USER AGREEMENTThis User Agreement (“Agreement”) is signed by Kito Pet Pet Urunleri Ticaret A.Ş., located in Istanbul. (the “Company”) and the user (“User”) who is a member of the website at the www.kito.pet.com internet address (“Site”), was established and entered into force upon the User's approval of the Agreement in electronic environment.
SUBJECT AND SCOPE OF THE AGREEMENTThe subject of this Agreement; Outlining the procedures and principles regarding the products, discounts, prices, photos, pictures, texts, videos and other content (collectively “Content”) accessed from the Site and shared on the Site, is to determine the terms and conditions for benefiting from the services and to regulate the rights and obligations of the Parties in this direction. All kinds of rules, announcements and declarations presented on the Site regarding the use or conditions of the Site shall be deemed an integral part of this Agreement, and with this Agreement, the User shall accept any and all rules, announcements, accepts the warning and statement in advance.
Rights and liabilities of the parties
2.1. The User accepts and declares that he/she knows that he/she must approve this Agreement by providing the information requested by the Company in a complete, accurate and up-to-date manner in order to benefit from the Site, and that the Company may request additional information and documents from the User if it wishes. If the User enters the Site through his social media account, he/she accepts that he/she gives the Company the necessary authorization and permissions to access the relevant account within the scope of this Agreement.
2.2. In case of any change in the information provided during the establishment of the User status or at other times to benefit from the services offered on the Site, the User shall immediately update the said information. The Company is not responsible for the inability to benefit from the Site due to incomplete or untrue information or out-of-date information.
2.3.The User declares that he has the legal capacity to conclude this Agreement. The user may not transfer their created accounts, user name and password and membership profiles to another user under any conditions or allow their use by third parties.
2.4. The user is personally responsible for the use and management of all information, including the accounts, user name and password that allow the use of the Site. Every transaction performed with the User's account, user name and password will be deemed to have been carried out by the User himself, and the User will be solely responsible for the damages incurred by the User and/or third parties due to the use, loss or change of hands by a person other than the User. When the User becomes aware of the unauthorized use of his password or any other breach of security, he shall immediately notify the Company of this situation.
2.5. The user will comply with this Agreement, the conditions that may be published on the Site from time to time, the law, morality and good manners, honesty principles, in all transactions to be performed on the Site, and in behaviors that may prevent the functioning of the Site by any method, infringe the rights of third parties or in danger of violating them. will not act.
2.6. All rights to the software, images and designs, texts, logos and graphics on the Site belong to the Company. Copying and/or using the information and/or software used in the design, content and database creation of the Site beyond making use of the Site, all kinds of pictures, texts, images, files, etc. within the Site. Copying, distribution, processing and other use of the data and Content is strictly prohibited. In addition, Users (i) take any action that may threaten the security of the Site, prevent the operation of the software belonging to the Site or prevent other Users from benefiting from the Site, (ii) place a disproportionate load on the Site in such a way as to give these results, accessing, copying, deleting, modifying or attempting to access the information and Content published on and/or entered by others; (iii) Take actions that threaten the general security of the Site and/or harm the Site, the Company and other Users; (iv) Using, trying to use software that will prevent the Site and the software used, or disrupting the operation of all kinds of software, hardware and servers, causing them to break down, reverse engineering, organizing attacks, occupying or otherwise interfering with the Company's servers, work is strictly prohibited.
2.7. The Content on the Site is shared exclusively by the Company or the third parties with whom the Company has contracted, and the User, including the accuracy, quality, originality, accuracy and completeness of the written and/or visual explanations, of the Content shared on the Site. accepts that the Company is not responsible for any matter and has no obligation to undertake or guarantee them.
2.9. The User accepts that access to the Site may be temporarily blocked for the implementation of improvements and other changes to be made on the Site.
2.11. All kinds of legal, administrative and criminal responsibility arising from the use of the Site and the realization of the relevant transactions through the Site belong to the User. The Company cannot be held responsible in any way, directly and/or indirectly, for any damages incurred or to be incurred by third parties as a result of the User's activities on the Site and/or during the transactions and/or illegal acts of this Agreement. Any kind of request from third parties in this context and any damages incurred by the Company due to the User's failure to fulfill his obligations set forth in the Agreement or the relevant legislation will be recourse to the User in order to be paid at the first request together with the accessories.
2.12. The User accepts, declares and undertakes that the sale of the products on the Site is subject to the acceptance of a separate contract, that the products in the shopping cart are not kept for the User until the purchase is completed, and that the provisions in the relevant consumer legislation are applied regarding the sales made through the Site.
