Predixi Confidentiality Contract
Solid Electron A.S. (hereinafter referred to as “predixi”) who conducts the activities of www.predixi.com application and who is resident in Erciyes Teknopark 5 No.24 , Kayseri, 38039, Turkey address.
Internet user who is a member of www.predixi.com application predixi clients (“Member”)
Applications provided to “Members” by “predixi” in the application
All kinds of information, file, picture, music, number etc. visual, literary and audial images published on the application or mobile applications/or any application or accessible ones.
Natural and legal persons accessing the “Application”
Applications accessible from www.predixi.com domain name or by mobile applications which is named as predixi and sub domain names, in which “predixi” renders its “Services” whose scope is determined herein agreement.
Natural and/or legal persons who are member of the “Application” and benefit from the content, application and “Services” contained in the “Application”.
Subject and Scope of the Agreement
The subject of this contract is determining the terms and conditions related to usage of the “predixi’s” applications in the “Application” by “Member” and “User” and specifying the rights and obligations in this direction.
The scope of herein agreement is to determine the terms and conditions of “Service”, applications and content contained in the “Application”, and also all kinds of declaration directed to “Services”, usage, content, applications and users rendered by “predixi” in the “Application” shall be acknowledged as an indivisible part of herein agreement. With the acknowledgement of this agreement by the “Member”, the “Member” accepts, declares and promises that he accepts all kinds of declaration directed to “Services”, usage, content, applications and users rendered by “predixi” included and to be included in the “Application”.
Rights and Obligations
To gain the “Member”ship status, the “User” who wants to be a “Member” should contact with “predixi”, give the real information in respect to information requested by “predixi”, and “predixi” should approve this membership application by evaluation. With the complement of approval process and notifying the “Member”, “Member”ship status begins and the “Member” acquires rights and obligations specified in the herein agreement and related places of the “Application”. Only the applicant acquires “Member”ship rights and obligations and the “Member” definitely cannot pass this rights and obligations to any third party partially or wholly. If there is a dispute on which natural or legal person has the “Member”ship rights and obligations and relevant persons make a request from “predixi” in this issue, “predixi” shall accept that the natural or legal person having the user name and password is has the “Member” rights and obligations and shall make an operation in this direction; in such a case “predixi’s” right to act independently from the rule specified in this article in line with the membership information, member operations and related information is reserved. “predixi” may decline the “Member”ship applications totally voluntarily and without any reason or attribute the acceptance of “Member”ship application to additional terms and conditions. “predixi”; may cancel the membership of the “Member” by reason of contrariety to rules and conditions stated in the “Application”, determining the information given during the “Member”ship application are not sufficient, correct or current, the application of the person who is applying for “Member”ship is formerly declined, determining the operations that the “Member” make emerges a risk for “predixi” in the scope of legal, technical and especially in information security and including related reasons, for default or for convenience and without any notice, without any compensation liability at any time.
“Member” declares that he shall obey the provisions of herein agreement, all terms and conditions stated in the “Application” and legislation in force and general moral rules in the operations and correspondences he made while in “Member” and “User” status, and he understood and accepts these rules and conditions.
The username and password information that “Member” needs in order to access the “Member Profile Page” and make some operations on the “Application” is composed by the “Member” and the “Member” is responsible from the security and confidentiality of mentioned information. “predixi” bears no responsibility of the damage suffered or to be suffered by “Member”s and/or third parties because of all negligence and fault of the “Member” in securing, hiding, keeping away from the knowledge of third parties and usage of the information issues. The “Member” accepts, declares and promises that all the operations made with the username and password belonging to him are made by him, the responsibility of these operations belongs to him; he cannot make a refutation or objection about that he did not make these work and operations made in this way and/or he shall not avoid to fulfil the obligation by on the ground of this refutation or objection. All kinds of compensation and other request right of the “predixi” originated from mentioned unauthorized use is reserved against all claims and requests directed to “predixi” by the third parties and competent authority with the responsibility emerging for this reason.
“Member” accepts and promises to comply with the legal legislation provisions and not to violate them while he uses www.predixi.com application beforehand. Otherwise, all the legal and criminal liabilities emerging will be applied totally and exclusively to “Member”.
“Member” cannot use www.predixi.com application in the way that disturbs the public order, disorderly, annoys and harasses other people, for illegal purposes and in the way that assaults the intellectual and copyrights of others. Also, “Member” cannot make activities and operations (spam, virus, Trojan etc.) that prevents or makes difficult for others to use the services.
“predixi” will not be responsible for the “Member” data’s being read by unauthorized people and damage to be done to “Member” software and data. “Member” accepts in advance that he shall not claim any compensation from “predixi” because of a damage emerging from the usage of www.predixi.com application.
“Member” acknowledges that he shall not access the other “User”s software and data without permission or use them. Otherwise, all the legal and criminal responsibility emerging from this belongs to “Member”.
