END USER LICENSE AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY.
THIS AGREEMENT CONTAINS THE TERMS AND CONDITIONS THAT APPLY TO YOUR USE OF THE BaseFIX WIFI SERVICE.
BY ACCEPTING THIS END USER LICENSE AGREEMENT FOR THE PURPOSE OF USING THE BaseFIX WIFI SERVICE, YOU ACCEPT AND DECLARE THAT YOU HAVE READ THE AGREEMENT, UNDERSTOOD ITS CONTENTS AND AGREE TO ITS PROVISIONS.
1. PARTIES AND SUBJECT OF THE AGREEMENT
This End User License Agreement (shall be hereinafter referred to as the “AGREEMENT”) has been entered into by and between BASEFIKS TELEKOMUNIKASYON VE BILGI SISTEMLRI TIC LTD STI (shall be hereinafter referred to as “BaseFIX”) and the USER (the term “USER” in this AGREEMENT refers to YOU), in electronic environment (web site), at the time it is read and acknowledged by the USER. This Agreement regulates the rights and obligations of the PARTIES with respect to the use of BaseFIX WIFI wireless internet access (shall be hereinafter referred to as “BaseFIX WIFI”) by the USER (all the updates that may from time to time be published by BaseFIX on the website at its sole discretion are included into this agreement).
In this AGREEMENT, BaseFIX and USER shall be collectively referred to as “PARTIES”.
By checking the “I have read, and accept the BaseFIX Wifi End User License Agreement” option, and clicking on the menu, with the BaseFIX WIFI username and password, the USER is agreeing to this AGREEMENT with all its terms and conditions. If the USER does not agree to this AGREEMENT, he/she should not use BaseFIX WIFI.
If you are accepting this agreement on behalf of a legal entity, you represent and warrant that you have full authority to accept the agreement on behalf of such legal entity. If this agreement is accepted without authorization to do so, the person who has made any transaction without authorization shall be jointly and severally responsible with the relevant legal entity for the legal sanctions specified in the AGREEMENT.
2. RIGHTS AND LIABILITIES OF THE USER
2.1. Non-commercial Use
The USER receives wireless internet access services related to BaseFIX WIFI.
The rights that are granted by BaseFIX to the USER in relation to BaseFIX WIFI are only for non-commercial and personal use of BaseFIX WIFI. The USER cannot, either directly or indirectly, acquire any revenues or similar benefits from the use of BaseFIX WIFI.
The USER can learn the scope of the rights concerning the use of BaseFIX WIFI service pack on BaseFIX’s websites at www.basefix.net or login.basefix.net any other website to be designated by BaseFIX. By accepting this AGREEMENT, the USER agrees to the scope of rights concerning use of this pack. Therefore, please access the information regarding the packs via the above-mentioned websites, and read them carefully. BaseFIX reserves the right to make amendments to the rights that are granted to the USER within the scope of subscription at any time. The USER cannot, in any manner whatsoever, make any interventions and actions which may cause damage or prevent access to, overload or impair the websites, goods and services, software or data of BaseFIX, or those of its content, medium or platform providers, and cannot use BaseFIX WIFI in such manner or in a manner that may prevent third parties from utilizing BaseFIX’s services.
The USER can by no means transfer, lease, sell its rights under this AGREEMENT, or offer them to the use and/or benefit of third parties, even for free of charge, without obtaining the written consent of BaseFIX. Use of BaseFIX WIFI shall always be subject to the terms of this AGREEMENT.
2.2. Appropriate Use
The USER accepts that he/she will use BaseFIX WIFI in compliance with all applicable national and international legislation, rules and laws regarding public order and morality and use of internet, and show respect to the rights of third parties. The responsibility for any acts of detection, tapping of the communication, assessment and recording of the signal data that will be conducted within the scope of duties and powers of the Chairmanship of Telecommunication and Communication of the Information Technologies and Communication Authority, and the responsibility for use in compliance with the Law numbered 5651 regarding the Regulation of Publications Made on Internet and Combat against the Crimes Committed via These Publications and other Laws, and the Regulation Concerning Principles and Procedures for Regulating the Publications Made through Internet and other relevant regulations shall be borne exclusively by the USER.
The USER may not use BaseFIX WIFI in violation of law, contrary to its purposes of use, fraudulently or for inappropriate purposes, may not give permission to third parties to act as such, or participate in or encourage performance of such acts, may not act in violation of this AGREEMENT, as may be amended from time to time, may not allow third parties to exercise the rights acquired under this AGREEMENT, and may not allow or encourage any third parties to conduct such acts. In the event of any such acts performed by the USER, BaseFIX may terminate this AGREEMENT. In such case, all the other legal rights of BaseFIX shall be reserved.
