Guest Internet Usage Agreement
For Simet 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 its contents.
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 PARTIES
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.)
In the AGREEMENT, Moowifi İletişim Sanayi Ltd.
Şti. and the USER are collectively referred to as the "PARTIES".
The
USER 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 this AGREEMENT.
2. RIGHTS AND OBLIGATIONS OF THE USER
2.1. Non-Commercial Use
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.
The 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.
The
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.
services.
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 regulations.
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.
The
"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.
For 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
Moowifi 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. Şti.
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 content.
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.
Moowifi 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
Including
Moowifi 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 any 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.
6. COMPENSATION
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.
7. DATA PRACTICES AND PRIVACY POLICY
The 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 name
whatsoever.
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 ACCESSIBILITY
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 function/image.
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
Moowifi 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 statements.
10. FORCE MAJEURE
In all cases deemed ’force majeure’ legally, 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
sole discretion.
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.
In
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 commits.