Terms of service
Effective from December 21, 2020.
OZERTY is a website owned by MOJO FZ LLC. Its headquarters is located at A4-709 Building no. A4, Al Hamra Industrial Zone-FZ, 10055 Ras Al Khaimah, United Arab Emirates. Contact number: +971 42 41 59 44 (Google Maps link: https://goo.gl/maps/qbRcd68nhLx7VLsG6) and is registered under the Ras Al Khaimah Chamber of Commerce and Companies with number 45000044 (hereinafter referred to as “OZERTY”), https://ozerty-turkiye.com is the publisher of the site.
The website hosting provider is Shopify, whose headquarters are located at 150 Elgin Street, 8th Floor, Ottawa, Ontario, K2P 1L4, CANADA.
ARTICLE 1: Definitions
For the convenience of readability, the following terms will always carry the meaning and scope assigned to them in this article.
|
Terms |
Definitions |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
ARTICLE 2: Acceptance of the Terms of Use
The Terms and Conditions regulate the use of the Site and access to the Services provided on the Site. Acceptance of these Terms and Conditions is a prerequisite for using the Service defined herein.
Registration for or subscription to free or paid services means that the User expressly agrees to the Terms and Conditions, having read, understood, and accepted them without reservation.
Acceptance of the Terms and Conditions is completed when the user checks the approval box during registration ("I accept the Terms of Use"), and a hyperlink is provided in the account activation email in a readable manner.
The current Terms and Conditions are always available and can be viewed freely on the Site. OZERTY reserves the right to change the Terms and Conditions at any time, especially due to specific technical, economic, legal, or commercial constraints such as the introduction of new services.
Users will be notified within a reasonable period about any changes to the Terms and Conditions. When appropriate, Users will be informed when they log into the site, and to continue using the services, they will need to accept the new Terms and Conditions.
If not, the User may unsubscribe; this subscription cancellation will take effect once the last order placed by the User before the change in the Terms and Conditions is received.
Any deviation from the Terms and Conditions will be subject to a written agreement signed by OZERTY and the User, explicitly stating the deviation, to be valid and binding on OZERTY.
OZERTY reserves the right to suspend any operation or terminate services immediately to any User, especially if the User violates any of the Terms and Conditions.
Printed versions of these Terms and Conditions and any electronic information sent are accepted as equivalent in legal proceedings concerning the application of these Terms and Conditions, as well as other paper-format written documents.
OZERTY's failure to exercise any right or fulfill any obligation under these Terms and Conditions does not constitute a modification of the agreement, nor a waiver of the future right to exercise such rights or demand compliance with the obligations strictly.
If a User does not accept these Terms and Conditions, they must waive access to the services offered by the site.
ARTICLE 3: Access to the Site
The site is freely accessible to any User with internet access from anywhere. All costs incurred by the User for accessing the service (computer hardware, software, internet connection, etc.) are the User’s responsibility.
Non-registered Users do not have access to dedicated services. To access dedicated services, they must register by completing the form. By accepting to register for dedicated services, the User commits to providing accurate and truthful information regarding their marital status, contact details, especially their email address.
ARTICLE 4: Site Registration
Browsing the Site and acquiring User status is free of charge.
A User Account is created, if necessary, according to the instructions on the OZERTY site, especially by filling out the online form. Only adults over the age of 18 who are not under guardianship may register on the site.
The login details selected by the User must not infringe upon the rights of third parties – particularly their last names or trademark rights – and must not violate public order.
Some data must be entered and provided in order to create the User Account and operate the Service.
Login details are personal to the User, and the User must keep them confidential and not disclose them to third parties or other Users.
OZERTY reserves the right to accept or reject the creation of a User Account after registration.
If OZERTY detects that the User has provided incorrect information or failed to provide additional clarifications that may be requested, the User’s Account may be suspended or permanently deleted.
In general, OZERTY reserves the right to refuse registration from any Internet user with whom it has previously had a dispute or who does not comply with these Terms and Conditions.
On the other hand, during registration, the User acknowledges that OZERTY may send them emails regarding reservation requests, service changes, or informative emails regarding industry activities.
ARTICLE 5: Suspension or Deletion of User Account
The User may request the deactivation of their User Account at any time and for any reason by sending an email to the contact address indicated on the site or by directly performing this process online.
OZERTY commits to deactivate the User’s Account within a maximum of seven (7) days from receiving the request, provided that there are no pending orders and the amounts the User is required to pay are up to date during this period.
