guests, it is the contract for wireless or wired internet
access service provided in our establishment’s buildings. Our
guests who want to use this service in the buildings of our
organization must approve this agreement and fully understand
Moowifi İletişim Sanayi Ltd.
Şti. GUEST INTERNET ACCESS AND USE AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY.
THIS AGREEMENT CONTAINS THE NECESSARY RULES
FOR YOU TO BENEFIT FROM Moowifi İletişim Sanayi Ltd. Şti.
HOTSPOT WIRELESS INTERNET ACCESS SERVICE. BY APPROVING THIS
END USER LICENSE AGREEMENT TO USE THE Moowifi İletişim Sanayi
Ltd. Şti. HOTSPOT WIRELESS INTERNET SERVICE, YOU ACKNOWLEDGE
AND AGREE THAT YOU HAVE READ THE AGREEMENT, UNDERSTAND THE
CONTENTS AND AGREE TO THEIR TERMS.
1. SUBJECT OF THE AGREEMENT AND THE
This Internet Usage Agreement (hereinafter
referred to as "AGREEMENT") is between Moowifi İletişim Sanayi
Ltd. Şti (hereinafter referred to as "Moowifi İletişim Sanayi
Ltd. Şti.") and the USER (in this AGREEMENT, USER DOES NOT USE
INTERNET). It refers to YOU, the PROVIDER.), in electronic
media (web site or text document), is read and approved by the
USER, and the PARTIES regarding the use of Moowifi İletişim
Sanayi Ltd. Şti. HOTSPOT wireless internet access (hereinafter
referred to as "HOTSPOT") by the USER’ regulating the rights
and obligations of (All updates that may be published on the
website from time to time by Moowifi İletişim Sanayi Ltd.
Şti., at the sole discretion of Moowifi İletişim Sanayi Ltd.
Şti., are included in this AGREEMENT.)
AGREEMENT, Moowifi İletişim Sanayi Ltd. Şti. and the USER are
collectively referred to as the "PARTIES".
accepts this AGREEMENT with all its provisions when he signs
the item "I have read and accept the Internet Access and Usage
Agreement" with the username or password and password obtained
in the electronic environment (web page). If the USER does not
accept this AGREEMENT, he should not use HOTSPOT. Acceptance
of this agreement on behalf of a legal entity’s official
indicates that you are authorized to do so. In the event that
this AGREEMENT is accepted without authorization, the person
who has acted without authorization will be jointly and
severally responsible for the legal sanctions set forth in
2. RIGHTS AND OBLIGATIONS OF THE USER
receives wireless internet access service related to HOTSPOT.
The rights granted to the USER by Moowifi İletişim Sanayi Ltd.
Şti. regarding HOTSPOT are for non-commercial, non-commercial
use of HOTSPOT only. The USER cannot derive any indirect or
direct income or similar benefit from the use of HOTSPOT.
USER will be able to access the scope of usage rights related
to the HOTSPOT to be used from Moowifi İletişim Sanayi Ltd.
Şti.’s www.ihg.com web address or other web addresses that
Moowifi İletişim Sanayi Ltd. Şti. deems appropriate. With the
acceptance of this AGREEMENT, the scope of usage rights of
this HOTSPOT is deemed to have been accepted by the USER.
Therefore, please read carefully the information about HOTSPOT
by accessing it from the relevant addresses. Moowifi İletişim
Sanayi Ltd. Şti. reserves the right to change the rights
granted to the USER within the scope of usage at any time.
USER may not act or interfere in any way that may damage,
prevent access, overload or damage the sites, goods or
services, software, data or data of Moowifi İletişim Sanayi
Ltd. Şti. or its content, media or platform suppliers,
HOTSPOT. in this way or in a way that prevents third parties
from benefiting from Moowifi İletişim Sanayi Ltd. Şti.
The USER cannot transfer, rent, offer for
use and/or benefit or sell its right granted by this AGREEMENT
to third parties, even free of charge, without the written
consent of Moowifi İletişim Sanayi Ltd. Şti.. The use of
HOTSPOT is always subject to the terms of this AGREEMENT.
