This User Agreement has entered into force upon being mutually agreed by Argeloji Mühendislik Bilişim ve Danışmanlık Ticaret Limited Şirketi (“Argeloji”) and the User making use of the BlueOperation mobile application ("Application") operated by the Argeloji under the following terms and conditions.
Content Refers to all kinds of information, files, pictures, programs, numbers, prices, visual, literary and audio images, etc. published in the Application or which are accessible.
3.1. The subject matter of the Agreement comprises the determination of the terms of use of the Application and the rights and obligations of the parties.
3.2. Argeloji reserves the right to change the general terms and conditions stated under this text at any time and in any way. By accepting the provisions of this Agreement, the User is deemed to have accepted any statements made by Argeoloji related to the use of the Application.
ARTICLE 4: APPLICATION TERMS OF USE
4.1. Applications filed through the persons who are not authorized to represent and bind the legal person for the minor or legal person members will not benefit from the rights of the "User" even if they have completed the registration process. Requests and processes otherwise are not under the responsibility of Argeloji.
ARTICLE 5: RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. Rights and Obligations of the User:
a) The User represents that he/she has the legal competence required to approve this Agreement and to use the Application.
b) When using the Application, the User agrees that he/she will act in accordance with the terms and conditions under this Agreement and the provisions of the legislation in force and that he/she has read, understood and approved all the terms and rules specified in this Agreement.
c) In cases where Argeloji shall be bound to make a disclosure as per the mandatory legislation provisions in force and if such information is duly requested by governmental authorities, the User agrees, that he/she shall be entitled to disclose such confidential/proprietary information pertaining to his/her side obtained within the scope of the Application and that no compensation shall be claimed from his/her side under any name for this reason.
d) The User represents that Argeloji will be authorized to disclose the data of the User to the organization where the User is employed for which he/she has signed a contract accordingly for the performance of the products and services subject to this Agreement, and agrees that no compensation can be claimed under any name for this matter.
e) The user agrees and undertakes that the information and contents provided by his/her side within the Application are correct and lawful, and that this information will continuously be kept up to date in case of any changes. Argeloji shall not be liable and responsible for investigating the accuracy of the information and contents shared by the Member on the Argeloji Application, for undertaking and guaranteeing that such information and contents are safe, accurate and lawful and neither can it be held responsible for any damages or losses that may arise due to the inaccuracy of the mentioned information and content.
f) The user undertakes that the communication channels given to Argeloji are his/her property and only under his/her control and that these communication channels are actively used by his/her side. Otherwise, it will liable to compensate for any material and moral damages suffered by Argeloji due to the fact that the communication channels do not belong to the User or the User does not make use of the Communication Channels actively.
g) The user will personally be responsible for the security of the username and password. The User represents and agrees that Argeloji will not be responsible for any loss of information and other damages that may arise if the user does comply with this security obligation.
h) The User represents that the files and content added while using the Application are not limited to those listed here, but do not include viruses, Trojans, key loggers and other malicious software.
ı) Those who benefit from the products and services offered by Argeloji can only perform procedures within the Application for legal purposes. The legal and penal responsibility of the User in every transaction and action performed within the Application shall be assumed by his/her side. While using the application, the Users agree to abide by the Turkish Penal Code, Turkish Commercial Code, Code of Obligations, Law on the Regulation of Publications on the Internet and Suppression of Crimes Committed by means of Such Publications No. 5651, Law on Intellectual and Artistic Works, Statutory decrees and legal regulations related to the Protection of Trademarks, Patents, Utility Models, Industrial Design Rights, any provisions of the relevant national and international legislation currently in force (the laws of the countries where the servers where the information is stored, etc.) and the notices to be served by Argeloji regarding the Application.
i) The User acknowledges that the Application belongs to and is operated by Argeloji. The content of this application will be protected pursuant to the Intellectual and Industrial rights. The User agrees and undertakes that he/she will not reproduce, copy, distribute, process the images, texts, visual and audio images, video clips, files, databases, catalogs and lists contained within the Application, which may constitute an infringement on the same or personal rights, assets of Argeloji and/or another third party.
j) The User and Argeloji are independent parties. The approval and performance of this Agreement shall not result in a partnership, agency or employee-employer relationship between the parties.
k) Argeloji may share personal data given with the use of the Application, membership and other reasons with third parties by means of anonymizing it. The User agrees, represents and undertakes that such use does not constitute any contradiction to any provisions of this Agreement, in particular the provisions of “confidentiality”, and therefore Argeloji has no obligation for compensation.
