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Term of Use

Term of Use

Welcome to the website for MATIHCO ("MATIHCO" or "us") at www.matih-co.com (this "website"). Please read the following Terms of Use (these "Terms of Use") carefully before using this website. By using this website or any sub-site accessible on this website, the user ("user" or "you") accepts, without limitation or qualification, these Terms of Use and any additional Terms of Use set out in any sub-site. If you do not agree to these Terms of Use, you should immediately exit this website.

 

Ownership and Operation

This website is operated by MATIHCO.

 

Use of the Site

2.1 Subject to these Terms of Use, MATIHCO hereby grants you a limited, revocable, non-transferable and non-exclusive licence to access and use this website by displaying it on your internet browser only for the purpose of viewing its contents for personal reference, research and educational purposes only and not for any commercial use (including the sale of any contents of the website) or use on behalf of any third party. Any breach of these Terms of Use shall result in the immediate revocation of the licence granted in this clause ?2.1 without notice to you.

2.2 Except as permitted in clause ?2.1 you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit, this website or any portion thereof unless expressly permitted by MATIHCO in writing. MATIHCO reserves the right to refuse service at its discretion, including, without limitation, if MATIHCO believes that your conduct violates applicable laws or is harmful to MATIHCO interests.

2.3 You agree that you shall use our website only in a way which is consistent with these Terms of Use and which complies with applicable laws. In particular, you agree that you shall not use this website to upload, distribute or otherwise publish through this website any content, information or material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Turkey law or international law; or (c) contains software viruses or other codes, files or programmes designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt this website, including, without limitation, any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

 

Documentation

3.1 The electronic versions of MATIHCO documents published on the website are for personal reference, research, information and/or educational purposes only. The definitive version of any MATIHCO document is the original printed version held by MATIHCO. If the document has been signed by an authorised person, the definitive version is the original printed and signed version held by MATIHCO. In the case of any difference between documents, the version so held by the MATIHCO shall take precedence over any other version.

3.2 Information contained in this website may have been published in English, Turkish and in Arabic versions. Where there are any differences between the three language versions, the definitive version shall be the language version in which the information was originally issued by the relevant authority.

 

Intellectual Property Rights

4.1 All content on this website, including, without limitation, website design, text, graphics, audio clips, visual clips, logos, button icons, information contained in hyperlinked files and the selection and arrangement thereof, is the property of MATIHCO or its content suppliers and is protected by international copyright laws.

4.2 This website is © 2010, and any software used therein, is the property of MATIHCO, is protected by international copyright laws and all rights are reserved. Use of materials on this website, including, without limitation, reproduction, modification, distribution, transmission, broadcasting, republication, downloading or uploading, without the prior written permission of MATIHCO, is strictly prohibited.

4.3 "MATIHCO", all derivatives thereof and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of MATIHCO ("MATIHCO Trademarks"). All other trademarks, product names and company names or logos cited herein are the property of their respective owners ("Third Party Trademarks"). You are not permitted to use the MATIHCO Trademarks (except as specified in the Terms of Use) or Third Party Trademarks without the prior written consent of MATIHCO or such third parties, as applicable.

4.4 For further information on intellectual property matters, please contact our Legal Department at the following address: MATIHCO, Bahçelievler Mah. Adnan Kahveci Bul. Manolya Apt. No: 107 D: 13 3rd Floor, Bahçelievler, Istanbul / Turkey.

 

Notification of Copyright Infringement

5.1 MATIHCO shall, in appropriate circumstances, terminate the access of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide our Legal Department with a notice ("Notice") containing the following elements: (a) a physical or electronic signature of the person authorised to act on behalf of the owner of the copyright interest that is alleged to have been infringed; (b) a description of the copyrighted work or works that you claim have been infringed and which you request to be removed from this website; (c) a description of the location of the material that you claim is being infringed; (d) information sufficient to permit MATIHCO to contact you, such as your physical address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (f) a statement by you that the information in your Notice is accurate and that you are the copyright owner or are authorised to act on the copyright owner's behalf.

