Terms of Use
Last updated: 18 July 2022
1. General
1.1
Tenflex Teknoloji Çözümleri Anonim Şirketi ("Tenflex"), a company duly incorporated under the laws of the Republic of Türkiye and headquartered at Yeniköy Merkez Mah. Vatan Cad. Teknopark No: 83 İç Kapı No: B39, Başiskele/Kocaeli, offers its products and services through the website located at www.tenflex.net (the "Website"), the software and technology of which are owned by Tenflex.
1.2
This User Agreement (the "Agreement") is entered into between Tenflex and the visitors to or users of the Website (the "User") and shall be deemed accepted upon the User's use of the Website. If the terms of the Agreement are not suitable for the User, the Website and the services offered through it must not be used.
1.3
In this Agreement, Tenflex and the User shall each be referred to individually as a "Party" and collectively as the "Parties".
2. User Information
2.1
Users who register for the limited purpose of logging in to the Website and accessing the information contained on the Website shall be assigned a specific username and password. The User acknowledges and undertakes to keep the username and password confidential, not to share them with any third party, to be liable for all losses arising out of any misuse of such password or its theft/loss, and to notify Tenflex Customer Services immediately in the event of a breach of this clause and/or any misuse, theft or loss of the username and password.
2.2
The User acknowledges and undertakes that it is fully authorized to act on its own behalf under this Agreement and/or in the course of performance hereof, that each transaction carried out shall be binding upon it, that it shall be responsible for all transactions and conduct, that it irrevocably waives in advance any objection that any transaction carried out through the use of its password was not performed by it, and that Tenflex has no obligation to investigate the identities of persons transacting by using the password.
3. Establishment of the Membership Relationship
3.1
A User wishing to become a member of the Website as a Customer or Supplier must, as applicable, execute the relevant Supplier Membership Agreement and/or Customer Agreement.
4. User Comments and Communications
4.1
Tenflex shall not be involved in communications between Users and shall not assume any role in any dispute that may arise. However, Tenflex may share statements contained in comments with third parties in any matter related to Tenflex's field of activity or where required by law, provided that the processing conditions set forth under the Law on the Protection of Personal Data No. 6698 ("KVKK") are satisfied. At its sole discretion, Tenflex reserves the right, without stating any reason, to edit or remove feedback and/or comments posted by Users where the content thereof is contrary to public morality, disparaging in nature, contains certain private personal information, violates the KVKK or any other applicable legislation and/or breaches Tenflex's corporate policies.
4.2
The User acknowledges, represents and undertakes that it shall be solely and exclusively responsible for the content of any comments it posts and, if Tenflex suffers any damage as a result of such comments, it shall compensate Tenflex for all such damages in cash, in full and in a lump sum, upon first demand.
4.3
After reviewing any complaint or comment submitted to it, Tenflex reserves the right to take, unilaterally and at its sole discretion, any action it deems necessary, including warning Users, permanently removing them from the Website or suspending their memberships. The User may not assert any claim, receivable, set-off or demand for compensation for damages on this basis.
5. Updates and Location Services
5.1
In order to use the Website, the User must follow the updates relating to the Website accessed through the computer, mobile phone and/or tablet used by the User or to the browser through which the User accesses the Website. Tenflex shall not be liable for any disruptions arising from the failure to download innovations and updates relating to the Website and browsers.
5.2
Through the Website, the User's geographical location data shall be transmitted to Tenflex via the User's computer, mobile phone and/or tablet. In this context, the User's personal data, including its geographical location, may be monitored by Tenflex through the Website and, to the extent necessary, may be shared with relevant third parties, particularly other users.
6. Website Content
6.1
Tenflex does not warrant that the Website will be error-free, uninterrupted or secure, or that the use of the Website or any content, search or link on the Website will produce any particular result. Tenflex cannot guarantee that any file downloaded through the Website will be free from viruses or similar destructive features.
6.2
The relevant Users shall be responsible for any comments, opinions, recommendations, statements and similar information or content published by Users on the Website. Tenflex does not guarantee the accuracy, reliability or completeness of the information accessed through the Website.
