1. Parties
This Website User Agreement ("User Agreement") is concluded between Hipicon Technology and E-Commerce Inc. and the User who enters the Website and/or becomes a member, as the User approves the use of the Website at the moment of approval by the User in the electronic environment where the Website is located. The User, by entering the Website and/or becoming a member, declares and undertakes that he/she has read the entire User Agreement, fully understood its content, and approved all its provisions.
2. Definitions
Hipicon Technology and E-Commerce Inc.
Site: Refers to the Website consisting of the domain name www.hipicon.com and the subdomains connected to this domain name.
Buyer: Refers to the user who purchases the goods and/or services offered for sale by the Seller by using the Services offered on the Website.
Content: All visual, auditory, written information shared on the Site, together with open data such as logo, signature, file, music.
Service: Refers to the applications put forward by Hipicon within the Website to enable Users to perform the work and transactions defined in the User Agreement.
User/Member: Refers to the real or legal person who enters the Website and/or becomes a member and benefits from the Services offered on the Website within the conditions specified in this User Agreement. Sellers and Buyers become members of the Website as Users.
Product: Refers to all kinds of goods and/or services offered for sale by the Seller on the Website.
3. Subject and Scope of the Contract
3.1 The subject of the User Agreement is to determine the conditions of use of the Services offered on the Website, the rights and obligations of the parties.
3.2 The scope of the User Agreement is the User Agreement and its annexes, as well as all statements, writings, and explanations made by Hipicon regarding the use, membership, and Services within the Website.
3.3 By accepting the provisions of the User Agreement, you also agree to comply with all kinds of statements made by Hipicon regarding the use, membership, and Services within the Website.
4. Membership and Service Usage Conditions
4.1 Membership is completed by the registration process, which is carried out by the person who wants to become a User by sending the necessary identity information to the Website and the registration process is approved by Hipicon. Before the membership process is completed, the right and authority to be a User defined in this User Agreement cannot be obtained.
4.2 To become a member of the Website, it is necessary to be of legal age and not to have been temporarily removed from membership or permanently banned from membership by Hipicon. Persons who are not of legal age or who have been temporarily removed from membership or permanently banned from membership by Hipicon as stated above, completing the registration process of the Website will not result in them becoming a member of the Website.
5. Rights and Obligations
5.1 User's Rights and Obligations
5.1.1 The User agrees, declares, and undertakes that he/she will act in accordance with all the terms and conditions specified in the User Agreement, the rules specified in the relevant places of the Website, and all applicable legislation while performing the membership procedure, benefiting from the Services of the Website, and performing any transaction related to the Services on the Website, and that he/she understands and approves all the above-mentioned terms and conditions.
5.1.2 The User agrees, declares, and undertakes that Hipicon is authorized to disclose its own confidential/private/commercial information to official authorities and right holders in cases where it is claimed that the rights of other Users and third parties are violated, in accordance with the provisions of the Privacy Policy and the mandatory provisions of the current legislation, and therefore, no compensation can be claimed from Hipicon under any name.
5.1.3 The security, storage, keeping away from the knowledge of third parties, and use of the access tools (User name, password, etc.) used by Users to access the system that Users use to benefit from the Services offered by Hipicon are entirely the responsibility of the Users. Hipicon shall not be directly or indirectly liable for any damages suffered or may suffer by Users and/or third parties due to all negligence and faults of Users in matters such as the security, storage, keeping away from the knowledge of third parties, and use of the access tools to the system.
5.1.4 Users accept, declare, and undertake that the information and content provided by themselves within the Website are correct and lawful. Hipicon is not responsible for any damages that may arise due to the incorrect or erroneous nature of the information and content provided, modified, or provided by Users to Hipicon or uploaded by themselves through the Website, as well as for the accuracy of the information and content, and is not responsible for the accuracy, security, correctness, and legality of this information and content.
5.1.5 The User cannot assign his/her rights and obligations within the scope of the User Agreement, in whole or in part, to any third party without the written consent of Hipicon.
5.1.6 Those who benefit from the Services provided by Hipicon and use the Website can only transact on the Website for lawful purposes. The legal and criminal responsibility in every transaction and action of the Users within the Website belongs to themselves. Each User agrees, declares, and undertakes that he/she will not reproduce, copy, distribute, process the images, texts, visual and auditory images, video clips, files, databases, catalogs, and lists on the Website in a way that would violate the real or personal rights or property of Hipicon and/or another third party, and that he/she will not compete directly and/or indirectly with Hipicon by these actions or in other ways. Hipicon cannot be held directly and/or indirectly responsible in any way for the damages suffered or may suffer by third parties due to the activities of the Users on the Website that are contrary to the provisions of the User Agreement and/or the law.