The USER accepts that the system settings ascertained by BaseFIX shall be valid. The USER shall be responsible for any problems and issues arising from the USER and the devices under his/her responsibility, and BaseFIX may not be held responsible for any faults in this respect. The USER shall, in order to be able use the BaseFIX WIFI service, be obligated to provide a computer which is suitable for internet connection and a suitable mobile device. The responsibility for providing the necessary security measures such as firewalls and anti-virus protection in order to prevent any damages that may occur during BaseFIX WIFI connection shall belong to the USER.
The responsibility for the security and use of the usernames and passwords which have been allocated to the USER for use of the services provided by BaseFIX shall belong to the USER. In case the usernames and passwords are lost or stolen, the USER must promptly notify BaseFIX in order that these usernames and passwords can be changed. Administrative, legal, financial and penal liabilities which may arise from unauthorized use of passwords shall belong to the USER.
The USER is obligated to ensure that “all the usernames and other names” that he/she uploads to the system in relation to the services it receives do not infringe third parties’ legal rights such as copyrights, trademarks, commercial titles and business enterprise names. If the USER violates the provisions of this article, BaseFIX shall be entitled to request the USER to eliminate such violation of the AGREEMENT or to cancel the subscription of the USER, either on a temporary or permanent basis, without serving prior notice to the USER. If “all the usernames and other names” uploaded by the USER to the system” violate the intellectual and property rights of third parties, including copyrights, trademarks, commercial titles or business enterprise names, the responsibility for any third party claims that may arise shall be borne solely by the USER. The USER shall defend, promptly indemnify and hold BaseFIX harmless against any such claims.
You can visit www.BaseFIX.net or call (322) 457 3722 BaseFIX Customer Service Line for any queries and problems regarding BaseFIX WIFI.
2.3. Financial Liabilities
The fees in respect of the BaseFIX WIFI service that will be provided to the USER shall be specified at www.basefix.net or login.basefix.net. By accepting this AGREEMENT, the USER agrees to pay the fees for the BaseFIX WIFI service either by credit card or by any other means of payment. The USER shall be responsible for the accuracy of the information which he/she provides as to the elected method of payment. In the event of any delay in the payment of the BaseFIX WIFI service fees, default interest shall be applied to the relevant fees.
3. RIGHTS AND LIABILITIES OF BaseFIX
BaseFIX shall be free to use any and all technologies it may deem appropriate for provision of WIFI services within the framework of designated practices and service requirements, and to change, at any time, the technology being used. BaseFIX is entitled to enter into agreements with any third persons or companies for any of its liabilities, and to have the operation and maintenance of BaseFIX WIFI service carried out by others either in part or in whole.
BaseFIX may give “links” to other web sites and/or portals, files or contents which are owned, and operated by third party vendors, providers and other third parties which are not under its control. These “links” might have been provided by BaseFIX for ease of reference only, and do not intend to support the web site or the person who operates the site or make any statements or give any guarantees with respect to the web site or the information included therein. BaseFIX assumes no responsibility in relation to the portals, websites, files and contents that are accessed via such links on the website, and the services, products and contents which are provided by the portals or websites that are reached via these links.
Under the circumstances set out in laws and court decisions, the USER may not claim any indemnities from BaseFIX, under any name whatsoever, with respect to the tapping, recording, safekeeping and monitoring of the data in respect of BaseFIX WIFI by third parties.
BaseFIX may use the traffic data of the USER or USER’s subscription information for the purpose of security of the USER, performance of its own obligations, and certain statistical evaluations, at its own discretion and for an indefinite period of time. BaseFIX may classify and keep these data on a database.
The USER and BaseFIX are legally independent parties. There is no partnership, agency or employer-employee relationship between them.
4. INTELLECTUAL PROPERTY RIGHTS
The ownership of all intellectual and/or industrial property rights in relation to WIFI and the contents, programs and works that are obtained with or through BaseFIX WIFI belongs to BaseFIX, its affiliates and subsidiaries and/or third parties who hold rights on the works including the content, medium or platform providers of BaseFIX. Use of BaseFIX WIFI does not grant the USER the ownership of any intellectual and industrial property rights that are provided with or through BaseFIX WIFI. The USER may not perform any activities that will violate the intellectual and/or property rights owned by BaseFIX and/or its subsidiaries and its affiliates and subsidiaries and/or third parties who hold rights on the works and contents including content, medium or platform providers of BaseFIX.
The USER accepts not to change, adapt, translate, sell any element of the contents provided with or through BaseFIX WIFI; not to create derivative or processed works by using these contents/products/services, not to distort the order of these contents/services, not to use the contents, images, clips, musical pieces or composition, or lyrics and compositions that it uses within the scope of this service for purposes other than set forth herein, not to change, or reverse-engineer them in a way that will distort the integrity thereof, and not to attempt to publish them in any media.