OZERTY will delete the User's personal data within the framework of its personal data management policy.
In case the User fails to comply with these Terms and Conditions or engages in fraudulent activities, OZERTY may notify the User of these violations via email and, at the User's request, temporarily suspend the User Account for a certain period.
- If the User violates any provision of the Terms and Conditions or commits a crime;
- If OZERTY determines that a User has not logged in to their User Account for one (1) year, and sends an ineffective reminder email within four (4) weeks;
- If the User has written baseless, defamatory, or negative comments that damage OZERTY's reputation;
ARTICLE 6: User Obligations
By using the OZERTY Website, the User expressly agrees NOT to:
- Make illegal, harmful, threatening, abusive, harassing, unfair, defamatory, obscene, immoral, privacy-infringing, and/or third-party rights-violating submissions or transmissions electronically;
- Impersonate another User; Internet users acknowledge and accept the limitations of the Internet network and cannot hold the Publisher responsible for any network failure that interferes with the proper functioning and/or functionality of any of the provided Services;
- Not adapt, modify, translate, transcribe, edit, compile, decompile, assemble, disassemble, recode, or reverse-engineer any part of the Website, Services, and/or Content;
- Not reproduce the entire or partial Website, Services, and/or Content in any form, method, or by any medium, permanent or temporary;
- Use software or processes to copy Content without OZERTY's prior written consent.
- Not export the Website or combine the entire Website or any part of it with other computer programs without OZERTY's prior written consent;
- Make short quotations, analyses, and reproductions for press releases and other legally authorized uses by acknowledging authors' names and publication sources, in accordance with the law;
- Use software or devices that could interfere with the proper operation of the Website or create an unreasonable load on OZERTY's infrastructure;
- Without OZERTY's prior written consent, extract or reuse a significant part or the entirety of the contents of databases and archives created by the Site for special purposes;
ARTICLE 7: Intellectual Property
The entire Website is protected by Turkish and international intellectual property laws. All reproduction and representation rights are reserved, including downloadable documents. All texts, graphics, icons, photos, maps, logos, videos, sounds, trademarks, and generally all components constituting the Site, according to the 2014 Intellectual Property Law, may not be represented, reproduced, used, or extracted in any medium, in part or in whole, without the prior written consent of OZERTY. Non-compliance with this prohibition constitutes a fraudulent act that may result in civil and/or criminal liability. OZERTY reserves the right to initiate legal action against anyone violating this prohibition. No provision in these Terms and Conditions shall be interpreted as granting a transfer, assignment, sale, license, loan, rental, or operating authority on the Website, its content, and/or Services for the benefit of the User, directly or indirectly.
ARTICLE 8: Warranty Limits
The Website is provided "as is" and "as available," with no warranties of any kind. The User acknowledges and accepts the limitations and features of the Internet network, especially with regard to the functional properties and technical performance of the Internet network, issues related to connections and/or access to websites, problems with the availability and congestion of the network, network failure or saturation, data access, viewing, querying, or any other form of transmission times, interruption risks, unprotected data against misuse or hacking, and risks of viruses circulating through these networks. In these cases, OZERTY cannot be held liable:
for data transmission errors, loss, delay, or errors beyond its control;
for messages and/or data sent to incorrect, faulty, or incomplete addresses;
for data failing to reach the User or being unreadable or unprocessable;
for any reason that the User cannot access or use the Site and/or Services;
for any disconnection issues.
The User is responsible for protecting their technical equipment, such as other Internet users or mobile phone owners, especially against viruses and/or attacks. OZERTY cannot be held responsible in these cases. In this context, the User must take all necessary precautions to protect their data and/or software stored on their own equipment (phone, computer) from any attacks (malfunctions, viruses, hacking, limited list).
The User is solely responsible for setting up, operating, and maintaining the technical equipment required to use the Site. Under no circumstances can OZERTY be held responsible if the Site is incompatible with the User’s specific equipment or lacks any functionality.
The User is fully responsible for using the Site and cannot hold OZERTY liable for any complaints and/or proceedings related to personal use. The User commits to assume personal responsibility for any complaints and/or proceedings filed against OZERTY regarding personal use.
Hyperlinks may redirect to other websites or social networks. OZERTY is not responsible for the content of these other websites or social networks if they violate third-party rights or any applicable legal or regulatory provisions.