5.1.7 Hipicon, its employees, or managers are not responsible for the Services provided by third parties, including Users, and the content published on the Website. The accuracy and legality of the information, content, visual and auditory images provided and published by any third party are entirely the responsibility of the persons who perform these actions. Hipicon does not guarantee the security, accuracy, and legality of the Services and content provided by third parties, including Users.
5.1.8 Users agree, declare, and undertake that they will not make transactions that will enable money transfer between their own memberships and the memberships of their relatives on the Website and will not engage in behaviors that will manipulate the operation of the Website, otherwise, they will compensate for any damages that Hipicon will suffer.
5.2 Rights and Obligations of Hipicon
5.2.1 Hipicon reserves the right to change the Services and content offered on the Website at any time; to close and delete the information and content uploaded to the system by Users, including Users, to the access of third parties. Hipicon can use this right without any prior notice. Users immediately fulfill the changes requested by Hipicon. Users are responsible for the damages arising from the failure of Users to fulfill the changes and/or corrections requested by Hipicon in a timely manner.
5.2.2 Hipicon may provide 'links' to other websites, portals, files, or content owned and operated by third-party sellers, providers, and other third parties that are not under the control of Hipicon. These 'links' may be provided by Users or only for reference convenience by Hipicon. These 'links' do not constitute any kind of statement or warranty to support the website or the person operating it or the information contained in it. Hipicon is not responsible for the services or Products offered or the content of the portals, websites, files, and content accessed through the 'links' on the Website.
5.2.3 Hipicon does not act as a mediator or arbitrator in disputes arising between Users regarding the Services provided on the Website and the Products included.
5.2.4 Hipicon may perform the necessary content and/or message scanning to detect messages and/or content that are contrary to the operation of the Website and/or the User Agreement and/or the general rules of the Website and/or general moral rules and that cannot be accepted by Hipicon, and may remove the messages and/or content it detects from access at any time and in any way; Hipicon may terminate the User's membership, temporarily or permanently, without any notice.
5.2.5 As a result of the approval and implementation of the User Agreement, no partnership, representation, or employer-employee relationship arises between Hipicon and the User.
5.2.6 The User undertakes not to violate the legal rights of third parties such as copyright, trademark, commercial title when determining the "User name". In case Users act contrary to this provision, Hipicon may request the correction of this situation that is contrary to the User Agreement from the User, or may cancel the User's membership temporarily or permanently without prior notice.
6. Privacy Provisions
Hipicon may use the information about Users in accordance with the provisions in the Privacy Provisions on this Website. Hipicon will not use confidential information about Users contrary to the User Agreement and Privacy Provisions.
7. Intellectual Property Rights
Users cannot resell, share, distribute, display, reproduce, make derivative works from, or prepare Hipicon Services, Hipicon information, and Hipicon's copyrighted works offered through the Website, or allow others to access or use Hipicon's Services; otherwise, they will be responsible for meeting the amount of compensation and court costs and attorney fees, including but not limited to the damages claimed from Hipicon by third parties.
Hipicon reserves all property, real and personal rights, commercial information, and know-how related to all tangible and intellectual property rights, including Hipicon Services, Hipicon information, Hipicon copyrighted works, Hipicon trademarks, Hipicon commercial appearance, or any other property it owns through the Website.
Users agree, declare, and undertake not to violate any kind of Intellectual Property Rights of Hipicon and other Users on the Website.
8. Contract Changes
Hipicon may unilaterally change this User Agreement and its annexes at any time it deems appropriate by announcing them on the Website. The changed provisions of this User Agreement will become effective on the date they are announced; the remaining provisions will continue to be in effect and produce their effects and consequences.
9. Force Majeure
In all cases legally considered as force majeure, Hipicon is not responsible for the delay or incomplete performance or non-performance of any of the obligations determined by this Agreement. In cases of force majeure; delay, incomplete performance, or non-performance will not be considered as default, and no compensation can be claimed from Hipicon by the User under any name for these situations. The term force majeure will be interpreted as unavoidable events that occur outside the reasonable control of Hipicon, including but not limited to natural disasters, riots, war, strikes, cyber-attacks, communication problems, infrastructure and internet malfunctions, cyber-attacks, malfunctions that may occur due to improvement or renewal works related to the system, power outages, and bad weather conditions, despite taking necessary care.
10. Applicable Law and Competent Court
Turkish Law will be applied in the implementation, interpretation, and management of legal relationships arising within the scope of this User Agreement. In the resolution of any disputes arising or that may arise from this User Agreement, Istanbul Courts and Enforcement Offices are authorized.