5.2 You can notify MATIHCO of any claims of copyright infringement at the following address: MATIHCO, Bahçelievler Mah. Adnan Kahveci Bul. Manolya Apt. No: 107 D: 13 3rd Floor, Bahçelievler, Istanbul / Turkey.

 

Links

MATIHCO may provide links to websites owned by MATIHCO and associated companies from time to time and/or websites that are owned by third parties that are not connected with MATIHCO. All links are provided for your convenience only. They do not signify that we endorse such website(s). We have no responsibility for the content of the linked website(s). Accessing websites owned by third parties is at your own risk, and MATIHCO shall not have any responsibility or liability to you with respect to such third party websites. It is your responsibility to take precautionary steps to ensure that information accessed at or downloaded from such sites is free of viruses, worms, or other potentially destructive software programmes.

 

Availability

7.1 MATIHCO shall use all reasonable endeavours to ensure that this website is fully operational at all times. However, we cannot guarantee that this website shall be fault-free. In particular, website access may be interrupted or restricted to allow for emergency or routine repairs or maintenance to be carried out or the introduction of new facilities or services.

7.2 Further, by using this website and any sub-site, you acknowledge and agree that the Internet uses elements and relies upon services, input and facilities that are not within the control of MATIHCO and if MATIHCO is totally or partially prevented or delayed in the performance of any of its obligations in providing a particular service, such a situation shall constitute a "force majeure event" and MATIHCO shall be excused from performance for so long as such a situation endures.

7.3 For the purposes of these Terms of Use, the term "force majeure event" shall be deemed to include, without limitation, any cause affecting the performance by MATIHCO of its obligations arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of MATIHCO and in particular, without limitation, shall include any strike, lock-out and other industrial action, actual or threatened terrorist action, civil commotion, riot, crowd disorder, invasion, war, threat or preparation for war, publicly-declared period of mourning, fire, technical or power failure, software, hardware or telecommunication or other network failure, interruption, disruption or malfunction, explosion, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural or physical disaster, and any legislation, regulation, rule or ruling of government, court or any competent authority.

 

Alterations

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, completeness or suitability of the information and materials found on this website for any particular purpose.

 

Complaints and Comments

If you have any complaints or comments about our website or any of the products supplied to you, please contact MATIHCO through the "Contact Us" section on this website, which is available at http://www.matih-co.com . Alternatively, you can call us Sunday-Thursday between 9 a.m. and 6 p.m. (Turkey) at the following number: +90 (212) 441 50 85. Or, you can mail us at MATIHCO, Bahçelievler Mah. Adnan Kahveci Bul. Manolya Apt. No: 107 D: 13 3rd Floor, Bahçelievler, Istanbul / Turkey., or e-mail us at info@matih-co.com

 

E-Mail Service

In situations where MATIHCO gives you the option to subscribe to an e-mail service, which shall update you with news or information which it considers to be of interest to you, your use of the content received through the e-mail service shall be subject to these Terms of Use.

 

Privacy

We treat your privacy very seriously. Our Privacy Policy provides details about the type of information we may collect from you and details of how we may use this information. We ask you to read our Privacy Policy before using this website.

 

End of Use

MATIHCO reserves its right to restrict, suspend or terminate your use of this website or any of our services at any time if we believe, at our absolute and sole discretion, that you have breached these Terms of Use.

 

Termination and Effect of Termination

In addition to any other legal or equitable remedies, MATIHCO may, without prior notice to you, immediately terminate these Terms of Use or revoke any or all of your rights granted under these Terms of Use. Upon any termination of these Terms of Use, you shall immediately cease all access to and use of this website and MATIHCO shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and identification issued to you and deny your access to and use of this website in whole or in part. Any termination of these Terms of Use shall not affect the respective rights and obligations (including, without limitation, payment obligations) of the parties arising before the date of termination.