The USER accepts not to remove, hide or change the rights and copyrights, trademarks or other registered rights of BaseFIX or any third parties who have rights on the work including content, medium or platform providers of BaseFIX within the scope of BaseFIX WIFI portal or in relation to BaseFIX WIFI service.
The USER hereby agrees that he/she will protect the confidential information he/she acquires, at the time of use of BaseFIX WIFI, regarding the system or regarding BaseFIX or third parties who have rights on the contents including content, medium and platform providers of BaseFIX, which information are outside the purpose of use of BaseFIX WIFI. The USER agrees not to disclose this confidential information, directly or indirectly, to any third parties, either in part or in whole.
In the event of failure of the USER to fulfil his/her undertakings and liabilities set out in this article, the USER shall be solely responsible for the claims of third persons and companies, and it will be obligated to meet all kinds of expenses claimed by third parties, including but not limited to the licensors in relation to the work and contents, by reason of the damages they incurred, including but not limited to court expenses and attorney’s fees.
All the rights of BaseFIX in relation to BaseFIX services, BaseFIX information, works subject to BaseFIX copyrights, BaseFIX’s trademarks, BaseFIX’s commercial image, including all its tangible and intellectual property rights, all assets, real and personal rights, commercial knowledge and know-how are reserved.
5. LIMITATION OF LIABILITY
BaseFIX shall not be responsible for problems and damages that may arise on the side of the USER at the time of his/her use of the BaseFIX WIFI.
The USER accepts that it will use the BaseFIX WIFI by assuming all the risks that may occur in relation to any situation that may be experienced in relation to the service at the time of use of the BaseFIX WIFI service.
If the BaseFIX WIFI service does not function fully or not at all or if it malfunctions, or for any other reasons arising from the use of the BaseFIX WIFI service, any and all data loss or damage to the computer system shall be under the responsibility of the USER. BaseFIX does not have any responsibility in this respect. The USER accepts that the responsibility for providing security firewalls and anti-virus protection in order to prevent any damages at the time of BaseFIX WIFI connection shall belong to himself/herself and that BaseFIX does not give the USER any warranties or undertakings in this respect.
BaseFIX shall not be responsible for any losses or damages that may be incurred due to any contents provided by BaseFIX WIFI, or the faults, impairments or disruptions in the images, photographs, software, equipment or contents by reason of the use of BaseFIX WIFI. BaseFIX reserves the right to make changes to the services provided through BaseFIX WIFI at any time and at its own discretion.
The USER shall be responsible for determining whether or not the permits or other licenses in respect of the rights of the owner of the work on the software or programs and operating systems necessary for monitoring and/or tapping of the images, sounds and all other types of contents through the agency of BaseFIX WIFI are required, and for obtaining such permits and licenses.
The USER irrevocably and unconditionally declares, accepts and undertakes that all the responsibility arising out of his/her use of BaseFIX WIFI in violation of the provisions of this agreement shall be borne by himself/herself, and that he/she will be individually responsible for any loss or damage and lawsuits and claims for loss and damage that may be initiated by third parties as a result of such use, that BaseFIX shall not be a party to, and be involved in these kinds of lawsuits, complaints and similar issues, that if BaseFIX is considered a party in any lawsuits that may be initiated by third parties and is put under any liability or obligation to pay indemnity to third parties by reason of violation of the terms of this AGREEMENT by the USER, BaseFIX will be entitled to take recourse against the USER for all kinds of damages it may incur, particularly the indemnity it has paid, and that, upon request of BaseFIX, he/she will pay BaseFIX the indemnities, damages and expenses that have been paid, all at once.
7. DATA APPLICATIONS AND CONFIDENTIALITY
The USER shall be responsible for the accuracy, security, safekeeping of the username, password, BaseFIX service number, BaseFIX username and BaseFIX password which are entered by the USER for user verification at the time of access to BaseFIX WIFI, and for not revealing them to third parties, and for all matters regarding their use. BaseFIX shall not be responsible for the errors in the data that are entered and/or access to BaseFIX WIFI in the name of the USER by others who have acquired/learnt the USER information. BaseFIX has no direct or indirect responsibility for damages that are or may be incurred by the USER and/or third parties for reasons relating to security, safekeeping, confidentiality and use of the tools of access to BaseFIX WIFI (username and password). Within this context, the USER cannot make any claims for damages or indemnities from BaseFIX, under any name whatsoever.
The USER accepts and undertakes to keep confidential any information it may acquire regarding this agreement, and consequently, BaseFIX, for an indefinite period of time, regardless of the termination of this agreement for any reason whatsoever.
