Terms of Use

1. Parties

1.1. The website with the domain name www.coimex.co and its dependent sub-domains and the mobile application Coimex (the Site and mobile application hereinafter referred to as the “Site”) are operated by the Coimex Inc (“Coimex”) reside in 607 Deemer PL Suite 449, New Castle DE 19720 United States of America address. Anyone who uses the Site anywise will be called as User.

1.2. Within the scope of this Terms, Coimex and the User shall hereinafter individually be referred to as “Party” and collectively as “Parties”.

2. Scope and Subject of the Terms/Terms of Use

2.1. Subject of the Terms; To determine the procedures and principles to be followed for the Users to benefit from the services provided in the Site, to determine the terms and conditions regarding the use of the Site and to arrange the rights and obligations of the Parties accordingly. In order to take advantage of some of the features of the Site, it may be necessary to become a member of the Site and also accept additional agreements within this scope.

3. Acceptance and Implementation of Terms

3.1. In case that the User enter the Site and/or get access in any wise or use of any information on this Site constitutes acceptance of the Terms of Use by the User. Therefore, before using the Site, please read carefully the Terms of Use including the following conditions, rules and legal liabilities. If any of the conditions stated here is inappropriate for you, please do not use the Site.

3.2. In order to be informed of any amendments, it is recommended that you review the Terms of Use each time you visit the Site. Your continued access or use of the Site in any wise, constitutes your acceptance of any amendments and renewals to the Terms of Use.

4. Rights and Obligations of the Parties

4.1. The Site and any goods and services offered through the Site are only for non-consumer (the definition of the consumer is stipulated in Law on the Protection of the Consumer No. 6502) Users. Consumers are not allowed to use this Site. Therefore, use of the Site as a consumer constitute a violation of the Terms. If you have started to use this Site as a consumer, please immediately terminate any activity in relation with this Site.

4.2. The User shall comply with the Terms and other provisions that may be published occasionally on the Site, laws, ethics and good manners, principles of honesty; shall not engage in any behavior that may interfere with the operation of the Site by any means, shall not engage in any acts that violate or threaten the rights of third parties.

4.3. All legal, administrative and criminal liability for use of the Site belongs to User. Coimex shall not be liable in any way directly and/or indirectly for any potential or incurred damages of third parties as a result of the activities performed by the User within this Site and/or his actions contrary to Terms and law. User shall recourse any claims from third parties in this context and any damages incurred by Coimex due to non-fulfilment of obligations which are stated in the Terms by the User.

4.4. In order to implement improvements and other amendments on the Site, the User accepts that accessing to the Site may be temporarily denied. Coimex reserves the right, at any time, to permanently or temporarily close the Site and/or interrupt his activities on the Site partially/wholly and to make any amendments to the Site (including the services provided).

4.5. All intellectual, industrial and other rights of the software, visuals, designs, content, texts, logos, graphics and videos on the Site are belongs to Coimex. It is strictly prohibited; to copy and/or exploitation of the information and/or software used in the design, content and database of the Site; to copy, distribute, process and use any kind of pictures, text, images, files and other data within the Site.

4.6. The following activities of the Users are strictly prohibited: taking any action that may threaten the security of the Site, prevent the operation of the software of the Site or the use of the Site by other Users, disproportioning load to the Site which may cause to these results; unauthorized access to information and content which are published on the Site and/or entered by third parties; Taking actions that may threaten the general safety of the Site and/or may harm the Site, Coimex and other Users; use and attempt to use software that will prevent the operation of the Site and the Software or disrupting all kinds of software, hardware and servers, causing corruption, reverse engineering, attacking, occupying or interfering, trying to get access to servers of Coimex.

4.7. Users agree not to use the Site or any other services related to the Site to harass, abuse, stalk, threaten or defame any person or entity, and that Coimex is not responsible for any such use. Abusive actions of Users shall not be tolerated and Coimex has the right to intervene such actions in any way reasonably required to prevent or cease such actions. The Site or any other services related to the Site may not be available in all languages or in your home country and may not be appropriate or available for use in any particular location. To the extent you choose to use the Site or any other services related to the Site, you are solely responsible for compliance with any applicable laws. Coimex reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any parts of the Site partly or fully at any time without notice or liability to Users.

