This User Agreement (the “Agreement”) is governed by Frigian Information Technology Services. (“Company”) and the person registered as a user (“User lar) on the site at https://frigian.net The Agreement shall enter into force upon acceptance by the User electronically. will continue to be in force unless terminated in accordance with the procedures set out in
This Agreement is entered into by the User in order to determine the rights and obligations of the parties and the terms and conditions relating to the use of the cloud-based Logistics Management System and application (“Application eriş) accessed through the Site and the data uploaded to the Site by the User (“ Content ”). The terms of use, rules and conditions provided by the Company to the Users regarding the use of the Site and the Application within the scope of the Site shall be an annex and an integral part of this Agreement and constitute the entire rights and obligations of the parties together with the rights and obligations contained herein.
3.1 The User acknowledges that he is required to ratify this Agreement by providing complete, accurate and up-to-date information requested by the Company in order to benefit from the Application. In the event of any change in the information provided during the establishment of user status, such information shall be updated immediately. The Company is not liable for inability to access and use the Site or Application due to incomplete or untrue information or outdated information.
3.2 The user declares that he or she is at the age of 18 and has the legal capacity to conclude this Agreement. If the User accesses the Site on behalf of a business, the User acknowledges and declares that it has the necessary authority to do so. In this case, the User status and rights and obligations shall belong to the entity concerned.
3.3 The User has the right to establish a single User account and it is prohibited 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 at its sole discretion without giving any reason.
3.4 Access to the Site by the user shall be made using the e-mail address and password. The User shall be responsible for the protection of the confidentiality and security of this password and any activity performed through the use of such information through the Site shall be deemed to be performed by the User, and all legal and criminal liability arising from such activities shall be borne by the User. The User shall immediately notify the Company of any unauthorized use of his password or any other breach of security.
3.5 The User agrees and undertakes to use the Application only for its lawful activities and to comply with this Agreement, its annexes, applicable legislation and other terms and conditions set forth in the Site with respect to the Application. The User will be able to use the Application and Site on behalf of the third party as long as they are authorized to provide services to third parties. The User shall ensure that such persons comply with this Agreement and all other provisions that apply to it.
3.6 The User may authorize a third party (“Authorized User için) to use the Application from time to time. Who the Authorized User will be and the level of authorization under the Application will be determined by the User. The User is responsible for the Authorized Users' use of the Application and will always control the Access of the Authorized Users to the Application and may change or revoke the Authorized User's level of access to the Application at any time and for no reason. In the event of a conflict between the User and the Authorized User regarding access to the Application, the User shall make the decision as to the access level 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 the User bears full responsibility for the Content. The Company has the right to use the Content under the license granted to the User by this Agreement. The Company shall not be held liable for any loss or damage that may arise from the Content or the Content, and the Company has no liability with respect to lawfulness, accuracy of the Content, payment of invoices, collection, financial transactions and tax notification. It is the User's sole responsibility to ensure compliance with the applicable legislation on financial transactions, taxes and other matters. The User acknowledges that the Company may delete the Content from the Application and its systems based on the requirements arising from the applicable legislation, in particular the financial arrangements, and that the Company is not liable for any damages that may occur in this context, including lost data.
3.8 In the event that the Company or the Application is hosted by third parties, the User shall not engage in any activity that could compromise the security or integrity of the computer or network systems of such third parties, the Application, the functionality of the Application, the Site or any other and will not allow unauthorized access to the computer systems on which the Application is hosted, or to the Application within the scope of the access granted to the Application, to the Company's and third party's computer systems. files or unlawful Content that may damage your device and software (including any copyrighted or trade secret otherwise, modify, copy, adapt, reproduce, source code or reverse engineer the computer programs used in the provision of services or the operation of the Site unless absolutely necessary for ordinary use.
3.9 The User acknowledges that his use of the Application may be subject to restrictions, including monthly transaction and storage volumes. Such restrictions shall be specified in the Application.
3.10 The User shall keep copies of the Content uploaded to the Application. The Company complies with the policies and procedures necessary to prevent data loss, but does not guarantee that the Content will not be lost. The Company is not responsible for the loss of Content regardless of how it arises.