 

Indemnification; Limitation of Liability

14.1 You agree to indemnify, defend and hold MATIHCO and any of its directors, officers, employees, personnel, staff, information providers, licensors, licensees and partners (collectively, the " MATIHCO Group") harmless from and against any costs (including, without limitation, attorneys' fees and other legal costs and expenses), fees, expenses (including lost profits), liabilities, losses, damages, suits, causes of action, claims or any other proceedings whatsoever, incurred by MATIHCO in connection with any claim arising out of any breach by you of these Terms of Use.

14.2 You shall fully cooperate as required by MATIHCO in defence of any claim. MATIHCO reserves the right, at its own expense, to assume the exclusive defence and control of any matter, and you shall not, in any event, settle any matter without the written consent of MATIHCO.

14.3 To the fullest extent permitted by applicable law, the MATIHCO Group shall not be liable for any loss or damage arising out of or in connection with the use of, or inability to use, the materials in and/or facilities or services offered through this website, including, without limitation, indirect, incidental, punitive, exemplary, special or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property, business, depletion of goodwill and claims of third parties, even if MATIHCO has been advised of the possibility and/or reasonable foreseeability of such loss or damage. If this clause 14.3. is unenforceable in whole or in part in any jurisdiction due to relevant laws, then, in no event, shall the MATIHCO Group's total liability to you for all damages, losses, and claims (whether in contract, tort (including, without limitation, negligence or breach of statutory duty), misrepresentation, restitution or otherwise) exceed the amount paid by you, if any, for accessing this website.

 

Amending These Terms of Use

MATIHCO may add, change, discontinue, remove or suspend any other content displayed on this website, including these Terms of Use, at its absolute and sole discretion, temporarily or permanently, at any time, without notice and without liability. By continuing to use this website after such changes, you are indicating your acceptance of such changes.

 

Assignment

These Terms of Use, and any rights and licences granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated and sublicensed by MATIHCO without any restriction.

 

Disclaimer

17.1 This website IS provided by MATIHCO on an "as is" basis. MATIHCO makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, OR materials included on this website. To the fullEST extent permissible by applicable law, MATIHCO disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose, non-infringement, title, quiet enjoyment, date accuracy and system integration. MATIHCO does not represent or warrant that the information and/or facilities accessible via this website are accurate, complete or current, or that this website SHALL be free of defects, including, without limitation, viruses or other harmful elements. This website may include inaccuracies, mistakes or typographical errors. YOU assume all costs arising as a result of the use of this website ON AN "AS IS" BASIS. MATIHCO does not represent or warrant that THE materials on this website are appropriate or available for use in locations OUTSIDE TURKEY, and accessing them from territories where THIS WEBSITE'S contents are illegal OR OTHERWISE prohibited. Customers who access this website from locations outside the TURKEY do so at their own risk and on their own initiative, and they are responsible for compliance with local laws to the extent that any local laws are applicable.

 

Governing Law; Dispute Resolution

18.1 These Terms of Use shall be governed by and construed, performed and enforced in all respects in accordance with the laws of TURKEY, and the federal laws of TURKEY, without giving effect to the principles of conflicts of laws or choice of law provisions thereof. The courts of TURKEY shall be the courts of exclusive competent jurisdiction.

 

Miscellaneous

19.1 The Terms of Use, together with our Privacy Policy, contain the full and complete understanding between you and MATIHCO and supersede all previous arrangements, understandings, representations or agreements between you and MATIHCO with respect to the subject matter hereof. No advice or information, whether oral or written, obtained by you through or from this website or from any conversations with our staff shall vary these Terms of Use.

19.2 These Terms of Use, together with our Privacy Policy and all contracts made under them shall, inure for the benefit of any successors and assignees of MATIHCO.

19.3 If, at any time, any part of these Terms of Use is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed omitted from these Terms of Use, and the validity and/or enforceability of the remaining provisions of these Terms of Use shall not, in any way, be affected or impaired as a result of that omission.