the contents related with the products sold and advertisements on continuous basis by the users lead to viewing of the products and advertisements that are illegal and may lead to infringement of rights time by time in the site. However, for the purpose of preventing this situation, the company immediately stops access to products and advertisements that are illegal or may lead to infringement of rights upon being notified about the infringement by right owners. Thus, it is not permitted to use trademarks in an unfair, improper and unauthorized manner at parkurda.com and infringe intellectual property rights.
  19. 4. USE OF DATA AND CONSENT
  20. 4.1 COMPANY may use the information such as name-surname, telephone number, e-mail address that is required during Subscription beyond the purpose and scope specified in the Subscription Agreement for the purpose of obtaining additional consents in accordance with the applicable legislation, performing communication activities, researches, marketing activities and statistical analyses through SMS, e-mail, site notifications and similar other methods. Further, pursuant to the applicable legislation, personal data may be transferred to business partners of the COMPANY and processed and used by those companies in order to conduct researches, create database and make market researches aimed at improvement of parkurda.com processes. User gives consent for the processing of personal data by real and/or legal persons the COMPANY collaborates with for the specified purposes.
  21. 4.2 Subscriber may organize personal data and data entered into Portal are collected by the COMPANY for the purpose of allowing the use of the Portal’s functions and for the aforementioned purposes. Subscriber represents, agrees and covenants that collection, processing and transfer of these data are compulsory for running the system; otherwise it will not be possible to use services and features offered in the Portal. Information Notification related with the collection, processing and transfer of the personal data in order to use functions of the Portal and/or for the purposes specified in this agreement and each annex thereof is published in the internet site. You are required to read this statement, get information and provide consent by approving (clicking) Express Consent button/ tab under the Subscription Agreement based on your free will. COMPANY may amend Personal Data Protection Policy and other policies , procedures, agreement articles and terms of use related with the personal data at any time. Amendments take effect upon publication in the Portal. Subscriber is obliged to follow these amendments and is not entitled to make any claim against the COMPANY in connection with these amendments.
  22. 4.3 Subscriber is obliged to use only the information accessed over the Portal in accordance with the objectives pursued during disclosure by Subscriber or COMPANY, and represents, agrees and covenants that it is directly responsible for protection, processing, transfer of Personal Data of USERS or third persons and complying with all obligations in PDPL and the COMPANY does not have any obligation and liability under PDPL in connection with any personal data other than personal data compulsorily collected for the use of the internet site. Subscriber represents, agrees and covenants that the relevant loss shall be compensated full at once in cash in case the COMPANY suffers from any loss as a result of decisions made in connection with personal data by the Personal Data Protection Board or administrative authorities or courts in case it acts in breach of the obligation for protecting the personal data or processes, transfers personal data or the use thereof leads to an infringement.
  23. 4.4 In case Subscriber is a real person who is citizen of a state that is member of the European Union, that subscriber represents, agrees and covenants that Personal Data Protection Law No. 6698 and subordinate regulations shall apply to personal data; Turkish laws shall govern any dispute that may arise regardless of the rules on conflict of laws, European Union Directive No. 85/46/EC and General Data Protection Regulation (GDPR) that will take effect on May 2018 in the European Union shall not be applied and waives from application of the rules on conflicts of law in accordance with Turkish Law on International Private and Procedural Law.
  24. 4.5 Subscriber represents, agrees and covenants that in case personal data disclosed by reason of subscription and/or advertisements are recorded, processed, shown in search results by Google or other search engines or similar other data indexing systems, the COMPANY does not have any involvement or contribution thereto and the COMPANY shall not be held liable for processing or transfer of the personal data for indexing purposes and in systems structured for any other processing or transfer process, and claims shall be made to other search engines or search systems particularly including Google and real and/or legal persons who operate indexing systems.