5.2. Right and Obligations of Argeloji
a) Argeloji presents the Application in "As Is" format. The definition of "as is" refers to the services provided as package and ready-to-use solutions, and are presented to the User with the features described and submitted to the Use by Argeloji related to the services (in the Application and/or other additional documents provided to the Customer, if any). Argeloji cannot be considered to be under the obligation to develop additional features for the User.
b) Argeloji agrees that it is obliged to operate the Application duly, to retain the data during the term of the Agreement and to ensure that the data collection and preservation efforts will be carried out properly, unless there is a different request placed by the organization where the User is employed.
c) The User agrees and represents in advance that the user name, password, login IP, browser, login date and time information will be recorded and maintained by Argeloji and that this information will be retained primarily for the purpose of storing the information, contractual requirements and for Argeloji to fulfill its legal obligations and that he/she has consented for such information to be used in advance. Argeloji will retain this information for data processing purposes only, and in any case, provided that it meets the statutory timeout periods as stipulated. When the purpose of data processing ends or the periods stipulated under the law have expired, the data will be deleted and destroyed by Argeloji in accordance with the LPPD.
d) Argeloji will be entitled to use software and hardware produced by third parties in order to offer the services provided in the Application. The Customer agrees in advance that Argeloji will not be responsible for any deficiencies and delays due to the partial or complete failure of these software and hardware.
e) Argeloji reserves the right to change the products and services and contents offered in the Application at any time unilaterally upon the request of the organization where the User is employed, to close the access to the information and content uploaded by the User to the system by third parties including the User and delete such information and the content. Argeloji can exercise this right without any notification and without granting any time. If the changes and/or correction claims requested by Argeloji from the User are not fulfilled within the specified period, Argeloji will not be responsible for the damages arising and that may arise and it will be entitled to suspend or terminate the User's right to use the Application.
f) Argeloji may use the User information contained in the Application for User security, performance of its own liability and some statistical evaluations and internal audits, besides the Services and may classify and maintain the same on a database.
g) Argeloji reserves the right to change, reorganize and suspend the Application, any service, information and terms of use available in the Application without any prior notice. The changes shall come into effect as soon as they are published on the Application and announced by Argeloji.
h) Argeloji will not be responsible for any interruptions arising as the result of especially judicial and other competent official authority decisions and practices, force majeure, situations caused by third parties, disruptions and delays caused by organizations providing internet connection service, similar external factors, misuse, technical malfunctions and other interruptions, repair works or other inducements and in these cases, it may block the access to the Application temporarily / continuously and suspend the User account.
i) Argeloji may limit or cease access to the service when necessary, such as when the operational security of the network is at risk, for the continuity of access to the network, preventing malfunctions in the network, software or recorded files, preventing possible disruptions or reducing their impact.
ARTICLE 6. CONFIDENTIALITY AND PERSONAL DATA
6.2. Argeloji undertakes to keep the Confidential Information strictly private and confidential, not to use the same outside of the rules and purposes specified under this Agreement in any way, not to sell it, not to share it with third parties except for the organizations where the users are employed and to take all necessary measures necessary to prevent misrepresentation and unauthorized use or disclosure to a third party and undertakes to take full care of all its liability.
6.3. Argeloji may disclose the information of the Users to third parties by excluding the provisions of this article in the following cases:
* Where it is required to comply with the obligations stipulated by the rules of law,
* In cases where Argeloji is obliged to fulfilling the requirements of the contract between the User and the organization where the User is employed and putting them into practice,
* In the case information is requested about the Users in accordance with a research or investigation carried out in compliance with the procedural method by the competent administrative and/or judicial authorities,
* In case where it is necessary to provide information to protect the rights or security of Users.
6.4. The information obtained within the scope of the application may be used anonymously without revealing the identity of the User in any way by Argeloji, only to perform a variety of statistical evaluations, authorized marketing activities, database building efforts and market researches.
6.5. Argeloji may record the IP address of the Users, the information registered in the social network user account and use these records for such mentioned in the Privacy Policy, if necessary to identify and/or fix the existing or potential problems immediately. These IP addresses can also be used by Argeloji to define the Users in general and to collect comprehensive demographic data.
