FORIE USER AGREEMENT 

 

Article 1 - Introduction

 

This User Agreement (the "Agreement") defines the rules at the website ("Site") www.forie.com and the other rules at the websites at the subdomain addresses of this address and the mobile applications (together hereinafter referred to as "Forie") and the terms related to your use of Forie. This Agreement is made between you as a Forie user (“User”) and the Forie owner, KOBİ ULUSLARARASI TANITIM VE DAĞITIM HİZMETLERİ SAN.TİC. A.Ş. (“KOBİ A.Ş.”), operating at Altayçeşme Mh. Zuhal Sk. Niyazibey İş Merkezi, No: 22/7 Maltepe / İstanbul.

 

This Agreement regulates the terms and conditions of the services provided by KOBİ A.Ş.. All policies and rules on the site constitute the supplement to the Agreement as an integral part of this agreement.

 

Article 2 - Term


Anyone who completes the membership process on the Site, regardless of it is paid or free, is considered a “User”. This agreement is valid for all users. The Agreement will enter into force upon completion of the registration process for new Users, and on the date of approval for existing Users.

 

Article 3 - Content

 

Forie is an online trading platform where companies take part with their corporate identities, bringing together companies that want to import and export. Company profiles are managed by users. Companies that want to export can display their products; Companies that want to import can create product purchase announcements. KOBİ A.Ş. is not the owner and/or seller of the products and/or services listed in Forie.

 

Users can upload their CVs to the Site and share their personal information. KOBİ A.Ş. makes no commitment to the accuracy of this information.

 

Under their company identities the users can message with other companies. Users/Companies shall be responsible for the content of the messaging. KOBİ A.Ş. cannot be held liable for the information provided by Users/Companies within the messaging system.

 

KOBI A.Ş. shall not make any representations, warranties or commitments regarding the accuracy, quality, safety of the content provided by the Users and the products and services offered for sale or whether these products and/or services are legal.

 

Article 4 - Acceptance and Application of Terms of Use

 

4.1 If the User does not accept the terms set out in the Agreement, he/she must stop using Forie. If the User uses Forie, he/she shall be deemed to have accepted and approved the terms written in the Agreement.

 

4.2 In case of legal disputes arising from the application and interpretation of this agreement Turkish Law shall be applied. In the event of any dispute between the parties that may arise due to the interpretation or application of the provisions of this agreement, Istanbul Courts and Enforcement Offices shall be authorized.

 

4.3 KOBİ A.Ş. reserves the right to modify the Agreement, policies and rules at any time. Such changes shall be effective on the date they are posted on the Site. If you continue to use Forie after the changes are posted, it means that you accept the new Agreement. The Agreement cannot be modified without the permission or authority of the official authority of KOBİ A.Ş..

 

Article 5 - Services


The services provided by Forie are briefly; 

 

5.1 Virtual Platform Bringing Exporter and Importer Together

  • Providing sellers with a platform where they can sell their products and/or services by creating their own content, and where buyers can view a large number of products and/or services in different categories and communicate with the seller.
  • Sellers and buyers can communicate on the sales price, delivery terms and payment terms of the products and/or services by making use of the site infrastructure and agree on the order conditions.
  • KOBİ A.Ş. is not the seller and/or buyer of any product and/or service added by Users to Forie.

 

5.2 Creating Buying and Selling Request:

  • Users can create requests (advertisements) in different categories regarding the products and/or services they intend to buy and/or sell by creating their own content.
  • Sellers and buyers can share the requests (advertisements) related to the product and/or service publicly by making use of the site infrastructure.
  • KOBİ A.Ş. is not liable and/or responsible for controlling the content provided by the Seller and/or Buyer and for investigating whether there is an illegal activity or situation related to the content or the goods and services that are the subjects of this content.

 

5.3 Messaging

  • Users can communicate with representatives of buyers and/or sellers using the Forie infrastructure
  • This feature can also be used for internal communication.

 

  • Streaming
  • It is the listing of news, updates, purchase and sale advertisements about the categories, sectors, products and firms that are related to User’s company and/or the User is interested in, and other similar content on the User's home page.

 

User; can later change the categories, sectors, products and firms he/she is interested in.