  25. 4.6 Subscriber represents that in case special categories of personal data are published in the Company’s Portal during posting of the advertisement or by any other reason whatsoever, special categories of personal data shall be made public and retravel of these special categories of personal data by the Company for any purpose directly or indirectly related with the Portal, processing and transfer thereof shall not be in breach of the law and accordingly, INFORMATION NOTIFICATION is published under the Subscription Form and at our site in connection with collection, processing and transfer of the special categories of personal data by the Company limited with contractual purposes. Upon reading and understanding this form, you are required give consent by approving (clicking) Express Consent button/ tab. In case you refrain from giving consent, Subscription Agreement shall not be made in accordance with commercial and legal purposes of the Internet Site.
  26. 5. OBLIGATIONS OF A SUBSCRIBER USER/ BUYER
  27. 5.1 Subscriber agrees and covenants that s/he shall comply with all applicable legislations and code of ethics, rules and statements provided in the Portal and s/he understood and approves provisions of Subscription Agreement and all conditions and rules in the Portal.
  28. 5.2 Subscriber agrees and covenants that the Company is obliged to make disclosure to official authorities in accordance with the provisions of applicable legislation, authorized to disclose confidential/ private/ personal data- special categories of personal data/ trade data of Subscribers to official authorities and n claim shall be made for losses or damages from the Company by this reason. In addition, the Company may provide the name-surname of Subscriber to the relevant party in case Subscriber submits a notification to the Company stating that a legal action will be filed based on the infringement of rights of a real or legal person in connection with advertisements posted in the Portal.
  29. 5.3 Subscribers are responsible for ensuring security of the “user name” and “password” used to access PARKURDA Subscription Account and ensuring that subscriber is the only user thereof and protecting them against access of third persons. Subscriber shall be liable for any pecuniary and/or nonpecuniary loss or damage that may be suffered by Subscribers and/or COMPANY and/or third persons due to omission and negligence on this matter.
  30. 5.4 Subscriber agrees and covenants that the information and contents provided in the Portal are accurate and in compliance with the law and publishing of the information and contents in the Portal or sale or offering of the products in connection with these contents does not breach any law in accordance with the applicable legislation. COMPANY is not obliged to investigate the accuracy of information and contents provided to the COMPANY by Subscriber or uploaded to the portal by Subscriber and it shall not be held liable for any loss or damage due to publishing thereof or any error or mistakes with the information and contents in question.
  31. 5.5 Subscriber is not entitled to transfer all or a part of rights and obligations under this agreement to any third person without obtaining written consent of the COMPANY.
  32. 5.6 Subscriber may use the Portal solely for purposes that are in compliance with the law. Any action or behaviour of the Subscriber in the Portal shall be subject to its own legal and penal liability. Users agrees and covenants that he /she shall not duplicate, copy, distribute, process, transfer to another database or upload to the Portal any image, text, video and audio materials, video clips, files, databases, catalogues and lists that would infringe rights in kind or personal rights of the COMPANY and/or any other third person; no commercial activity shall be performed through aforementioned operations; and no behaviour or action shall be performed in a manner leading to unfair competition, whether directly or indirectly. COMPANY shall not be held liable, whether directly or indirectly, due to any loss or damage that is or may be suffered by third persons as a result of Subscriber’s activities in the Portal that are in breach of the provisions of this agreement and the law.
  33. 5.7 COMPANY allows Subscribers to view the advertisements and use the PARKURDA Interface solely for the purpose of understanding contents of the relevant advertisements, the COMPANY does not permit and consent any attempt to access personal data of companies and Users over the database for any other purpose, copying all or a part of the product sale advertisements placed by companies and information of Users and companies, deriving, publishing them in other platforms, processing, transferring to other platforms and opening them to access or use of third persons directly or indirectly and commission of any similar act including providing link to advertisements in the platform. This type of acts are in breach of the law and the COMPANY reserves right to make claim and file a legal action.
  34. 5.8 Subscriber agrees and covenants that the COMPANY does not have any liability in connection with defects of goods and services purchased from third persons, seller of the relevant product and service/ i.e. Subscriber shall be liable for any claim or obligation within the scope of the Consumer Protection Law and other applicable legislation and COMPANY is hereby released from any relevant obligation and liability.
