User Agreement
Article 1. Parties
This User Agreement (the "Agreement") is concluded between Vaultech Technology ("Company") and the person who registers as a user ("User(s)") on the site located at https://oxsconnect.com ("Site"). The Agreement shall enter into force upon its acceptance by the User in electronic environment; shall remain in force unless terminated by the parties in accordance with the procedures laid down in the Agreement.
Article 2. Subject and Scope of the Agreement
This Agreement is concluded by the User for the purpose of determining the terms and conditions regarding the use of the OxsConnect application accessed through the Site (the "Application") and the data uploaded by the User to the Site ("Content") and the rights and obligations of the parties concerned. The terms of use, rules and conditions presented to the Users by the Company regarding the use of the Site and Application within the scope of the Site are also an annex and an integral part of this Agreement and constitute the rights and obligations of the parties together with the rights and obligations contained herein.
Article 3. Rights and Obligations of the Parties
3.1 The User declares that he knows that in order to benefit from the Application, he must approve this Agreement by providing the information requested by the Company in a complete, accurate and up-to-date manner. In the case of any change in the information provided during the establishment of user status, such information will be updated immediately. The Company is not responsible for the inability to access and benefit from the Site or Application due to the incomplete, untrue or out-of-date provision of this information.
3.2 The User declares that he/she is over 18 years of age and has the legal capacity to conclude this Agreement. If the User accesses the Site on behalf of a business, the User accepts and declares that he has the necessary authority to do so. In this case, the User status and the rights and obligations shall belong to the entity in question.
3.3 The User has the right to establish a single User account, and it is forbidden to establish a second account by the User using the same or other information following the suspension or termination of the User account by the Company. The Company reserves the right to refuse the opening of the User's account without giving any reason, entirely at its own discretion.
3.4 Access to the Website by the User shall be carried out using his e-mail address and password. The User shall be responsible for the protection of the confidentiality and security of this password and all kinds of activities carried out by the use of the said information on the Website shall be deemed to be carried out by the User, and all legal and criminal responsibility arising from these activities shall belong to the User. When the User becomes aware of any unauthorized use of his/her password or any other breach of security, he/she shall immediately notify the Company of this situation.
3.5 The User accepts and undertakes that he/she will use the Application only for his/her activities in accordance with the law and that he/she will act in accordance with this Agreement, its annexes, the applicable legislation and other terms and conditions stipulated on the website in relation to the Application. The User may use the Application and the Site on behalf of the third party as long as he/she is authorized to provide services to third parties. In this context, the User shall ensure that such persons also act in accordance with this Agreement and all other provisions applicable to him/her.
3.6 From time to time, the User may authorize a third party ("Authorized User") to use the Application. Who the Authorized User will be and the level of authorization within the scope of the Application shall be determined by the User. The User is responsible for Authorized Users' use of the Application and shall control the Authorized Users' access to the Application at all times and may change or revoke the level of access of the Authorized User to the Application at any time and for any reason. In the event of a dispute between the User and the Authorized User regarding access to the Application, the User shall decide on the level of access and access of the Authorized User to the Application or Content.
3.7 The Content shared by the User is the property of the User and all responsibility for the Content belongs to the User. The Company has the right to use the Content within the scope of the license provided to it by the User under this Agreement. The Company shall not be held liable for any loss or damage caused by the Content or the Content and the Company shall have no responsibility for compliance with the law, accuracy of the Content, payment of invoices, collection, financial transactions and tax reporting, including but not limited to. It is the sole responsibility of the User to ensure compliance with the relevant legislation on financial transactions, taxes and other matters. The User agrees that the Company may delete the Content from the Application and its systems on the basis of the requirements arising from the applicable legislation, especially financial regulations, and that the Company is not responsible for any damages that may occur within this scope, including lost data.