2.2. Proper Use
The USER agrees
to use HOTSPOT in accordance with all applicable national and
international legislation, public order and general morality,
rules and laws regarding internet use, and respecting the
rights of third parties. The USER also bears all
responsibility for the detection, listening, evaluation of
signal information and recording of all communications to be
made within the scope of the duties and powers of the
Information Technologies and Communications Authority,
Telecommunications Communication Presidency, and the
Arrangement of Broadcasts on the Internet No. 5651 and Via
These Broadcasts. He accepts and undertakes that he will be
responsible for the use in accordance with the Law on
Combating Committed Crimes and other relevant Laws, the
Regulation on the Procedures and Principles Regarding the
Regulation of Broadcasts on the Internet and other relevant
The USER, to use HOTSPOT for an
unlawful, out of purpose, fraudulent or improper purpose or to
allow any third party to do these, to participate in or
encourage an act in this direction, is a violation of this
AGREEMENT as revised from time to time. may not act in such a
way, make third parties use the rights acquired by the
CONTRACT, or allow or encourage any third party to do these
acts. Moowifi İletişim Sanayi Ltd. Şti. may terminate this
AGREEMENT if these acts are carried out by the USER. In this
case, all other legal rights of Moowifi İletişim Sanayi Ltd.
Şti. are reserved. The USER accepts that the system
adjustments determined by Moowifi İletişim Sanayi Ltd. Şti.
will be valid. Problems and other problems arising from the
USER itself and the devices under its responsibility are the
responsibility of the USER, and no fault or liability can be
attributed to Moowifi İletişim Sanayi Ltd. Şti.. The USER is
obliged to provide a computer that is suitable for internet
connection and a suitable mobile device necessary to benefit
from HOTSPOT. It is the USER’s responsibility to provide
necessary security measures such as firewall and virus
protection to prevent any damage during the HOTSPOT
connection. The USER is responsible for the security and use
of any username and password allocated to the USER for the use
of the services offered by Moowifi İletişim Sanayi Ltd. Şti..
The USER is obliged to immediately notify Moowifi İletişim
Sanayi Ltd. Şti. to change them in case of theft or loss of
their username and password. The administrative, legal,
financial and penal responsibility arising from the
unauthorized use of the password belongs to the USER.
"all user and other names" uploaded to the system by the USER
within the scope of the service received must not violate the
legal rights of third parties such as copyright, trademark,
trade name and business name. In the event that the USER
violates the provision of this article, Moowifi İletişim
Sanayi Ltd. Şti. may request the correction of this situation,
which is contrary to this AGREEMENT, from the USER, or cancel
the USER’s membership temporarily or permanently, if it
wishes, without prior notice to the USER. In the event that
"All User and other names" uploaded to the system by the USER
violate the intellectual and industrial property rights of
third parties, including copyright, trademark, trade name,
business names, the USER will be the sole addressee and
responsible for the third party demands that may arise for
this reason, will indemnify and immediately indemnify Moowifi
İletişim Sanayi Ltd. Şti. against such requests.
questions and problems regarding HOTSPOT, you can visit
https://www.wyndhamhotels.com/tr-tr or call +90 535 979 60 25.
2.3. Financial Liabilities
İletişim Sanayi Ltd. Şti. can give HOTSPOT for a fee or free
of charge. The fee of the service to be provided to the USER
within the scope of HOTSPOT is stated at www.ihg.com when
necessary or on the web page where the USER has accessed and
approved this AGREEMENT. By accepting this AGREEMENT, the USER
is deemed to have accepted to pay the fee for HOTSPOT with a
bank credit card or other relevant payment instrument. The
USER is responsible for the accuracy of the information he/she
has given regarding the payment instrument he/she chooses, and
in case of late collection of the HOTSPOT fee due to incorrect
information and other reasons, a delay interest will be
applied to the related fee.
