COMPANY WEB SITE UTILIZATION AGREEMENT
The person (“User”) who visits the web site www.novatemed.com (“Web Site”) or other web sites of Novatemed Innoceuticals A.Ž. (“Company”) where some products and services of the company are published and who benefits from the services we provide by means of this Web Site, is considered (i) to have read the terms and conditions of the Web Site Utilization Agreement (“Agreement”), and (ii) to have accepted being bound by the provisions of this Agreement. (The User and the Company shall be hereinafter referred to as “Parties” collectively.)
1. Subject and Purpose
The purpose of this Agreement is to?determine, between the Company and the User, the terms and conditions applicable to the utilization of the Web Site and to ensure its binding effect and effectiveness. The provisions of this Agreement and the Confidentiality Agreement are complementary to one another.
2. Provisions about the Utilization of the Web Site
2.1. The Company shall always reserve the right to improve, modify, change and amend all or part of this Web Site, including the provisions of this Agreement, to restrict or forbid the access, stop its publication or remove from publication continuously, without making any notification. These amendments shall immediately come into force upon the publication of the amended agreement on the Web Site. The Users are required to visit the relevant parts of the Web Site frequently in order to become aware of these amendments.
2.2. Copying, multiplying, distributing, processing and/or using the written and visual materials provided within the content of the Web Site without taking permission for any reason, shall constitute a crime within the scope of other related provisions, including without limitation the provisions of Law of Intellectual and Artistic Works and the Turkish Commercial Code, while legal and criminal proceedings shall be implemented about those fulfilling these actions. It is required to make all kinds of efforts with diligence and to take necessary precautions in order to protect the intellectual and industrial work. Otherwise, the Company reserves the right to take all kinds of legal actions.
2.3. This Web Site hereby cannot be published as a framework or in similar ways within another web site unless explicitly permitted by the Company. An e-mail should be sent to the address info@novatemed.com for the aforesaid permit application and the authorized unit should be contacted with regard to the issue.
2.4. The Company does not guarantee that the downloadable files of the Web Site are free of all kinds of damaging codes or materials such as viruses, and declares that it is not liable for the damages that may be incurred by the User or the 3rd persons due to such damaging codes, files or materials. It is completely under the responsibility of the User to prevent such damaging codes, files or materials, to enable the accuracy of the data-inputs-outputs, to meet all the software and hardware needs required for the recovery of a lost data, to make the maintenances and updates.
2.5. The User admits and declares that it undertakes all the liability and risks arising from the utilization of the Web Site. The Company presents the Web Site and all elements included in its content on “as is” basis. It is completely under the responsibility of the User to evaluate the accuracy, completeness, usability and/or usefulness of all the contents published, including without limitation all the information, opinions, recommendations and/or advisory estimations, services and all kinds of materials provided by means of the Web Site.
2.6. The accuracy of the information provided during the shopping made over the Web Site is under the responsibility of the User. The Company shall not be liable for transactions carried out with the user information of another person and/or with the credit card of another person.
2.7. With regard to the utilization of the Web Site, the User accepts, declares and warrants that;
(i) It will not violate the laws of the Republic of Turkey and/or other governments, the international conventions,
(ii) It will not deliver any message, information, data, text, software, image and/or similar materials, which require the legal and criminal liability of the User in a way to violate, threaten, insult and curse, abuse or misuse the laws of the Republic of Turkey and/or the laws of other governments, and the international conventions which the Republic of Turkey is or is not a party to, as a tort or defamation in a rude, vulgar, abusive way or in a way to violate the confidentiality rights of another person.
2.8. The Company shall not be responsible directly or indirectly for the material and/or moral damages and/or all kinds of other demands arising from the utilization of the Web Site.
2.9. The User accepts, declares and warrants that it will pay an amount of 25.000 US (Twenty five thousand American Dollars) to the Company for each violation as a penalty in the event that it does not comply with the obligations stated within the scope of the Agreement; that this penalty clause is not outrageous and; that it will not ask for the reduction thereof before the courts.
3. Limitations on the Liabilities of the Parties
3.1. The Company shall not be liable for the direct or indirect damages arising from any kind of transaction, file, service, information, data and similar materials provided and/or downloaded through the Web Site or, for the delay of such information or services.
3.2. The Company shall not be liable for any demand arising from the faults, defects or other deficiencies in the Web Site.
3.3. The User shall be responsible for the good operation, maintenance, security, update of all kinds of equipments, including all the telephones, computer hardware, internet, computer security required for site access and site utilization and, for all kinds of charges, taxations and all kinds of relevant monetary obligations about these equipments. The Company shall not be held liable for the damages that may be incurred due to the noncompliance of the User with these obligations.
3.4. In the event that the User violates any article of this Agreement as a result of the access and utilization of the Web Site, it shall be liable for all kinds of damages and losses including also the charges and expenses for legal action and attorney fees arising from such violation.
3.5. The Company reserves the right to disclose current and/or past User information in the event that the User account is determined to be used for unlawful actions by a court decision.
3.6. This Web Site cannot be used for any illegal purpose. Insulting, humiliating, defaming, vulgar, cursing, immoral contents or contents damaging the personal rights of any person and violating the confidentiality cannot be sent, used, published; such contents are not permitted by the Company.
3.7. The User shall not send messages, spam e-mails and similar materials which may affect the operation of this Web Site and the utilization thereof by other visitors. Otherwise, the Company reserves the right to claim compensation from the User for all kinds of damages incurred due to such conducts.
4. Authorized Court
4.1. Turkish laws shall apply in the settlement of disputes arising from this Agreement between the Parties, in the implementation and interpretation of all or part of the Agreement. Parties shall unconditionally accept this without any reserve.
4.2. Istanbul courts and enforcement offices shall be authorized in the settlement of disputes arising from this Agreement between the Parties.
5. Contractual Provisions
5.1. No deficient implementation (or partial exercise) of one or more provisions of this Agreement shall operate as a waiver by the Company of such provisions or rights.
5.2. The invalidity of any provision of this Agreement or unenforceability thereof due to a legal, administrative or factual reason shall not affect the enforceability or validity of the entirety of this Agreement.
5.3. The provisions of this Agreement and the Confidentiality Agreement are complementary to one another.
Novatemed Innoceuticals A.Ž. User