“Member” violating one or more than one articles contained in this herein confidentiality agreement is criminally and legally responsible for herein violation and “predixi” shall be free from the criminal and legal results of these violations. Also; if the incident is reverted to area of law, “predixi’s” right to request compensate because of the violation of confidentiality agreement against “Member” is reserved.
“predixi” always has the right to cancel the membership of the “Member”, and delete the file, document and information belonging to the costumer unilaterally when it is necessary. “Member” accepts herein disposal in advance. In this case, “predixi” has no responsibility at all.
Software and design of the www.predixi.com application is the property of “predixi”, related copyright and/or other intellectual property right is protected by related laws and these cannot be used, acquired and changed by the “Member” without permission.
“predixi” can gather some information like the name of the Internet service renderer and Internet Protocol (IP) address, date, time, location and address of the access to the “Application”, pages accessed while the “Application” is open and Internet address of the Application from which the “Application” opens directly intended to enhance, develop and secure www.predixi.com application and/or in the frame of legal legislation.
“predixi” can use the personal information of the “Member”s in the studies intended to the special choices and interests of the “User”s in order to render better service to its “User’s”, enhance its products and services and ease the usage of the application. “predixi” reserves the right to keep the record of the activities “Member” does on www.predixi.com application.
Natural or legal person who is a member of “predixi” declares and accepts that he gives permission to the presentation of product and service promotions, advertisements, special offers, advantages, surveys and other customer satisfaction applications to him by all the companies associated with “predixi” and Solid Electron A.S. in the scope of application in force or to be in force. “Member” declares and accepts that he gives permission to the gathering of personal and shopping information and shopping and/or customer activity information that he gave in the past and/or to be give while being a member of “predixi” and/or by means of other ways, sharing information with all the companies associated with Solid Electron A.S., using and archiving information by all the companies associated with “predixi” and Solid Electron A.S. Unless otherwise specified by “Member”, “Member” declares and accepts that he gives permission to the gathering of this data, sharing it with all the companies associated with Solid Electron A.S., using and archiving by all the companies associated with “predixi” and Solid Electron A.S.. Unless otherwise specified by “Member”, “Member” accepts and declares that he gives permission to all companies associated with “predixi” and Solid Electron A.S. to contact him with internet, phone, SMS etc. communication channels. “Member” declares and accepts that he shall not request anything directly and/or indirectly for a pecuniary and/ or intangible negative and/or positive etc. any damage because of the gathering, sharing, using, archiving of the information mentioned above and access to him, and he shall not regard companies associated with “predixi” and Solid Electron A.S. responsible. If “Member” wants to change sharing choices, he can notify “predixi” about this request.
Parties accept and declare that all the computer records belonging to “predixi” shall be grounded on as only and real exclusive evidence in accordance with HUMK article 287 and the mentioned records constitutes an evidence contract.
In accordance with herein confidentiality agreement, “predixi” has the right to send notification mails to recorded e-mail of the “Member”, send notifying SMSs to the phone of “Member” and also the “Member” shall be regarded as accepted the sending of these notification mails and SMSs to his e-mail and phone by approving herein confidentiality contract. If the “Member” wants to unsubscribe from mails and/or SMSs etc., he can click the relevant point in the “List” screen and make the unsubscribe operation from “Point Alarm” section.
Cancellation of the Contract: herein contract shall be remain in force until cancellation of the “Member”ship by member or cancellation of the “Member”ship by “predixi”. “predixi”, can unilaterally cancel the contract by cancelling the “Member”ship of the member if the “Member” violates any provision in this confidentiality contract.
Content Contained on the “Application”
“predixi” reserves the right to change the content of the “Application” at any time, change or cancel any service rendered to “User” or erase the “User” information and data recorded in the application.
“Member” accepts, declares and promises that he will take every measure (including using necessary anti-virus softwares) for the information, content, material or data provided by him to the application do not contain virus, spyware, malicious software etc. all kind of material that can harm the “Application” or any part of it.
It is forbidden for “Member” to give, sell, rent, lease or distribute the license or sub-license of all the software, software parts, integrated or separate media players and similar applications. “Member” accepts and promises that he shall not reverse or decompile all the software, software parts, integrated or separate media players and similar applications, or he shall not make reverse engineering or any operation intended to find the source code or obtain it.
Usage of the “Application”
If the “Application” is used for break, change, to make reverse engineering wholly or partially, to try accessing the site in the way that brings a load that is unreasonable or huge for communications and technical systems specified by the “Application” or prevents or breaks those mentioned systems, to use automatic program, robot, data mining, data search etc. on the “Application” and “Member” information and content without prior written consent, “Member” shall be regarded as he acknowledged that he is responsible from all the possible faults and the direct and indirect results of it.
