Distance Sales and Subscription Agreement

1) PARTIES

This Distance Sales and Subscription Agreement ("Agreement") has been concluded between the Buyer and the Seller under the terms and conditions specified herein.
 

SELLER:
Trade Name: Vizyoner Patent Consulting Informatics Domestic and Foreign Trade Inc.
Address: Dr. Hulusi Baybal Cad. Nüve Business Center B Block No:10/706 Selçuklu/KONYA/TURKEY
Phone: 4449140
E-Mail: info@vizyoner.com.tr
MERSIS No: 0925050073500017

BUYER:
Name Surname / Company:
Address:
Phone:
E-Mail Address:

2) DEFINITIONS

2.1. In this Agreement;

“Buyer” refers to the users who purchase the products and/or services offered on the BOSSARENA platform by becoming a member and paying the Usage Fee.

“Clarification Text” refers to the text prepared to inform the persons whose personal data is processed in accordance with the Law No. 6698 on the Protection of Personal Data.

 “BOSSARENA” or “Seller” refers to Vizyoner Patent Consulting Informatics Domestic and Foreign Trade Inc., which sells through the Platform.

"BOSSARENA BUSINESS AND BUSINESS NETWORK" refers to the system where the Buyer, after approving this Agreement on the Platform and paying the Usage Fee, starts to benefit by creating a username and password, which can be operated through internet browsers such as Microsoft Edge, Google Chrome, and Mozilla Firefox, and an active internet connection, as well as a mobile application downloadable from the App Store and/or Google Play, allowing users to connect with each other, send messages, and expand their network by sharing text, photos, or videos due to its social media feature, enabling business owners or partners to meet and communicate to develop business. “User” refers to all Users on the BOSSARENA site.

“Usage Fee” refers to the membership fee determined in return for the use of the BOSSARENA BUSINESS AND BUSINESS NETWORK under a single user account by the user.

“Pre-Information Form” refers to the text informing the Buyers about the sales, payment, delivery, and usage conditions of the Products/Services they will purchase.

“Platform” refers to the website [https://www.bossarena.com] owned by Vizyoner Patent Consulting Informatics Domestic and Foreign Trade Inc. and its mobile applications downloadable from the App Store and/or Google Play.

“Product/Service” refers to the BOSSARENA BUSINESS AND BUSINESS NETWORK service and other services within the package provided to Users within the scope of their membership package.

User/Buyer and Seller may be referred to individually as a “Party” and collectively as the “Parties” in this Agreement.

3) SUBJECT OF THE AGREEMENT

3.1. The subject of this Agreement is to determine the rights and obligations of the Parties regarding the use of the Product/Service provided by the Seller, as the Buyer purchases the Product/Service offered by BOSSARENA and approves this Agreement on the Platform.

4) SCOPE AND ESTABLISHMENT OF THE AGREEMENT

4.1. This Agreement has been prepared in accordance with the Law No. 6502 on the Protection of Consumers (“Law”), the Regulation on Subscription Agreements, and the Regulation on Distance Contracts for Users who are consumers. The Parties accept and declare that they are aware of and understand the obligations and responsibilities arising from the Law on the Protection of Consumers, the Regulation on Subscription Agreements, and the Regulation on Distance Contracts within the scope of the Agreement.

4.2. The User accepts and declares that they have been informed by BOSSARENA in a clear, understandable, and appropriate manner on the Platform about the name, title, open address, telephone, and other contact information of the Seller, the essential characteristics of the product/service subject to sale, the sales price including taxes, payment method, delivery conditions and costs, etc., all pre-information regarding the product subject to sale, the reason why the right of withdrawal cannot be used, the official authorities to which they can submit their complaints and objections, the termination of the contract, etc., and that they have confirmed all this information electronically together with the Pre-Information Form and then ordered the Product/Service under the provisions of this Agreement.

4.3. This Agreement enters into force for the Buyer upon their approval of this Agreement and payment of the Usage Fee, and the Products/Services offered by BOSSARENA begin to be performed immediately.

5) ESSENTIAL CHARACTERISTICS AND FEE OF THE SERVICE SUBJECT TO THE AGREEMENT

5.1. Services: The duration and type of the service package, the number of products, package details, and the sales price including taxes are as specified below.

5.2. Payment Method, Payment Plan, and Delivery:

5.2.1 Payments can be made in advance or in installments by credit card through the virtual pos application, or by bank transfer or EFT.

