1. Parties
These Terms of Use and User Agreement ("Agreement") is between, on the one hand, as a service provider, FOTECH Fiber Optik Teknolojik Hizmetler San. and Tic. Ltd. Sti. (FOTECH) addressed Ataşehir Bulvarı 38. Ada Ata 3/3 Plaza Kat: 5 Daire: 51, 52 Ataşehir 34758 İstanbul Türkiye and the User, Member or Visitor, www.fotech.com.tr/en/ (http://www.fotech.com.tr/en/), according to the Law on Electronic Commerce Regulation numbered 6563.
2. Purpose of the Agreement
2.1. The purpose of the Convention is to ensure that FOTECH owns the website www.fotech.com.tr/en/ (http://www.fotech.com.tr/en/) and the website 'Web' or 'Web Site' or to determine the conditions under which the products and services will be offered.
2.2. FOTECH is an electronic commerce service that provides products and services to its users. These services are provided through the website which is published on www.fotech.com.tr/en/ (http://www.fotech.com.tr/en/).
2.3. The contract is valid for all natural and legal persons and consumers who use the FOTECH website, who visit and / or shop on the internet.
2.4. The products or services that FOTECH sells on the Website are mainly in the scope of commercial business. However, consumers can also benefit from services on this site. From this perspective; Some of the provisions of the Convention may not be legally valid for consumers. In this case, a pre-information form for consumers (prelminary form for consumers (https://www.fotech.com.tr/en/content/preliminary-information-form), consumer-oriented sales contract) (https://www.fotech.com.tr/en/content/distant-sales-and-commercial-purchase-contract) must be read and approved.
2.5. The user declares and undertakes that he / she is informed about the following issues and accepts them before accepting the order.
a) FOTECH's current promotional information,
b) that the technical steps to be followed for the establishment of the Convention can be easily accessed by him and there is no need to give such technical information to himself;
c) The text of the contract shall be retained by FOTECH for a period of 10 years after the establishment of the Convention; That the User shall be able to access the text of this Agreement from time to time after placing the order and making the payment;
d) The necessary information is provided on the Web Site regarding the technical tools for clearly and comprehensively identifying and correcting errors in data entry; that there is no need for any special information about this issue,
e) The privacy rules applied are included in the relevant sections of the Web Site; there is no need for any special information on this issue, there is no need to inform about this as there is no special regulation in the Convention about alternative dispute resolution mechanisms,
2.6. Use of the Web Site indicates that the User has read and accepted the Agreement. It is therefore binding on users, visitors and members who benefit from the Contract Website. Those who use the Website are committed to act in accordance with the provisions of this Agreement, whether they are visitors or members. The word "user" in the text of the contract includes "members" and "visitors". By accessing, viewing or using this website, you acknowledge and agree that you have read and understood these terms and that you comply with all applicable laws. If you do not agree to these terms, please do not use this website.
3. User's Obligations
a) The user hereby declares and undertakes that he / she has read the entire Agreement, fully understood its content and acknowledges and endorses all the matters as specified in the Agreement and on the Website, indifferently and unconditionally.
b) The User shall not infringe the public service of the service provided by FOTECH in a way that infringes the public order, violates the general morality, annoys and harasses others, for an unlawful purpose, rape the intellectual or industrial rights of others (copyright, trademark or patent, etc.). can not use. In addition, other than the use of the services provided on the Web site to prevent or make things difficult to use. The user agrees and undertakes to comply with the above-mentioned restrictions.
c) The User may not give the password given to him by FOTECH or other persons or organizations designated by him. The User's rights to use in the Contract are solely with him / her or be transferred to others. The User is responsible for the use of the username and / or the password by other persons and cannot hold FOTECH responsible in any way.
d) The User is under his / her own responsibility to ensure the security of the user name and password he / she has chosen when becoming a member of FOTECH, not to take necessary measures, not to use other members' membership accounts, user names, passwords, not to access their data without permission and to not share their own passwords with others; that the legal and criminal responsibilities to be born shall belong to him; notify FOTECH immediately if they have learned that member accounts have been used by unauthorized persons or that their passwords have been received by others; It accepts and undertakes that FOTECH cannot be held responsible for the passwords, membership accounts, user names of third parties.
e) The User agrees not to access or use the software, personal data or other information of other users who benefit from the services provided on the Website without the permission of third parties.
f) User, messages containing legally forbidden information, chain mail, virus, worm, etc. that you will not distribute any other content that may harm third parties through malware; accepts, declares and undertakes not to send programs or information or to use any method that will harm the information or software on other users' computer.
g) The User agrees and agrees to abide by the notifications of the Intellectual Property Law, Industrial Property Law, Turkish Commercial Code, Turkish Criminal Code, Turkish Code of Obligations and other legislation and notifications issued by FOTECH as long as the user makes use of the services provided on the FOTECH Website. and undertakes.