 

5.5 Resume

  • Users can add their resumes and personal information to the Site. KOBİ A.Ş. cannot be held responsible for the accuracy or inaccuracy of this information.
  • The User shall agree that all the information he/she shares can be shared on the Site open to other Users or publicly.

 

5.6 Add/Dismiss Personnel

  • Users can add different Users as personnel to manage their company accounts, and make authority arrangements, and also dismiss personnel.
  • The personnel can also accept incoming business invitations, or leave companies.
  • Company personnel are included on the company profile page, along with full name information. This personnel information is viewed by other Users. In addition, if this user who is personnel uploaded his/her resume to Forie, this information is also viewed by other Users.
  • KOBİ A.Ş. cannot be held responsible for the transactions that the User has made or may make (even if it is a system error) as personnel.

 

Article 6 - Paid Services

 

6.1 Access to the Site and use of features is open to all Users. In addition, KOBİ A.Ş. without prior notice may limit access to Forie features and/or certain areas to be specific to Users who made payment or Users with special registration (“Paid Services”).

 

6.2 KOBİ A.Ş.; may turn off Paid Services for any User to protect its rights and/or Forie.

 

6.3 KOBİ A.Ş.; has determined the contents and fees of the Paid and Free Services that Users can use through the membership package plans in Forie. KOBİ A.Ş. reserves the right to change the contents and/or fees for these packages.

 

Article 7 - General Users

 

7.1 Each User agrees that; he/she cannot copy, use, or download any information, text, images, videos, clips, folder, file, database or listed information in Forie any Forie content with the intend to resell and distribute, via Forie and/or other means and/or for a business relationship that will leave Forie in a difficult situation. Otherwise, they would abuse Forie commercially.

 

Without the written permission of KOBİ A.Ş.; systematic renewal of Forie content via Forie, either directly or indirectly, to create or compile a collection, compilation, database or folder (with robots, spiders, automatic devices or manually) is prohibited. In addition, the use of content or materials for any purpose is prohibited unless specifically stated in this Agreement.

 

7.2 Some of the content displayed on Forie is provided or posted by 3rd parties ("Third Party Content"). KOBİ A.Ş. is not authorized for the content of third parties.

 

However, including those provided by anonymous Users or paid content providers; neither KOBİ A.Ş. nor our Company's affiliates, managers, or employees are engaged in any sales agency relationship with a similar third-party company, using the effect of displaying Third Party Content on Forie.

 

7.3 Forie may permit Users to access services, products, content provided with links (words, banners, channels, etc.) to third parties' websites. Users should read the terms of use or privacy terms of such sites before using them. The user knows that KOBİ A.Ş. cannot control any such websites of third parties or observe them. KOBİ A.Ş. is not liable or responsible for any such sites and/or any content, product, service provided by such sites.

 

7.4 Messages sent by Users through communication channels on Forie; information or letters, faxes, emails sent to addresses provided from Forie; should not contain any of the content described below in Article 9.5.

 

7.5 KOBİ A.Ş. has the right to deny or limit the access of User to Forie. KOBİ A.Ş. has the right to change Forie features and/or add/change new features without notice.

 

KOBI A.Ş. and its affiliates cannot be held responsible for problems encountered by the User due to failure to use Forie (due to situations including but not limited to feature changes, cancellation of features, disruption, limitation of access).

 

7.6 No User can attempt to disrupt the integrity of the networks and/or computer systems used by Forie; cannot attempt to gain unauthorized access to network and computer systems.

 

7.7 Each User also accepts the Privacy Agreement and its updates and renewals. Each User agrees that KOBİ A.Ş. may renew its Privacy Agreement from time to time on Forie. Continued use of Forie means that you have accepted the Privacy Policy.

 

7.8 If KOBI A.Ş. believes that any User, with or without any reason, gives any harm to KOBİ A.Ş. and/or to its affiliates, activities of Forie, structure of Forie, original identity of Forie and other Users, KOBI A.Ş. has the right to close the account and/or block entry to Forie completely.

 

Article 8 – Registered Users

 

8.1 Each person who completes the membership form in Forie is a registered user of Forie ("Registered User"). Forie will publish an account ("Account") for each Registered User, and each Registered User will set a username ("User ID") and password ("Password") to access their account.