5.2.2 If the Buyer shops with a credit card and in installments, the installment method selected on the site is valid. In installment transactions, the relevant provisions of the agreement signed between the Buyer and the cardholder bank are valid. The credit card payment date is determined by the agreement between the bank and the Buyer. The Buyer can also track the number of installments and payments from the account statement sent by the bank. Additionally, the Buyer accepts and declares that the credit/bank card used for payment belongs to them or that they are the legitimate holder of the card at the moment they click the "make payment" option.

5.2.3 The Buyer accepts, declares, and undertakes that the provisions regarding interest and default interest in force under the applicable legislation will be applied within the scope of the credit card agreement between the bank and the Buyer.

5.2.4 Delivery Method: The services purchased by the Buyer from the Platform fall under the category of "Products deliverable electronically." Since these services are services/software delivered to the Buyer electronically, their physical return is not possible. Since this Agreement enters into force electronically and is performed instantly to the Buyer electronically, delivery occurs at the moment the payment is received. Therefore, the Buyer cannot exercise the right of withdrawal under the Regulation on Distance Contracts.

5.2.5 If the Buyer approves this Agreement electronically and makes the payment by credit card, they can start using the service immediately. If the payment is made by bank transfer or EFT, the Buyer will start using the service shortly after the Seller approves the payment.

5.2.6 If the service fee is not paid by the Buyer for any reason or the payment made is canceled in the bank records, the Seller is relieved of the obligation to perform the service, and the Buyer's access to the services is suspended. If the invoice amount is paid later, the Buyer's access to the services is restored as of the date the payment is made.

5.2.7 In order for the Product/Service to be delivered to the Buyer properly, the User is obliged to provide current, complete, and accurate information. The Buyer accepts and declares that they are the owner or partner of the company with the membership service they have purchased. They must prove this declaration with documents within 30 calendar days on the relevant section of the platform. If they do not upload the documents within 30 days, they will be notified by BOSSARENA via a warning email, and if they do not upload the documents within 7 days, their membership will be suspended, and the fee they paid will not be refunded. After the document upload is completed, the BOSSARENA document control unit checks the validity and accuracy of the document. If BOSSARENA determines that the information provided by the User does not match the reality, it may stop the User's order and, if it cannot reach the User through the contact information such as the email address and phone number shared by the User, it may suspend the order process. If no response is received from the Buyer, BOSSARENA has the right to cancel the order.

5.2.8 If the Buyer has made payments due to options that create additional payment obligations being automatically selected without the Buyer's explicit consent, these payments will be refunded by BOSSARENA.

6) GENERAL PROVISIONS

6.1. The Buyer accepts and declares that they have been informed about the essential characteristics of the Product/Service subject to the subscription offered on the Platform, the sales price, the validity period of the price, the subscription period, the payment method, the delivery of the Product/Service, and the complaint channels, and that they have read the Agreement and the informative texts about the Product/Service on the Platform and the Pre-Information Form correctly and completely. Buyers, as consumers, can submit their requests and complaints through the communication channels provided by BOSSARENA above.

6.2. The Buyer accepts and declares that they have confirmed this Agreement electronically. Before the conclusion of this Agreement, the Buyer confirms that they have received the name, title, MERSIS address, tax identification number, correct and up-to-date contact information of the Seller, the essential characteristics of the ordered products/services, the price of the products/services including taxes, the performance period, payment and delivery information, and the channels to which the consumer can submit their complaints, and that they have read the Pre-Information Form.

6.3. For the subscription of the Product/Service subject to the Agreement to start, this Agreement must be confirmed electronically, and the Product/Service fee must be paid by the Buyer's preferred payment method. If the Product/Service fee is not paid for any reason or is canceled in the bank records, the Seller reserves the right to suspend the Buyer's access to the Product/Service.

6.4. After the performance of the service, if the Buyer's credit card is used unlawfully or illegally by unauthorized persons for reasons not attributable to the Buyer's fault, and the relevant bank or financial institution does not pay the service fee to the Seller, the service provided to the Buyer will be suspended.

6.5. After the establishment of this Agreement, the Buyer's subscription period may be extended upon the Buyer's explicit request or approval until the date the Agreement ends. In this case, the service package purchased by the Buyer is renewed, and the service period is extended by taking payment from the Buyer's credit card with the new package prices. The Buyer also has the right to benefit from the new features included in the service package. This provision cannot be interpreted as BOSSARENA being obliged to renew the Agreement.