6.6. The Users agree that the files, information and documents ready for installation (download and upload) and/or sharing will be likely not be free of any viruses, worms, trojan horses, dialer software, spam, spyware or any other malicious and harmful codes or materials and that the Application does not provide any guarantee in this respect. It is solely the responsibility of the User to meet, maintain and update all software and hardware requirements for the prevention of such malicious and damaging software, codes or materials, the correctness of the data input and output or the recovery of any missing data. Argeloji shall not be responsible for any damages the User or third parties may suffer from such malicious software, codes or materials, data errors or losses. Argeloji shall not be responsible for any damages the User or third parties may suffer from such malicious software, codes or materials, data errors or losses.
6.7. Neither Argeloji nor the institutions it cooperates with, Argeloji employees and managers and Argeloji authorized dealers are responsible for the services provided by third parties within the application and the content published therein. It is the responsibility of those third parties who perform these actions to commit that the entire content and information provided by any third party as well as the visuals and auditory images are accurate and in compliance with the law. Argeloji does not guarantee the security, accuracy and legality of services and content provided by third parties.
6.8. While measures have been has been taken within the existing possibilities for the Application to be free of all kinds of viruses and similar software whereas the User will be obliged to supply his/her own virus protection system and provide the necessary protection to ensure ultimate security.
6.9. In this context, the User will personally be responsible for any errors and direct or indirect consequences that may occur due to the User's not taking the necessary measures during the use of the Application. Argeloji does not guarantee any commitments regarding the faults and interruptions that exist or may occur, but represents that it has taken every measure to ensure that the Application is free of errors.
ARTICLE 7: APPLICABLE LAW AND COMPETENT COURT
Turkish Law shall apply in the implementation and interpretation of this Agreement. Istanbul Anatolian Courts and Enforcement Offices shall be authorized for any dispute that arises or that may arise out of this Agreement.
ARTICLE 8: INTELLECTUAL PROPERTY RIGHTS
All elements of the Application are Argeloji's property and/or used by Argeloji under the copyright obtained from a third party (including, but not limited to the technical data presented in general view, design, text, image, logo, icon, demonstrative, written, electronic, graphic or machine readable, applied business method and business model, software code and other codes) All these elements of Argeloji, which are protected within the scope of Intellectual and Industrial Rights, may not be changed, copied, reproduced, translated into another language, republished, resold, shared, distributed, exhibited, used or used outside the scope of this Agreement, without prior permission and without reference or works cannot be carried out or prepared, otherwise, the responsible person(s) agrees and undertakes that it shall be liable to cover the compensation amount, court fees including the attorney’ fees requested from Argeloji due to the losses and damages incurred Argeloji and/or by third parties including the licensors.
ARTICLE 9: AMENDMENTS TO THE AGREEMENT
Argeloji may, at its sole discretion and unilaterally, may amend this User Agreement and any provision thereof at any time it deems appropriate by means of making an announcement on the Application. If the User does not submit his/her objection to the change within fifteen days after the announcement date, he/she shall be deemed to have accepted such change. The amendments shall become effective on the date of their announcement or if any effective date previously stated is in question, then on such effective date and the remaining provisions shall continue to be in force and continue to have effects and arise consequences.
ARTICLE 10: TRANSFER AND ASSIGNMENT OF THE AGREEMENT
Argeloji may transfer or assign this Agreement partially or completely at any time without notice. However, the User may not transfer or assign this Agreement or any part of it to another party. Such an attempt for transfer or assignment shall be not deemed valid.
11: FORCE MAJEURE
The term "force majeure" shall be construed as the uncontrollable and unavoidable incidents beyond the reasonable control of Argeloji and occurring despite the due care shown by Argeloji including but not limited to natural disasters, riot, war and strike and the attacks against the portal and the system despite the necessary information security measures taken by Argeloji.
In all cases legally deemed as force majeure, the Parties shall not be liable for late or incomplete performance or non-performance of any of their acts set forth in this present Agreement.
ARTICLE 12: NOTIFICATION ADDRESSES
The e-mail address notified by the user to Argeloji shall be deemed as the electronic mail to be required as a legal address for any notices to be served regarding the Agreement.
The Parties agree that the requests to be made to their former electronic mail shall be valid and deemed to have been made to their side, unless the parties notify the other party in written form of the changes in the existing electronic mail within three (3) days.
ARTICLE 13: ENFORCEMENT
The User represents, agrees and undertakes that he/she has read, understood, acknowledged and has consented to the accuracy of the information provided by his/her side in respect of all the articles contained in the present Agreement.
1*You can access the Privacy Statement over the link https://blueoperation.io/useragreement/v1.