TERMS OF USE AND MEMBERSHIP AGREEMENT

SAMET OMNI-KIT MOBILE APPLICATION 

TERMS OF USE AND MEMBERSHIP AGREEMENT

1.Introduction

The services in  SAMET Omni-Kit Mobile Application (“Application”) are provided by Samet Kalıp ve Madeni Eşya Sanayi ve Ticaret A.Ş. having its registered office at the address of Atatürk Mah. Adnan Menderes Cad. No:8 34513 Kıraç/ Esenyurt Istanbul Turkey (hereinafter referred to as “Samet”, “our Company” or “us”), and Samet is the legal owner of the Application. All rights of use and power of disposition of the Application belong to Samet.

The users and members of the Application must carefully read the SAMET Omni-Kit Mobile Application Terms of Use and Membership Agreement (the “Agreement”) contained herein before using the Application and should not use the Application if they do not accept any of the terms specified in this Agreement.

As the owner of the Application, our Company reserves the right to change the following general and special conditions at any time.

Any natural or legal person benefiting from the Application services shall be deemed to have accepted all the changes made in the provisions of the Agreement by Samet in advance.

In certain parts of the Application, different rules and obligations specific to the relevant section may be specified. Members and users of the Application using such sections are deemed to have accepted the applicable rules in advance.

The principles and procedures adopted by our Company within the framework of the personal data protection legislation are explained in detail in the General Policy on the Processing and Protection of Personal Data and the Cookies Policy[KK1] , which can be accessed on the “Protection of Personal Data” page in our Company’s website  www.samet.com.tr. We kindly ask you to carefully read and examine these documents as well. In addition, in the sections where the Application will collect personal data, there is a SAMET Omni-Kit Mobile Application Privacy Notice regarding the collection, processing, and sharing of the members’ and/or users’ personal data; and the member is asked whether s/he wants to be informed about Samet’s products, discounts, innovation and events.

2.Definitions of Agreement

Application: refers to the SAMET Omni-Kit Mobile Application, which includes promotional and assembly videos of Samet products, assembly templates of products and other information about assembly of products, which can be accessed by downloading to mobile devices.

User: refers to the natural or legal person downloads the Application to his/her mobile device and uses it.

Member: refers to any natural or legal person who fully fills the membership form on the Application and becomes a member to the Application. They will be referred to as the “Member” in this Agreement. It is mandatory to be over the age of 18 for membership.

Content: refers to any information, file, image, program, figure,  etc., visual, literary, and auditory images published or accessible in the Application.

SAMET Omni-Kit Mobile Application Terms of Use and Membership Agreement: refers to this Agreement executed in electronic form by and between Samet and the natural and/or legal entity benefiting from the services offered through the Application.

3.Rights and Liabilities

3.1.Links may be given to other Applications and/or other content that are not under Samet’s control and are owned and operated by other third parties, through the Application. These links are used only to facilitate reference for the Members/Users, and they don’t support any Application or the person operating the related Application. The owner(s) of the linked website(s) is/are responsible for the content. Samet does not have any responsibility for the websites accessed through the links on the Application and content thereof, and any damage arising from the utilization of such websites shall be under the responsibility of the Member/User. Samet may make access to the linked websites conditional on written consent or cease the access to the links not deemed appropriate by Samet.[KK2] 

3.2.Samet constantly checks the accuracy and up-to-dateness of the information available on the Application. However, despite the efforts made, the information on the Application may lag behind the actual changes. The materials and information in the Application’s content are presented as soon as they are delivered to the Application; however, there may be a difference between the current status of the relevant service or information and the status specified on the Application.

3.3.It is the Member’s/User’s responsibility to ensure that all software and hardware requirements for the prevention of malicious and damaging programs, codes, or materials, the correctness of data entry and output, or the recovery of any missing data are met, maintained, and updated.

3.4.Samet reserves the right to change any service, product information available on this Application and its extension, as well as the terms of use of the Application and the information presented on the Application without any prior notice, rearrange the Application and its content, and stop and/or pause the publishing. Changes become effective upon their posting on the Application. These changes are deemed to have been accepted by using the Application or by logging into the Application. These conditions also apply to other linked web pages on the Application.[KK3] 

3.5.The legal and criminal liabilities of the Members/Users using the Application in any transaction and action they take within the Application shall belong to them. Each Member/User undertakes not to engage in any activity that would infringe on the rights of Samet, its affiliates and/or any third party. Samet shall not have any direct and/or indirect responsibility for the damages incurred or to be incurred by third parties due to the activities of the Members/Users on the Application.

