PREMIUM MEMBERSHIP and PURCHASE
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.
1.1 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.
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.
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:
means any entity controlling, controlled by or under common control with the
Client or EPC TENDER;
Fees” means the charges and fees specified in the Agreement
payable by the Client to EPC TENDER;
means the entity identified as in the Agreement;
Authorized Signatory” means any individual authorized by the
Client to enter into legally binding agreements on behalf of the Client;
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;
means the legal entity comprising the Client, including the Client’s
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;
EPC TENDER Websites (as varied from time to time by EPC TENDER);
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
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;
has the definition given in Article 1 above;
means all website(s) run by EPC TENDER incorporating any EPC TENDER content;
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
IP Addresses” means the internet protocol addresses listed in
the Agreement and associated with the Client’s premises;
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
Period” means the period of time stated in the Agreement for
which access to the EPC TENDER Sites is granted;
3. SUBSCRIPTION CONTRACT
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
4. RIGHT TO REFUSE ORDERS
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
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.
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 (valid price of the period) + 30 USD for the intermediary bank fees and third party costs.
Premium Membership includes full access for “BUSINESS DEVELOPMENT NEWS” and
5.5 Fees to be transferred to USD Bank Account of EPC TENDER.
Company Name: LEAD EMLAK GIDA MOBILYA BILGISAYAR VE INTERNET HIZMETLERI
Bank Name:T.C. GARANTI BANKASI
IBAN:57 0006 2001 1450 0009 0927 64
6. CONTRACT TERM AND RENEWAL
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
warrant that the information you have given in the Agreement is accurate and
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
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
suspend services or charge for further subscriptions as we see fit.
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
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
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;
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;
of names or likenesses of individuals from content on or in your products;
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
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
(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.
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.
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.
username and password are granted to you solely and you agree not to pass or
transfer it to any third party.
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.
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
(b) Take any
action that imposes an unreasonable or disproportionately large load on the Services
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
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
robot exclusion headers or other similar measures EPC TENDER may use to prevent
or restrict access to, or caching of, the Services.
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
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
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
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
cookies when you log on to our site.
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.
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.
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.
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.
15.1 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
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
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.
LEAD EMLAK GIDA MOBILYA
BILGISAYAR VE INTERNET
HIZMETLERI LTD. STI