2.13. In cases where the user provides services on the Site as an intermediary service provider, all kinds of objections, questions, problems, complaints, stocks, etc., regarding the goods and services offered through the Site and/or by third parties, especially the Law No. 6502 on the Protection of Consumers. The user is the only addressee regarding applications and disputes regarding the safe execution of payment transactions, returns regarding the goods or services offered, claims for defective goods or services, product/service return and exchange requests, and the party offering the relevant product or service. It accepts, declares and undertakes that it knows that the Company is not a party to transactions related to products and services offered by third parties, and that it does not carry out any transactions arising from the relevant legislation.
Limitation of Liability
3.1. The Company, entering the Site, the Site or the information and other data on the Site, programs, etc. is not responsible for any direct or indirect damages that may arise out of gross negligence, due to breach of the Agreement, tortious act or other reasons, due to the use, use of the services or the Content shared on the Site. As a result of breach of the Contract, tort, negligence or other reasons; does not accept any responsibility for error, negligence, deletion, loss, delay of the transaction or communication, computer virus, communication error, theft, destruction, unauthorized entry, modification or use of records. All kinds of damages and claims of the Company, including court costs and other expenses, that may arise as a result of accessing the Site or the linked sites, using the Site and the User's visit and use of the Site. is deemed to have been made.
3.2. ANY RISK REGARDING THE USER'S USE OF THE SITE, USING THE SERVICES OR BENEFIT FROM THE SHARED CONTENT SHALL BE ON THE USER EXCLUSIVELY. THE USER MAY NOT CLAIM ANY REQUEST FROM THE COMPANY WITH REGARD TO THE USE OF THE SITE AND THE CONTENT SHARED ON THE SITE, UNDER ANY CHARGE UNDER THE COMPANY, AND THE COMPANY'S CONTENT STATEMENT IS DECLARED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL HAVE THE RESULT OF THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF GOODWILL, AND GOODWILL, BY SHAREING THE CONTENT, DUE TO USERS. THE SITE AND THE PRODUCTS, SERVICES, AND OTHER CONTENT PROVIDED THROUGH THE SITE ARE PROVIDED "AS IS", AND THE COMPANY SHALL HAVE NO RESPONSIBILITY REGARDING THE ACCURACY, COMPLETENESS, AND RELIABILITY. THE COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT UNDER THIS AGREEMENT.
3.3. The user may provide links to other websites and/or platforms, files or content that are not under the control of the Company, to provide services belonging to third parties and to support the website or operator/service provider to which such links are directed, or to support the website or its content. It accepts and declares that it does not constitute any kind of declaration or guarantee regarding the information, and that the Company has no responsibility for the platforms, websites, files and content, services or products accessed through the mentioned links, or their content.
3.4. The User, the Site and the access to the content offered on the Site and the quality of them largely depend on the quality of the service provided by the relevant internet service provider, and that the Company has no responsibility for the problems arising from the quality of the service in question, that the functioning of the Site is free from defects and that from time to time acknowledges and declares that he/she knows that he/she may encounter technical difficulties or access barriers.
3.5. The User acknowledges that the Company does not guarantee that there will be no viruses, worms or other attacks and unauthorized access to the Site, or that no information will be transferred to or from the Site.
In all cases deemed as force majeure, the Company cannot be held responsible for late or incomplete performance or non-performance of any of its obligations specified in this Agreement. force majeure; natural disasters, riots, wars, strikes, lockouts, failures caused by telecommunications infrastructure, power outages and bad weather conditions, including but not limited to events that occur outside the reasonable control of the relevant Party. During the force majeure, the actions of the Parties are suspended. In case the force majeure lasts longer than 1 (one) month, the rights of this Contract may be terminated by the party that cannot be performed.
Suspension, Transfer and Termination of Contract
5.1. The User's failure to comply with the provisions of this Agreement and the rules and conditions declared on the Site, the User's activities on the Site, especially Content sharing activities, pose a risk in terms of legal, technical or information security, or the personal data of third parties. and commercial rights, the Company may temporarily or permanently suspend the User's use of the Site or terminate the Agreement. For this reason, the User cannot make any request from the Company.
5.2. The Company may, at any time, suspend or terminate the Site and/or this Agreement for a period of time or indefinitely.
5.3. The User shall not transfer this Agreement and/or the rights and obligations arising from the Agreement to third parties without the express written consent of the Company. The Company has the right to transfer this Agreement and the rights and obligations arising from the Agreement to third parties.
Dispute ResolutionIn all disputes that may arise in relation to this Agreement, the provisions of this text will be applied first, and the law of the state of New York in cases where there is no provision. Istanbul Central Courts and Enforcement Offices will be authorized to resolve disputes arising from the implementation of the Agreement.