COMMITED CARBON CERTIFICATE MARKETPLACE PLATFORM USER AGREEMENT
This Agreement is executed to determine the conditions under which the User benefits from the Services provided by the Platform Provider.
3.2. The Platform Provider may, entirely at its own discretion and without any specific reason, reject applications or condition the acceptance of a User's application on additional terms and conditions.
3.3. In the event of a dispute regarding to whom the rights and obligations belong and if a request is made to the Platform Provider by the involved parties, the last person who made a payment to the Platform Provider using the relevant User account for any Service will be considered the owner of that User account, and the Platform Provider will act accordingly.
3.4. Users create their membership profile, including username and password information necessary to perform transactions via the Website and Mobile Application, by accessing the 'My Account' page. The right to use the mentioned password belongs exclusively to the User. Users cannot transfer their password to another user or allow its use by third parties. The security and confidentiality of this information are solely the responsibility of the User. Users accept that transactions conducted with their username and password are deemed to have been performed by them, they bear the responsibility arising from these transactions, and they cannot claim or object that they did not perform these transactions and activities nor can they avoid fulfilling their obligations based on such claims or objections. Hence, they will be solely responsible for all responsibilities as well as any claims and demands that third parties or authorized bodies might raise against the Platform Provider, and they will cover all damages and losses incurred by the Platform Provider.
3.5. Users agree and undertake to act in accordance with the terms of this Agreement, all conditions stated on the Website and Mobile Application, applicable legislation, and ethical rules in transactions and communications conducted on the Website and Mobile Application. The legal and criminal responsibility for transactions and actions performed within the Website and Mobile Application belongs to the User. Users may not use the Platform in any way that disturbs public order, contravenes general morality, harasses or annoys others, serves illegal purposes, or violates intellectual property and copyright laws. Moreover, Users may not use the Platform for any illegal or fraudulent purposes.
3.6. According to applicable legislation, the Platform Provider may share the information in its possession about the User with the relevant authorities upon their request.
3.7. Users will not use the Website and Mobile Application in any way that violates the law and ethics, including but not limited to the following circumstances:
3.8. If a User uses the Website and Mobile Application in violation of any provision of this Agreement, especially Article 3.7, the Platform Provider has the right to partially or completely prevent the User from benefiting from the services through the entire or part of the Website and Mobile Application.
3.9. Users are obligated to conduct transactions on the Website and Mobile Application in a manner that does not cause financial or technical damage to the Platform Provider or the Website and Mobile Application. Users also agree and undertake to use necessary protective software and licensed products to ensure that the Website and Mobile Application do not contain any harmful programs, viruses, unlicensed products, trojan horses, etc. Additionally, Users agree not to access their Account Page using robots or automatic login methods.
3.10. Users agree not to access or use other users' software and data without authorization. The legal and criminal responsibilities resulting from such actions are entirely the user's responsibility.
3.11. The use of the Website and Mobile Application or its content in a manner contrary to the terms of use specified in this Agreement or current legislation is illegal; the Platform Provider reserves the right to make claims, file lawsuits, and pursue legal actions.
3.12. The Platform Provider disclaims any liability for interruptions, errors, negligence, interruptions, deletions, losses, delays in operations or communications, computer viruses, communication failures, theft, destruction, or unauthorized access, alteration, or use of records resulting from breach of contract, tort, negligence, or other causes. The Platform Provider is not responsible for the content or links contained in other websites and mobile applications not under its control.
3.13. Information such as the name and Internet Protocol (IP) address of the internet service provider used by users to access the Website and Mobile Application, the date and time of access, the pages accessed during the visit, and the internet address of the website directly linking to the Website and Mobile Application may be collected to detect and remedy problems in the system and to improve and develop the Website, Mobile Application, and system.
3.14. The Platform Provider has taken measures within its capabilities to ensure that the Website and Mobile Application are free from viruses and similar malicious software. However, for ultimate security, users must provide their own virus protection system and ensure the necessary protection. By accessing the Website and Mobile Application, the user is deemed to have accepted all risks and is responsible for any errors and their direct or indirect consequences that may occur in their software and operating systems.
3.15. As the Platform Provider is not the seller of any products or services on the Platform, it is not responsible for the accuracy, reliability, correctness, or legality of any visual, written, or other content on the Platform that it has not published. The Platform Provider does not have the obligation to verify the accuracy of such content.