 

8.2 Forie may allocate a chat module ("Chat") to Users that will allow messaging with other Users and sending and receiving documents. The user shall be responsible for the content and consequences of all messages and documents sent via Chat. KOBI A.Ş. cannot be held responsible for the content and consequences of these messages and documents.

 

8.3 If the Registered User has added a business entity to Forie, he/she accepts and declares to fulfil the following conditions:

 

(a) He/she has the legal authority to approve this Agreement;

(b) The address given when registering indicates the approved valid location of the business;

(c) The business entity added is not the branch or representative, but the headquarters of the business;

(d) All information used while registering to Forie is accurate, precise, valid and complete.

 

8.4 As a Registered User, you allow us to receive your personal information in our global database and authorize Forie to share this information with other Users.

 

8.5 KOBİ A.Ş. may cancel or suspend the Registered User's Account at any time by notifying the Registered User. However, KOBİ A.Ş. does not have to provide prior information in the following cases:

 

(a) If the Registered User; acts in violation of the provisions of this Agreement and/or other agreements and rules on Forie;

(b) If the information provided by the Registered User is incorrect, inaccurate, invalid or incomplete;

(c) If it is believed that the activities of the Registered User will cause financial losses or legal problems to other Registered Users, other Users, KOBİ A.Ş. or its affiliates.

 

8.6 Registered User cannot use Chat module; to send promotional messages, spam messages, inappropriate messages; and for any lawless, harmful, harassing, defamatory, abusive, threatening, rude, obscene, or unpleasant purpose.

 

The Registered User cannot use the Chat module for the circulation, transmission, dissemination or publication of persistent advertising activities, promotional information or any obscene, inappropriate, provocative, disgusting, defamatory, threatening content, and to promote racism, discrimination, threat, violation of privacy.

 

8.7 A Registered User cannot sell, attempt to sell, offer, or transfer a Registered User Account, User ID or Password to a third party or commercial business without the written permission of KOBİ A.Ş..

 

Article 9 - Users who Publish Information on Forie

 

9.1 You must be a Registered User to publish information using the editing tools provided by Forie. Your situation will be as specified in the provisions of Article 8.

 

9.2 There are no sales agency agreements between KOBİ A.Ş., its affiliates, partners, managers or employees and any User.

 

9.3 Each User undertakes and accepts to provide accurate, precise, valid and complete information to KOBİ A.Ş. to be published on Forie; to make necessary arrangements and updates for the correct, precise, valid and complete protection of all this information.

 

9.4 Each User grants to KOBİ A.Ş. all rights required for any material or information published/to be published on Forie or authorizes KOBİ A.Ş. for display.

 

Although third party copyright affecting information or materials displayed on Forie or linked to them including but not limited to trademark registration, trade secret rights, patents and other personal or proprietary rights, privacy rights and personality rights will hereinafter be referred to as "Third Party Rights".

 

Each User shall assume responsibility for any information and materials and displayed products which he/she will publish on Forie or provide to Forie or authorize Forie to publish this information, and shall accept, declare, undertake and guarantee that this information, in no way, will infringe Third Party Rights or they are provided with the consent of their holder.

 

Each User shall also agree, declare, undertake and guarantee that they have the right to manufacture, offer, sell, import and distribute the products shown and offered on Forie, and that the production, offer, sale, import and/or distribution of these products do not violate Third Party Rights in any way.

 

9.5 Each User who records information to be published on Forie agrees and undertakes that it does not contain the following:

 

(a) Fraudulent information or fraudulent offers or sales attempts of counterfeit or stolen products, marketing and/or sales of prohibited products by law, or promotion of other illegal activities;

(b) To be part of plans or other illegal purposes to defraud users; to be associated with third party copyrights, patents, trademark registration, trade secrets and other property rights, and sales of services or products that infringe Third Party Rights; violating any law, status, law or regulation (including but not limited to outsourcing management, consumer protection, unfair competition, discrimination, or false advertising); engaging in defamatory, derogatory, unlawful threatening or harassing activities;

(c) To upload obscene or pornographic or sex-related merchandise or other similar content, or promotion of sexual content or materials harmful for minors; promotions of discrimination based on race, bet, sex, religion, nationalism, disability, tendency to sex or age;

(d) Unauthorized advertising or harmful material (including spammers), infringement of privacy or interfering with a criminal offense, preventing civilian liability, or breaking any laws and regulations;

(e) Persistently requesting business connections from any User associated with a business activity competing with Forie;

(f) Content with information containing computer viruses or other wearing devices and information containing code with harmful effects, content that harms any software and hardware, data or personal information;

(g) Provide links containing direct or indirect definitions of services or products prohibited by this Agreement;

(h) Content that will hinder KOBİ A.Ş. and/or its affiliates.

