MOBILE APPLICATION USER AGREEMENT

 

ARTICLE 1-PARTIES

The mutual rights and obligations regulated by this Agreement between the user and ACIKMAVI PSIKOLOJIK DANISMANLIK VE EGITIM MERKEZI TICARET LIMITED SIRKETI domiciled at UBM Plaza 19 Mayis Cad. 19 Mayis Mah. No:37 K:3 Fulya-Sisli / Istanbul (hereinafter be referred to as “AcikMavi Sti”) shall become effective upon the user, who will benefit from the SUBBON mobile application within the terms and conditions set forth in the agreement, confirms electronically that the user has read, understood and accepted this agreement when the user has completed the membership registration.

 

ARTICLE 2-DEFINITIONS

The following definitions are the ones to be referred to within the scope of the agreement and shall be used within the framework of the meanings set out below.

 

2.1 Application: The mobile application named SUBBON refers to the mobile application software running on mobile devices and refers to all the virtual mediums through which the products and services created in connection with this software are offered.

 

2.2 User/Member: Refers to the persons who sign up for the application through the methods determined in this agreement and benefit from the products and services -offered by the application- within the terms and conditions set forth in this agreement.

 

2.3 Recipient: Refers to the persons who sign up for the application through the methods determined in this agreement and benefit from the products -offered by the application- within the terms and conditions set forth in this agreement and purchases the products under distant sales contracts.

 

2.4 System Access Tools: Refers to the information known only by the user such as the user’s account administration page, username, password, code, passphrase providing access to the application.

 

2.5 Services: Refers to all the actions and transactions set forth in order to enable the users to receive the services contained in article 6 of the agreement and described in this agreement, within the SUBBON application.

 

2.6 Communication Channels: Refers to communication mediums such as push notification, e-mail, sms, mms, notification by phone.

 

2.7 “My Application Information” Screen: Refers to the web page which is designated to the user and is only accessible by the username and password set by the user and where the user enters its personal information and the information requested from the user on application basis and can perform the transactions necessary for the user to benefit from the services included in the scope of the application.

 

2.8 Personal Information/ Confidential Information: Refers to the name/surname, personal address, phone number, e-mail address, and all kinds of information aimed to identify the user.

 

ARTICLE 3- SUBJECT MATTER AND SCOPE

The subject matter of this agreement is to set forth, for all the products and services which are available in the SUBBON application and/or will be offered by ACIKMAVI in the future, the terms and conditions to benefit from these products and services and the parties’ mutual rights and obligations within the framework of this agreement.

 

 

ARTICLE 4- TERMS OF MEMBERSHIP AND USE

4.1 The persons, who wish to benefit from the application, may become a member of the application by filling up of the form available on “my application information” screen and/or by connecting through their Facebook accounts through the code sent to their mobile phones. The users may log in the application by entering their e-mails/usernames and passwords.

 

4.2 In case it is determined, in any way, that there are applications made by persons who are not of full legal age, or for legal person members, there are applications made through the channel of the persons who are not authorized to represent and bind the legal person; they shall not enjoy the rights pertaining to the “User”, even if they have completed the registration process. Any requests and transactions otherwise and any losses that may occur are not under the responsibility of AcikMavi Sti.

 

4.3 In order to become a member of the application, it is necessary that AcikMavi Sti has not temporarily removed the user from membership or that AcikMavi Sti has not prohibited the user’s membership for an indefinite period of time. As stated above; even if the persons -who are temporarily removed from membership by AcikMavi Sti. or whose memberships are prohibited for an indefinite period of time by AcikMavi Sti under article 5.1 of this agreement- have completed their registration process, this shall not have the consequence for these persons to become entitled to become the member of the application, and AcikMavi Sti shall not be liable for any losses that might occur for this reason.

 

 

ARTICLE 5-MUTUAL RIGHTS AND OBLIGATIONS

5.1 User’s Rights and Obligations

5.1.1 The user acknowledges that it shall comply with the applicable legislation and all the terms and conditions contained in this agreement, while performing procedures of use, utilizing the products or services in the application and while performing any transactions related to the products or services in the application and that it has read, understood and approved all terms and conditions set forth in this agreement.

 

5.1.2 The user agrees that, in cases where AcikMavi Sti is obliged to make a statement to the official authorities as required by the mandatory provisions of the laws in force, in the event that such information is duly requested by the official authorities, AcikMavi Sti shall be authorized to disclose to the official authorities the users’ confidential/private/commercial information, and the user further agrees that it shall not, for this reason, claim any indemnities against AcikMavi Sti irrespective of the names under which they may be claimed.

 

5.1.3 The user approves that AcikMavi Sti shall be authorized to disclose the members’ commercial information to its business partners with which AcikMavi Sti has concluded agreements intended for fulfilment of the products and services relevant to this agreement and/or for these purposes and the user agrees that any indemnities shall not, for this reason, be claimed against AcikMavi Sti irrespective of the names under which they may be claimed.

 

 

5.1.4 The user is obliged to keep confidential the System Access Tools (username, password, code, etc.) that the user uses in order to access the application. The right to use the System Access Tools exclusively belongs to the user. The user shall not disclose this information to third parties. The user is entirely responsible and liable for the consequences pertaining to the use of the System Access Tools by a third party. AcikMavi Sti is not obliged to identify such persons making such improper uses. The user agrees, declares and makes the commitment that, without prejudice to the provisions mentioned above, the user is responsible and liable for the use of this information by a third party and for the consequences pertaining to this use and that the transactions performed through the use of this information are binding on the user. In case the user finds out that its password has been acquired by others, the user is obliged to inform immediately AcikMavi Sti about this matter.

 

5.1.5 The user acknowledges and makes the commitment that the information and the contents provided by the user within the application are accurate and lawful. AcikMavi Sti is not obliged and responsible to investigate the accuracy of the contents and information the user has uploaded, altered or provided through the application and is not obliged and responsible to warrant and guarantee that such information and contents are secure, true, accurate and lawful and AcikMavi Sti shall not be held liable for any losses to occur as a result of such information or contents being untrue, inaccurate or erroneous.

 

5.1.6 The user acknowledges, declares and makes the commitment that all transactions made on the page “related to Application, Profile, Child information and all kinds of information” are carried out exclusively and independently by the user. The user makes the commitment that the contact information it has provided to AcikMavi Sti belongs to the user and is only under its own control and that the user actively uses this contact information. The user shall be obliged to compensate and indemnify all kinds of losses that may be suffered by AcikMavi Sti by the reason that this contact information does not belong to the user or that the user does not actively use the contact information. The user agrees and declares that, in case the user brings into use of or transfers to others the subscriptions created for the user, AcikMavi Sti has the right to terminate this Agreement unilaterally and without notification and to terminate the user’s membership. Without AcikMavi Sti’s written consent, the user is not entitled to transfer, in whole or in part, to any third parties this agreement or its rights and obligations included in the scope of this agreement.

5.1.7 The beneficiaries of the products and services provided by AcikMavi Sti may only perform transactions for lawful purposes within the application. The civil and criminal liabilities for all transactions and actions performed by the user within the application remain with the user itself. The users accept that, while using the application, they shall comply with the provisions of the International Criminal Law, the Turkish Criminal Code, the Turkish Commercial Code, the Turkish Code of Obligations, the Consumer Protection Law, the Regulation on Distant Sales, the Law No. 5651 on Regulating Broadcasting in the Internet and Fighting Against Crimes Committed Through Internet Broadcasting, the Law on Intellectual and Artistic Works, the decree laws and statutory regulations on Protection of Trademarks, Patents, Utility Models, Industrial Designing Rights and all relevant applicable legislation as well as the notifications to be published by AcikMavi Sti in relation to the application.

 

5.1.8 The user acknowledges that the application is owned by AcikMavi Sti and is operated by AcikMavi Sti. The contents of the application are under protection in terms of Intellectual and Industrial Property rights. The user accepts and makes the commitment that it shall not reproduce, duplicate, distribute or process any images, texts, audio and visual images, video clips, files, databases, catalogues and lists available within application in such a way which would infringe real or personal rights, assets of AcikMavi Sti and/or any other third party.

 

5.1.9 AcikMavi Sti does not have any responsibility due to the contents published in the application and in web sites linked through the application by third parties, including the user. The commitment of trueness, accuracy and lawfulness of the information, contents, visual and audio images are entirely under the responsibility of the persons who perform these actions. AcikMavi Sti does not undertake and guarantee the security, trueness, accuracy and lawfulness of the services and contents provided by third parties.

 

5.1.10 The user and AcikMavi Sti are independent parties. The approval and enforcement of this agreement shall not have the consequence that there is a partnership, representation or employee-employer relationship between the parties.

 

5.1.11 The user has to fulfil urgently any changes and/or corrections requested by AcikMavi Sti. Any losses, civil and criminal liabilities, which arise or may arise due to the user’s failure to timely fulfil such changes and/or corrections requested by AcikMavi Sti, shall entirely remain with the user.

 

5.1.12 The first and most important condition for being a User and a Recipient is “to be older than 18 years of age”. After the user has filled up the membership form and approved the article “I have read and negotiated the User Agreement and I accept the terms and conditions of the agreement”, the user is deemed to have declared and made the commitment that it is older than 18 years of age under this agreement. In case it is found that the user is under 18 years of age on the date when the user signs up for the application and/or on the date when the user’s membership is approved by AcikMavi Sti, AcikMavi Sti may unilaterally terminate the relevant user’s agreement. In such case, the user acknowledges, declares and makes the commitment that it does not have the right to raise objections and that it shall not be entitled to claim any rights, including pecuniary or non-pecuniary damages.

 

5.2 Rights and Obligations of AcikMavi Sti:

5.2.1 AcikMavi Sti reserves the right to unilaterally change the products, services and contents offered in the application at any time, to block the access -by third parties, including the user itself- to the information and contents uploaded by the user to the system, and the right to delete them. AcikMavi Sti may exercise this right without giving any notice and without granting time. In case the change and/or the correction requested by AcikMavi Sti from the user is not fulfilled within the specified time, AcikMavi Sti shall not be liable for any losses which have arisen and may arise and shall have the right to suspend or terminate the user’s right to use the application.

 

5.2.2 Links may be given to certain web sites or contents that are not under the control of AcikMavi Sti within the application, due to ease of reference or for various reasons. Such links are not meant to support the mentioned website or the content owner and do not bear any kind of declaration or guarantee characteristic in respect of the information available in the website or the content. AcikMavi Sti does not make any suggestions or recommendations that the contents of third parties’ websites are, including but not limited to, legal, true, accurate, correct, reliable, proper and appropriate and that the information, data, software, products or services used in their contents are commercially viable and that the operation and administration of the website will be error-free and uninterrupted and that any breakdowns, defects and errors will be fixed and that the website have been cleaned from harmful elements and viruses, and AcikMavi Sti does not give any trust, declaration or guarantee to the user about these matters. AcikMavi Sti does not have any responsibilities and liabilities for the portals, websites, files and contents accessed through the links on the application, the services or products or their contents offered through the portals and websites, which are accessed through such links.

 

5.2.3 AcikMavi Sti may, at any time and in any way that it wishes, remove the comments, messages and contents which are contrary to or in violation of the functioning and/or general rules of the application and/or contrary to the general ethics and/or AcikMavi Sti may, without making any notices, terminate the membership of the user who has entered such comment, message and content.

 

5.2.4 AcikMavi Sti reserves the right to change, re-organize the terms of use pertaining to any services, products available in the application and its extension and the right to change, re-organize the information provided in the application and the right to suspend the application, without any prior notice. Such changes shall become effective at the time of the relevant publication in application. The users shall be deemed to have accepted also such changes by the use of the application or by logging in the application. The changes shall be announced to the users via the medium determined by AcikMavi Sti.

 

5.2.5 AcikMavi Sti does not give any guarantee that the services provided by AcikMavi Sti under the application will continuously be active and accessible. AcikMavi Sti does not accept any responsibilities and liabilities for any problems occurred in consequence of misuses, technical malfunctions and other disruptions, repair works or other directions, and problems and delays arising from Internet connection service providers and similar external factors, and the circumstances caused by third parties, force majeure events, and particularly the decisions rendered and the implementations conducted by judicial bodies and other competent official authorities.

 

5.2.6 AcikMavi Sti may restrict or stop access to the application when necessary, due to insecurity of the network’s operational security, for the continuity of access to the network, in order to prevent the failures that may occur in the network, software, or stored files, in order to prevent or mitigate potential failures, and in other circumstances deemed necessary by AcikMavi Sti.

 

 

ARTICLE 6- SERVICES /PAYMENT

Through the SUBBON application, AcikMavi Sti shall provide to the Users the services whose scope and contents are determined under this agreement. Membership to the application is free of charge. AcikMavi Sti shall provide the relevant transmission services to users in the ways and under the conditions determined by this agreement and through which they may purchase the products/services offered for sales by AcikMavi Sti for full content under the application. AcikMavi Sti reserves the right to change, at any time it wishes, the contents of the services provided by AcikMavi Sti.

 

6.1 Payment Terms: We provide some premium versions of services (“Premium Services”) for a fee. By signing up for and using the Premium Services, you agree to our Terms and other terms and conditions provided herein. In addition, you agree to waive of the 14-day withdrawal right at the moment that you subscribe to the Premium Services so that you can immediately access them, to the maximum extent permitted by the applicable laws.

Premium Services enable you to access advanced products, services, features, and functionality (e.g. premium graphics and analysis, ad-free browsing experience). By signing up for and using the Premium Services, you agree to pay any fees or other fees (such as subscription fees) applicable to Premium Services, including the signing up for Premium Services’ Free Trial Versions.

You may choose to pay for the Premium Services on a monthly or yearly basis. Premium Services will be automatically renewed until you choose to cancel your access to the Premium Services, unless otherwise stated. All Premium Services purchases are final and non-refundable, except within our own decision-making authority and in accordance with the rules governing each Premium Service.

 

6.2 Termination or Cancellation of Premium Services: If you do not pay the fees or costs payable for your use of the Premium Services, we may use reasonable efforts to inform you and resolve the problem; however, we reserve the right to disable or terminate your access to the Premium Services (and we may do so without notice).

You may cancel the Premium Services at any time you wish. After you cancel your Premium Service and receive the relevant confirmation, no further changes can be made to your account. The cancellation of a Premium Service shall become effective at the end of your current billing period, and you will have the same level of access to the Premium Service during the rest of that billing period. For instance, if you are billed on a monthly basis and you cancel during a particular month, you will be charged for the whole month and will continue accessing the Premium Service by the end of that month.

There is no refund for the termination or cancellation of your Premium Service. If you no longer wish to subscribe to a Premium Service, it is your own responsibility to cancel your Premium Service on time, regardless of whether you are actively using the Premium Service.

 

6.3 Discount, Coupon or Gift Codes: If you have received a discount, a coupon or a gift code for a Premium Service, the following terms and conditions shall also apply in addition to the terms and conditions of the special code. To redeem a discount or coupon code, please sign in to the relevant Service and enter the code applicable to benefit from the relevant promotion. All discount, gift and coupon codes apply only while subscribing to Premium Services and to accounts that have not yet subscribed to Premium Services. Discount, coupon and gift codes shall not be combined with any other cash discount, discount sale, promotion or coupon, and shall not be refunded, altered/replaced or converted into cash. It is your own responsibility to use a discount, coupon or gift code before it expires, and the expired codes shall not be returned or their validity periods shall not be extended. Furthermore, if you do not wish to continue with a Premium Service at a regular price, it is also your own responsibility to terminate the Premium Service prior to the expiry of a free or discounted period. The terms and conditions of a particular discount, coupon or gift code may include additional restrictions on the use, without being limited to the plan type, free or discounted Premium Service period, coupon expiry dates and/or purchase quantities. Subbon reserves the right to cancel discount and coupon promotions at any time it wishes.

 

6.4 Free Trials: We sometimes offer free trials of our Services or other promotional offers (each a “Free Trial”). A Free Trial enables you to access Premium Services for a while, with the details specified when you sign up for the offer.

To sign up for a Free Trial, you may need to provide us your preferred Payment Method. Once you send your payment details, your Free Trial will start. You will not be charged until the Free Trial period expires.

As long as you do not cancel before the Free Trial ends, or unless otherwise stated, your access to the Premium Service will automatically continue and you will be billed for fees that apply to this Premium Service, using the Payment Method you provided. All the fees accrued are final and non-refundable, except within our own decision-making authority and in accordance with the rules governing each Premium Service. We may send you a reminder when your Free Trial period is about to expire; however, we do not guarantee such notifications. If you decide that you do not wish to be a paid Premium Service user after the Free Trial period, it is ultimately your responsibility to know when the Free Trial will end.

If you decide that you do not wish to be a paid Premium Service user, you should cancel your subscription before the Free Trial period expires. Depending on the current Premium Service, you may lose your access once you cancel or at the end of the Free Trial period. After you cancel your Free Trial and receive the relevant confirmation, you cannot continue the Free Trial period even if it has not been used for the entire duration of the offer.

We may change the Premium Service features and contents at any time we wish, and we cannot guarantee that any particular feature or content will be available for the entire Free Trial period. The prices applicable when you sign up for the Free Trial shall, unless we notify you otherwise, be the same prices applicable when Free Trial expires. We reserve our right to change or terminate, at our sole discretion, a Free Trial Offer, your access to Premium Services during the Free Trial period or any of these terms and conditions without any obligations on our part and without prior notice. You may not possibly sign up for more than one Free Trial of a particular Premium Service at the same time but if you sign up for more than one Free Trial, we reserve the right to restrict your use of more than one Free Trial.

 

ARTICLE 7- CONFIDENTIALITY

7.1 The persons, who wish to benefit from the application, may subscribe to the application by connecting through their Facebook accounts and/or by filling up of the form available on “my application information” screen. The users may log in the application with their e-mails/usernames and passwords.

The users should provide to AcikMavi Sti certain personal information (name/surname, phone number, address or e-mail addresses etc.) related to them, by casting votes and filling up of various forms on the application. The personal information will also be used in order to contact the user when necessary. The information requested by AcikMavi Sti or the information provided by the user or the information related to the transactions performed on or through the application may, also outside the purposes and the scope determined by the agreement, be used by AcikMavi Sti and the persons with whom AcikMavi Sti is in cooperation, without disclosing the user’s identity and for various statistical assessments, database creation, and for market surveys. By signing this agreement, the user grants approval to such uses.

 

7.2 Unless otherwise stated in this agreement, AcikMavi Sti shall not disclose any of the personal information to third parties and the companies with which AcikMavi Sti is not in cooperation. In the following limited cases, AcikMavi Sti may disclose the users’ information to third parties apart from the provisions of this agreement. These cases, on a numerus clausus basis, are:

 

7.2.1 Where it is mandatory to comply with the necessities introduced by the legal rules such as the laws, decree laws, regulations etc. which are issued by competent statutory authorities and are in force,

7.2.2 Where it is necessary to fulfil this agreement and to implement the provisions of this agreement,

7.2.3 Where it is necessary to provide information about the members for the conduct of an inquiry or an investigation carried out duly by a competent judicial or administrative authority,

7.2.4 Where it is necessary to provide information in order to protect the users’ rights, safety and/or security.

7.2.5 Without prejudice to the above provisions, AcikMavi Sti declares and makes the commitment that it shall keep the personal information strictly private and confidential and that it shall consider this matter as a confidentiality obligation and that it shall take all measures and exercise due care necessary to ensure and maintain the confidentiality and to prevent all or any part of the confidential information from entering the public domain or from unauthorized uses or from disclosure to a third party. AcikMavi Sti shall have no responsibilities and liabilities in the event that the confidential information is damaged or acquired by third parties as a result of the attacks on the Application and the system although AcikMavi Sti has taken the necessary information security measures.

 

 

ARTICLE 8- DISTANT SALE SERVICE

8.1. Sales of the products, prepared under the application, constitute one of the services provided by AcikMavi Sti through the application. The purchase-sale relationship between the parties is governed by the Consumer Protection Law No. 6502 and the Regulation on Distant Sales. AcikMavi Sti makes the commitment that it shall pre-inform about the product prior to the sale, within the scope of this agreement and the related legislation.

 

8.2 The products offered for sales within the scope of this agreement are customized ones; therefore, the right of withdrawal, regulated by the Consumer Protection Law No. 6502 and the Regulation on Distant Sales, shall not apply to these products.

8.3 AcikMavi Sti shall keep -for a period of three years- the information and documents related to each transaction concerning its obligations of information, delivery and on other matters as well as concerning the right of withdrawal, in relation to the products ordered.

 

 

ARTICLE 9- APPLICABLE LAW AND AUTHORIZED COURT

The laws of the Republic of Turkey shall apply to the implementation and interpretation of this agreement. The Istanbul Central Courts and Bailiffs’ Offices shall have jurisdiction over settlement of all kinds of disputes which arise or might arise due to this Agreement.

 

ARTICLE 10- INTELLECTUAL PROPERTY RIGHTS

10.1 All elements of the application (including but not limited to general appearance, design, text, image, logo, icon, demonstrative, written, electronic, graphic or machine-readable technical data, the SUBBON brand and logo, the applied business method and business model, software code and other codes) are the property of AcikMavi Sti and/or are used under a copyright acquired from a third party by AcikMavi Sti. All these elements, which are the property of AcikMavi Sti and under protection within the scope of the Law on Intellectual and Artistic Works, shall not be changed, copied, reproduced, translated into another language, republished, resold, shared, distributed, exhibited, used outside the scope of the User Agreement, or works derived therefrom shall not be made or prepared, without obtaining prior consent and without providing reference. In the case of an act to the contrary, the responsible person/persons shall be liable to cover the amount of the losses suffered by AcikMavi Sti and/or the amount of indemnity claimed against AcikMavi Sti due to any losses suffered by third parties, including the licensors, which amount also includes the relevant legal expenses and attorneys’ fees.

 

10.2 In case any written or visual contents uploaded to the application by the users are subject to the law of intellectual property, the relevant intellectual property rights belong to those users; and the user grants to AcikMavi Sti the right to use such content free of charge and for an indefinite period of time and without any geographical restrictions, including but not limited to the right to reproduce, copy, process, and broadcast such content in printed media, wired or wireless broadcasting entities such as radio-television, satellite or cable, or any signal and/or image transmission means, including the Internet and miscellaneous means of digital communications, and other miscellaneous broadcasting means.

 

10.3 The contents, submitted by the users in order to be published on the application, are deemed to be owned by those users or it is deemed that they hold the relevant rights of use within the framework of the Law on Intellectual and Artistic Works. The contents which are not owned by the users may be published by those users only in compliance with the procedure specified in the law and provided that they make the relevant reference. Otherwise, the member who has uploaded the content shall be liable for any losses to be suffered by AcikMavi Sti, including any indemnities claimed by third parties.