Information provided on the Website is for informational purposes only, is not binding, and does not create liability for OZERTY. This information may change or be updated without prior notice.
OZERTY also reserves the right to make improvements and/or changes to the Website at any time without prior notice. OZERTY cannot be held responsible for any deficiencies or errors on the Website.
The version of the Website may be updated from time to time to add new content and/or new services without prior notice.
OZERTY cannot be held responsible for any direct or indirect damages arising from the use or inability to use the Site.
ARTICLE 9: Force Majeure
OZERTY cannot be held liable in the event of force majeure, as defined by the law and legal precedents.
Force majeure events are those that are beyond OZERTY's control and cannot reasonably be anticipated. If these events make it more difficult or expensive to fulfill its obligations, they will be considered force majeure.
This applies, but is not limited to, situations such as interruptions in transportation or communication channels, government actions, changes in the regulations applied to these Terms and Conditions, and events that prevent OZERTY, the Site, Services, its suppliers, or contractors from functioning properly (e.g., strikes, lockouts, full or partial work stoppages, accidents, fires, floods, disruptions in online communication services, etc.).
ARTICLE 10: Cookies
The User is informed that a cookie may be automatically placed in their browser during visits to the site.
Cookies are small files temporarily stored by the browser on the User’s computer's hard disk and are necessary for the use of the OZERTY site. Cookies do not contain personal information and cannot be used to identify anyone. A cookie contains a randomly generated and thus anonymous unique identifier. Some cookies expire at the end of the User's visit, while others may continue to be stored.
Information contained in cookies is used to improve the OZERTY website.
By browsing the site, the User accepts these cookies.
The User can disable these cookies through the settings in their browser software.
ARTICLE 11: Proof of Agreement
By accepting SMS marketing during payment at OZERTY and making a purchase through our subscription tools, or subscribing, you agree to receive recurring text notifications (related to your order, including reminders), SMS marketing offers, and transaction text messages, including requests for evaluations. This applies even if your mobile phone number is registered on state or federal "do not call" lists. The frequency of messages may vary. Consent is not a condition of purchase.
If you do not wish to receive SMS marketing messages and notifications, you can reply with "STOP" to any mobile message we send or use the unsubscribe link provided in our messages. You understand and agree that attempts to unsubscribe using different words or requests will not be considered a reasonable method. We do not charge for the service, but all fees and costs associated with text messages imposed by your mobile service provider are your responsibility. Message and data rates may apply.
If you have any questions, please send "HELP" to the number we send messages from. You can also contact us using the form on our Contact page.
We reserve the right to change any phone number or short code used to operate the service at any time. When we do so, you will be notified. You accept that any message sent to the changed number or short code, including requests to stop (STOP) or help (HELP), may not be received and we are not obligated to fulfill such requests.
To the extent permitted by applicable law, you accept that OZERTY is not responsible for the failure, delay, or incorrect delivery of any information sent via the service, or any actions you may or may not take based on that information or service.
Your privacy rights are important to us. To learn how we collect and use your personal information, please read our privacy policy.
ARTICLE 12: Proof of Agreement
By taking actions that show acceptance of these documents and other elements applicable within the service framework, specifically by checking the relevant boxes on the site, the User expresses their consent to these elements, which is equivalent to a handwritten signature under the Turkish Electronic Signature Regulation of 2016 and is considered as the conclusion of an electronic contract.
Under the Turkish Public Services Contract Regulation of 2016, the User acknowledges that the time-stamped elements, representing their approval of Site procedures (e.g., by checking relevant boxes), and the information exchanged with OZERTY within the service, will be accepted as evidence in court, whether tangible or expressed in any form.
ARTICLE 13: Severability
If any provision of these Terms and Conditions is found to be invalid or declared so by a law, regulatory application, or a final decision of a competent court, the remaining provisions will remain in full force and effect. In this case, OZERTY commits to immediately remove the provision in question and replace it with a similar and legally valid provision.
ARTICLE 14: Governing Law
These Terms and Conditions are governed by Turkish law.
Any complaints must be sent within fourteen (14) days from the performance or planned performance date of the service subscribed by the User to the following address:
destek@ozerty-turkiye.com
If a friendly solution is not found between the parties, Turkish courts will have jurisdiction over the dispute.
Contact us:
Monday - Friday, 09:00 - 18:00
Tel: 0(312) 213 41-47
Email: destek@ozerty-turkiye.com