 

9.6 KOBİ A.Ş.; has full authority to remove content that appears on Forie which it believes to be unlawful, hinders KOBI A.Ş., does not comply with the Agreement, or contrary to the opinion of KOBI A.Ş.

 

KOBI A.Ş. has the right to fully cooperate with third parties, private investigators and/or government forces in the event of any suspected crime or in a situation that adversely affects public order. However, if a government agency or law enforcement agency, a damaged third party or any other legal activity requests, KOBİ A.Ş. may disclose User identity information and KOBİ A.Ş is not responsible for the consequences of this. The user agrees that he/she will not blame or take any attitude towards KOBİ A.Ş. for this disclosure.

 

In any connection mentioned above, KOBİ A.Ş. may suspend or cancel any User's Account.

 

In the event that the User performs any of the activities mentioned in this section, the User agrees that he/she will not hold KOBİ A.Ş. responsible for the consequences or any loss.

 

Article 10 - Negotiations between Buyers and Suppliers

 

10.1 KOBİ A.Ş. cannot guarantee or be responsible for the availability of products and/or services displayed on Forie for sale, the availability of suppliers for the completion of a sale, the presence of the purchaser who will buy it, the compliance of all these with the law, safety or quality of products and/or services.

 

10.2 Users are warned about the risks of shopping with users who do improper practices. KOBİ A.Ş. uses a variety of techniques to confirm the accuracy of the information users provide when registering with Forie. However, KOBİ A.Ş. does not and cannot confirm the accuracy of the identity provided by the User.

 

10.3 Each User fully accepts the risks in trading transactions made by using Forie, and fully undertakes the risks of loss or liability that may arise from links related to subsequent activities made using Forie for various products or services.

 

These risks may include misunderstanding of products/services as well as fraudulent designs, unsatisfactory quality, unmet product features, harmful or dangerous products, illegal products, delays in delivery or payment, incorrect cost analysis, failure to meet the guarantee, non-compliance, shipping accidents and other circumstances.

 

These risks also include the risks of damage to production, shipping, distribution, offer, display, purchase, sale and/or products/services displayed or offered on Forie, or may claim violation of Third Party Rights, and this risk may result in defense expenditures for the User or other expenditures linked to claims by third parties for Third Party Rights.

 

These risks may also include accusations by consumers, purchasers, end users, or others of damages or troubles caused by the use of products sold as a result of buying/selling of products provided by Users on Forie.

 

The risks mentioned above shall hereinafter referred to as "Transaction Risks". Each User shall agree that KOBİ A.Ş. will not be held liable for any expense, business loss, disturbance, loss, cost, barrier or damage associated with Transaction Risks or seen as a consequence of these.

 

10.4 Users shall solely be responsible for all of the terms and conditions of all transactions managed as a result of the use of Forie, as well as payment terms, returns, warranty terms, loading, insurance, fees, taxes, titles, licenses, fines, certificates, transportation, shipping and storage without limitations.

 

10.5 If any User is in dispute with any person or firm due to a transaction, this User agrees to release KOBİ A.Ş. (and our agents, partners, managers and employees) from all claims, demands, treatments, costs, expenses and losses (including but not limited to any current, special, incidental or consequential damages) and compensate for its loss.

