Terms and Conditions

PREMIUM MEMBERSHIP and PURCHASE AGREEMENT

This is the agreement which sets forth the following conditions regarding the use of EPC TENDER’s online and digital services (the “Services”) (including but not limited to applications available thereon) based on the premium membership provided by the website EPC TENDER that is a service of LEAD EMLAK GIDA MOBILYA BILGISAYAR VE INTERNET HIZMETLERI LTD. STI.

 1. INTRODUCTION

1.1 These terms and conditions, along with the Website Terms (together, the “Agreement”) govern any subscription content together with any ancillary products and services, in any form and in any way provided to the Client, by EPC TENDER and purchased in accordance with the Agreement.

1.2 Your acceptance of the Agreement constitutes a subscription to use the Services pursuant to the terms of this Agreement and accessing and using the Services; you confirm your agreement to be bound hereby under the following terms.

2. DEFINITIONS

 2.1 All references to “us”, “our” and “EPC TENDER” in this Agreement are intended to refer to EPC TENDER (as defined above) and its affiliates. All references to “you”, “your” and “user” in this Agreement are intended to refer to the Client and all authorized users.

2.2 In the Agreement, the following definitions shall have the following meanings:

Affiliate” means any entity controlling, controlled by or under common control with the Client or EPC TENDER;

Charges and Fees” means the charges and fees specified in the Agreement payable by the Client to EPC TENDER;

Client” means the entity identified as in the Agreement;

Client Authorized Signatory” means any individual authorized by the Client to enter into legally binding agreements on behalf of the Client;

Confidential Information” means all non-public information in any form, furnished or made available in connection with the Agreement by or on behalf of one party (“Disclosing Party”) to the (“Receiving Party”) which is marked confidential or restricted, or would be understood by a reasonable person in the Receiving Party’s position to be confidential; Effective Date means the date when the purchase is made by the Client based on the Agreement;

Entity” means the legal entity comprising the Client, including the Client’s Affiliates;

Notice of Cancellation” means written notice of termination of the Agreement served by the Client Authorized Signatory or EPC TENDER on the other party no later than 90 days prior to the next Renewal Date;

Privacy Policy” means the EPC TENDER privacy policy as published on the EPC TENDER Websites (as varied from time to time by EPC TENDER);

Renewal Date” means the date on which each Renewal Term shall commence and being the date following the last day of the Term and each anniversary thereof;

Renewal Term” means in relation to the Agreement for EPC TENDER content and/or EPC TENDER Services each automatic period of renewal following the Term which will have a duration equivalent to the Term for that Agreement;

Services” has the definition given in Article 1 above;

Sites” means all website(s) run by EPC TENDER incorporating any EPC TENDER content;

User” means each employee, consultant or contractor of the Client who has been nominated by the Client and agreed with EPC TENDER to have access to or otherwise be supplied with the EPC TENDER Sites and content subscribed for by the Client;

Registered IP Addresses” means the internet protocol addresses listed in the Agreement and associated with the Client’s premises;

Website Terms” means the website terms governing use of the Sites as published on the Sites (and as may be varied from time to time by EPC TENDER upon posting on the Sites);

EPC TENDER Authorized Signatory” means any individual on the EPC TENDER executive team authorized to enter into legally binding agreements on behalf of EPC TENDER;

Subscription Period” means the period of time stated in the Agreement for which access to the EPC TENDER Sites is granted;

3. SUBSCRIPTION CONTRACT

 3.1 When you telephone, e-mail, submit order online by clicking on the “Submit Order” button, post or fax us with details of your order, you are making an offer to take out a subscription which, if accepted by us in writing to you, will result in a binding contract.

3.2 Upon receiving the Order Confirmation of your subscription order, we agree to grant you access to your EPC TENDER Subscription features along with access to www.epctender.com with a username and password for the period of subscription subject to Article 5 with 1 user per one order.

4. RIGHT TO REFUSE ORDERS

 4.1 We reserve the right not to accept or process your subscription order for any reason. All orders are subject to validation checks and authorization.

4.2 We reserve the right not to fulfil, and to cancel, orders if we are unable to obtain payment authorization from the issuer of your bank transfer or in the event of errors or mistake in advertised prices or your application.

5. FEES, PAYMENT TERMS & MEMBERSHIP ACTIVATION

 5.1 You agree to pay to EPC TENDER, in advance, the non-refundable fee (the “Fee”) for access to the Services as specified in the Agreement. All invoices, if applicable, in respect of the Fee are due and payable by you within 15 days of the date of the relevant invoice. You acknowledge that access to the Services may not be granted until payment of any Fee is received by EPC TENDER.

5.2. After payment is received by EPC TENDER (LEAD EMLAK GIDA MOBILYA BILGISAYAR VE INTERNET HIZMETLERI LTD. STI) client’s annual term on PREMIUM membership will be activated within 3 days via e-mail with an activated username & password.

