Terms of Use

Dear User,

Please read the following carefully before using the services in www.trcontact.com  website! Terms of Use explaining what you are and are not permitted to do in www.trcontact.com  website and with its content. By accessing, browsing, or using our platform, you accept and agree to be bound by these “Terms of Use” and any additional terms and conditions which may accompany the services or materials made available through this platform.

If you are an individual acting on behalf of an entity, you represent and warrant that you have the authority to agree to the terms on behalf of that entity and to bind that entity to the terms. If you do not agree to the terms, do not access or use www.trcontact.com or any materials from it.

Parties;

This website www.trcontact.com (will be called “Platform” from now on) belongs to EKSADA Dış Ticaret Danışmanlık ve Yazılım A.Ş. (will be called “EKSADA” from now on) and “The terms of Use” presented in this policy are provided by EKSADA.

Definitions;

Platform: website called www.trcontact.com

User: any individual visiting the platform free of charge or any natural/legal person who is a member of platform.

Member: Users who are a member of this platform and having a defined access. 

Content: All kinds of audio or visual data, scriptum and images in the platform.

General Provisions:

By using the platform, you indicate that you have read and accept “Terms of Use” and agree to abide by and be bound by these “Terms of Use” which can be modified from time to time). 

By using the platform unless another method is foreseen in the legal legislations, you are deemed to have given your consent to be contacted through platform. 

By using the platform EKSADA may monitor how you interact with our content and use cookies to improve your experience when visiting our website. We advise you to read our “Cookie Policy” and “Confidentiality Policy” to learn more about it.

EKSADA reserves the right to re-build, revise, and expand the services in the platform or remove contents which are incompatible with “Terms of Use” at any time. Regarding the incompatibility and removal of contents please read our “Copyright & Intellectual Property Infringement Procedure”

According to all agreements and procedures published in www.trcontact.com  EKSADA may suspend, bar or cancel any member’s or user’s access to the platform.

Special Provisions:

1. Unlawful or Immoral Use:

Members and visitors can use the platform only for commercial purposes, you agree that you will not use the platform for any unlawful purpose or purposes prohibited by this terms of use. 

All legal and penal responsibility arising from uploaded contents, commercial issues or transactions carried among the members and users belong to them. EKSADA refuses all kinds of responsibility arising from the activity that occurs under account. 

In this respect all members and users acknowledge and agree;

• Not to engage in any unlawful attitude or expression.
• Not to make any propaganda in favor of third parties or groups engaged in illegal activities.
• Not to commit a tortious act or make discourses that may harm the rights of other members and users.
• Not to engage in any activity which leads to an offense of unfair competition according to “Turkish Commercial Code”
• Not to upload any obscene or pornographic content.
• Not to carry out any act which will violate personal or commercial reputation and personal rights of EKSADA and third parties.  
• Accepts, declares and undertakes to act in full accordance with the legislations, public order, code of ethics and general moral principles, and not to engage in any offensive act, damage personal rights, infringe intellectual rights, copyrights, trademark rights and property rights.

All the “Members” and “Users” here acknowledge and agree not to 

• Try to reach the control panel of platform or to intercept the structure or presentation of www.trcontact.com or any content in the platform.
• Try to use any device or software to interfere the proper working of the platform or any transaction conducted in the platform or with any other member’s or person’s use of the platform. 
• Try or try to attempt to gain unauthorized access to any portion of platform, any other systems, networks connected to the platform or to any of the services offered on or through the platform by hacking or any other illegitimate means. EKSADA reserves the right to bar any such activity and will initiate legal transaction against those members, users or any others. 
• If EKSADA or third parties suffer from these kinds of usages or attempts, member, user or any person who are in these illegal attempts or usage will be completely responsible from this suffering and losses.
• If the members or users violate policy or requirements of this “Terms of Use” EKSADA may ask you to correct and adjust discrepancies and mismatches according to “Termination of Membership Agreement Procedure” and reserves the right to terminate your membership agreement, sustain or bar you from using the platform and services without prior notice. 

Sharing Trade Secrets:

All the members and users acknowledge and agree that the information and data obtained during use of our platform are commercially valuable, confidential and considered as “Trade Secret” It is a legal obligation to protect the obtained trade secrets, otherwise will be deemed as offense of unfair competition, so all legal and criminal responsibility will belong to them. 

All the members and users acknowledge and agree that during use of platform all commercial transmission and data are under protection of EKSADA within the framework of its own “Privacy Policy” and will not be shared with any third party or institution until such data are anonymous. Hereby all members and users acknowledge that they have read, understood, accepted and undertake “Privacy Policy” and “Personal Data Protection Legislation Act”

Member Contents:

EKSADA is not obliged to check any content provided by members and users which are using the electronic environment called “Platform” where providing service in accordance with “Law No 6563 Regulating Electronic Commerce” or to investigate whether there is an illegal activity or situation related to this content, goods or services. In this respect EKSADA does not guarantee the accuracy, authenticity and legality of the uploaded content to the platform by members and users. 

