Terms of Use
Updated on: 5 November 2024
1. PARTIES
This Terms of Use Agreement (“Agreement”) is entered into between İdesse Danışmanlık Yazılım Üretim Sanayi ve Ticaret Limited Şirketi (“Idesse”), located at Yıldız Posta Cad. Akın Sitesi B Blok No. 8/34, Şişli, and the User. In this Agreement, Idesse and the User are individually referred to as a “Party” and collectively as the “Parties”.
By accessing the Site, regardless of whether they use any services, the User acknowledges, declares, and undertakes that they have read and fully understood all the terms and conditions set forth in this Agreement, and that they electronically accept all provisions. This Agreement has been established to set forth the terms and conditions that must be followed while using the Site and to regulate matters not covered in other documents prepared for Users regarding the use of the Site.
2. SUBJECT AND PURPOSE
The subject of this Agreement is to define the terms and conditions for the use of the Site. Contracts related to Idesse’s products, services, and solutions, which will be concluded between Idesse and its users, are separate and independent from this document. This Agreement does not regulate the details of such services.
The Privacy Policy and Personal Data Disclosure Statement available on the Site, as well as any other agreements, policies, and rules present on the Site that the User has approved, constitute an annex to this Agreement and are an integral part of it.
By using the Site, Users acknowledge that they have fully understood this Agreement and its annexes and have approved all provisions. Users who do not accept this Agreement should not use the Site. In this Agreement:
• Privacy Policy and Personal Data Disclosure Statement: Refers to the document available on the Site that details how and for what purposes Users' data is processed, as well as the applicable privacy policies.
• User(s): Refers to individuals who access the Site, browse any section of the Site, or perform any action on the Site.
• Site: Refers to the website owned by Idesse, accessible at https://idesse.com.tr/
3. SITE CONDITIONS
3.1. The User acknowledges, declares, and undertakes that while using the Site and performing any actions on it, they will comply with all terms set forth in this Agreement and any other agreements concluded or to be concluded with Idesse, follow the rules specified in the relevant sections of the Site, act in accordance with all applicable laws and regulations, and refrain from engaging in any unlawful activities.
3.2. Users are solely responsible for the security, storage, confidentiality, and restricted access of their access credentials to the Site and systems. Any losses, damages, or claims from third parties arising from non-compliance with these obligations shall be borne by the User. The User is also fully liable for any negligence or misconduct related to these obligations, including any damages suffered or that may be suffered by other Users and/or third parties. Idesse shall bear no direct or indirect liability for such damages. However, Idesse reserves the right to seek recourse against the User for any resulting losses.
3.3. Individual Users declare, acknowledge, and undertake that they are of legal age and not restricted under the laws of the Republic of Turkey. Corporate Users declare, acknowledge, and undertake that they are duly incorporated, legally operating, and have the right and authority to enter into this Agreement. Idesse bears no responsibility for any claims or transactions to the contrary. Additionally, Idesse shall not be held liable for any misrepresentations made by the User.
3.4. The User declares, acknowledges, and undertakes that any data, information, or content they provide through the Site legally belongs to them or they are legally authorized to use and manage it, does not infringe any copyrights, the Personal Data Protection Law, or any applicable laws, does not cause harm to any individual or entity.
3.5. Users acknowledge, declare, and undertake that they will not engage in any of the unlawful or unethical activities listed below while using the Site, including but not limited to:
• Violating this Agreement or any other agreements concluded through the Site,
• Acting contrary to applicable laws and regulations related to internet usage,
• Illegally altering, using, or attempting to alter/use any information published by Idesse,
• Infringing on the personality rights or intellectual property rights of Idesse and/or any third party,
• Engaging in actions that damage the reputation of Idesse or hinder its operations,
• Disrupting, blocking, or interfering with the operation of the Site, manipulating its functionality, or compromising security systems,
• Developing automated programs to make the Site inoperable or attempting to do so.
If the User violates this clause, Idesse reserves the right to:
• Temporarily or permanently suspend the User's access to the Site,
• Seek recourse against the User for damages arising from the illegal activity.
3.6. There may be interruptions in communication between the Site and the User due to technical issues such as infrastructure and/or hardware-related reasons, errors, omissions, disruptions, deletions, damage, delays in transmission, or communication network failures, which do not arise from Idesse. Idesse cannot be held responsible for any problems the User experiences due to such interruptions in communication or access to the Site.
