Distance Sales Agreement
ARTICLE 1. PARTIES
This Human Resources and Personnel Management System User Agreement (“Agreement”),
a) With Fiorent Limited Company (“Fiorent”), which carries out the activities of the website www.fiorent.com
b) The user who is a member of the www.fiorent.com website and approves this Agreement (“User”)
signed between them.
ARTICLE 2. SUBJECT AND SCOPE OF THE CONTRACT
2.1.This Agreement covers the terms and conditions regarding the information, documents and data (“Content”) uploaded to the Platform by the employees (“Employees”) to whom the User allows the User to benefit from the Platform and access the Platform, and the rights of the parties. and determining its obligations.
2.2. The Platform includes the Equipment Rental Platform offered to the Users by the Company. In this Agreement; The Platform and the Site will be considered together as the Fiorent Platform (“Platform”).
2.3. The terms of use, rules and conditions presented to the Users by Fiorent regarding the use of the Platform within the scope of the Site are also an annex and an integral part of this Agreement and constitute all of the rights and obligations of the parties together with the rights and obligations contained herein.
ARTICLE 3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The User agrees that the information he/she provided while subscribing to the Platform is complete, accurate and up-to-date, and that he/she will immediately update such information in case of any change in this information. Fiorent is not responsible for the inability to access or benefit from the Platform due to incomplete or untrue information or out-of-date information.
3.2. Fiorent will provide the Platform to the User in accordance with the package scope requested by the User, in return for payment of the fees determined by Fiorent for the relevant package. The User agrees that he will not be able to benefit from the Platform if he does not pay the relevant fees following the expiration of the free trial period granted to him by Fiorent.
3.3. The User cannot give the password given to him by Fiorent to other persons or organizations, the User's right to use the said password and the obligation to ensure the confidentiality and security of the password belong to him. He/she accepts that he/she is solely responsible for the damages incurred by the Employees and/or third parties due to the use, loss or change of hands by an unauthorized person, and Fiorent shall not be liable for the damages in this case. The User is personally responsible for the activities on the Platform of the officers to whom he/she allows access to the Platform.
3.4. The User declares that he/she has completed the age of 18 and has the legal capacity to conclude this Agreement. In case the User is accessing the Site on behalf of a business, the User accepts and declares that he has the necessary authority to do so. In this case, the rights and obligations regarding the User status will belong to the business in question.
3.5. Access to the Site by the User will be done using his e-mail address and password. The User will be responsible for the protection of the confidentiality and security of this password, and any activity performed through the use of the said information on the Site will be deemed to have been carried out by the User, and any legal and criminal responsibility arising from these activities will belong to the User. When the user becomes aware of any unauthorized use of his password or any other breach of security, he shall immediately notify Fiorent of this situation.
3.6. The User accepts and undertakes that he will only use the Application for his legal activities, and that he will act in accordance with this Agreement, its annexes, the applicable legislation and other terms and conditions stipulated in the Site and the Application regarding the Application. The User will be able to use the Platform on behalf of the third party as long as he is authorized to provide services to third parties. In this context, the User shall ensure that the said persons act in accordance with this Agreement and all other provisions applicable to him.
3.7. Ensuring that the content created and shared on the platform and other processes related to these are in compliance with the relevant legislation, especially social security and labor law, sending documents to the Employees without being limited to those listed, and following them, Any responsibility that may arise in connection with the printing and storage of documents and the use of the Platform belongs exclusively to the User. Due to the use of the Platform in violation of this Agreement and the relevant legislation, the User's ability to benefit from the Platform may be partially or completely suspended.
3.8. The User has the right to establish a single User account, and it is prohibited to establish a second account by the User using the same or other information following the suspension or termination of the User account by Fiorent. Fiorent reserves the right to refuse the opening of the User account at its sole discretion, without giving any reason.
3.9. Fiorent accepts that all responsibility for backing up the information and documents created on the Platform or uploaded to the Platform belongs to it, and that the Company has no responsibility if the information and documents are deleted from the User at any time and for any reason.
3.10. The User may authorize his own employees (“Authorized User”) to use the Application from time to time. The User accepts that it is solely his/her responsibility to provide the Authorized Users with the necessary information and to fulfill the obligations under the relevant legislation, and that any claim and damage that Fiorent may suffer in this context shall be recourse to him/her. Who the Authorized User will be and the level of authorization under the Application are determined by the User. will be determined. The User is responsible for the Authorized Users' use of the Platform and will always control the Authorized Users' access to the Platform, and may always change or cancel the Authorized User's access level to the Platform without any reason. If a dispute arises between the User and the Authorized User regarding access to the Platform, the User shall decide on the authorized User's access to the Platform or the Content and the level of access.
3.11. The Content shared by the User is the property of the User and all responsibility for the Content belongs to the User. Fiorent has the right to use the Content under the license granted to it by the User under this Agreement. Fiorent shall not be held responsible for the Content or any loss or damage that may be caused by the Content.
The User accepts that the Company may delete the Content from the Platform and its systems based on the requirements arising from the current legislation, especially financial regulations, and Fiorent is not responsible for any damages that may occur in this context, including lost data.
3.12.The User shall not engage in activities that endanger the security and integrity of the computer and network systems of Fiorent or the Platform, if the Platform is hosted by authorized persons, that the Platform, the Application, the site or the operability of the other systems on which the services are offered, or Files that will harm the computer systems, devices and software of Fiorent and third parties, or unlawful Content (including copyrighted or trade secret Content and other materials on which the User does not have the right to use), and computer programs used in the provision of services or the operation of the Platform are not absolutely necessary for ordinary use. It accepts and undertakes that it will not modify, copy, adapt, reproduce, create source code or reverse engineer any process.
3.13. The name and Internet Protocol (IP) address of the internet service provider used by Fiorent for the improvement and development of the Site and the Platform and/or to access the Site within the framework of the legal legislation, the date and time the Site was accessed, the location on the Site Some information may be collected, such as the pages accessed in the order and the Internet address of the website that provides direct connection to the Site.
3.14.The User accepts that his use of the Platform may be subject to restrictions, including monthly transaction and storage volumes. Such restrictions will be stated within the Platform.
3.15. The User shall keep copies of Content uploaded to the Platform. Although Fiorent complies with the necessary policies and procedures to prevent data loss, it does not guarantee that the Content will not be lost. Fiorent is not responsible for the loss of Content, regardless of how it arises.
3.16. Fiorent, when the User's information is requested as a legal obligation, to act in accordance with legal requirements or to comply with the legal proceedings notified to Fiorent and Platform and Fiorent's rights and may disclose when it believes in good faith that it is necessary to protect and defend its property.
3.17 . Fiorent allows you to make changes to the Platform, support new versions, releases, extended versions of the Platform, etc. has the right to remove, add new features to the Platform or remove existing features. Fiorent has the right to revise this Agreement and its annexes without any prior notice, and if this right is exercised, the relevant change will come into effect with the next use of the Platform by the User. If the User does not accept such changes, the right to terminate this Agreement as stated below is reserved.
3.18. In the event that Fiorent completely stops the operation of the Platform, copies of the information and content uploaded to the Platform by the User will be delivered to the User by Fiorent.
3.19. Name and Internet Protocol (IP) address of the internet service provider used by Fiorent for the improvement and development of the Site and Platform and/or to access the Site within the framework of legal regulations, the date and time the Site was accessed, the accessed time on the Site. Some information may be collected, such as the pages and the Internet address of the website that provides a direct link to the Site.
3.20. Precautions have been taken to ensure that the Site and Platform are free of viruses and similar software. In addition, in order to ensure ultimate security, the User must supply his own virus protection system and provide the necessary protection.
3.21. The User undertakes to comply with this Agreement and its annexes and other conditions, law and honesty principles to be determined by Fiorent, in all transactions to be made regarding the use of the Platform. It is the User1's responsibility to ensure that the Employees comply with this Agreement and other rules set forth in this article while using the Platform, and the User is responsible for making all necessary notifications and notifications and obtaining the necessary approvals in this context.
3.22. All legal, administrative and penal responsibilities arising from the use of the Platform belong to the User. Fiorent cannot be held responsible in any way directly and/or indirectly for the damages that Fiorent, Employees and third parties may suffer as a result of the activities performed by the User or the Employees on the Platform and/or the illegal actions of this Agreement. Any requests from third parties in this context and damages arising from the actions of the User and/or Employees shall be recourse to the User to be paid at the first request.
3.23. The User cannot in any way transfer or assign the User account and the rights and obligations arising from the use of this Agreement and the Platform to a third party.
3.24. In case of technical problems with the Application, the User will make reasonable efforts to identify and diagnose the problem before contacting Fiorent. Necessary support if the User's technical support needs continue; It will be provided through the platform or other suitable channels.