Hereby all members and users acknowledge, accept, agree and confirm that EKSADA does not have any responsibility from the contents and advertisements and will not have any legal responsibility for any loss which may arise.

Special Provisions of Membership:

Application Procedure: 

Only legal entities and their authorized persons can be a member to the platform. All the members acknowledge, agree and guarantee that all the information they provide accurate and true. EKSADA reserves the right to authenticate this information. If it is detected that information provided during the application process is misleading, incorrect or inaccurate, EKSADA reserves the right to refuse membership application or to terminate the realized membership agreement unilaterally according to its “Termination Policy”

Subscription Payments:

Subscription payments can be directly wired to EKSADA bank account or by credit card online using PayTR Virtual POS and Payment Solutions (Mersis No:0774029092000001) 

The credit card information used for payment will not be recorded by EKSADA and will be protected with Certified Security Systems like SSL-PCI-DSS.

The commercial invoice will be electronically mailed to member’s registered address.

In order to activate your membership in the platform, “Distance Sales Contract” must be confirmed electronically and “Subscription Payment” should be paid. If the subscription payment is not paid for any reason or if payment is canceled in the records, EKSADA is deemed to be free from the obligations defined in the membership agreement.

Advertisement and Campaign Process:

Members can buy advertisement or campaign packages offered by the platform during application process or later. General provisions of advertisement and campaign are also subject to platform’s “Terms of Use Policy” Other special conditions will be indicated in “Distance Sales Contract” which will be approved by the member. 

Legal Liability:

However EKSADA is in a seller position in terms of membership, advertisement and campaign rights to its members which are benefiting from the services in www.trcontact.com  EKSADA is not a party in any bid, advert or commercial transaction happening among the members. All members understand, accept and agree that EKSADA will not be liable to them for any loss, damage or whatsoever.

All members and users hereby acknowledge, agree and accept that EKSADA is not obliged to make any audit or control in the offers, bids, quality, quantity, price, payment or delivery terms given in the platform among the members and all commercial transactions and agreements will bind legally and only aforementioned parties mentioned in “Regulation of Electronic Commerce Law No 6563”

Also EKSADA will not be liable for any compensation in case of late or incomplete performance or non-performance in all situations that are legally described as “Force Majeure” 

Force majeure is described in this “Terms of Use” as a provision that removes liability for unforeseeable and unavoidable catastrophes which directly prevents EKSADA, Members or other  parties from performing or fulfilling obligations, Such as: natural disasters, war, fire, strikes, flood, rebellions, epidemic, damage of infrastructure like electricity or internet discontinuity, system improvement works.

Other Provisions

Privacy and Personal Data:

All members and users hereby acknowledge, declare that they have read EKSADA “Privacy Policy” and “Personal Data Protection Policy” and accepted, guaranteed them.

According to “The Turkish Internet Law No 5651” EKSADA is a “Hosting Provider” who operates systems that host services and contents. EKSADA is obliged to keep traffic information for the services provided for a period of time determined in the regulations and to ensures the accuracy, integrity and privacy of this information according to “Personal Data Protection Law” and may share this data with the authorities. 

EKSADA may use product and data search information of its users and members in its database in order to provide or develop better services and offers.

EKSADA may classify and preserve the data provided by members/users and anonymise them with the methods defined by “Personal Data Protection Board” in order to perform statistical analysis, and may share this anonymous data with third parties and institutions.

All members and users may only gain access to the platform for legitimate purposes and to use the services offered through the platform. Any attempt like by hacking, password mining or any other illegitimate means to reach some or all contents in the platform, advertisements, member data, copying all or some of designs, codes and software. Directly or indirectly publishing, compiling, processing, changing, transferring to other databases and opening the aforementioned for use of third parties, linking www.trcontact.com  to other websites and linking to advertisements in our platform are not endorsed and agreed by EKSADA. Such acts are illegal and EKSADA reserves the right to request, to sue and to prosecute.

Amendments in Terms of Use:

EKSADA may substitute, add, change or remove any part of this “Terms of Use” at any time by noticing in the platform. The changes will be effective on the day they are published. None of the terms of this policy can be changed by an unilateral declaration of a member or user.

Jurisdiction and Applicable Law:

Any dispute or claim arising out of or in connection with these terms, including non-contractual disputes or claims shall be governed by and construed in accordance with the Laws of Turkey.        The courts and court bailiffs in city of Sakarya will have exclusive jurisdiction to settle any dispute or claim.

Enforcement and Acceptance:

This "Terms of Use Policy” is effective on the date published on the platform by "EKSADA". By using the “Platform” All members and users will be considered promising and accepting these "Terms of Use Policy” and the changes made over time by using the www.trcontact.com platform.