 

Article 11 – Terms of Use

 

While using the Forie services, the following actions shall be deemed to be clearly contrary to the Agreement:

 

11.1 Listing of products, services and contents in the wrong category,


11.2 Violation of the legislation, infringement of third parties' rights and/or this Agreement or its supplements,


11.3 Sale of counterfeit products or infringement of third party intellectual and/or industrial property rights, such as copyright, trademark,

 

11.4 Lack of contractual capacity (such as being under the age of 18) or use of Forie services even though you are banned from membership, 

 

11.5 Failure to deliver/fulfil the products and/or services or to pay the price of the purchased product and/or service,

 

11.6 Manipulating prices or interfering with other Users' listing,


11.7 Deceptive, misleading, incomplete, false content placement,


11.8 Transfer of the user account or name,

 

11.9 Sending spam, unsolicited or chained emails/messages,


11.10, Distribution, dissemination of viruses or technologies that may harm Forie or Users,


11.11 Trying to damage the Forie infrastructure and system,

 

11.12 Entering Forie for any purpose by robot or automatic login methods,


11.13 Without the written consent of the Users; collecting, storing, using and processing of information such as e-mail, telephone, address or other personal information and sending commercial messages to these Users,


11.14 Re-sale, share, distribution, reproduction, any piece (including but not limited to design, text, image, html code and other codes) of any intellectual and/or industrial property of Forie and making adapted works derived from them.

 

11.15 Identification of words similar to Forie brand and title as user name and/or company name, and identification of user name and/or company name in a way that infringes the rights of third parties, including the brand.

 

11.16 Making any kind of transaction on Forie between your memberships and memberships of other members and/or acquaintances that are not for sale of products and/or services, but only to transfer money, and acting in a manner that will manipulate Forie's functioning.

 

Article 12 – Listing Terms

 

You agree to comply with the following rules when selling products and/or services:

 

12.1 You acknowledge that you are responsible for the currentness, legality and content of the listed products and/or services.

 

12.2 You acknowledge that you will not offer banned products and/or services or products and/or services that are prohibited or will become prohibited in the future in accordance with legal regulations.

 

12.3 In cases where sales of products and/or services to be delivered from abroad will take place, you agree that you will not offer products and/or services that are not allowed to enter the country from abroad or that may become prohibited in the future in accordance with legal regulations.

 

12.4 In order to draw attention to the products offered for sale and to be in the top ranks in the search results; it is forbidden to use words, brand or model names that are not related to the product sold and to provide misleading information.

 

12.5 It is forbidden to provide information in the product detail that is deceiving, misleading, inaccurate, incomplete and disruptive to public health.

 

12.6 While listing the product it is forbidden to use the product images and texts in the product descriptions of Users who sell similar products.

 

12.7 It is forbidden to use banned, abusive and slang words in areas such as product names and descriptions. It is also forbidden to abuse, defame the products of others and taking similar actions.

 

Article 13 –Terms of Sale

 

When you list products and/or services, you agree that you will act in accordance with the following terms as a seller:

 

13.1 You will deliver/fulfil the product and/or service on time and without any defect, in accordance with the qualifications specified on Forie;

 

13.2 In accordance with the law to be applied to the Sales Contract and/or Distance Sales Contract you have signed with the Buyer, you will personally be answerer to all rights and obligations of the buyers arising from the consumer law and you will meet demands of the buyers and compensate their damages and losses;

 

13.3 You will comply with the developments and rules to be made on Forie in accordance with the policies and/or related regulations that Forie will determine.

 

13.4 You are authorized to list and sell products and/or services on Forie, you own the property or the right to offer the products you list;

 

13.5 You are placing and/or selling and/or importing products and/or services in accordance with the legislation, and that there are no obstacles for the publication, offer and sale of these products and services on the Internet, and that they are original, not altered or deteriorated;

 

13.6 You grant to KOBİ A.Ş. an unofficial free license valid during this Agreement; without any limitation on place, content and number at home and abroad, on the right of adaptation, reproduction, distribution, performance and communicating to public by way of broadcasting or re-broadcasting by organizations that broadcast by wire or wireless means such as radio and television, satellite or cable, or by devices enabling the transmission of signs, sounds and/or images including digital transmission; communicating to the public and making it available to third parties through digital media, including the Internet; communicating to the public and making it available to third parties via smart device applications and/or in various ways in mobile devices/media and technologies that are known on the date of this agreement and/or developed after the date of agreement, as foreseen in the Law on Intellectual and Artistic Works and other relevant laws with regard to the content required for the promotion of the products and/or services, including brand, logo, images, technical specifications, price information.