  35. 6. INTELLECTUAL PROPERTY RIGHTS
  36. 6.1. Information accessed over this Platform or provided by users in accordance with the law and all elements of this Portal (including but not limited with PARKURDA Database, PARKURDA Interface, design, text, sign, html code and other codes) (hereinafter referred to as “works of the COMPANY that are subject to property rights) are owned by the COMPANY and/or licenced from a third person by the COMPANY. Users are not entitled to resell, process, copy, share, distribute, represent information of the Company and works of the Company that are subject to property rights or open them for access or permit the use thereof. Unless expressly permitted by the Company under these Terms of Use, works of the Company that are subject to property rights shall not be duplicated, processed, distributed or no derivative works shall be created using such information.
  37. 6.2. Unless otherwise expressly permitted by the Company, Company reserves all rights in connection with services of the Company, information of the Company, works of the Company that are subject to ownership rights, trademarks of the Company and any other asset or information provided over this site.
  38. 7. LIMITED LICENCE
  39. 7.1 You may only view and use the Contents in this website and this website in order to get information about companies, products, services, industries, news or works listed in this website. Except for the foregoing, you are not entitled to duplicate, copy, modify, communicate, represent, sell any other information service or information of third parties, create derivative works therefrom or offer for use by any other method whatsoever. Any method or process that is known now or developed in the future including but not limited with this website shall not be downloaded in a disk driver or any other storage media or copied by any other method whatsoever. Notwithstanding the foregoing, you are not entitled to permit the use of the Content for the purpose of preparing an original database or making a comparison with another database that is bought, leased or published. You are not entitled to scrape the website or use any other data mining, robots and similar other data collection and mining tools. Notwithstanding the foregoing, you are entitled to print, download or create only one copy of the inputs and information hereunder solely for internal use and provided that they are not provided to any third party for business income or financial interests. You secure the relevant copy with copyrights and other special notices.
  40. 8. FORCE MAJEURE EVENTS
  41. In any event that is considered as force majeure event under the applicable law, the Company shall not have any liability in connection with delayed performance, incomplete performance and non-performance. A force majeure event shall be interpreted as events that develop beyond reasonable control of the relevant party and cannot be prevented despite due care of the Company and force majeure event includes but is not limited with acts of god, war, fire, strike, riot, rebellion, adverse atmospheric conditions, infrastructure and internet failures, improvement and upgrade works related with the system and any other relevant failure, power cut.
  42. 9. TERMINATION AND REJECTION OF SUBSCRIPTION
  43. Subscription shall be terminated as of the relevant month upon requests for termination that are notified to the Company following the date on which subscription is activated. A Subscriber providing services in the Services category gives consent to receive notification messages in the site, e-mails, SMS, electronic messages and short messages and calls for introduction and information purposes unless subscription is cancelled.
  44. Corporate member shall not have right to participate in the campaign and lottery in case subscription is terminated within a period of 30 days following the activation in the period during which the Company organizes a campaign or lottery.
  45. Corporate subscription may be suspended or immediately terminated at the discretion of the Company in case services are in breach of PARKURDA Portal Subscription Agreement, leads to infringement of rights and codes of ethics, misleading, incomplete information that is not consistent with official documents is provided during application and update of subscription information.
  46. 10. GOVERNING LAW AND JURISDICTION
  47. Turkish laws shall apply to enforcement, interpretation of these Terms of Use provided that rules on conflict of laws shall be excluded from management of legal relationships arising from these Terms of Use. Any dispute that may arise from these Terms of Use shall be settled by Istanbul Merkez (Caglayan) Courts and Enforcement Offices.
  48. 11. EFFECTIVE DATE and ACCEPTANCE
  49. These Terms of Use shall take effect on the date of publishing in the Portal by the Company. By using the Portal Subscribers/ Users accept Terms of Use and any amendment that may be made time by time.
  50. 12. CONSENT ON COMMERCIAL ELECTRONIC MESSAGE
  51. By accepting this agreement, user consents Company or Portal to send Commercial Electronic Messages. In case User does not desire to receive Commercial Electronic Message at contact details entered into the system, Right to REJECT may be exercised at any time by changing the preference in the user procedures page or using the link sent in the consent message sent to user.

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