6.3
The Website may contain links or references to other websites or applications that are not under Tenflex's control. Tenflex shall not be responsible for the content of such websites and applications or for any other links provided thereon.
7. Access to the Website
7.1
For the purpose of protecting the security and integrity of the Website, Tenflex may, at any time and at its sole discretion, block certain Users or IP addresses from accessing the Website.
7.2
At all times and at its sole discretion, including, in particular, in the event of a breach of the provisions of this Agreement, Tenflex shall be entitled, without giving any reason, to prevent the User from using the Website and/or to deactivate or suspend the User's username and password.
8. Intellectual Property Rights
8.1
All intellectual property rights relating to the Website, including, but not limited to, its design, text, images, HTML code and other codes (the "Intellectual Property"), belong to Tenflex. The User may not use any information belonging to Tenflex or Tenflex's Intellectual Property relating to the Website or the services offered through the Website for commercial purposes. Without Tenflex's prior consent, the User may not reproduce or distribute Tenflex's Intellectual Property, create or prepare derivative works or engage in reverse engineering activities based thereon, and may not list or index any information contained in the Tenflex application. All rights of Tenflex in and to its Intellectual Property, Tenflex trademarks, commercial information and know-how are reserved.
8.2
No provision of this Agreement shall result in the transfer of any intellectual and/or industrial property right owned by Tenflex; all existing and future rights related to the Website and the services offered through the Website, before, during and/or after the term of the Agreement, belong to Tenflex. In this context, the User agrees that it shall not, under any circumstances, use, register or claim any rights over the images, texts, visual and audio materials, video clips, files, databases, catalogues and lists contained on the Website, the software, trademarks, names/trade names, symbols, logos and signs owned or used by Tenflex, or Tenflex's other intellectual and industrial property rights, or any similar signs that may create confusion and/or unfair competition therewith.
8.3
Tenflex holds the intellectual property rights to all data generated through the use of the Website. Without disclosing the User's personal data, Tenflex may prepare reports containing statistical information in anonymized form, use such information or reports itself, or share such information and reports with its business partners and third parties.
9. Privacy and Processing of Personal Data
9.1
Tenflex processes the User's personal data in accordance with the KVKK in the manner set out in Tenflex's "Clarification Text on the Processing of Personal Data".
9.2
Tenflex may contact the User by SMS, email or any other means in order to verify User information.
9.3
The User acknowledges that the information and content it has shared through the Website may be indexed by various search engines and displayed by third parties on the search results screens of such search engines.
10. Severability
10.1
If any provision of this Agreement becomes invalid or unenforceable, the remaining provisions of this Agreement shall not be affected thereby, and each provision remaining in force shall remain valid and enforceable to the fullest extent possible. In the event of partial invalidity, the Parties agree to replace the invalid or unenforceable provision with a valid and enforceable provision that best preserves the interests intended to be protected by the Parties under this Agreement.
11. Relationship Between the Users and Tenflex
11.1
The Parties acknowledge and declare that no provision of this Agreement creates any partnership, agency, employer-employee, consultancy, commission or similar relationship between the Parties, and that the Parties are independent legal entities or natural persons from one another.
12. Amendments
12.1
Tenflex may, at its sole discretion and unilaterally, amend this Agreement at any time by publishing the amended text on the Website. Any such amendments shall enter into force directly on the date they are published on the Website, without the need for any further notice and/or acceptance. If the User does not wish to be bound by the amended version of the Agreement, the User must refrain from using the Website.
13. Waiver and Exercise of Rights
13.1
The failure by Tenflex to exercise, or any delay in exercising, any right or privilege arising out of this Agreement shall not be construed as a waiver of such right or privilege by Tenflex.
14. Entry into Force
14.1
This Agreement shall enter into force upon the User's use of the www.tenflex.net Website.
15. Governing Law and Jurisdiction
15.1
This Agreement has been executed in accordance with Turkish law, shall be governed by Turkish law and shall be interpreted in accordance with Turkish law.
15.2
The Istanbul Courts and Enforcement Offices shall have exclusive jurisdiction over the resolution of any disputes arising out of or in connection with this Agreement.