 

13.7 You are authorized to use brands, logos and other content related to products and/or services and to grant the license contained in this Agreement;

 

13.8 The products and/or services have invoice and warranty documents;


13.9 You will act in accordance with the legal regulations in force or to come into force in the future and comply with all applicable legislation especially in relation to tax, customs, export, import, consumer protection, e-commerce, competition, advertising, intellectual and industrial rights;

 

13.10 You may process personal data such as name, surname, address, phone and e-mail of the recipient of the product or service only for the purpose of purchasing transaction, such as delivery of the product or service, and/or invoice issuance, and otherwise you will not process the personal data of the recipient;

 

13.11 In case you violate this Agreement and/or legal regulations, you will be obliged to perform the procedures and take actions to be requested by KOBİ A.Ş. with regard to the transaction or act that is the subject of the violation;

 

13.12 As a seller, in case you have any of the transactions made through the User account on the site to a third-party supplier, you will be accountable to KOBİ A.Ş. together with the supplier for the transactions carried out by your supplier.

 

Article 14 – Terms of Purchase

 

Bidding on a product you do not want to buy in order to sabotage the sales of the seller is called "malicious buying". When it is determined that you have performed similar transactions, your listing and purchasing rights may be restricted and or your membership may be suspended/cancelled.

 

Article 15 – Rights of Forie

 

15.1 KOBİ A.Ş. reserves the right to change, extend, narrow the scope of the systems and/or services it provides or to abolish this application completely.

 

15.2 It is forbidden for the users to carry out transactions that do not have the quality of sale, only to ensure the transfer of money, to behave in a manner that will manipulate the operation of Forie, and to make deceptive, fraudulent, misleading transactions that will harm Forie.

 

As Users, you will be responsible for all direct and indirect damages and losses incurred by KOBI A.Ş., including but not limited to attorneys’ fees and court costs, due to transactions contrary to their commitments in this Article. You also agree and declare that KOBI A.Ş reserves the right to file a criminal complaint with the Chief Public Prosecutor's Office about those who have committed these acts.


15.3 As a user, you acknowledge that KOBİ A.Ş. is not responsible in any legal proceeding or lawsuit against KOBİ A.Ş. in connection with the products and/or services offered for sale or the transactions that you will perform through Forie, and you agree to provide all information and documents necessary to KOBİ A.Ş defence itself as soon as possible.

 

15.4 KOBİ A.Ş. has the right to close, remove and delete the services, products and contents offered on Forie for the access of third parties. KOBİ A.Ş. may exercise this right without any notice and without giving any period. Due to the removal of the said products and/or services from Forie, there will be no indemnification obligation will arise against Users and Companies.

 

15.5 KOBI A.Ş. always has the right to update, delete, open or close to third parties' access and completely or temporarily remove the information that Users and Companies upload to Forie. KOBİ A.Ş may exercise this right without any notice and without giving any period. Due to these transactions in the mentioned information, there will be no indemnification obligation against the Users.

 

15.6 Membership of the seller, who has been determined to offer the prohibited products specified in the agreement and the products prohibited by the relevant legislation for sale and/or does not comply with the terms of the agreement and the rules specified on the site, may be suspended or cancelled.

 

15.7 By being a party to this agreement, you agree that KOBI A.Ş. will be able to monitor, process the content of any communication between the Users through Forie for at least 3 years in accordance with the legal legislation, and deliver them to those concerned when necessary under the legislation.

 

Article 16 - Liabilities

 

16.1 The services and activities on Forie are provided on an "as is" or "as available" basis. KOBİ A.Ş. hereby categorically ignores some or all stated warranties (quality, robustness, performance, precision, reliability, business condition or suitability for a particular purpose, etc.).

 

16.2 KOBI A.Ş. does not warrant or represent the validity, precision, accuracy, reliability, quality, stability, completeness and currency of any information displayed over or on Forie. KOBI A.Ş. does not guarantee whether the production, transportation, distribution, offer, demonstration, purchase, sale or use of the services and products displayed or offered in Forie infringe any third-party rights; and KOBİ A.Ş. does not provide guarantees for any product or service displayed and offered on Forie.

 

16.3 Any material provided or downloaded from Forie is at each User's own initiative and risk. Each User is directly responsible for any loss of data or any damage to the computer system that may result from any downloaded material. There is no guarantee of advice or information, either written or verbal, provided by KOBI A.Ş. or by the User through Forie.