5.3. This password & username shall be only valid for single user to log in with three devices at most with a maximum limit of 600 projects per month.

5.4. Annual fee for a PREMIUM membership is 950 USD + 30 USD for the intermediary bank fees and third party costs. Premium Membership includes full access for “BUSINESS DEVELOPMENT NEWS” and “ACTIVE TENDERS”.

5.5 Fees to be transferred to USD Bank Account of EPC TENDER.

Company Name: LEAD EMLAK GIDA MOBILYA BILGISAYAR VE INTERNET HIZMETLERI LTD. STI

Bank Name:T.C. GARANTI BANKASI

Branch:Cayyolu

Account no:1145/9092764

Swift Code:TGBATRISXXX

IBAN:57 0006 2001 1450 0009 0927 64

 

6. CONTRACT TERM AND RENEWAL

 6.1 This Agreement shall commence on the date on which EPC TENDER accepts and provides you with written Confirmation of your order and from the date you and any authorized users shall have access to the Services in accordance with the Agreement.

6.2 All our subscription contracts are for annual period including subscriptions which begin with introductory rates. For any renewal EPC TENDER will process the new period upon customer’s approval. EPC TENDER will be liable for sending project updates and e-mails regularly 3 times per month during subscription process.

 7. REGISTRATION

 7.1 You warrant that the information you have given in the Agreement is accurate and complete.

7.2 It is your responsibility to update your registration data and promptly notify EPC TENDER of any changes to your information by contacting your sales contact.

7.3 To use the Services, you must provide EPC TENDER with accurate and complete registration information.

7.4 As part of the registration process EPC TENDER shall assign you, or at the discretion of EPC TENDER, shall allow you to select, a user name and password. Each registration is for a single user only.

7.5 EPC TENDER does not permit any sharing of a user name and password or access to the Sites through a single name or email address being made available to multiple users on a network. Sharing access to one account with multiple users is deemed a serious breach our terms of use and copyright and we shall have the right to suspend services or charge for further subscriptions as we see fit.

7.6 By activating a user’s access, the Client and the User agrees that he will not allow others to use his user name and password and he is solely responsible for maintaining the confidentiality and security of his account. The Client agrees to notify EPC TENDER immediately of any unauthorized use of user name and password.

8. TERMS OF USE

 8.1 EPC TENDER hereby grants you a non-transferable, limited license to do the following, solely for your product design, development, inspiration, research and manufacturing purposes: view, download and print such content and create derivative works of pictorial works such as images, photographs, graphics, pictures, illustrations, and designs included within the content and use such works and your derivative works thereof on or in your products; provided, however your use is limited to non-commercial use only.

(a) Save in respect of items clearly marked “downloadable”, the following are strictly forbidden and represent a breach of this Agreement, unless prior written consent is obtained from EPC TENDER or the relevant third-party content provider:

(i) Incorporation of content in promotional items (including greeting cards, t-shirts, postcards, posters, phone cards, credit cards, templates, CD covers, cassette covers, board games, and calendars), magazines, newspapers, advertising, editorials, catalogs, flyers, brochures, disposable packaging, book covers, and educational textbooks;

(ii) Incorporation of content in any electronic or digital materials including screensavers, electronic greeting cards, websites, broadcast video, and multimedia including film and video, and CD ROMs;

(iii) Resale of content in its original condition or in a digitally manipulated form;

(iv) Incorporation of names or likenesses of individuals from content on or in your products;

(v) Incorporation of distinctive locations, buildings, businesses, personal property or products from content on or in your products;

(vi) Use of EPC TENDER or third-party trademarks, trade names or service marks on or in your products;

(vii) Distribution of content to parties outside of the Client organization. However, you may provide pictorial works such as images, photographs, graphics, pictures, illustrations, and designs included within content to your suppliers, vendors, independent contractors and consultants for the sole purpose of aiding you in connection with your product design, development, inspiration, research and manufacturing requirements only. The sharing of such works for the purposes stated in this paragraph, is at your discretion but in no way absolves you from the full responsibilities for all terms and conditions contained within this Agreement; or

(viii) Use, or permitting the use of, data or information on the Sites for generating any statistical information which is sold, rented published, furnished or in any manner provided to a third party.

(b) EPC TENDER may provide news e-mail service or other prompts to new content. Your use of the content received through the e-mail news service will be subject to the terms and conditions of this Agreement.

(c) Copyright in any software that is made available to you for download from the Services belongs to EPC TENDER or its software suppliers. You may not install or use these software unless you agree to be governed by the terms of any license agreement that accompanies or is included with these software.

(d) You acknowledge that the content is only for your general information and use and does not constitute any form of advice, recommendation or arrangement by EPC TENDER and is not intended to be relied upon by you in making any specific business or investment decisions. Any reliance by you upon any advice, opinion, statement or other information displayed or distributed through the Sites is at your sole risk.

(e) Any use of the Services other than as specifically permitted above is prohibited.