6.6. The User accepts and declares that the information they provided when registering on the Platform is current, accurate, and complete. The User accepts, declares, and undertakes that they are solely responsible for any damage and sanction arising from the information being incorrect, incomplete, or misleading, and that they will compensate BOSSARENA for any direct, indirect, and all kinds of damages it may suffer in this regard, in cash and immediately. The User accepts, declares, and undertakes that they are responsible for the confidentiality of the account password they have determined, that they will not share it with third parties, and that they are responsible for any damage they may suffer due to the password falling into the hands of third parties as a result of their own fault or negligence, and that the Seller cannot be held responsible in any way for this matter. The rights of the User under this Agreement belong solely to the User and cannot be transferred to others. The username and password required for the User to benefit from the BOSSARENA BUSINESS AND BUSINESS NETWORK are personal. In this regard, the User accepts, declares, and undertakes that the BOSSARENA BUSINESS AND BUSINESS NETWORK will be used only by them through the username and password assigned to them. If it is determined that the username and password of the User are used by third parties other than themselves, the Seller reserves the right to suspend the service.

6.7. As a User; you accept that you will not use the Platform in an illegal manner or in a way that results in consequences against BOSSARENA BUSINESS AND BUSINESS NETWORK or third parties, (iii) you will not open an account on behalf of someone else or impersonate someone else, (iv) you will not reverse engineer the source codes of the Platform and will not attempt to access them, (v) you will not attempt to access or interfere with areas or features of the Platform without permission, (vi) you will not process personal data of others for your own purposes, (vii) you will not copy, modify, or distribute any content on the Platform, including electronic text, visual and auditory images, video clips, files, databases, catalogs, and lists, and you will not directly or indirectly compete with BOSSARENA through these actions or other means, and (ix) you will not block, disable, overload, interrupt, or disrupt the Products/Services or operations on the Platform.

7) INTELLECTUAL PROPERTY

7.1. All intellectual property rights (copyright and other rights) on the source code, data code, software, database, and their developed versions on the Platform, including but not limited to the financial rights regulated under Article 21 "Processing", Article 22 "Reproduction", Article 23 "Distribution", Article 24 "Performance", and Article 25 "Communication to the Public by Means of Instruments Transmitting Signs, Sounds and/or Images" of the Law No. 5846 on Intellectual and Artistic Works, and the moral rights regulated under Article 14 "Right of Public Disclosure", Article 15 "Right to Indicate the Name", and Article 16 "Right to Prohibit Changes to the Work", belong exclusively to BOSSARENA and/or its licensors, without any limitation of place, time, content, medium, and number.

7.2. Technology, content, any kind of suggestion, idea, development request, feedback, recommendation, or other information provided by you or any other party related to the service, and all related intellectual property rights, including all rights, titles, and interests, belong solely to BOSSARENA and its licensors, if any.

7.3. All rights to BOSSARENA's copyrighted works, trademarks, trade dress, or other assets and information provided through the Platform belong to BOSSARENA. The User may not copy, produce imitations of, or use these without the written permission of BOSSARENA. No provision in this Agreement shall be interpreted as the transfer of intellectual property rights related to the Services to the Users. The granting of the right to use the Services provided by BOSSARENA and access to the Platform to the User does not terminate or limit BOSSARENA's intellectual property rights over the Services and the Platform in any way and does not affect BOSSARENA's right of disposition. The User accepts, declares, and undertakes to comply with the Turkish Commercial Code, Industrial Property Law, Law on Intellectual and Artistic Works, Turkish Penal Code, and other relevant legislation while fulfilling their obligations regarding BOSSARENA's intellectual property rights.

8) PRIVACY

8.1. The User agrees, declares, and undertakes not to use for any purpose other than those specified in this Agreement and not to share in any way with third parties without the written consent of BOSSARENA any corporate information, trade secrets, strategies, know-how, ideas, inventions, trademarks and patents, copyrights, software, source codes, research, marketing information, customer information, financial status, internal regulations and procedures, database, computer programs, designs and related documents and images, encryption techniques, advertisements, packaging and marketing plans, product plans, technical plans, sales information, production information, trade information, business strategies, business plans, partner-related information, engineering information, personnel information, product designs, specifications, proposals, data, graphics, formulas, processes, whether disclosed in written, verbal, or electronic form, including samples, reports, memorandums, contracts, or any information obtained in any way within the scope of this Agreement. The User shall ensure that third parties to whom information is transmitted comply with this confidentiality clause. Otherwise, the User accepts and undertakes that they shall be jointly and severally liable for any damages resulting from a breach of confidentiality by third parties and shall compensate the Seller for such damages upon the Seller's first written request. This confidentiality clause shall remain in effect even after the termination of this Agreement for any reason.

