1.PARTIES
This Membership and User Agreement (“Agreement”) has been prepared between Power International Export and the User who accesses the website and/or becomes a member, and it has been prepared in the electronic environment where the User uses the website upon approval by the User at the time of registration.
The User acknowledges and declares that he/she has read the entire content of the Agreement, fully understood its content, and accepted all provisions by accessing the website and/or becoming a member.
2. DEFINITIONS
Buyer: Refers to the user who purchases the goods and/or services offered for sale by the Seller by using the Services provided on the Website.
Power International Export: Refers to Elasan Gayrimenkul Danışmanlığı Ticaret Limited Şirketi.
Briefly “Service”: Refers to the applications provided within the Website by Power International Export in order to enable Users to perform their actions and transactions defined in the Terms of Use.
User/Member: Refers to the natural or legal person who accesses the Website and/or becomes a member and benefits from the Services provided on the Website under the conditions specified in these Terms of Use. Sellers and Buyers register as Users on the Website.
Seller: Refers to the person who, by using the Services provided on the Website, offers for sale goods and/or services that they legally own and have the right to dispose of on the property to other Users.
Product: Refers to any and all goods and/or services offered for sale by the Seller on the Website.
Website: Refers to the website consisting of the domain name https://powerinternationalexport.com/ and its related subdomains.
3. SUBJECT AND SCOPE OF THE AGREEMENT
3.1. The subject of the User Agreement is to determine the services offered on the Website, the conditions for using these services, and the rights and obligations of the parties.
3.2. The scope of the User Agreement includes the User Agreement and its annexes, as well as all statements, writings, and explanations made by Power International Export regarding the use, membership, and services provided on the Website.
3.3. By accepting the provisions of the User Agreement, you also agree to comply with all statements made by Power International Export regarding the use, membership, and services provided on the Website.
4. MEMBERSHIP AND SERVICE USAGE TERMS
4.1. Membership is completed by registering on the relevant section of the website, sending the necessary information to the website to become a User, and Power International Export approving the registration process. The right and authority to become a User as defined in this User Agreement cannot be obtained before the membership process is completed.
4.2. To become a member of the website, one must be of legal age and must not have been temporarily suspended or permanently banned from membership by Power International Export. Those who are under legal age or have been temporarily suspended or permanently banned from membership by Power International Export, as stated in Article 5.2 of this User Agreement, completing the website registration process will not result in them becoming a website member.
5. RIGHTS AND OBLIGATIONS
5.1. User’s Rights and Obligations
The User agrees, declares, and undertakes to comply with all the terms set forth in the User Agreement, the rules specified in the relevant sections of the Website, and all applicable legislation when performing the membership procedure, benefiting from the Services offered on the Website, and performing any transaction related to the Services on the Website.
The User acknowledges, declares and undertakes that in case of claims that the rights of other Users or third parties are violated, or in accordance with the provisions of the Privacy Policy and mandatory legislation in force, Power International Export shall be authorized to disclose its confidential/private/commercial information to official authorities and right holders, and therefore, no compensation can be claimed from Power International Export under any name.
The security, storage, and usage of access tools (username, password, etc.) used by Users to access the system that they use to benefit from the Services provided by Power International Export are entirely the responsibility of the Users. Power International Export shall not be held directly or indirectly liable for any neglect or fault of Users in ensuring the security, storage, and non-disclosure of access tools to third parties, and any damages suffered or that may be suffered by Users and/or third parties due to such neglect or fault.
Users acknowledge, declare and undertake that the information and content provided by them within the Website are accurate and in compliance with the law. Power International Export is not responsible for researching the accuracy of the information and content provided, modified or uploaded by users on the Website, nor is it obligated or responsible for guaranteeing or warranting the safety, accuracy and legality of such information and content. Power International Export cannot be held liable for any damages that may arise from any incorrect or erroneous information and content.
The User cannot transfer, partially or entirely, their rights and obligations under the User Agreement to any third party without the prior written consent of Power International Export.
Users who benefit from the services offered by Power International Export and use the website can only perform transactions on the website for lawful purposes. The legal and criminal responsibility for every transaction and action performed by users on the website is their own. Each user accepts, declares, and undertakes not to reproduce, copy, distribute, process, or compete with Power International Export directly or indirectly in any way, whether through these actions or other means, the images, texts, visual and auditory images, video clips, files, databases, catalogs, and lists found on the website in a way that would violate the personal or proprietary rights of Power International Export or any third party. Power International Export cannot be held directly or indirectly responsible in any way for damages that may be incurred by third parties due to the activities carried out by users on the website in violation of the User Agreement and/or the law.
Power International Export, its employees or managers are not responsible for the services provided and the content published on the Website by third parties, including users. The accuracy and legality of the information, content, visual and audio images provided and published by any third party are entirely the responsibility of the individuals who carry out these actions. Power International Export does not guarantee the security, accuracy, and legality of the services and content provided by third parties, including users.
