Motoryacht / Catamaran Charter
TERMS OF USE
Please carefully read these “terms of use” before using our website. Customers who use and shop on this e-commerce site are assumed to have accepted the following terms:
www.kayayachting.com.tr web pages and all affiliated pages are owned by Kaya Yachting company at the address of www.kayayachting.com.tr and operated by it.
You (will be referred as “the User” from now on) acknowledge that you are subject to the following terms while using all the services offered on this site, and by benefitting from and continuing to use the services on the site, you are deemed to have the right to sign the contracts according to the laws you are bound to, to have the authority and legal capacity to be over 18 years old, to have read, understood and accepted the terms stated in this contract.
This contract imposes rights and obligations related to www.kayayachting.com.tr to the parties, and when the parties accept this contract, they declare that they’ll fulfill the mentioned rights and obligations completely, accurately and timely, including the requested in this contract.
1. RESPONSIBILITIES
a. The company reserves the right to change prices, products and services offered at any time.
b. The company undertakes to provide the member with the contacted services, except for technical malfunctions.
c. The user agrees that they will not reverse engineer the site, nor engage in any other process to find or obtain the source code. Otherwise, they will be responsible for any damages that may occur, and legal and criminal proceedings may be initiated against them.
d. The user agrees not to produce or share content within the site’s activities, any part of the site, or communications that are contrary to general morality and decency, unlawful, violating the rights of third parties, misleading, aggressive, obscene, pornographic, infringing on personality rights, violating copyright or encouraging illegal activities. Otherwise, they are entirely possible for any damage that may occur, and the site authorities reserve the right to initiate legal proceedings. Therefore, if requests for information about the activities or user information come from judicial authorities, they reserve the right to share such information.
e. The relations with the user and third parties are their own responsibility.
2. INTELLECTUAL PROPERTY RIGHTS
a. All intellectual property rights whether registered or unregistered, such as title, business name, trademark, patent, logo, design, and method, located on this site belong to the site operator and the owner of the company or the specified relevant party and are protected under national and international law. Visiting www.kayayachting.com.tr or benefitting from the services on www.kayayachting.com.tr does not grant any rights regarding to these intellectual property rights.
b. Information on www.kayayachting.com.tr cannot be reproduced, published, copied, presented and/or transferred in any way. The whole or any part of the www.kayayachting.com.tr cannot be used on another website without permission.
3. CONFIDENTIAL INFORMATION
a. Kaya Yachting will not disclose the personal information transmitted by the user through www.kayayachting.com.tr to third parties. This personal information, including any other information that identifies the user, such as name, address, phone number, mobile phone, and e-mail address will be referred as “Confidential Information”.
b. The user acknowledges and declares that they consent to the company that owns the www.kayayachting.com.tr sharing its own contact, portfolio status, and demographic information with its affiliates or group companies, only limited to use within the scope of promotional, advertising, campaign, promotion, announcement, marketing activities etc. These personal details may be used within Kaya Yachting to determine customer profiles, offer promotions, and campaigns suitable for customer profiles, and conduct statistical studies.
c. Confidential information may only be disclosed with official authorities in cases where the authorities request these information in accordance with the procedure and in cases where disclosure to official authorities is mandatory under the current mandatory restriction.
4. NO GUARANTEE
a. The Kaya Yachting Contractual Clause will be valid to the maximum extent permitted by applicable law. The services provided by the company are offered “AS IS” and “AS AVAILABLE” basis, and no warranties, express or implied, including merchantability, suitability for a particular purpose, or non-infringement are provided in relation to the services or application (including all information contained therein).
5. REGISTRATION AND SECURITY
a. The User must provide accurate, complete and up to date information. Otherwise, this contract will be considered violated, and all services provided to the user may be suspended without notification. The user is responsible for the security of the passwords, accounts and information registered to the site and third-party sites. Kaya Yachting cannot be held responsible for data losses, security breaches or damage to hardware and devices.
6. FORCE MAJEURE
a. If obligations arising from the contract become impossible for reasons beyond control of the parties, such as natural disasters, fires, lockouts and epidemics (collectively referred to as “Force Majeure”), the parties are not considered responsible. During this period, the rights and obligations arising from this agreement are suspended.
7. INTEGRITY AND APPLICABILITY OF THE CONTRACT
a. If one of the terms of the Kaya Yachting Contract becomes invalid in whole or in part, the rest of the contract will continue to be valid.
8. CHANGES TO THE CONTRACT
a. Kaya Yachting may change the services offered on the site and the contract terms partially or entirely at any time. Changes will be effective from the date they are published on the site. It is the user’s responsibility to follow these changes. By continuing to use the services on the site, the user is deemed to have accepted these changes.
9. NOTIFICATION
a. All notifications related to Kaya Yachting Contract to the parties will be made through Kaya Yachting’s known e-mail address and the e-mail address specified by the customer. The user acknowledges that the e-mail address specified during registration to the services provided by the web site is the valid notification address, and if the e-mail address changes, they will inform the other party within 5 days by writing, otherwise, notifications to the address will be deemed valid.
10. EVIDENCE AGREEMENT
a. In any disputes between parties regarding transactions related to the Kaya Yachting Contract, the company books, records, computer records and fax records will be accepted as evidence in accordance with Article 6100 of the Code of Civil Conduct Procedure, and the user agrees not to object to these records.
11. DISPUTE RESOLUTION
a. For the resolution of any dispute arising from or related to the application or interpretation of the Kaya Yachting Contract, the Courts and Enforcement Offices of Fethiye (Center) are authorized.