3.6.The owner of this Application is Samet. The information, texts, images, brands, slogans, and other signs on this Application, as well as the programs for the protection of information on other industrial and intellectual property rights, the page layout, and the presentation of the Application, are the property of Samet or the organizations that Samet obtained permit and license. It is forbidden to copy, modify, publish, send, distribute and sell fully or partially, online or by using other media any database, Application, HTML code of software-codes, and other codes, etc. related to the information on this Application or the Application pages, and the products, designs, images, texts, visual, audio and other images, video clips, files, catalogs, and lists, etc. contained in the Application. The Member/User agrees and warrants that s/he shall not reproduce, copy, distribute, process the software, hardware, and content of the Application without limitation to those listed above and shall not compete with Samet directly and/or indirectly, either by these actions or by other means. The Member/User shall not be entitled to resell, process, share, distribute, display Samet services, Samet information, and Samet’s copyrighted works or to make Samet’s services available to or accessed by third parties. It is not possible to partially copy, print, process, distribute, reproduce or exhibit the information on this page without the written permission of Samet.

3.7.Users and Members using the Application, agree to comply with all applicable legislation on criminal law, commercial law, intellectual property rights, data protection and consumer rights and all kinds of announcements and notifications to be published by our Company regarding Samet and Application services, while benefiting from the Application and its services. All legal, criminal and financial liabilities that may arise due to use of the Application in violation of these announcements and applicable legislation shall belong to the Member/User.

3.8.The Application shall not be used in contravention of law, good faith, and codes of conduct, in the following cases in particular:

3.8.1.Using the Application to create, control, update, or change a database, record, or directory on behalf of any person;

3.8.2.Use of all or part of the Application to disrupt, alter, or for reverse engineering;

3.8.3.Filling the membsership form by using false information or the information of another person; creation of unreal Membership accounts by using false or misleading personal data, including fraudulent or misleading residence address, e-mail address, contact, payment or account information, and the use of these accounts in violation of the Agreement or applicable legislation; unauthorized use of another member’s account; being a party or participant in transactions by impersonating another person or under a false name;

3.8.4. Spreading viruses or any other harmful technology to the Application, the Application’s database, or any content on the Application;

3.8.5.Engaging in activities that will create unreasonable or disproportionately large downloads on communications and technical systems on the Application or that will damage technical functioning; using software or systems such as automatic programs, robots, data mining on the Application without the prior written consent of Samet, and thus, unauthorized copying, publication or use of all or a part of any content on the Application;

3.8.6.Inclusion of comments and statements about third parties and other Members and Users of the Application in the areas, platforms, and tabs open to comments on the Application; making unfair, unlawful and dishonest, defamatory, incompatible, and/or improper comments or sharing on the Application. [KK4] 

3.9.If the Member uses the Application account in a manner that harms both Samet and third parties and/or the commercial reputation of Samet is damaged due to the actions of the Member/User, except for the reasons specified in this Agreement and/or reasons justified by Samet, Samet shall be entitled to cancel the Member’s membership immediately, and to apply to any legal or administrative authority against the Member /User.

4. Membership

4.1.In order to become a member of the Application, you need to fill in the registration form by creating a username and password. During registration, you must provide your contact information (for example, your e-mail address). Samet uses this information to contact you about the services you have indicated that you are interested in on the Application. In addition, in case you check the checkbox for receiving commercial electronic messages, you agree to receive SMS and/or e-mails about Samet's other commercial activities, campaigns and services. The Member always has the right to withdraw his/her consent from the Profile page on the Application.

4.2.The Member is responsible for making available the information such as user name, password, usage rights given to the Member or determined by the Member, to third parties or organizations (including the malicious use of his/her password by other people). Likewise, the Member/User shall not use someone else’s IP address, e-mail address, user name, and other information on the Application, and shall not access or use other users’ private information on the Application without permission. Any legal and criminal liability that arises from such use shall belong to the Member/User.

4.3.Cancellation of membership and account deletion can be performed by the Member through the Application.

4.4.If the Member explicitly gives permission to be informed about Samet’s products, discounts, innovation and events during membership registration to the Application, this shall be deemed as the given consent for any direct marketing communication to be done by Samet. The Member shall always be entitled to withdraw these permissions from the “Profile” page.