Users agree, declare and undertake not to carry out transactions that allow money transfers between their own membership and the memberships of their relatives on the website and not to engage in any behavior that manipulates the operation of the website. Otherwise, they accept to compensate for any damages that Power International Export may incur.
5.2. Power International Export’s RIGHTS AND OBLIGATIONS
Power International Export reserves the right to change the Services and content provided on the Website at any time; and to restrict or delete access to the information and content uploaded to the system by Users, including third parties, at its sole discretion. Power International Export may exercise this right without prior notice. Users are obliged to comply with any changes requested by Power International Export immediately. Users are responsible for compensating any damages resulting from their failure to comply with the change and/or correction requests made by Power International Export in a timely manner.
Power International Export may provide links to other websites, portals, files, or content owned and operated by third-party sellers, providers, and other third parties not under Power International Export’s control through the website. These links may be provided by Users or solely for reference convenience by Power International Export and do not constitute any type of representation or warranty regarding the website or the information it contains, or an endorsement of the website or its operators. Power International Export has no responsibility for services or products offered or the content of portals, websites, files, and content accessed through the links on the website.
Power International Export does not act as a mediator or arbitrator in disputes that may arise between Users regarding the Services provided on the Website and the Products listed on it.
In order to detect messages and/or content that are contrary to the functioning of the Website and/or the User Agreement and/or the general rules of the Website and/or general moral rules and that cannot be accepted by Power International Export, Power International Export may perform the necessary content and/or message scanning and may remove the messages and/or content it detects from access at any time and in any way it desires; and may terminate the User’s membership temporarily or permanently without giving any notice.
By accepting and applying the User Agreement, no partnership, representation, or employer-employee relationship arises between Power International Export and the User.
The User undertakes not to violate the legal rights of third parties, such as copyright, trademark, and trade name, when choosing the username “User name”. If the User violates this provision, Power International Export may request the correction of this violation and, if it wishes, may temporarily or permanently cancel the User’s membership without prior notice.
6. CONFIDENTIALITY PROVISIONS
Power International Export may use the information regarding the Users in accordance with the regulations set forth in the Privacy Policy on this Website. Power International Export will not use the confidential information belonging to the Users in a manner contrary to the User Agreement and the Privacy Policy.
7. INTELLECTUAL PROPERTY RIGHTS
Users may not resell, share, distribute, display, reproduce, create derivative works or adaptations from, or otherwise make available the Power International Export Services, information, or copyrightable works available on the Website to third parties or allow anyone else to access or use the Services; otherwise, they will be responsible for paying Power International Export for any damages claimed by third parties, including but not limited to compensation amounts and legal fees, as well as any other obligations. This responsibility also applies to licensors.
Power International Export reserves all property rights, tangible and intangible, including but not limited to the Services, information, copyrightable works, trademarks, trade dress, or any other intellectual property rights it owns or acquires through the Website, as well as trade secrets and know-how.
Users agree, declare, and undertake not to infringe any intellectual property rights, including but not limited to any and all Intellectual Property Rights owned by Power International Export and other Users, available on the Website.
8. CONTRACTUAL AMENDMENTS
Power International Export may, at its sole discretion and unilaterally, modify this User Agreement and its annexes at any time it deems appropriate by announcing them on the website. The amended provisions of this User Agreement shall become effective as of the date of their announcement; the remaining provisions shall remain in full force and effect and continue to produce their legal effects.
9. FORCE MAJEURE EVENTS
In all cases considered force majeure under the law, Power International Export shall not be held liable for any delay, partial performance, non-performance or failure to perform any of its obligations stipulated in this Agreement. In cases of force majeure, delay, partial performance, non-performance or default shall not be deemed to have occurred, and no compensation may be claimed by the User from Power International Export under any heading. The term force majeure shall be interpreted as inevitable events beyond the reasonable control of Power International Export, including but not limited to natural disasters, rebellion, war, strike, cyber-attacks, communication problems, infrastructure and internet malfunctions, cyber-attacks, malfunctions that may occur due to system improvement or upgrading work, power outages, and adverse weather conditions.
10. APPLICABLE LAW AND JURISDICTION
In the application, interpretation, and management of legal relationships arising from this User Agreement, Turkish law shall apply. In the settlement of any dispute that may arise from or in connection with this User Agreement, the Istanbul Courts and Execution Offices shall have jurisdiction.
11. TERMINATION OF THE AGREEMENT
This User Agreement will remain in effect as long as the User accesses the website and/or becomes a member and will continue to produce legal consequences between the parties; it will be considered terminated when the User’s membership period expires, or their membership is temporarily or permanently suspended. Power International Export may unilaterally terminate this User Agreement if Users violate this User Agreement and/or similar rules regarding membership and services within the website, especially in the following cases, and Users will be responsible for compensating all direct or indirect damages incurred by Power International Export due to the termination:
● The User engages in behavior that manipulates the operation of the website using any method,
● The User transfers or allows the use of their created user profile to another person,
● The User engages in activities that violate the rights of third parties.
● Every User who accesses the website and/or becomes a member will be bound indefinitely by the provisions of this Agreement.