3. RIGHTS AND OBLIGATIONS OF Moowifi İletişim Sanayi Ltd.
Regarding the HOTSPOT presentation, Moowifi
İletişim Sanayi Ltd. Şti. is free to use any technology it
deems appropriate within the framework of the applications and
service requirements it has determined, and is free to change
the technology it is using at any time. Moowifi İletişim
Sanayi Ltd. Şti. has the authority to make contracts with
third parties or companies for any of its obligations and to
have others partially or completely outsource the maintenance
and operation of Moowifi İletişim Sanayi Ltd. Şti.. Moowifi
İletişim Sanayi Ltd. Şti. may link to other websites and/or
portals, files or content owned and operated by third party
vendors, providers and other third parties that are not under
the control of Moowifi İletişim Sanayi Ltd. Şti.. These links
may have been provided by Moowifi İletişim Sanayi Ltd. Şti.
for ease of reference only and do not constitute a
representation or guarantee of any kind for the purpose of
supporting the website or the person who operates the site, or
for the website or the information it contains. Moowifi
İletişim Sanayi Ltd. Şti. has no responsibility for the
portals, websites, files and content accessed through the
links on the site, the services or products offered from the
portals or websites accessed through these links, or their
In cases stipulated by the laws and
judicial decisions, the USER cannot claim any compensation
from Moowifi İletişim Sanayi Ltd. Şti. under any name,
regarding the listening, recording, storage and surveillance
of the data of HOTSPOT by the third party.
İletişim Sanayi Ltd. Şti. may use the USER traffic information
or the USER information obtained with the permission and
knowledge of the USER before and during the use of HOTSPOT,
for the USER’s safety, fulfilling its own obligations and for
some statistical evaluations indefinitely. By signing this
Agreement, the USER accepts that he/she may market and sell
all kinds of information obtained from Moowifi İletişim Sanayi
Ltd. Şti. himself before or during the use of HOTSPOT, except
for the traffic information arising from the use of the
internet, to third parties as he wishes. Moowifi İletişim
Sanayi Ltd. Şti. may classify this information on a database
and keep it indefinitely.
The USER and Moowifi
İletişim Sanayi Ltd. Şti. are legally independent parties.
There is no partnership, agency or employee-employer
relationship between them.
4. INTELLECTUAL PROPERTY
İletişim Sanayi Ltd. Şti., its
affiliates and subsidiaries and/or content, media or platform
suppliers of Moowifi İletişim Sanayi Ltd. Şti., the owner of
all intellectual and/or industrial property rights on the
content, programs and works obtained with or through HOTSPOT
are the third parties who have rights on the works. The use of
HOTSPOT does not give the USER ownership of any intellectual
and industrial property rights in the content offered with or
through HOTSPOT. The USER may engage in activities that
violate the intellectual and/or industrial property rights of
third parties, including Moowifi İletişim Sanayi Ltd. Şti.
and/or its affiliates and subsidiaries, and/or Moowifi
İletişim Sanayi Ltd. Şti.’s content, media or platform
suppliers. cannot be found.
The USER shall not
change, adapt, translate, sell any element of the content
offered with or through HOTSPOT, prepare derivative or
processed works from this content/product/service, disrupt the
order of this content/product/service, any content, images
used within the scope of this service, agrees not to use,
modify, reverse engineer, or attempt to publish in any medium,
the music work or composition, the words and composition for
purposes other than this AGREEMENT. The USER agrees not to
remove the rights and copyrights, trademarks or other
proprietary rights notices of Moowifi İletişim Sanayi Ltd.
Şti. or third parties who have rights on the works, including
the content, media or platform suppliers of Moowifi, within
the scope of the HOTSPOT Portal or related to HOTSPOT. ,
agrees not to hide or alter it.
The USER, pursuant
to this AGREEMENT, has learned confidential information about
the system, third parties who have rights on the content,
including the content, environment or platform suppliers of
Moowifi, or Moowifi, which are not for the purposes of use of
HOTSPOT, during the use of HOTSPOT. and not to disclose or
disclose partially or completely to third parties directly or
indirectly in any way.
If the USER does not comply
with its commitments and obligations under this article, the
USER will be solely responsible for the claims of third party
companies and third parties, and the compensation requested
from Moowifi due to the damages incurred by third parties,
including but not limited to the licensors of the work and
content. and any other costs, including but not limited to
court costs and attorney’s fees. All rights of Moowifi,
including Moowifi services, Moowifi information, Moowifi
copyrighted works, Moowifi trademarks, Moowifi commercial
appearance or any material and intellectual property rights it
owns. All rights to property, real and personal rights,
commercial information and know-how are reserved.