 

 

ARTICLE 11- AMENDMENTS TO THE AGREEMENT

Depending on the current conditions and amendments to the related legislation, AcikMavi Sti may amend this User Agreement or any provision thereof at any time it will deem appropriate by making the relevant announcement on the application. Such amended provision of this User Agreement shall gain validity on the date when they are announced, or on such specified date in case there is a validity date specified in advance, and the other provisions shall exactly remain in force and continue having effects and bearing consequences. This User Agreement shall not be amended on the basis of the users’ unilateral declarations.

 

 

ARTICLE 12- FORCE MAJEURE

12.1 The term “force majeure” shall be interpreted as any events that cannot be avoided, which develop beyond the reasonable control of AcikMavi Sti and which AcikMavi Sti is unable to prevent despite it has exercised the due care, including but not limited to the natural disasters, rebellions, wars, strikes, attacks on the application, portal and system although AcikMavi Sti has taken the necessary information security measures.

 

12.2 In all such cases deemed to be force majeure, the parties are not liable for late or incomplete or nonfulfillment of any of their obligations determined by this Agreement. Those and such cases shall not be considered as a delay, incomplete fulfilment or nonfulfillment or default on the part of AcikMavi Sti, and any indemnities shall not be claimed against AcikMavi Sti for those and such cases, irrespective of the names under which they may be claimed.

 

ARTICLE 13- VALIDITY OF THE RECORDS

The user acknowledges, declares and makes the commitment that, in any disputes which might arise from this Agreement, the electronic and system records being kept and maintained by AcikMavi Sti in its own database and servers as well as its commercial records, its book records, its microfilm, microfiche and computer records shall constitute valid, binding, conclusive and exclusive evidence and that this article bears the characteristics of an evidential contract in the sense of article 193 contained in the Code of Civil Procedure.

 

 

ARTICLE 14- TERMINATION OF THE AGREEMENT

This User Agreement shall remain in force and continue having effects and bearing consequences between the parties as long as the user remains as the member of the application and shall be deemed to have terminated in case the user’s membership duration expires or in case the user’s membership is temporarily or permanently suspended. In case the application users are in breach of this User Agreement and/or any similar rules regarding the Services, the membership or the use in the application and particularly in the following cases, AcikMavi Sti may unilaterally terminate the User Agreement and those users shall be obliged to compensate and indemnify all losses suffered by AcikMavi Sti, due to the termination:

  1. In case the user performs fake, unreal or untrue transactions by using a method, under any behaviours to manipulate the functioning of the system;
  2. In case the user profile created for the user is transferred to another person by the user or brought into use of another person by the user;
  • In case the user commits actions, which infringe on and/or are likely to infringe on rights of third parties.

 

 

ARTICLE 15- NOTIFICATION ADDRESSES

15.1 The SUBBON application does not require the members to declare their mail addresses in advance. However, the e-mail addresses declared to AcikMavi Sti by the users are deemed to be the electronic mail under which the legal address will be sought for all kinds notifications to be made in relation to this agreement.

 

15.2 The parties agree that any requests and claims to be made through their former e-mail addresses shall be valid and shall be deemed to have been made to them, unless they notify, in writing, each other of such changes in their current e-mail addresses within three (3) days at the latest.

 

15.3 Furthermore, any notifications to be made by AcikMavi Sti, using the users’ registered e-mail addresses shall be deemed to have been received by those members one (1) day after the relevant e-mail is sent by AcikMavi Sti.

 

 

ARTICLE 16- EFFECTIVENESS

The user declares, accepts and makes the commitment that it has read, understood and acknowledged all the articles contained in this agreement and that it confirms the trueness and accuracy of the information provided by the user in relation to the user. This agreement consists of sixteen (16) articles and has become effective upon the parties have mutually accepted this agreement following the user’s relevant confirmation in electronic environment.