3.25.In case the User violates this Agreement, other terms and conditions within the scope of the Platform, and the statements and commitments within this scope, Fiorent shall have the right to suspend the User's membership or to terminate the user status in this way by terminating the Agreement as stated below. . In such a case, Fiorent reserves the right to claim damages arising from such violation from the User.
ARTICLE 4. PAYMENT TERMS
4.1 The User will only be able to benefit from the Application in return for paying the fees declared in the Platform in full and in full with the payment terms and means declared in the Platform.
4.2 The User will be able to use the Application for the period specified in the Platform free of charge. At the end of the said trial period, the User's membership will become a paid membership to be determined according to its type, service level, functionality, campaigns or contract period. Fees for the Application, payment terms, effective dates of fees will be announced in the relevant sections of the Platform. The user will be able to upgrade or downgrade the membership package at his own discretion. Requests for this will be made at the end of the relevant membership period, unless otherwise stipulated by Fiorent. Changes to be made in the fee and payment conditions of the membership package during the User's membership period will not be applied until the end of the User's membership period, and the new fees and payment conditions will be valid at the start of the new membership period. No refund will be made if the membership is terminated for any reason, including the termination of the Agreement, during the membership period.
4.3 Unless otherwise requested by the User 30 (thirty) days before the end of the period, the User's membership will be automatically renewed at the end of each period.
ARTICLE 5. PROPERTY RIGHTS
5.1. Fiorent's systems and all financial, moral and commercial rights of the Platform, including the visuals and designs, texts, logos, graphics within the Platform, belong to Fiorent.
5.2.Under this Agreement, the User is granted a personal, worldwide, royalty-free, non-transferable and non-exclusive license to use the Platform. Nothing in the Agreement and other terms of the Platform can be interpreted as transferring the rights and interests of the Platform to the User. Within the scope of this Agreement, the User grants Fiorent the right to use, copy, transmit, store and backup the information and Content for the User's access to the Application, use of the Application and other purposes for the provision of services. Fiorent has the right to sublicense the Content to third party developers for the purpose of providing the services.
5.3. It is strictly forbidden to copy, reproduce and/or use, distribute, process the information, content and/or software used by Fiorent within the scope of the Platform beyond the benefit specified under this Agreement.
5.4. The User's actions that may threaten the security of the Platform or Fiorent systems and/or harm the Platform, Fiorent and other users, take any action that may prevent the Platform and other software belonging to the Platform from working or other users from benefiting from the Platform, disproportionate load on the system or Platform to produce these results; Unauthorized access to the Platform's source codes or Fiorent's systems, copying, deleting, modifying or attempting to do so; Using, trying to use software that will prevent the Platform from working, or disrupting the operation of all kinds of software, hardware and servers, causing them to malfunction, reverse engineering, organizing attacks, keeping them busy or otherwise interfering with them, Fiorent Attempting to gain access to its servers is strictly prohibited. The User agrees that he will not compete with Fiorent and Platform in the aforementioned methods or in any other way, and will not support third parties acting for this purpose. The User is also obliged to ensure that the Employees comply with the said prohibitions and will be jointly and severally liable for any violations of the Employees within this scope.
ARTICLE 6. LIMITATION OF LIABILITY
6.1. Fiorent provides the Platform "As Is" and does not make any claims or warranties that the Platform is error-free, flawless, uninterrupted, perfect or will fully meet the User's unique needs._cc781905-5cde -3194-bb3b-136bad5cf58d_
6.2. Fiorent does not warrant that the use of the Platform is uninterrupted and error-free. Although Fiorent aims to make the Platform accessible and usable 24/7, it does not guarantee the functionality and accessibility of the systems that provide access to the Platform. The User agrees that access to the Platform may be blocked or interrupted from time to time. Fiorent is in no way responsible for such obstructions or interruptions.
6.3.Fiorent, User; (a) Any loss of profit, loss of data, loss of business, loss of reputation, loss of expected savings, loss of business from all kinds of material, moral and financial damages, such as interruption, compensation claims that can be made by a third party; (b) all hardware, system software/other software and network-related functionality and any resulting failures; (c) network, internet connection, connection errors; (d) Any changes, updates and similar works to be carried out by the User, Employees or third parties on the Platform; (e) is not responsible for any damages arising from voltage fluctuations, battery and power cuts, virus contamination and similar environmental factors.