3.8 The User agrees not to engage in activities that may jeopardize the security and integrity of the computer and network systems of the Company or the Application if it is hosted by third parties, and not to use the Application in a way that prevents or damages or improperly affects the functioning of the Application, the Site or other systems in which the services are provided or the benefit of other users benefiting from the Application and the Site. will not provide unauthorized access to the computer systems on which it is hosted or the Application outside the scope of access granted to it, will not transfer or upload files or illegal Content (including copyrighted or trade secret Content and other materials that the User does not have the right to use) that will damage the computer systems, devices and software of the Company and third parties to the Site, in the provision of services, or It accepts and undertakes that it will not modify, copy, adapt, reproduce, create source code or reverse engineer the computer programs used in the operation of the Site unless it is absolutely necessary for ordinary use.
3.9 The User acknowledges that his/her use of the Application may be subject to restrictions, including monthly transaction and retention volumes. Such restrictions will be set out within the Application.
3.10 The User shall keep copies of the Content uploaded to the Application. The Company complies with the necessary policies and procedures to prevent data loss and does not guarantee that there will be no loss of Content. The Company is not responsible for the loss of the Content, regardless of how it arose.
3.11 The Company will store and use the information and data shared with it by the User within the scope of the "Privacy Policy", which is an annex to this Agreement. The User agrees that the Company may share the information contained in the User with the relevant competent authorities upon request from the competent authorities in accordance with the applicable legislation. In addition, the information about the User and the transactions carried out by the User through the Site may be used for the security of the User, the performance of the obligations of the Company and some statistical evaluations. The Company also has the right to share Content with other users in order to provide requested services, such as sending invoices, sharing payment information, etc. If the User wishes to use the Content of other users, he/she shall obtain the consent of the relevant users and use such Content within the scope of the consent given by the other user. This information may also be classified and stored on a database and the Company may use the User's usage and transaction information following the anonymization of such data for the period required for performance evaluations, marketing campaigns of the Company and its business partners, annual reports and similar operations. The User agrees that the Content and other information may be stored by the Company or third parties in data centers located in Turkey or abroad.
3.12 In the case of technical problems with the Application, the User shall make reasonable efforts to identify and diagnose the problem before contacting the Company. If the User's need for technical support continues, the necessary support will be provided through the Site, Application or other appropriate channels.
3.13 In the case that the User is provided with communication tools (such as forums, chat tools or message center) through the Site, the User declares and undertakes that he/she will use these communication tools only for lawful purposes. The User shall not use such communication tools to share materials other than the purpose of the Application, including the sale of products and services, e-mails sent without the consent of the other party, files that may damage the software and computer systems of third parties, content that is offensive to other users or any content that is contrary to the law. The User undertakes that he/she has the authority to do so with respect to any communication he/she carries out through the website. The Company has no obligation to check the suitability of communications made through the Website or that they are intended for the purposes for which the Application is used. With regard to other web-based means of communication accessed through the Application or used in relation to the Application, the User shall exercise the care he is obliged to show when using the means of communication provided through the Site. The Company has the right to remove the communication tools provided through the Site at any time at its discretion.
3.14 The Company has the right to revise this Agreement and its annexes without any prior notice, and if this right is exercised, the relevant change will enter into force with the next use of the Site by the User. If the User does not accept the said changes, he reserves the right to terminate this Agreement as follows.
3.15 The User may not transfer or assign the User account and his rights and obligations arising from the use of the Site with this Agreement to a third party in any way.
3.16 In the case that the User acts contrary to this Agreement and other terms and conditions within the scope of the Site and the declarations and commitments within this scope, the Company shall have the right to suspend the User's membership or terminate the User status by terminating the Agreement as specified below. In such a case, the Company reserves the right to claim from the User for the damages arising from the said violation.
Article 4. Payment terms
4.1 The User will only be able to benefit from the Application in exchange for paying the fees declared on the Site in full and in full of the payment terms and means declared on the Site.
4.2 The User will be able to use the Application without payment for the period to be specified on the Site. At the end of the said trial period, the User's membership will become a paid membership to be determined according to the type of service, functionality, campaigns or contract duration. The fees, payment terms, effective dates of the fees related to the Application will be announced in the relevant sections of the Site. The user may upgrade or downgrade the membership package at his/her own discretion. Requests for this will be made at the end of the relevant membership period, unless otherwise stipulated by the Company. Changes to the fee and payment conditions for the membership package during the User's membership period will not be applied until the end of the User's membership period, and the new fees and payment terms will be effective with the start of the new membership period. No refund will be given if the membership is terminated for any reason, including termination of the Agreement during the membership period.
