TERMS OF USE AGREEMENT
This page explains the terms by which you may use, based on your country of residence, either EST MARJINAL MEDİKAL TANITIM VE İLETİŞİM SAN. TİC. LTD. ŞTİ or Smikra B.V. ("Company", we, us, our)'s online and/or mobile services, web site, and software provided on or in connection with Company (collectively the "Service"). If you are paying with a Credit Card and you are located outside of Turkey, the products are sold to you by Smikra BV and the applicable governing law is that of the Netherlands. By accessing or using the Service, you agree that you have read, understood, and agree to be bound by these Terms of Use (the "Agreement"), whether or not you are a registered user of our Service.
OUR PROPRIETARY RIGHTS
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "Company Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Company and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Company Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Company does not waive any rights to use similar or related ideas previously known to Company, or developed by its employees, or obtained from sources other than you.
INDEMNITY
You agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties you make in this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party's access and use of the Service with your username, password or other appropriate security code.
Company cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
GOVERNING LAW
You agree that the Service shall be deemed solely based in the Republic of Turkey. This Agreement shall be governed by the internal substantive laws of the Republic of Turkey, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and company hereby expressly consent to the exclusive personal jurisdiction of the courts of the Republic of Turkey.
We reserve the right to amend this Agreement at any time no notice shall be required or given for non-substantive changes to the Agreement.