h) FOTECH logo on the Web Site of FOTECH means the content and financial right of the content and software of FOTECH. The User shall not use any method for monitoring and / or copying, reproducing, altering the contents of the Web Site or for other purposes that are not permitted or authorized; it accepts, declares and undertakes that it will not create derivative works of this content or expose them to the public.
i) The User understands that FOTECH is aware of the contents, graphics, text, images, visual, text and similar content provided by users through the Website, and therefore is responsible for the User who publishes the content from any content provided by other Users, and is in no way responsible for FOTECH and that the content has the right to discontinue the content if the content is published by FOTECH, or if it is against the law or if it is evaluated by FOTECH, it has the right to object to the removal of the content.
i) If the information given by the user is correct and the information he / she gives is changed at the first opportunity and legally for a period of time, he / she will update this information and all opinions, opinions, expressions and pictures to be published by him / her shall have no interest and connection with FOTECH. declares, accepts and warrants that it will only bind itself.
j) The User may not use the Website as a commercial promotion area. They may not attempt to promote or sell products or services through the Website, or to redirect other users to sales channels. FOTECH reserves the right, in its sole discretion, to terminate and / or discontinue the membership of its members who have determined that the Website is used for such purposes, and to seek legal remedies for the compensation of any loss or loss.
k) The Member cannot claim any rights from FOTECH in the event of termination of membership or termination of membership by FOTECH.
l) The User, either a member or a visitor only, is in breach of any obligation under this article;
- In case of loss, it is not entitled to request from FOTECH, for this purpose, it will not direct any litigation or demand to FOTECH,
- If a third person has suffered damages due to his / her violation, he / she knows that he / she will recourse to him / her with all the legal interest and the other ones after FOTECH has paid the damages.
- FOTECH is aware of the fact that FOTECH will recourse to him / her with all the legal interest and its other subscribers since the date of the actual payment, if FOTECH has caused a judicial or administrative fine due to the violation,
- If FOTECH has a direct loss due to its violation, it shall accept, declare and undertake the related loss to FOTECH together with all legal interest and ferrules since the date of the loss.
4. Authorities of the Website
a) FOTECH shall always, unilaterally, terminate, limit and destroy the User, the service provided to the member, either permanently or temporarily, without any reason and without warning, to specify the user access on any page or service. The user cannot therefore hold FOTECH accountable under any name.
b) FOTECH shall have the right to terminate or discontinue the use of the Membership, which is in violation of the Membership information and the other User's terms and conditions, without any explanation. In addition, FOTECH reserves the right to terminate or terminate the accounts of the members that it has not updated during the specified time period without any explanation.
c) FOTECH does not guarantee that the services it provides on the Web will be uninterrupted or error-free or that certain results will be obtained by using the site's content or by linking to the site. FOTECH does not guarantee that the user's system will not be damaged due to the nature of the information systems as a result of any application or file or similar content uploaded to the site by FOTECH, although the users and members have taken all kinds of security measures related to the service provided by the Website. FOTECH cannot be held responsible for any damages that may result from the use of the Web.
d) FOTECH reserves the right to refuse, delay, postpone, publish or discontinue the content from Users, e-mail or any messages contained in its pages without showing any reason.
e) The right to perform advertising and promotional activities on the Web Site of FOTECH only belongs to FOTECH or the third parties authorized by FOTECH.
f) FOTECH may link to other sites with or without its own brand on the Website. When the sites that FOTECH offers or recommends, may change over time, the external sites are responsible for the external sites and the external sites for the visits to these sites, the users' use of information, the privacy principles and the content of the relevant sites are entirely responsible for the external site. and FOTECH is not responsible.
g) The collection of user names, e-mails and other personal data on the Web Site by unauthorized and unauthorized persons for any reason constitutes a criminal offense.
h) The content of FOTECH, Web Site may not be suitable for children under 18 years of age. FOTECH does not request information from children under 18 years of age. If we notice that a user under 18 years of age has shared personal information with FOTECH, we will delete this information from FOTECH systems. If a parent discovers that his child is sharing his personal information on FOTECH Platforms without his consent, he may request that personal information be deleted by contacting FOTECH. Records will be deleted from the systems immediately, except for legal records.
ı) FOTECH is not responsible for price, product and any update errors caused by technical reasons, and may update and modify the prices announced on the site at any time.
5. Privacy and Processing of Personal Data
a) In order to serve you better, to understand your needs and interests, FOTECH collects, transmits and uses personal information by making appropriate notifications and obtaining approval. If you use the website and remain only as a user or become a member by completing your membership, you agree, declare and undertake the following terms and conditions. In addition to the information you provide, FOTECH may also collect information through the Automatic Data Collection Tools when you visit a FOTECH site, such as Web signals, cookies, scrambled Web links, and other frequently used information collection tools. These tools collect certain standard information that your browser sends to our website, such as your browser type and language, access times, and the address of the website on which you switch to one of the FOTECH websites. In addition, this information may include your Internet protocol (IP) address, clickthrough stream behavior (that is, the pages you view, links you click, and other actions you perform in connection with FOTECH websites) and product information. FOTECH may also use some of these Automated Data Collection Tools in some e-mails. It can also collect information when you open an e-mail or click a link in the e-mail.