Necessary measures in the scope of current possibilities are taken in order to free the “predixi” application from virus and similar software. Besides, it is necessary for the “User” to provide his own anti-virus system and provide the necessary protection. In this context, by entering the “predixi” application, “Member” is regarded as he acknowledged that he is responsible for any possible faults in his software and operating system and the direct and indirect results of it.
It is illegal to use the “Application” and the content on the “Application” apart from its utilization limit specified by herein agreement; related request, sue and follow rights of the “predixi” is reserved.
“predixi” may set a fee if it wants according to other “Services” in the “Application”; in such condition, the members shall pay fee whole and complete in order to benefit from the relevant “Services”. Fees about the applications, payment conditions, exercise dates of the fees shall be declared on the relevant parts of the “Application”. There is a facility for Various “Services” of the “Application” to be given with a low price or for free but “predixi” shall anytime go back on giving the “Services” with a low price or for free unilaterally and start giving the “Services” with fee or with full fee. The relevant “Services” shall be provided with the aforesaid terms and conditions after the notification on this issue on the “Application” and for the “Members” that benefited from the “Services” before the amendments, the newly changed terms and conditions shall be applied for them as well. If there had been no payment for a “Service” except for the “Services” which were declared to be missing or for free, it doesn’t mean that the relevant “Service” is for free or at the cost of the partially paid amount. “predixi” has the right to end the membership of the “Member” if there is an occurrence of partial payment or no payment at all.
“predixi” shall give the “Services” in the form and quality that is declared on the “Application” and shall hold no undertaking or responsibility about the quality , applicability, integrity, durability of the “Service” of “predixi” and such issues. “predixi” may anytime make an amendment, and these amendments shall come into force by declaration on the “Application”.
“predixi” shall exercise the “Member” information declared by the “Application”, the responsibilities indicated with the agreement hereby and the fulfilling of the application necessary for the “Application” to operate and with the aim of the statistical assessment indicated by itself and not limited with these, may use them in the necessary periods to exercise the aforesaid responsibilities, keep them and clarify them to the third persons. “Member” accepts and declares that he consents such usage and keeping of the information of his own by “predixi”.
“predixi”, in compliance with the legislation in force, shall the information of “Member” that is on him with the competent authorities on the condition that there is a regular demand from the competent authorities.
Intellectual Property Rights
The components of the “Application” (interface, notice data base, contents data base, design, text, image, html code and all the other codes included but not limited with all these) belong to “predixi”. The re-selling, sharing, delivering, exhibition and giving the access to third persons of the “predixi” applications, the information on the “Application” and the studies that are in “predixi’s” authors royalties are not allowed. Those who exercise the not-allowed usage are responsible for “predixi” and third person’s losses along with the court costs and attorney fee and all the other expenses. The “Application” and the applications and contents on the “Application”, information, studies that are in “predixi’s” authors royalties, all property including trademarks or any kind of material or intellectual property rights, real and personal right, business knowledge and all the rights related to know-how are reserved.
“predixi” may change, update or cancel the conditions of the confidentiality agreement without any need of prior notice and/or warning in any way, shape or form. Those provisions that are amended, updated or cancelled shall enure on the date of broadcast by all the “Members”. The contract hereby shall not be changed by the single-sided declaration of the “Member”.
For all the conditions that count for force majeure by law, “predixi” shall not hold any responsibility for the indicated acts that are exercised late or missing or not exercised at all. All the conditions and such, delay, late exercising or not exercising at all shall not be considered as delinquency for “predixi” or no compensation may be claimed under any name. The term force majeure shall be interpreted as natural disasters, rebellion, war, strike, communication problems, substructure and internet malfunctions, improvement and renovation work and the malfunctions that may stem from these, power cut and including bad weather conditions but not limited with these, all the other events apart from the reasonable control of the relevant part and the events that may occur despite “predixi” exercised due intelligence and failed to prevent and therefore is inevitable.
Applicable Law and Authorisation
In applying and interpreting hereby contract, and for the management of the legal relationships resulting from this contract Turkish Law shall be applied on the condition that there is an element of foreignness except for the Turkish conflict of laws. On the condition that there is a controversy stemming from this contract or for the controversies possible, Kayseri Courts and Enforcement Offices shall be authorised.
Validity of “predixi” Accounts
“Member” declares, accepts and commits that the electronic any system accounts that “predixi” holds in its database and servers, business accounts, book accounts shall constitute respected certain and exclusive evidence for the possible controversies to occur and recognises “predixi” since the tender on oath and this article have the characteristics of evidential contract in compliance with HMK 193rd Article.
The invalidity, lawlessness, impracticability of any provision on this contract shall not affect force of the other provisions of the contract.
Coming Into Force
Coming into force means the membership registration of the “Member” and therefore he read all the articles on the confidentiality contract and accepted all the articles on the confidentiality contract. Hereby contract shall be registered at the moment of membership of the “Member” and therefore came into force mutually.