8.2 Your username and password are granted to you solely and you agree not to pass or transfer it to any third party.

8.3 You acknowledge and agree that we and our licensors own all intellectual property rights for the content delivered via the Services and all information accessed thereon. Except as expressly stated in this agreement, this agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the services, trademarks, information or articles delivered via the Services.

9. TECHNOLOGY

 You acknowledge that the software, inventions, know-how, databases, data compilations, methods, processes, designs and architecture underlying the Services are protected by intellectual property rights. You agree that you will not and will not allow any third parties to:

(a) Use any device, robot, spider, other automatic software or device, or any manual process, to interfere or attempt to interfere with the proper working of the Sites, or to monitor use of the Sites, without EPC TENDER’s prior written permission;

(b) Take any action that imposes an unreasonable or disproportionately large load on the Services infrastructure;

(c) Decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas or algorithms or file formats or programming or interoperability interfaces of the technology indicated under Article 9 (except e the foregoing restrictions shall only apply to the extent they are allowable under applicable law);

(d) Use any network monitoring or discovery software to determine the Services architecture, or extract information about usage, individual identities or users;

(e) Circumvent, disable, or otherwise interfere with security-related features of the Services, including any features designed to prevent, limit, or restrict use or copying of any content; or

(f) Bypass robot exclusion headers or other similar measures EPC TENDER may use to prevent or restrict access to, or caching of, the Services.

10. DISCLAIMERS

THE SITE, INCLUDING CONTENT, IS PROVIDED “AS IS”, WITHOUT WARRANTY OR ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY REGARDING CONTENT, SERVICES, UNINTERRUPTED ACCESS, PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE, RESULTS OF USE OF THE SITE OR ANY SOFTWARE LICENSED TO YOU, OR THE AVAILABILITY OR ACCURACY THEREOF. SPECIFICALLY, EPC TENDER DISCLAIMS ANY WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.

11. DELIVERY OF MATERIALS IN HARD COPY

 11.1 If the delivery of any materials in hard copy forms part of the Services we will deliver the relevant material to the address you supply to us when you place your order.

11.2 You agree that we will not be responsible for failure to deliver the relevant material if you have supplied us with an incorrect address.

11.3 We reserve the right to dispose of any such materials without an obligation to refund you or any other person if they are returned to us and despite efforts to contact you we do not receive correct address details.

12. IP ADDRESSES AND COOKIES

 12.1 We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

12.2 For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer or other internet-enabled device. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalized service. They enable us to estimate our audience size and usage pattern; to store information about your preferences, and so allow us to customize our site according to your individual interests; to recognize you when you return to our site.

12.3 You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

12.4 Please note that our advertisers may also use cookies, over which we have no control.

13. GENERAL

13.1 This Agreement, together with any documents referred to herein or required to be entered into pursuant to these terms and conditions, contains the entire agreement and understanding between us and supersedes all prior agreements, understandings or arrangements (both oral and written) relating to the subject matter of these terms and conditions and any such document.

13.2 You accept that communication with us may be electronic. We may contact you by email or provide you with information by posting notices on the websites or services provided by EPC TENDER. You agree this is electronic means of communication and you acknowledge that all such communications that we provide to you electronically comply with any legal or contractual requirement that such communication be made in writing.

13.3 You acknowledge that in placing an order you have not relied on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person other than as expressly set out in these terms and conditions.

13.4 You may not assign, sub-license, sub-contract or otherwise transfer to any third party (including any group company) your rights and/or obligations under these terms. We may assign, sub-license, sub-contract or transfer our rights to any third party at any time.

14. CONFIDENTIALITY

 14.1 Each party shall treat in confidence all information obtained from the other pursuant to this Agreement that is confidential in nature and shall use such confidential information solely for the purpose of exercising its rights or performing its obligations under this Agreement.

14.2 Each party shall only disclose such confidential information: (i) to those of its employees who may reasonably need to know the same to the extent required for the proper performance of this Agreement; and/or (ii) to the extent that such confidential information is required to be disclosed by law.

15. DATA PROTECTION AND PRIVACY POLICY

15.1 We use any personal and transitional information (e.g. Name, address, e-mail, address) you supply to us in order to fulfil your subscription, and to contact you to renew your subscription.

15.2 We might only use your general contact details such as names, e-mail addresses, phone numbers in the system to present only to other members. But we won’t be using your other personal details such as bank information or any other financial data to the extent that such confidential information is required to be disclosed by law or a legal request from judicial authorities.

16. GOVERNING LAW AND JURISDICTION

16.1 The Agreement shall be governed by, and construed in accordance with, the laws of Turkey and the courts of Turkey shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the Agreement.

Acknowledged an agreed:   

Date:  ____________________________________________

LEAD EMLAK GIDA MOBILYA                                                          

BILGISAYAR VE INTERNET                           

HIZMETLERI LTD. STI                              

                  

By:                                                                By:                                        

Name:                                                          Name:

Title:                                                            Title: