TERMS OF USE
Please read these ‘Terms of Use’ carefully before using our site. Customers who use and shop from this website are assumed to have accepted the following terms:
The web pages on our site and all pages linked to it are the property of and operated by KIVIK LTD (the Company) at www.gounod.com.tr. By using and continuing to use the services offered on the site, you (‘User’) agree that you are subject to the following terms; you represent that you have the right, authority, and legal capacity to sign a contract according to the laws you are subject to, that you are over 18 years of age, that you have read and understood this contract, and that you are bound by the terms written in the contract.
This contract imposes rights and obligations on the parties regarding the site that is the subject of the contract, and when the parties accept this contract, they declare that they will fulfill the aforementioned rights and obligations completely, accurately, timely, and within the terms requested in this contract.
1. RESPONSIBILITIES
a. The Company always reserves the right to make changes to prices and the products and services offered. b. The Company accepts and undertakes that the member will benefit from the services subject to the contract, except for technical failures. c. The User agrees in advance that they will not reverse engineer the use of the site or engage in any other activity aimed at finding or obtaining their source code; otherwise, they will be responsible for damages arising before third parties and legal and criminal action will be taken against them. d. The User agrees that they will not produce or share content that is contrary to general morality and ethics, unlawful, damaging to the rights of third parties, misleading, offensive, obscene, pornographic, damaging to personal rights, infringing on copyrights, or encouraging illegal activities in their activities within the site, in any part of the site, or in their communications. Otherwise, they are entirely responsible for the damage that may occur, and in this case, ‘Site’ officials may suspend or terminate such accounts and reserve the right to initiate legal processes.
2. Intellectual Property Rights
2.1. All registered or unregistered intellectual property rights such as title, business name, trademark, patent, logo, design, information, and method in this Site belong to the site operator and owning company or the person specified, and are under the protection of national and international law. Visiting this Site or utilizing the services on this Site does not grant any rights regarding the aforementioned intellectual property rights. 2.2. The information on the Site cannot be reproduced, published, copied, presented, and/or transferred in any way. The whole or part of the Site cannot be used on another website without permission.
3. Confidential Information
3.1. The Company will not disclose the personal information transmitted by users through the site to third parties. This personal information includes all kinds of other information aimed at identifying the User such as name-surname, address, phone number, mobile phone, e-mail address, and will be briefly referred to as ‘Confidential Information’. 3.2. The User accepts and declares that they consent to the company owning the Site sharing their contact, portfolio status, and demographic information with its subsidiaries or group companies, limited to use within the scope of marketing activities such as promotion, advertisement, campaign, announcement, etc.
4. No Warranty
THIS CONTRACT CLAUSE SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICES OFFERED BY THE COMPANY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THE COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE SERVICES OR THE APPLICATION (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
5. Registration and Security
The User must provide accurate, complete, and up-to-date registration information. Otherwise, this Agreement will be deemed violated and the account may be closed without informing the User. The User is responsible for password and account security on the site and third-party sites. Otherwise, the Company cannot be held responsible for data loss and security breaches or damage to hardware and devices.
6. Force Majeure
The parties are not responsible if the obligations arising from the contract become unfulfillable by the parties due to reasons not under their control, such as natural disasters, fire, explosions, civil wars, wars, riots, popular movements, declaration of mobilization, strikes, lockouts, epidemics, infrastructure and internet failures, and power outages (hereinafter referred to as "Force Majeure").
7. Integrity and Applicability of the Agreement
If one of the terms of this agreement becomes partially or completely invalid, the remainder of the agreement continues to maintain its validity.
8. Amendments to the Agreement
The Company may change the services offered on the site and the terms of this agreement partially or completely at any time. Changes will be effective from the date they are published on the site. It is the User's responsibility to follow the changes.
9. Notification
All notifications to be sent to the parties related to this Agreement will be made via the Company's known e-mail address and the e-mail address specified by the user in the membership form. The User accepts that the address specified while becoming a member is a valid notification address.
10. Evidence Agreement
In any disputes that may arise between the parties regarding the transactions related to this agreement, the books, records, and documents of the parties, and computer and fax records shall be accepted as evidence in accordance with the applicable laws, and the user agrees not to object to these records.
11. Dispute Resolution
Any disputes arising from the implementation or interpretation of this Agreement shall be subject to the exclusive jurisdiction of the Courts of England and Wales.