4.3 The User's membership will be automatically renewed at the end of each period, unless otherwise requested by the User until 14 (fourteen) days before the end of the period.
4.4 The Company will forward the invoice for the usage fees at the beginning of the membership period to the contact address provided by the User. All invoices will include fees for the previous membership period in the case of postpaid memberships and fees for the next membership period for prepaid memberships . The User shall pay the corresponding amount in the invoice within 14 (fourteen) days following the invoice date. The User is responsible for the payment of taxes and duties related to the relevant fees.
4.5 The User, the Company or third parties approved by the Company may store the User's credit card and payment information for transactions related to membership and payment, or for carrying out bank integration and related updates.
Article 5. Intellectual Property Rights
5.1 All rights, property and interests on the Site and the Application belong to the Company. Within the scope of this Agreement, the User is granted a personal, worldwide, royalty-free, non-transferable and non-exclusive license to use the Site and Application. No provision in the Agreement and other conditions related to the Site shall be construed as transferring the rights and interests related to the Site and the Application to the User. Within the scope of this Agreement, the User grants the Company the right to use, copy, transmit, store and backup the information and Content for the User's access to the Application, use of the Application and other purposes for the provision of services. The Company has the right to sublicense the Content to third-party developers for the purpose of providing services.
5.2 The User does not have the right to copy, modify, reproduce, reverse engineer, recompile and otherwise access the source code of the software on the Site and to create works from the Site, in any way and for any reason. It is strictly forbidden to change the browser and contents of the Site in any way, to link to or from the Site without the express permission of the Company.
5.3 The User shall not use in any way the trade name, trademark, service mark, logo, domain name, etc. of the Company (or its affiliates).
Article 6. Limitation of Liability
6.1 The Application, software and other content within the scope of the Site are provided "AS IS" and in this context, the Company has no responsibility or commitment regarding the accuracy, completeness and reliability of the Application, software and content. The User understands and agrees that the Company also does not undertake the relationship between the Content and other User data. The Company does not undertake that the use of the Application is uninterrupted and error-free. While the Company intends to make the Application available and available 24/7, the Company does not guarantee the operability and availability of the systems that provide access to the Application. The User agrees that access to the Application may be blocked or interrupted from time to time. The Company is not responsible in any way for such blockages or interruptions.
6.2 The User agrees that links may be made through the Site to other websites and/or portals, files or contents that are not under the control of the Company and that such links do not constitute a representation or guarantee of any kind for the purpose of supporting the website or the operator to which it is directed or for the purpose of any kind for the website or the information contained therein, and that the portals, websites, files and contents accessed through such links are not used, accepts and declares that the Company has no responsibility for the services or products or their content.
6.3 The User acknowledges that the access to and quality of the Applications and Applications offered through the Site is largely based on the quality of the service obtained from the relevant Internet Service Provider and that the Company has no responsibility for the problems arising from the quality of such service.
6.4 THE USER IS SOLELY RESPONSIBLE FOR THE CONTENT HE UPLOADS AND THE USE OF THE SITE AND THE APPLICATION. THE USER AGREES TO INDEMNIFY AND HOLD THE COMPANY HARMLESS FROM ANY CLAIMS OR DEMANDS (INCLUDING COSTS OF LITIGATION AND ATTORNEYS' FEES) THAT MAY BE BROUGHT BY THIRD PARTIES IN CONNECTION WITH INTELLECTUAL PROPERTY INFRINGEMENTS, CONTENT, APPLICATION AND USE OF THE SITE.