 

16.4 KOBİ A.Ş. cannot be held responsible for direct or indirect corruption, loss or delay of service or content delivered over Forie  due to natural disaster, Internet connection problems with reasons or forces beyond acceptable control, computer-related problems, communication lines or other device problems, powerline problems, strikes, job losses, riots, uprisings, civilian disturbances, material or job shortage, fires, floods, storms, explosions, natural disasters, war, government activities, national or foreign court decisions or insufficient performances of third parties.

 

16.5 Each User; agrees to indemnify, defend and hold KOBİ A.Ş., its affiliates, partnerships, managers, employees harmless from and against all loss, accusations, debts (including legal expenses) that may arise from the use of Forie (including the display of the User's information on Forie), or any breach of the terms or provisions of this Agreement.

 

Each User; agrees to indemnify, defend and hold KOBİ A.Ş., its affiliates, partnerships, managers, employees harmless from and against all loss, accusations, debts (including legal expenses) that may arise from the infringement of any warranties and representations provided to KOBİ A.Ş. by the User including those specified above in Articles 9.3, 9.4, 9.5.

 

Each User; agrees to indemnify, defend and hold KOBİ A.Ş., its affiliates, partnerships, managers, employees harmless from and against all loss, accusations, debts (including legal expenses) that may arise directly or indirectly, as a result of any allegations, claims by the third parties or claimants of Third Party Rights regarding the products displayed and offered on Forie.

 

Each User also agree that the materials sent by others over Forie may contain defamatory, disgusting or illegal features, and the risks of damage that may arise from them belong to the User.

 

KOBİ A.Ş. reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and in such case, you agree to cooperate with our defence of such claim

 

16.6 KOBİ A.Ş. cannot be held responsible for any special, direct, indirect, criminal, accidental or indirect damages or miscellaneous damages (such as loss of profits, loss of business, loss of information), or any damages that may occur as a result of negligence, tort, strict liability or the ones listed below:

 

(a) Insufficient use of Forie;

 

(b) Malfunctions in services, information, data, samples or goods provided or purchased from a third-party service provider or User via Forie;

 

(c) Infringement of Third-Party Rights or claim, possibility of infringement or infringement of Third-Party Rights by the production, shipping, distribution, offer, purchase, sale and/or use of the products and services of the User displayed or offered on Forie;

 

(d) Accusations, demands or compensation claims in connection with the right claims by third-party rights claimants, or accusations made by any person authorized for defense;

 

(e) Unauthorized access by third parties to any User's personal information or data;

 

(f) Problems related to special services.

 

16.7 KOBI A.Ş. is not the seller and/or buyer of any product and/or service added by Users to Forie.

 

Article 17 - Intellectual Property Rights

 

17.1 KOBİ A.Ş. is the legal licensee and sole owner of all rights of Forie and also the sole owner of Forie content. The trade secrets and intellectual property rights of Forie content are protected by international copyright and other laws.

 

17.2 All title, possession, and intellectual property rights on Forie remain with KOBI A.Ş., its affiliates, partnerships or licensor of Forie content. These rights within the scope of this Agreement or protected by KOBİ A.Ş. are owned.

 

17.3 “KOBİ A.Ş.”, “Forie”, “Forie.com”, and affiliated icons and logos are registered trademarks and are service marks of the company under the authority of KOBİ A.Ş. and they are protected by applicable copyright, trademark and proprietary rights laws.

 

17.4 All content created by KOBİ A.Ş. on Forie including but not limited to the design of Forie, the html code and the Forie brand and logo belong to Forie. Users; cannot use, share, distribute, exhibit, duplicate Forie's intellectual property rights or make works derived from them.

 

Article 18 - Notices

 

18.1 All notices and requests made/to be made to Forie or KOBİ A.Ş. shall be effective when written and delivered to KOBİ A.Ş. in the following way: KOBI A.S., Altayçeşme Mh. Zuhal Sk. Niyazibey Business Center No: 22/7 Maltepe / Istanbul / Turkey

 

18.2 In the event that KOBİ A.Ş. posts a notice in a free publicly accessible area, the User shall be deemed to be informed.

 

Right of Termination and Withdrawal

 

19.1 For the registered person in terms of non-payment systems such as free membership; either party may unilaterally terminate this agreement and its annexes. In the event of such a termination, the parties will perform their rights and obligations that were born until the termination date. In the event that KOBI A.Ş. terminates this agreement unilaterally, there will be no obligation of indemnification.