5. LIMITATION OF LIABILITY
Moowifi is not responsible in any way for
problems or damages that may occur on the part of the USER
during the use of HOTSPOT.
Data loss or computer
system damage caused by HOTSPOT’s incomplete, non-operational
or incorrect operation or acts or actions of third parties or
any other reason arising from the use of HOTSPOT is the
responsibility of the USER, and Moowifi İletişim Sanayi Ltd.
Şti. has no responsibility in this regard. not available. The
USER accepts that it is his/her own responsibility for
providing the necessary security such as firewall and virus
protection to prevent any damage during the HOTSPOT
connection, and Moowifi does not give any guarantee or
commitment to the USER.
Moowifi shall not be liable
in any way for any loss or damage suffered as a result of any
content offered with HOTSPOT, or for errors, damage or
deterioration in images, photographs, software, equipment or
content due to the use of HOTSPOT. Moowifi İletişim Sanayi
Ltd. Şti. reserves the right to make changes to the service
offered through HOTSPOT at any time, at its sole discretion.
It is the
USER’s responsibility to determine whether permissions or
other licenses regarding the rights of the author on the
software or programs and operating systems required for
viewing and/or listening to image, sound and all kinds of
other content via HOTSPOT are required and to obtain these
licenses. If the USER uses HOTSPOT contrary to the provisions
of this AGREEMENT, all responsibility belongs to him and he
will be solely responsible for any damages and losses that may
arise due to this reason, and for any lawsuit, loss or damage
claims filed by third parties, with the permission of Moowifi
İletişim Sanayi Ltd. Şti. itself and Moowifi İletişim Sanayi
Ltd. Şti. will not be a party or interlocutor in any way in
such cases, complaints or similar issues due to the fact that
he does not sell and / or marketing the information he has
obtained with his knowledge, Because of the violation of the
provisions of the CONTRACT by the USER, Moowifi İletişim
Sanayi Ltd. Şti. will not be able to claim any damages. In the
event that Plaza Florya is deemed a party to any lawsuit to be
filed by third parties, and pays any compensation or is put
under any obligation to third parties, it may recourse to the
USER for any damages it may incur, especially the compensation
it has paid, and that Moowifi İletişim Sanayi Ltd. Şti.’s
request on the o It irrevocably declares, accepts and
undertakes to pay the indemnities, damages and expenses,
unconditionally, in full.
user name and/or password and/or mobile phone
and/or e-mail address or Moowifi İletişim Sanayi Ltd. Şti.
Service number, HOTSPOT user name and/or HOTSPOT password
entered by the USER for authentication while logging in to
HOTSPOT are correct, secure, and stored, The USER is entirely
responsible for any issues related to keeping the information
of third parties away from and using it, and Moowifi İletişim
Sanayi Ltd. Şti. is not responsible for accessing HOTSPOT on
behalf of the USER, through inaccuracies in the information
entered and/or using the USER’s information by
capturing/learning by someone else. User’s and/or users’
access to HOTSPOT (username and/or password and/or mobile
phone and/or e-mail address, etc.) Moowifi İletişim Sanayi
Ltd. Şti. does not have any direct or indirect responsibility
for the damages incurred or to be incurred by third parties.
In this context, the USER receives damages, compensation, etc.
from Moowifi İletişim Sanayi Ltd. Şti.. no claim under any
The USER, on the other hand,
agrees and undertakes to keep this AGREEMENT and any
information he/she learns about Moowifi İletişim Sanayi Ltd.
Şti. confidential indefinitely, regardless of the termination
of this AGREEMENT for any reason.
8. CONNECTIVITY AND
The USER can access HOTSPOT using x-DSL, ISDN or
other connection methods using a personal computer. It is the
USER’s responsibility to provide devices suitable for
accessing WIPSPOTTER. Moowifi İletişim Sanayi Ltd. Şti. is not
responsible in any way for the limitation of the
Moowifi İletişim Sanayi Ltd. Şti.
uses all technical possibilities to keep HOTSPOT accessible at
all times. However, HOTSPOT may not be accessible during
routine maintenance and upgrade due to reasons not affected by
Moowifi İletişim Sanayi Ltd. Şti., network maintenance-repair
works, operational failures, problems arising from other
processor networks (force majeure, fault of third parties,
etc.). Moowifi İletişim Sanayi Ltd. Şti. is not responsible
for the cases where there is no or proper access to HOTSPOT
for the reasons listed, and for this reason, the USER cannot
make any claims from Moowifi İletişim Sanayi Ltd. Şti. for
expenses, compensation or under any name whatsoever. Moowifi
İletişim Sanayi Ltd. Şti. reserves the right to restrict
access at any time in order to protect user information,
network security and HOTSPOT software.
