Terms of Use
These Terms and Conditions of Use (the "Terms of Use") apply to ERGUVAN CARBON OFFSETTING SOLUTIONS INC. website located at www.erguvan.co (its called, the "Site"). The Site is the property of ERGUVAN CARBON OFFSETTING SOLUTIONS INC. ("Erguvan") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Erguvan reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Erguvan grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, trademarks, logos and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Erguvan, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Erguvan’s express prior written consent.
Your Use of the Site
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Erguvan reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Erguvan or AWS(Amazon Web Services) server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Erguvan, including any account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Erguvan or any customer of Erguvan.
Accounts, Passwords and Security
Services offered on or through the Site require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Erguvan immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Erguvan or any other user of the Site due to someone else using your ID, password or account as a result of your failing to keep your account information secure and confidential.
Erguvan cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Privacy
Privacy and Data Protection Policy is an integral part of this document.
Disclaimers
Erguvan does not promise that the site or any content or any services of Site will be error-free or that any defects will be corrected, or that your use of the site will provide specific results. All information provided on the site is subject to change without notice.
Erguvan disclaims all warranties,Express or implied, including any warranties of accuracy, non infringement, merchantability and fitness for a particular purpose. Erguvan disclaims any and all liability for the acts, omissions and conduct of any third parties in connection to your use of Site.
You assume total responsibility for your use of the Site.
If you have dissatisfaction with the Site the only thing that you can do is stop using the Site.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Erguvan reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Erguvan be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Erguvan has been advised of the possibility of such damages.
Indemnity
You agree to indemnity and hold Erguvan, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Erguvan by any third party due to or arising out of or in connection with your use of the Site.
Violation of These Terms of Use
Erguvan reserves the right at all times to disclose any information that Erguvan deems necessary to comply with any applicable law, regulation, legal process or governmental request. Erguvan may disclose your information when Erguvan determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Erguvan may, without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use.
You agree that Erguvan may, without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or (4) unexpected technical issues or problems.
If Erguvan does take any legal action against you as a result of your violation of these Terms of Use, Erguvan will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Erguvan. You agree that Erguvan will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Governing Law and Dispute Resolution
In the event of any controversy or dispute between Erguvan and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the disputes arising from or in connection with this terms of use Swiss Law will be applied.
All disputes arising out of or related to this Agreement will be finally settled by ISTAC by arbitration in accordance with the Arbitration Rules of the Istanbul Arbitration Center (ISTAC). The arbitration language will be English. The place of arbitration is Istanbul/Turkey. The number of referees will be applied as stipulated in the ISTAC Rules.