Terms Of Use
Please read these Terms of Use carefully before using our website at https://kaaf.com.tr/. By using this promotional, informational, and service website, and by making purchases through it, our customers are deemed to have accepted the following terms:
The web pages available on our website and all pages linked to them (the “Site”) are the property of KAAF Rolling Stock Inc. (the “Company”) located at https://kaaf.com.tr/, and are operated by the Company. By using all services offered on the Site, you (“User”) are deemed to accept that you are subject to the following terms; that by benefiting from and continuing to use the services on the Site, you have the legal right, authority, and capacity to enter into a binding agreement under the laws applicable to you, that you are over 18 years of age, and that you have read, understood, and agreed to be bound by the terms of this agreement.
This agreement imposes rights and obligations on the parties with respect to the Site subject to this agreement, and upon accepting this agreement, the parties declare that they will fulfill such rights and obligations completely, accurately, timely, and in accordance with the conditions required herein.
1. Responsibilities
1.1. The Company reserves the right at all times to make changes to prices and to the products and services offered.
1.2. The Company accepts and undertakes that the member will be able to benefit from the services subject to this agreement, except in the event of technical failures.
1.3. The User agrees in advance that they will not engage in reverse engineering of the Site or carry out any other action intended to discover or obtain its source code; otherwise, they shall be responsible for any damages arising before third parties, and legal and criminal proceedings may be initiated against them.
1.4. The User agrees not to produce or share, in any activities on the Site, in any section of the Site, or in any communications, any content that is contrary to public morality and decency, unlawful, harmful to the rights of third parties, misleading, offensive, obscene, pornographic, infringing personal rights, violating copyrights, or encouraging illegal activities. Otherwise, the User shall be solely responsible for any resulting damages, and in such cases, the Site authorities reserve the right to suspend or terminate such accounts and to initiate legal proceedings. For this reason, the Site also reserves the right to share information relating to activities or user accounts if such information is requested by judicial authorities.
1.5. The relationships between members of the Site and with third parties are under their own responsibility.
2. Intellectual Property Rights
2.1. All registered or unregistered intellectual property rights on this Site, including but not limited to titles, trade names, trademarks, patents, logos, designs, information, and methods, belong to the operating and owning Company of the Site or to the relevant rights holder specified, and are protected under national and international law. Visiting this Site or benefiting from the services on this Site does not grant any right whatsoever regarding such intellectual property rights.
2.2. The information on the Site may not be reproduced, published, copied, presented, and/or transmitted in any manner. The whole or any part of the Site may not be used on another website without permission.
3. Confidential Information
3.1. The Company shall not disclose to third parties any personal information transmitted by users through the Site. Such personal information includes, but is not limited to, the User’s full name, address, telephone number, mobile phone number, e-mail address, and any other information intended to identify the User, and shall hereinafter be referred to collectively as “Confidential Information.”
3.2. The User accepts and declares that, limited only to use within the scope of marketing activities such as promotion, advertising, campaigns, promotions, and announcements, they consent to the sharing by the Company, as owner of the Site, of their contact information, portfolio status, and demographic information with its affiliates or group companies. Such personal information may be used within the Company for the purpose of determining customer profiles, offering promotions and campaigns suitable to customer profiles, and conducting statistical studies.
3.3. Confidential Information may only be disclosed to official authorities where such information is duly requested by official authorities and where disclosure is mandatory pursuant to the applicable mandatory provisions of law.
4. Disclaimer of Warranty
THIS CLAUSE OF THE AGREEMENT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICES PROVIDED BY THE COMPANY ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE COMPANY MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES OR THE APPLICATION (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
5. Registration and Security
The User must provide accurate, complete, and up-to-date registration information. Otherwise, this Agreement shall be deemed breached and the User’s account may be closed without prior notice.
The User is responsible for the security of passwords and accounts on the Site and on third-party websites. The Company shall not be held liable for any data loss, security breaches, or damage to hardware and devices resulting otherwise.
6. Force Majeure
If the obligations arising from the agreement become impossible to perform due to reasons beyond the control of the parties, such as natural disasters, fire, explosions, civil wars, wars, uprisings, public movements, mobilization, strikes, lockouts, epidemics, infrastructure failures, internet outages, and power failures (hereinafter collectively referred to as “Force Majeure”), the parties shall not be held liable. During this period, the rights and obligations of the Parties arising from this Agreement shall be suspended.
7. Integrity and Enforceability of the Agreement
If any provision of this agreement becomes partially or wholly invalid, the remainder of the agreement shall continue to remain valid.
8. Amendments to the Agreement
The Company may, at any time, partially or completely amend the services offered on the Site and the terms of this agreement. Amendments shall become effective as of the date they are published on the Site. It is the User’s responsibility to follow such amendments. By continuing to benefit from the services offered, the User shall be deemed to have accepted these amendments as well.
9. Notices
All notices to be sent to the parties in relation to this Agreement shall be made via the Company’s known e-mail address and the e-mail address provided by the User in the membership form. The User accepts that the address declared while registering is a valid address for notification, that if this address changes, they will notify the other party in writing within 5 days, and that otherwise, notifications made to this address shall be deemed valid.
10. Evidence Agreement
In any disputes that may arise between the parties in relation to transactions under this agreement, the books, records, and documents of the Parties, as well as computer records and fax records, shall be accepted as evidence pursuant to the Turkish Code of Civil Procedure No. 6100, and the User agrees not to object to such records.
11. Resolution of Disputes
The Courts and Enforcement Offices of Istanbul (Central) Courthouse shall have jurisdiction over any disputes arising from the implementation or interpretation of this Agreement.
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