4.8. Coimex has the right, partially or wholly, temporarily or permanently prevent the User from using the Site in the event that the User acts unlawfully or violates these Terms while using the Site. Coimex reserves other legal rights as well.

4.9. Coimex has the right for monitoring al non-personal data and flows on the Site at any time and to process the data (it should not contain personal data) within this scope.

4.10. Any notices and warnings, confirmation letters and objections arising from this Terms between the Parties shall be carried out by telegraph, fax, agreed e-mail or via notary. (The notifications required specific methods by the law are exceptions). Both Parties are obliged to notify the other party by written notice regarding the address changes within 7 days. If this notification is not made, notifications sent to the stated address in this agreement will have all the legal consequences of a legally valid notification.

5. Provisions Regarding the Obligations of the Parties

5.1. Coimex is an intermediary service provider within the framework of the Law on Regulation of Electronic Commerce No. 6563 and is not a party of the transactions of Users through the Site. Therefore, Coimex does not have any responsibility for these transactions. The User accepts, declares and undertakes that Coimex will not responsible for the transactions which he completed through the Site.

5.2. Coimex is not liable for any direct or indirect damages that may arising from the use of the Site or use of the information and other data and miscellaneous programs, in particular the loss of data, interruption of transactions on the Site. Coimex shall not be liable for any direct, indirect, specific, property, punitive damages including but not limited to loss of profit, goodwill and reputation resulting from the use of the Site.

5.3. Coimex shall not be liable for any material and moral damages that may occur as a result of errors, deficiencies or transactions based on information in the Site and any damages that may be incurred by third parties in any way.

5.4. The User acknowledges that it is possible to given links to other Sites and/or platforms, files or contents that are not controlled by Coimex and there will be provided third party services on the Site. Coimex does neither guarantee nor declare about the such linked websites or the information contained therein for supporting the operator or service provider. Coimex is not liable for the platforms, websites, files and content, services or products or their content which are accessed via such links.

5.5. The Site and the features and other contents are presented as they are on the Site; Coimex does not assume any responsibility or not undertake for their accuracy, completeness and reliability. Under this Terms, Coimex does not make any commitment expressly or implicitly about merchantability, suitability for use or noninfringement.

5.6. The User accepts and declare that quality of the Site and accessing to services on the Site are usually depends to the service quality provided by the internet service provider; and also acknowledges that Coimex has not liable for any problems arising from such service quality, the operation of the Site is not impeccable so there may be occurred some technical problems and access difficulties.

5.7. The User acknowledges that Coimex does not guarantee that viruses, worms or other attacks or unauthorized access to the Site will not occur; in addition, Coimex does not guarantee that information will not be unlawfully transferred by third parties from the Site or to the Site. Lastly; the User acknowledges that Coimex is not liable to provide support, maintenance, updates or new versions of the software.

6.Change of the Terms

6.1. Coimex reserves the right to unilaterally modify, add or amend this Terms and reorganize the Site, change the subject, scope and content of the Site and suspend the publishing at any time without giving any reason and notice.

6.2. The aforesaid changes done by Coimex will take effect on the date of the publishing on Site and the User is deemed to have accepted the current terms with the using the Site. The User shall be responsible for the follow up such documents regularly.

6.3. In case that any provision of the Terms of Use is cancelled by the competent judicial or administrative authority, a new provision which is closest to previous one, shall be enforceable between the parties

7. Settlement of Disputes and Evidences

7.1. Law of the Republic of Turkey shall govern this Terms.

7.2. İstanbul (Çağlayan) courts and enforcement offices or the courts and enforcement offices where the User resides shall have jurisdiction over the settlement of disputes arising from implementation of this Terms.

7.3. The Parties agree, declare and undertake that the electronic and system records, commercial records and ledgers held by Coimex in their database and servers shall mean direct evidence in case of disputes arising from this Terms. The Parties also agree, declare and undertake that this article has the characteristics of evidential contract pursuant to article 193 of Turkish Code of Civil Procedure.

8. Entry into Force

8.1. It is mutually agreed that these Terms are come into force in the following cases; in case the User access to Site by any means or by using any information from this Site. Upon entry into force, the User is deemed to have read and understood all these Terms.