3.7. Idesse may limit or suspend access to the Site at any time without prior notice to maintain network operational security, ensure network continuity, prevent or remedy potential malfunctions in the network, software, or stored files, mitigate possible disruptions, or in other circumstances it deems necessary.
3.8. The User may not access Idesse services and the Site by any method or tool other than those prescribed by Idesse. The User is not permitted to access any files or services for which they do not have explicit authorization. Accessing a page or information system due to a technical error does not grant the User the right to use that page. In such an instance, the User is required to immediately cease accessing that page.
3.9. The User acknowledges, declares, and undertakes that they will not reproduce, copy, disseminate, distribute, transfer, or process any images, text, visual or audio content, files, writings, statistics, notices, information, databases, catalogs, or lists found on the Site in any manner that would infringe upon Idesse’s tangible or personal rights, intellectual property rights, proprietary rights, or any right pertaining to goods or services that may be subject to intellectual property.
4. PRIVACY AND PERSONAL DATA PROTECTION
4.1. Idesse agrees to fulfill its obligations arising from the Law No. 6698 on the Protection of Personal Data (KVKK) and the relevant legislation regarding the data processed during the User's access to the Site, in accordance with its Privacy Policy and Personal Data Disclosure Statement found on the Site.
The User is responsible for regularly reviewing the Site and its Privacy Policy and Personal Data Disclosure Statement for any updates. Accordingly, Users’ information may be processed within the scope and limits described in these documents.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. All kinds of software, designs, source code, object code, directories, visuals, or content on the Site are the exclusive property of Idesse. Idesse is also the sole owner of all intellectual property rights related to the products and/or services, projects, documents, visuals, texts, bulletins, slogans, videos, designs, know-how and all types of commercial information, illustrations, databases, any data pertaining to system flow, logos, emblems, and data or ideas, as well as commercial trademarks and trade dress belonging to Idesse and/or its business partners, flows, source codes, research, codes, techniques, statistics, and the financial and moral rights associated with them, which are used on or in connection with the Site. Idesse exclusively holds all rights arising from the relevant legislation with respect to this content.
5.2. The User may not use the Site for any commercial activities other than those specified in this Agreement, nor for any purposes beyond what is set forth herein. The User may not distribute, reproduce, copy, process, lend, permit others to use, or provide a subscription service for the Site, or engage in any other activities that are not addressed in this Agreement, nor may the User allow third parties to do so. The User may not engage in any actions that constitute infringement of Idesse’s and/or the Site’s intellectual or industrial property rights, such as attempting to access the source code, making copies, reverse-engineering, or accessing pre-release versions of the Site, nor may the User permit any third party to do so.
5.3. The User is responsible for conducting all transactions on the Site in a manner that does not cause any technical harm. The User declares and undertakes that they have taken all necessary precautions, including the use of protective software and licensed products, to ensure that any information, content, material, or other data they provide to the Site does not contain any programs, viruses, software, or unlicensed products that could potentially damage the system.
6. OTHER PROVISIONS
6.1. This Agreement comes into effect as soon as the User accesses the Site.
6.2. Idesse may, at its sole discretion, unilaterally amend this Agreement and its annexes at any time by publishing such amendments on the Site. These amendments become effective as of the date of publication. The User is responsible for following these changes and updates; by continuing to use the Site after they are published, the User is deemed to have accepted them.
6.3. In the context of this Agreement, force majeure will be interpreted as events that occur beyond Idesse’s control, could not be prevented despite Idesse’s due diligence, and were unforeseeable, including but not limited to natural disasters, riots, wars, strikes, epidemics, cyberattacks, internet interruptions, computer viruses, and attacks on the Site despite Idesse taking necessary information security measures. In the event of a force majeure, Idesse cannot be held liable for any late or incomplete performance or non-performance of the obligations established under this Agreement. If the force majeure situation continues for more than one month, Idesse may unilaterally terminate this Agreement without any obligation to pay compensation.
6.4. This Agreement is governed by the laws of the Republic of Turkey, and Istanbul Courts and Enforcement Offices shall have jurisdiction over any disputes arising from this Agreement.