6.5 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE DAMAGES ARISING OUT OF THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF GOODWILL AND GOODWILL, EXPENSES INCURRED FOR THE PROVISION OF SUBSTITUTE PRODUCTS AND SERVICES. IN ADDITION, THE COMPANY ALSO DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. IN ANY EVENT, THE COMPANY'S LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY THE USER UNDER THE SERVICES SUBJECT TO THIS AGREEMENT UNTIL THE DATE ON WHICH THE RELATED DAMAGE ARISES.
Article 7. Enforcement and Termination of the Agreement
7.1 This Agreement shall enter into force upon its electronic acceptance by the User and shall remain in force unless terminated by either party in the manner specified below.
7.2 Either party may terminate this Agreement at any time without any justification and without compensation by written notice to be given 1 (one) week in advance to the e-mail address notified by the other party.
7.3 This Agreement may be terminated by the notifying party if one of the parties fails to fully and properly fulfill its obligations arising from this Agreement and if such non-compliance is not remedied within the given period despite written notice by the other party. In the event that the aforementioned violation is committed by the User, the Company shall have the right to suspend the status of the User until the violation is corrected. In the event that the User violates the applicable legislation, the Company may terminate the Agreement for just cause with immediate effect.
7.4 Termination of the Agreement shall not relieve the Parties of their rights and obligations arising up to the date of termination. With the termination of the Agreement, the User is responsible for all fees and expenses incurred until that day and will not be able to use the Site and Application as of the date of termination. In case of termination of prepaid memberships, no refund will be made to the User.
7.5 If the User's account is inactive for 3 (three) months, the Company may terminate this Agreement.
7.6 In cases where the User's account has not been blocked for legal reasons and the Agreement is terminated, the Company shall provide read-only access to the Content for 6 (six) months.
7.7 The Company has the right to store the Content in its databases as long as this Agreement is in force. Within 6 (six) months following the end of the User's membership period or this Agreement, the User may receive the Content without payment. The Company will be able to charge a fee for such requests submitted after the expiry of this period. The relevant fees will be specified within the scope of the Application.
Article 8. Miscellaneous Provisions
8.1 The invalidity, illegality and unenforceability of any provision of this Agreement or any statement contained in the Agreement shall not affect the validity and enforceability of the remaining provisions of the Agreement.
8.2 This Agreement is integrated with its annexes. In the event of any conflict between the Agreement and its annexes, the provisions contained in the relevant annexes shall prevail.
8.3 The User will be contacted by means of the e-mail they provided when registering or via the general information provided on the Site. Communication by e-mail replaces written communication. It is the responsibility of the User to keep the e-mail address up to date and to check the Site regularly for information.
8.4 Istanbul Central (Çağlayan) Courts and Enforcement Offices shall be valid for disputes arising from this Agreement and its annexes.
Article 9. Termination of Contract, Cancellation and Refund
9.1 If the User violates the terms set out in this Agreement ("Company"), he/she may terminate the services provided to the User without prior notice and unilaterally terminate the contract. In this case, the pre-paid fees of the user will not be refunded.
9.2 In the event that the User fails to pay the fees related to newly launched or expired Services (the "Company"), the Company may terminate the Services and the contract. In this case, the pre-paid fees of the user will not be refunded.
9.3 The User may terminate the contract at any time by giving 5 working days' notice by fax, post and/or e-mail. In this case, the pre-paid fees of the user will not be refunded. However, the user has to pay the fees that he has undertaken to pay until the end of the contract and has not yet paid.
9.4 The Return Guarantee ("Company") relies on the quality of service and believes that it can satisfy its customers. As an indication of this, it provides an unconditional full fee refund guarantee of 7 days from the date of purchase to its new service users without giving reasons. ("Company") pays the refund amount to the user within 15 working days following the finalization of the return transaction. The "Company") reserves the right not to sell new services to its users who benefit from this guarantee.
9.5 Users whose services are terminated due to violations of the Service Use Agreement (the "Company") are not eligible for the refund guarantee.
Oxs Bilişim Limited Şirketi
Harbiye Mah. Teşvikiye Cad. No:37
İç Kapı No: 2 34365 Şişli / Istanbul
+90 212 232 3220
info@oxsconnect.com
© 2023 OxsConnect.com All Rights Reserved.