9) LIMITATION OF LIABILITY

9.1. The services provided through the BOSSARENA BUSINESS AND ENTERPRISE NETWORK and access to the Platform are at the User's discretion and risk. The services provided through the BOSSARENA BUSINESS AND ENTERPRISE NETWORK are offered on an "AS IS" and "AS AVAILABLE" basis. To the extent permitted by applicable law, BOSSARENA expressly disclaims any express or implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement regarding the services provided through the BOSSARENA BUSINESS AND ENTERPRISE NETWORK, including the information, content, and materials contained herein. The User expressly waives all such warranties.

9.2. BOSSARENA does not warrant that: (a) the Platform and its services will be uninterrupted, timely, secure, or error-free; (b) the Platform and its services will meet the User's requirements; (c) the quality of any product, service, or information obtained through the Platform will meet the User's expectations; (d) any errors in data or software encountered by the User will be corrected.

9.3. The User acknowledges and declares that they access or transmit any content using the BOSSARENA BUSINESS AND ENTERPRISE NETWORK at their own discretion and entirely at their own risk. The User shall be solely responsible for any loss or damage resulting from such access or transmission. The Company recommends that the User utilize industry-recognized software to detect and disinfect viruses before any downloads.

9.4. Notwithstanding any provision to the contrary stated in this Agreement, BOSSARENA shall not be liable to the other party for any indirect, punitive, exemplary, remote, speculative, or similar damages resulting from transactions carried out in connection with the anticipated transactions.

9.5. The Seller obtains all content of the Product/Service from third parties, including official institutions. While the Seller will exercise due diligence to ensure the content is current and accurate, the User acknowledges and declares that the Seller is not personally responsible for obtaining the content from third parties, including official institutions, and does not guarantee the accuracy, completeness, or currency of the information contained in the product/service content.

9.6. The Platform may contain links to other sites owned or operated by third parties (“External Sites”). Even if such third parties have a business relationship with the Company, BOSSARENA does not control these External Sites. These sites operate independently of BOSSARENA and have their own privacy policies, data collection practices, and terms of use.

9.7. The User acknowledges and declares that BOSSARENA shall not be held responsible for such independent policies or practices in any way and shall not be responsible for the privacy practices, content, and/or terms of use of these websites. Accessing the linked sites is entirely at the User's risk and responsibility.

9.8. The links do not imply that BOSSARENA sponsors, endorses, is affiliated with, or is legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted material displayed on or accessed through these External Sites.

10) RIGHT OF WITHDRAWAL

The Buyer does not have a right of withdrawal regarding a Product/Service since it falls within the scope of “contracts related to services that have begun with consumer approval before the withdrawal period expires” and “contracts related to services instantly performed in an electronic environment and intangible goods delivered instantly to the consumer” as specified in Article 15, paragraphs 1(h) and 1(ğ) of the Distance Contracts Regulation.

11) PERFORMANCE OF THE AGREEMENT

11.1. If the Buyer defaults on transactions made via credit card, they shall pay interest and be liable to the cardholder bank under the terms of their credit card agreement. In such a case, the relevant bank may take legal action, demand related costs and attorney fees from the Buyer, and in all cases, if the Buyer defaults on their debt to the Seller, they accept and undertake to compensate the Seller for any damages and losses incurred due to the delay.

12) TERM AND TERMINATION OF THE AGREEMENT

12.1. Articles 12.3, 12.4, 12.5, and 12.6 of this Agreement shall apply only to Buyers who qualify as consumers.

12.2. The duration of this Agreement for the Buyer is 12 months.

12.3. The Buyer has the right to terminate an indefinite-term or a fixed-term subscription agreement of one year or longer at any time without providing a reason and without incurring any penalties.

13) NOTIFICATIONS AND EVIDENCE AGREEMENT

13.1. Any correspondence between the Parties under this Agreement shall be conducted via email, except where otherwise required by law.

14) FORCE MAJEURE

14.1. The Seller shall not be liable for any failure or delay in the performance of its obligations under this Agreement due to force majeure events such as fire, explosion, storm, flood, earthquake, epidemic, or other natural disasters; embargoes, government intervention, riots, war, strikes, lockouts, cyberattacks, communication failures, infrastructure and internet outages, system upgrades or maintenance, power and internet interruptions, or other circumstances beyond the Seller’s control.

15) JURISDICTION

15.1. This Agreement is governed by Turkish law.

16) EFFECTIVENESS

16.1. This Agreement, consisting of 16 (sixteen) articles, has been read and electronically approved by the Buyer and has become effective immediately.