8. CONNECTION AND ACCESIBILITY
The USER may access BaseFIX WIFI by using a personal computer via DSL, ISDN and other connection methods. The USER is responsible for providing the equipment that is suitable for access to BaseFIX WIFI. BaseFIX shall not be responsible for the limited functions/images.
BaseFIX uses all the technical possibilities in order to make BaseFIX WIFI continuously accessible. However, BaseFIX WIFI may not be accessible due to problems which are not caused by BaseFIX, due to network maintenance and repair operations, operational failures and problems arising from other operators’ networks (force majeure reasons, third parties’ fault, etc.), at times of routine maintenance and version upgrades. BaseFIX shall not be responsible if there is no access to BaseFIX WIFI or if it cannot be accessed as required, for the reasons specified above. The USER cannot claim any expenses, indemnities or any other costs under any name whatsoever. BaseFIX has the right to restrict, at any time, the access to BaseFIX WIFI with an aim to protect the user information, network security and the BaseFIX WIFI software.
9. AMENDMENTS TO THE AGREEMENT
BaseFIX may amend this agreement at any time it may deem appropriate at its own discretion and unilaterally. The amended provisions of this agreement shall become effective on the date they are posted on the relevant web page or welcome page in relation to BaseFIX WIFI. The USER shall be deemed to have accepted the amendments to this agreement, after they are posted on the website in relation to BaseFIX WIFI. We recommend that you frequently check this Agreement in order to be fully informed of such amendments. The remaining provisions shall continue to be in full force and effect. This agreement cannot be amended by way of unilateral statements of the USER.
10. FORCE MAJEURE REASONS
BaseFIX shall not be responsible for any delay or default in performing the obligations specified hereunder if such delay or default is caused by force majeure circumstances. These and similar circumstances shall not be deemed as delay, failure or default in performance for BaseFIX, and no claims can be made against BaseFIX in such circumstances. The term “force majeure” shall be construed as incidents which are beyond the reasonable control of, and which cannot be avoided by, BaseFIX in spite of the necessary care it has shown, including but not limited to natural disasters, riots, wars, strikes, communication problems, infrastructure and internet failures, power cut-offs and restrictions applied by authorized institutions and adverse weather conditions.
11. MISCELLANEOUS PROVISIONS
This agreement, its implementation, interpretation, management and settlement of the dispute arising hereunder shall be subject to Turkish law. Parties accept that the disputes that may arise out of implementation of this agreement shall be settled by the central courts and execution offices of Istanbul.
In the event that the authorized court deems any of the provisions or part of this agreement unenforceable as a result of any lawsuit, the remainder of this AGREEMENT shall continue to be in full force and effect.
BaseFIX may, at its own discretion, transfer and assign its obligations and rights within the scope of this agreement to others, either in part or in whole, or conclude subcontracts in relation to such rights and obligations.
Waivers of any rights concerning breach of any provisions of this agreement or defaults within the scope of this agreement shall not be effective unless they are made in writing and signed by the party waiving such right. Waiver of any breach or default shall not be construed as a continuing waiver of any subsequent breaches or defaults.
The records of BaseFIX shall serve as basis to the disputes between the parties. The USER agrees that in any disputes that may arise from the implementation of this agreement, the commercial books and records, computer records, e-mails, microfilms, voice recordings, invoice data and all kinds of documents of BaseFIX shall serve as valid, binding and definite evidence, and that it holds harmless BaseFIX from offers for oath and that this article shall constitute the evidence agreement specified in Article 287 of the Civil Procedure Law.
12. DATE OF EFFECT OF THE AGREEMENT AND TERMINATION
The USER shall be deemed to accept the conditions of this AGREEMENT and this AGREEMENT shall enter into force between the parties for an indefinite period of time at the moment when the USER declares his/her acceptance by clicking on the relevant menu in the electronic environment.
The USER accepts and undertakes to promptly indemnify any and all damages and losses that may be incurred by BaseFIX and/or third parties as a result of his/her acts in violation of the rights and obligations specified in the agreement and as a result of his/her failure to fulfil his/her obligations and undertakings, as of the moment he/she accepts this AGREEMENT.
This agreement and the right of the USER to use BaseFIX WIFI pursuant to this AGREEMENT shall become null and void, without the need to serve any notices, when (a) the USER ceases his/her use of BaseFIX WIFI and terminates his/her subscription in compliance with the instructions relating to the termination of subscription, (b) any conditions of termination specified in the agreement occur, (c) the subscription agreement between the USER and BaseFIX is terminated for any reason whatsoever.
BaseFIX reserves the right to terminate, at any time, this agreement, and the authorization of the USER to use BaseFIX WIFI without serving any prior notice.