FOTECH also collects information from commercial sources, which it believes to be reliable. Your name, address, e-mail address and demographic information may be included in this information. The information that FOTECH collects from commercial sources can be used with information collected by FOTECH when you visit FOTECH websites. For example, FOTECH can compare geographic information from commercial sources with the IP addresses it collects with Automatic Data Collection Tools to determine your overall geographic location. If you stay only as a visitor and visit our pages without membership, we will not collect any information other than your legal obligations. If you allow cookies (these permissions can be managed by you in the settings in the browser program you use on your computer / mobile device), we may have access to some additional information about you. If you become a member of the Web Site, we may try to provide you with a complete service. To register your membership and to separate you from other Members; name, surname, date of birth, marital status, city and neighborhood, educational status, gender and to communicate with you; your mobile and business phone numbers and e-mail information or the information you provide through the social media platform you are a member of. Location data received via electronic devices can also be processed within the scope of our services. In the future, additional information, such as interests, family information, can be obtained to increase the benefits to the Members. Your personal data in the form you fill in to become a member; to receive your orders, to provide our products and services, to make payments, to contact you for your orders, products and services for marketing purposes, to suggest products and services that may be of interest to you, to send campaigns and promotional announcements related to brand partnerships, to provide technical, logistical and other functions of third parties on our behalf. procurement, taking over, sending notifications via e-mail or notifications, answering your questions and providing effective customer service, providing information about new contents with automatic / non-standard methods, taking over, taking place in written / magnetic archives in the country and abroad , storage, storage, making available, using, updating, replacing, merging, reorganizing, classifying, disclosing, sharing, domestic or abroad shall be processed by transfer and other means and shall not be used for any purpose other than this program. In the event that personal information changes within the scope of the Program, Members may make necessary updates or request such updates to be made. FOTECH may contact the Member via SMS / short message, instant notification, automatic call, computer, telephone, fax, electronic mail and other electronic messages and other shipping forms. If you consent to the sending of electronic messages in this Member, campaign, electronic bulletin and other means, you may request this confirmation at any time in accordance with the instructions in the messages or at https://www.fotech.com.tr/en/unsubscribe-enewsletter (https://www.fotech.com.tr/en/unsubscribe-enewsletter) by clicking on the link "If you do not want to receive weekly announcement e-mail from FOTECH" or at https://www.fotech.com.tr/en/contact (https://www.fotech.com.tr/en/contact). You can contact FOTECH by contacting FOTECH on the tr / contact page and forward your request to leave.
6. Termination and amendments
FOTECH and the User may terminate this Agreement at any time.
FOTECH reserves the right to change, adjust and update the services it offers on the website at any time and in accordance with the legal regulations under the terms of this membership agreement. These changes, adjustments and updates are deemed valid from the moment they are published on the Web.
Users are deemed to have accepted updated / modified / adjusted items in each new entry to this Website.
User, member; (I) to immediately compensate for any loss and damage caused by FOTECH and / or third parties as a result of the non-performance of the acts and / or acts and acts which are contrary to the rights and obligations specified in the Agreement and / or by the FOTECH from the date of use of the service provided in accordance with the provisions of this Agreement; It accepts and undertakes that FOTECH may terminate the membership of the member and terminate the Agreement unilaterally.
7. Applicable Law and Jurisdiction
This contract, regardless of conflict of laws rules is subject to the laws of the Republic of Turkey will be resolved according to the law and Istanbul Anadolu Court of Justice and the Executive Office will be authorized as a task and location.
8. Notification Addresses
The address that the User or Member notifies FOTECH shall be accepted as a legal notification address for any notification to be made regarding the Contract. Unless the User or Member informs FOTECH of any changes to their current address within 3 (three) days, the User acknowledges that the notifications to the old addresses shall be valid and shall be deemed to have been made to him / her. Any notification that FOTECH will make using the e-mail address of the member registered in the system is valid due to the agreement and it will be accepted that the e-mail is received by the FOTECH within 1 (one) day after being sent by FOTECH.
9. Enforcement
The User or the Member agrees, agrees and undertakes that he / she reads, understands, accepts and agrees with the accuracy of the information given in the Agreement. This Agreement has been concluded for an indefinite period since the User or member has ratified the Agreement and is a member of the Web Site. The Convention shall automatically be null and void without the need for any remedies upon the termination of the membership or any of the annulment conditions listed in the Convention.