 

19.2 In paid services; during membership period, you do not have the right of withdrawal and cancellation as the service is provided, both under the Distance Sales Regulation and or the Turkish Commercial Code, within the scope of the contracts regarding digital content, services fulfilled with the approval of the member and goods and services whose prices varies depending on the fluctuations in the financial markets and which are not under the control of the seller or provider. However, you have the right to be cancelled from the system records except for the refund.


19.3 KOBI A.Ş. may terminate this Agreement and your membership unilaterally immediately if you violate this Agreement and its annexes. In this case, you agree that you are responsible for all damages and losses that KOBİ A.Ş. suffers or may suffer.

 

Article 20 - General

 

20.1 KOBİ A.Ş. and User are independent persons, and agency, partnership, cooperation, employee-employer or Franchising relationship has not been established. Nothing in this Agreement shall be interpreted as agency, partnership or any other joint venture (Joint Venture etc.) relationship between the parties.

 

20.2 The titles in the Agreement are used for reference purposes only and in no way define, interpret or limit the content or subject of the section.

 

20.3 Neither party will be liable to the other party for any obligation undertaken under this Agreement, due to force majeure or delay. Force majeure is any unpredictable and unavoidable event outside the control of the parties including but not limited to public uprising, war, government restraints and administrative decisions, embargo, the practice of the government or an institution, internet speed and cuts, natural disaster, storm, fires, accident, sabotage, explosion, terrorist attack, shortages of material or consumables, material stenosis, strike and lockout which are considered as force majeure.

 

20.4 KOBİ A.Ş. has the right to transfer the obligations and duties under this Agreement and in any contract related to Paid Services for any individual or institution.

 

20.5 With regard to noncompliance of a User to the provisions of the Agreement hereunder; KOBİ A.Ş.’s failure to assert any right under the provisions of this Agreement shall not constitute a waiver of any such right and no waiver shall be considered a further waiver of such term or any other term.

 

20.6 The User cannot transfer his rights and obligations arising from this Agreement to any third party.

 

20.7 All notices to be made to you shall be made to your e-mail address or physical address specified in the system via electronic announcements or in writing. If you do not report any e-mail or change of address in writing or update it on the site, the notification to your existing e-mail address or physical address shall be considered valid.

 

20.8 While users are subscribing to Forie, they shall determine their preferences regarding whether to be informed by Forie about communication studies about the announcements and campaigns and surveys about Forie to be made by means of telephone, call centres, automatic search machines, e-mail, SMS etc.

 

20.9 Users shall agree, declare and undertake that such communication preferences will be valid also for Forie's mobile applications and mobile site. Users may stop the electronic commercial messages or change their commercial message channels to be sent to them at any time and free of charge via the Settings page after their registration is completed.

 

20.10 By accepting this Agreement, the Users agree that Forie may use information about Users, including but not limited to personal data and transfer them to third parties, in conformity with the regulations under the Privacy Policy.

 

20.11 KOBİ A.Ş. may modify this Agreement at any time by e-mail or Chat Module or by posting updated Articles on the Site.

 

20.12 Policies and rules on the site can be changed from time to time. Changes shall take effect on the date they are posted on Forie.

 

20.13 The parties shall agree that the books and records of the parties, computer records, confirmed fax messages, e-mails will constitute a valid, binding evidence in disputes that may arise from this agreement.

 

20.14 If a court or other competent authority decides that any provision of this Agreement is completely or partially invalid or unenforceable, the validity of the other provisions of this Agreement and the remainder of that provision shall not be affected.

 

20.15 Forie's failure to use any of its rights or use it late shall not mean that Forie waives this right.

 

20.16 Users agree, declare and undertake that Forie is not liable and responsible for controlling the content provided by Users and investigating whether there is an illegal activity or situation related to this content or the goods and services.

 

20.17 As a User, if you add a company to Forie and/or if you are personnel of a company on Forie, you shall declare and warrant that you are authorized to represent and bind the relevant legal entity. Otherwise, you agree to be personally responsible for any debts and liabilities.

 

20.18 In the event of any dispute between the parties that may arise due to the interpretation or application of the provisions of this Agreement, Istanbul Courts and Enforcement Offices shall be authorized.