3.11 The Company shall store and use the information and data shared by the User under the “Privacy Policy ek which is in addition to this Agreement. The User agrees that the Company may share the information contained in the User with the relevant authorities upon request from the competent authorities in accordance with the legislation in force. In addition, information regarding the User and the transactions performed by the User through the Site may be used for the security of the User, the fulfillment of the Company's obligations and for certain statistical evaluations. The Company also has the right to share Content with other users to provide requested services such as invoicing, sharing payment information. If the user wishes to use the Content of other users, he or she will obtain the consent of the relevant users and use such Content within the scope of the consent granted by the other user. This information may also be classified and maintained on a database and the Company may make anonymous use of such data for performance evaluations, marketing campaigns of the Company and business partners, annual reports, and similar transactions. use the following. User Content and other information of the Company or by third parties in Turkey accepts or can be stored in data centers located abroad.
3.12 In 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 technical support needs continue, the necessary support will be provided through the Site, Application or other appropriate channels.
3.13 In the event that the User is provided with the means of communication (such as Ship information, Bill of Lading Confirmation, Preliminary notification message, payment collection message) to the User, the User declares and undertakes that he will use these means only for legal purposes. The user may use the communication means in question for 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, insulting content for other users, or any illegal content. will not use it to share. The user undertakes that he has the authority to do this in terms of any communication he performs on the Site. The Company has no obligation to check the appropriateness of communications made through the Site or to the intended use of the Application. In respect of other web-based communication tools accessed or used in connection with the Application, the User shall take due care to use the communication tools provided through the Site. The Company has the right to remove the communication tools provided through the Site at any time in its sole discretion.
3.14 The Company reserves the right to revise this Agreement and its annexes without any prior notification, and if such right is exercised, the amendment shall enter into force upon the next use of the Site by the User. The User reserves the right to terminate this Agreement if the User does not accept such changes.
3.15 The User may not transfer or assign the User account and the rights and obligations arising from the use of this Site to a third party in any way.
3.16 In the event that the User acts in contradiction with the other terms and conditions and the declarations and commitments within the scope of this Agreement and the Site, the Company shall have the right to suspend the membership of the User or to terminate the user status by terminating the Agreement as follows. In such a case, the Company reserves the right to claim any damages arising from such breach.
4.1 The User shall be entitled to benefit from the Application only in full and in full with the payment terms and means declared on the Site.
4.2 The User may use the Application free of charge for the period specified in the Site. At the end of the trial period, the User's membership will become a paid membership, which will be determined by the type of service level, functionality, campaigns or contract duration. Fees, payment terms, and effective dates of the application will be announced in the relevant sections of the Site. The user may, at his or her discretion, upgrade or downgrade the membership package. Requests for this shall be made at the end of the related membership period unless otherwise stipulated by the Company. Any changes to the fee and payment terms for the membership package during the User's membership period will not apply until the end of the User's membership period, and new fees and payment terms will apply upon the start of the new membership period. No refund will be made if membership terminates for any reason, including termination of the Agreement during the term of membership.
4.3 The User's membership shall be renewed automatically at the end of each period, unless otherwise requested by the User up to 14 (fourteen) days prior to the end of the period.
4.4 The Company will forward the invoice for usage fees at the beginning of the membership period to the contact address provided by the User. All invoices shall include fees for the previous membership period in the case of post-paid membership and fees for the next membership period for pre-paid memberships. The user shall pay the relevant amount on the invoice within 14 (fourteen) days following the invoice date. The User is responsible for the payment of taxes and fees in respect of the relevant fees.
4.5 The User, the Company, or any third party approved by the Company, may retain User's credit card and payment information to perform membership and payment transactions or bank integration and related updates.
4.6 The customer (end user) consents to the transfer of information regarding payment method, membership and order to iyzico and to the processing and storage by iyzico for the purpose of payment and prevention, investigation and detection of payment irregularities. The current version of the Privacy Policy is displayed at https://www.iyzico.com/gizlilik-politikasi/.
5.1 All rights, property and interests on the Site and the Application belong to the Company. Under this Agreement, the User is granted a personal, worldwide, royalty-free, non-transferable and non-exclusive license to use the Site and the Application. Nothing in the Agreement and any other terms relating to the Site shall be construed as transferring the rights and interests of the Site or Application to the User. Under this Agreement, the User grants the Company the right to use, copy, transmit, store, and make backups of the User's information and Content, for the purposes of the User's access to, use of the Application and the provision of services. The Company reserves the right to sublicense third-party developers with respect to the Content in order to provide the services.