6.4. The User agrees that the access to and quality of the Applications and Applications offered through the Platform largely depend on the quality of the service provided by the relevant Internet Service Provider, and Fiorent has no responsibility for the problems arising from the said service quality.
6.5. The user is solely responsible for the content he/she uploads and the use of the Platform. The User agrees that Fiorent is free from any claims and demands (including litigation costs and attorneys' fees) that may be made by third parties regarding intellectual property violations, Content, use of the Platform.
6.6.Fiorent shall not be liable for any indirect, special, incidental or penal damages resulting from the use of the Platform, including but not limited to loss of profits, loss of goodwill and reputation, to the extent permitted by applicable law.
ARTICLE 7. MISCELLANEOUS PROVISIONS
7.1 The invalidity, illegality and unenforceability of any provision of this Agreement or any statement contained in the Agreement shall not affect the validity and enforceability of the remaining provisions of the Agreement.
7.2 This Agreement is a whole with its annexes. In case of any conflict between the contract and its annexes, the provisions in the relevant annexes shall prevail.
7.3. In all cases deemed force majeure, neither party can be held responsible for late or incomplete performance or non-performance of any of its obligations specified in this Agreement. force majeure; Including, but not limited to, natural disasters, riots, wars, strikes, lockouts, failures caused by telecommunications infrastructure, power outages and bad weather conditions, events that occur beyond the reasonable control of the relevant party. During the force majeure, the actions of the parties will be suspended.
7.4.Fiorent may change, update or cancel the terms of this Agreement by notifying the User by e-mail. Any provision that is changed, updated or repealed shall be valid for the User with the notification made to the User via e-mail. It is the User's responsibility to keep the E-mail address up-to-date and to regularly check the Platform for information. If the User does not accept the relevant change, update or cancellation, the User reserves the right to terminate this Agreement unilaterally and without compensation.
7.5. All Turkish law that may arise from the interpretation of this Agreement and its annexes will be applied; Istanbul Central (Çağlayan) Courts and Enforcement Offices will be valid.
ARTICLE 8. TERMINATION OF THE AGREEMENT
8.1.This Agreement will enter into force upon its acceptance by the User in electronic form and will remain in effect unless terminated by either Party as stated below.
8.2. In the event that one of the parties violates any provision of the Agreement or the relevant legislation, the other party may terminate the Agreement unilaterally without giving any reason. In case of termination or expiration of this Agreement for any reason, the amounts paid in advance by the User will not be refunded.
8.3. Either Party may terminate this Agreement at any time without giving any reason and without paying any compensation, with a written notice to the e-mail address notified by the other party, 14 (fourteen) days in advance.
8.4. The User may request that the information and documents uploaded to the Platform and/or created on the Platform and related records be delivered to him/her within 1 (one) month at the latest following the termination of this Agreement by any of the parties. Fiorent may delete such information and documents and related records, without prejudice to the provisions regarding the storage obligations arising from the legislation, if the User does not make any request for the delivery of the aforementioned information and documents and related records within the specified period. is not responsible in any way for its deletion.
8.5. This Agreement may be terminated by the notifying party if one of the parties does not fully and duly fulfill its obligations arising from this Agreement and the said contradiction is not remedied within the given time despite the written notification to be made by the other party.
8.6. Termination of the Agreement shall not remove the rights and obligations of the Parties that have arisen until the date of termination. With the termination of the Agreement, the User is responsible for all fees and expenses incurred up to that date and will not be able to use the Platform as of the termination date. In case of termination of prepaid memberships, no refund will be made to the User.
8.7. In cases where this Agreement is terminated, the User may request access to the Content within the first 6 (six) months unless it is blocked for legal reasons. Within 6 (six) months following the expiration of the User's membership period or this Agreement, the User will be able to receive the Content free of charge. Fiorent may charge a fee for such requests submitted after the expiry of this period. Relevant fees will be specified within the scope of the Application.
8.8. Fiorent, if the User does not make any request for the delivery of the aforementioned information and documents and related records within the specified period, without prejudice to the provisions regarding the storage obligations arising from the legislation, may delete the said information and document and the records thereof. is not responsible in any way for the deletion of the records in question.
ARTICLE 9. ENFORCEMENT
9.1.The User's approval of this Agreement by filling out the form presented on the Site to start using the Platform means that the User has read and accepted this Agreement. This Agreement has been concluded and mutually entered into force upon the User's approval of the Agreement to the Platform.