5. Data That Can Be Collected By the Application

5.1.Samet may process, classify and store on a database the information conveyed to it by the Members/Users through the Application, pursuant to the KVKK, GDPR and other applicable legislation, and subject to confidentiality principles. Samet may also use information such as identity, address, e-mail, telephone number, mobile device data, user name, password and IP Address, etc., for purposes such as statistical evaluation, the announcement of campaigns and providing personalized services. The personal data of the Members/Users shall not be disclosed to natural and legal third parties, except for the requests of the competent legal bodies and the cases listed below. Personal data may be transferred to third parties acting for or on behalf of Samet, in order to better process the specific use of the data or to provide better service in accordance with the purposes suggested by the Members/Users.

5.2.Samet, shall collect other information in the following cases and this information to be procured during the use of the Application to process for the specified purposes which is stated in the Privacy Notice on the Application and provided that your consent will be obtained where necessary, depending on the type of cookies used:

·  The server of the Application automatically collects information such as your internet protocol (IP) address, browser type and language, date and time of access to the Application, which will help us track user movements on the Application and detect trends.

·  “Remarketing & Demography and Interests Reporting” of Google Analytics is used in the content of the Application, accordingly, it may be possible to share anonymous information with advertising publishers for advertising and promotional purposes.

·  One or more cookies may be assigned (sent) to the device from which you downloaded the Application to facilitate your access to the Application and to personalize your online experience.

·  Samet or its advertising partner third parties, may use standard internet tools such as “web beacons” that track your use of the Application, collect information that allows you to customize the services we provide and the advertisements we publish.

We recommend you to read the Samet Cookie Policy to get more detailed information about cookies, web beacons and similar technologies and our Google Analytics applications.

If you wish, you can change your cookie settings from the settings on the ………. [KK Hukuk5] page in the Application.[KK Hukuk6] 

6. Limitation of Liability

Samet shall not be liable for any direct or indirect damages incurred due to breach of Agreement, action in tort, or any other reason for downloading of the Application, accessing the Application, using the information contained in the Application and other data and programs, etc. Samet does not accept any liability for the interruption of transaction, error, negligence, or interruption in the event of a breach of Agreement, tort, negligence, or other reasons. By downloading the Application, accessing this Application or other linked websites through the Application [KK Hukuk7] or using the Application, it is accepted that Samet is exempted from any liability, damage, and cost, including any litigation and other expenses, and claim that may arise due to utilization or visit.

7. Indemnification

Members/Users agree to defend, indemnify, and hold harmless Samet and its respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Application. Samet reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, Members/Users shall provide Samet with such cooperation as is reasonably requested by Samet.

8. Assignment

Samet may assign this Agreement partially or fully at any time without notification. However, the User and Member may not assign this Agreement or any of parts hereof to any third party. Any such assignment shall be null and void.

9.  Force Majeure

Samet shall not be liable for late performance or non-performance of its liabilities under the Agreement in the events that are legally considered force majeure. Force Majeure events and similar situations shall neither be deemed as delay, non-performance, the default of  Samet nor shall Samet be liable for any compensation for the same.

10.  Governing Law and Jurisdiction

Any dispute arising from this “SAMET Omni-Kit Mobile Application Terms of Use and Membership Agreement” shall be governed by Turkish Republic law, and such disputes shall be settled under exclusive jurisdiction of Istanbul Central Courts and Execution Offices.

11.  Enforcement and Acceptance

This “SAMET Omni-Kit Mobile Application Terms of Use and Membership Agreement” enters into force on the date declared by Samet in the Application’s content. The Members/Users accept the provisions of this Agreement by using the Application. Samet may change the provisions of this Agreement at any time; the changes are published on the Application by specifying the version number and date of the change, and they enter into force on the publishing date.

12.Account Deletions
You can permanently delete your account by clicking the delete my account button on the personal information tab under my profile.

12.1After deleting my account, your data will be permanently deleted.


SAMET KALIP VE MADENI ESYA SANAYI VE TICARET A.S.

Regarding processing of personal data of subjects who are in the European Union (EU), you can contact our Representative in EU Designated Pursuant to GDPR Art. 27

Privacy Direct Nederland B.V.

Address  : Novio Tech Campus Building A, Transistorweg 7, 6534 AT Nijmegen, The Netherlands

Telephone : +31 085-0027514

Email:  info@privacy-direct.nl