9. CONTRACT CHANGES
İletişim Sanayi Ltd. Şti. may, at its
sole discretion and unilaterally, amend this AGREEMENT at any
time it deems appropriate. The changed provisions of this
AGREEMENT will become valid on the date they are announced on
the web page or welcome page of HOTSPOT; The USER is deemed to
have accepted the changes in this AGREEMENT after the changes
are published on the web or page of Moowifi İletişim Sanayi
Ltd. Şti. related to HOTSPOT. We recommend that you review
this AGREEMENT frequently in order to be aware of these
changes. The remaining provisions will remain in effect and
will continue to have their provisions and consequences. This
AGREEMENT cannot be changed by the USER’s unilateral
10. FORCE MAJEURE
In all cases deemed ’force majeure’
Moowifi İletişim Sanayi Ltd. Şti. is not liable for late or
incomplete performance or non-performance of any of its
obligations set out in this AGREEMENT. These and similar
situations shall not be deemed as delay, incomplete
performance or non-performance or default for Moowifi İletişim
Sanayi Ltd. Şti., or no compensation can be claimed from
Moowifi İletişim Sanayi Ltd. Şti. under any name for these
cases. The term "force majeure" includes, but is not limited
to, natural disasters, riots, wars, strikes, communication
problems, infrastructure and internet failures, interruptions
and restrictions imposed by the authorities, power outage and
bad weather conditions. will be interpreted as events beyond
his reasonable control and which he could not prevent despite
showing due diligence, and which cannot be avoided.
11. MISCELLANEOUS PROVISIONS
This AGREEMENT and its implementation,
interpretation, management of legal relations arising under
its provisions and resolution of disputes shall be subject to
Turkish Law. The PARTIES agree that Ankara Central Courts and
Enforcement Offices are authorized for disputes arising from
the implementation of this AGREEMENT.
If, as a
result of a lawsuit that is the subject of this AGREEMENT, the
competent court decides that any provision or part of this
AGREEMENT is invalid, the other provisions and parts will be
valid and remain in effect.
Moowifi İletişim Sanayi
Ltd. Şti. may transfer, assign or sub-contract its obligations
or rights under this AGREEMENT, in whole or in part, at its
Any waiver of rights to be
enforced regarding violations of the provisions of this
AGREEMENT or defaults under this AGREEMENT shall not enter
into force unless such waiver is in writing and signed by the
waiver. A waiver of any breach or default will not constitute
a waiver of any subsequent breach or default.
disputes between the parties, Moowifi İletişim Sanayi Ltd.
Şti. records will be taken as a basis. The USER agrees that
Moowifi İletişim Sanayi Ltd. Şti.’s commercial books and
records, computer records, e-mails, microfilms, sound
recordings, invoice information and all kinds of documents
shall constitute valid, binding and definitive evidence in all
disputes arising from the implementation of this AGREEMENT,
Moowifi İletişim Sanayi Ltd. Şti. He accepted that he had
voided Florya’s oath proposal and that this article was a
contract of evidence written in Article 287 of the HUMK.
12. EFFECTIVENESS AND TERMINATION OF THE AGREEMENT
As soon as the USER
declares that he accepts this
AGREEMENT by clicking on the relevant menu in the electronic
environment, he is deemed to have accepted the conditions set
forth in this AGREEMENT and this AGREEMENT enters into force
between the PARTIES indefinitely.
From the date of
approval of this AGREEMENT, the USER agrees to immediately
indemnify any damages and losses incurred by Moowifi İletişim
Sanayi Ltd. Şti. and/or third parties due to acts contrary to
the rights and obligations set forth in the AGREEMENT and/or
failure to fulfill its obligations and commitments, and