5.2 The User is not entitled in any way and for any reason to copy, modify, reproduce, reverse engineer, recompile, or otherwise access the source code of the Software on the Site or create any work from the Site. Modification of the browsers and contents of the Site in any way, and linking to or from the Site without the express permission of the Company is strictly prohibited.
5.3 The User may in any way disclose the trade name, trademark, service mark, logo, domain name, etc. of the Company (or its affiliates). It will use.
6.1 Applications, software and other content on the Site are provided G AS IS, and the Company does not have any responsibility or commitment regarding the accuracy, completeness and reliability of the Application, software and content. The User understands and acknowledges that the Company also does not commit to the relationship of Content and other User data. The Company does not warrant that the use of the Application is uninterrupted or error-free. The Company aims to make the Application accessible and available 24/7, but does not guarantee the availability and availability of systems that provide access to the Application. The User acknowledges that access to the Application may be denied or interrupted at various times. The Company is in no way liable for any such interruptions or interruptions.
6.2 The User may provide links to other web sites and / or portals, files or content that are not under the control of the Company through the Site, and to support the website or the person to whom such links are directed, or to make any representation or warranty of any kind with regard to the website or the information contained therein. and the Company has no responsibility for portals, websites, files and contents, services or products or their content accessed through such links.
6.3 The User acknowledges that the access and quality of the Applications and Applications offered through the Site is largely based on the quality of the service provided by the relevant Internet Service Provider and that the Company has no responsibility for any problems arising from such service quality.
6.4 USER IS EXCLUSIVE RESPONSIBLE FOR THE CONTENTS AND THE USE OF THE SITE AND APPLICATION. THE USER ACKNOWLEDGES THAT THE COMPANY HAS BEEN INCLUDED INCLUDING ANY CLAIMS AND REQUIREMENTS (JURISDICTION COSTS AND LAWYER'S FEE) THAT MAY BE COMMITTED BY THIRD PERSONS RELATED TO INTELLECTUAL PROPERTY VIOLATIONS, CONTENT, APPLICATION AND USE OF THE SITE.
6.5 TO THE EXTENT PERMITTED BY APPLICABLE LAW, PROFIT LOSS, LOSS OF GOODWILL AND REPUTATION, EXPENSES FOR SUPPLY OF SUBSTITUTE PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE USE OF THE SITE, WILL NOT BE RESPONSIBLE FOR DAMAGE. IN addition, THE COMPANY EXPRESSLY DISCLAIMS NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. THE LIABILITY OF THE COMPANY WITHIN THE SCOPE OF THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID BY THE USER UP TO THE DATE OF THE RELEVANT LOSS OF THE RELATED DAM.
7.1 This Agreement shall enter into force upon acceptance by the User in electronic form and shall remain in force unless terminated by either party as follows.
7.2 Either party may terminate this Agreement at any time by giving a written notification to the e-mail address notified by the other party 1 (one) week in advance without any justification or compensation.
7.3 If a Party fails to fulfill its obligations under this Agreement in full and duly and the written notice by the other party is not remedied within the given period, this Agreement may be terminated by the notifying Party. In the event that such a breach occurs by the User, the Company shall have the right to suspend the User status until the breach is resolved. In the event that the User violates the legislation in force, the Company may terminate the Agreement for good cause immediately.
7.4 Termination of the Convention shall not relieve the Parties of their rights and obligations arising up to the date of termination. Upon termination of the Agreement, the User shall be responsible for all fees and expenses incurred to date and shall not be able to use the Site and Application as of the date of termination. In case of termination of pre-paid memberships, no refund shall 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 account is not 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 reserves the right to store the Content in its databases as long as this Agreement is in force. User may receive the User Content free of charge within 6 (six) months following the end of the User's membership period or the termination of this Agreement. The Company may charge fees for such requests submitted after the expiry of this period. Related fees will be specified in the Application.
8.1 The invalidity, illegality and unenforceability of any provision of this Agreement or any other statement contained therein shall not affect the validity and validity of the remaining provisions of the Agreement.
8.2 This Convention is in its entirety. In case of any conflict between the contract and its annexes, the provisions of the annexes shall apply.
8.3 The user shall be contacted by e-mail or by general information on the Site, which they provide when registering. Communication by e-mail replaces written communication. It is the User's responsibility to keep the e-mail address up-to-date and to regularly check the Site for information.
8.4 Any dispute arising out of this Agreement and its annexes shall be governed by the Courts of Istanbul (Caglayan) and the Enforcement Offices.