3.16. When purchasing from any Certificate Provider via the Platform, the User acknowledges and undertakes that the Certificate Provider is the seller and the User is the buyer in the resulting distance sales contracts; the Platform Provider is not a party to these contracts and therefore is not responsible to the User. The Certificate Provider is solely and exclusively responsible for the quality, validity, or reality of the displayed and sold carbon credits and certificates, compliance with legislation, invoicing, delivery of necessary documents, provision of after-sales services, and timely delivery of products.
3.17. The Platform Provider, by virtue of the authority granted in the contract signed with the Certificate Provider, will have the authority to collect the certificate fee on behalf of the Certificate Provider when the User purchases carbon credits and certificates from the Certificate Provider, and the payment made to the Platform Provider by the User will discharge the User’s payment obligation to the Certificate Provider.
3.18. When the User orders a Product/Service from the Certificate Provider via the Website and/or Mobile Application, the Platform Provider acts only as an intermediary and is therefore not responsible for the content of the certificates provided by the Certificate Provider, the accuracy of these certificates, or any damage caused by the certificate service offered by the Certificate Provider via the Website or Mobile Application.
3.19. Refunds for cancellations and returns may vary depending on the payment method chosen by the User. Refunds for payments made by credit/bank cards will be processed according to the procedures of the relevant banks.
3.20. User comments on orders placed via the Website and/or Mobile Application will be reviewed and, if deemed appropriate, can be published by the Platform Provider. If the Platform Provider considers that such content violates current legislation, it can be immediately deleted or access to/viewing of such content can be blocked.
3.21. After downloading the Platform, filling in the required sections for registration, and becoming a party to this Agreement, the User can begin benefiting from the Services on the Platform under the conditions of this Agreement. If the User is unable to use the Platform or the Services offered herein, including technical difficulties, the Platform Provider is not responsible, and the User will not make any claims against the Platform Provider.
4. PRIVACY AND PROTECTION OF PERSONAL DATA
4.1. The Platform Provider attaches importance to the processing, security, and protection of personal data provided by the User via the Website and Mobile Application for the use of Services offered there, in compliance with all applicable legislation including the Personal Data Protection Law No. 6698. In this context, the personal data provided by the User are processed and transferred according to the Privacy Notice for Commited Danışmanlık Carbon Certificate Marketplace Users available on the Website and Mobile Application. These texts are an integral part of this Agreement.
4.2. By using the Services, creating an account, and as specified in the Privacy Notice, the User explicitly and voluntarily consents to the processing and transfer of their personal data. Users can review more information about the conditions and rights related to the use of personal data in the texts available on the Website and Mobile Application.
4.3. Information provided by the User to the Platform Provider during the membership phase is accepted as true and accurate. If there are any changes to the information provided during the membership phase, the User is responsible for notifying the Platform Provider with updated and current information.
4.4. In accordance with this Agreement, the Platform Provider has the authority to send informational emails to the registered email addresses and informational SMS to the mobile phones of the Users. By confirming this Agreement, the User is deemed to have consented to receive informational emails to their email address and informational SMS to their mobile phone. The User retains the right to request the cessation of commercial electronic communications.
4.5. Personal data shared by the User for creating a membership or using the Platform, including for the execution of obligations specified in the Agreement, operation of the Platform, execution of payment processes, delivery of orders, customer service and complaint tracking, and for sending the User targeted advertising, sales, marketing surveys, and other electronic communications, profiling, and statistical studies, are collected, stored, and processed by the Platform Provider or its partners according to the Privacy Notice and the Explicit Consent provided when necessary.
4.6. The User ensures that they will: a) Fulfill the disclosure obligation and, if necessary, obtaining explicit consent, and act in accordance with the legislation for the data processed concerning third parties, b) Immediately inform the Platform Provider of all demands directed at them (including access requests and complaints from data subjects) that may affect the interests of the Platform Provider related to the processing and/or transfer of personal data, provide all necessary documentation, information, and support, and cooperate fully with the Platform Provider, c) Take all necessary technical and administrative measures to prevent illegal processing of personal data, unauthorized access, and to ensure the protection of personal data, aside from the obligations specified in this Agreement and its annexes.
4.7. The User agrees and declares their consent to the use and storage of their personal data/information by the Platform Provider in this manner. The Platform Provider will take all necessary measures to ensure that these personal data are stored securely according to Article 12 of the Personal Data Protection Law No. 6698, preventing unauthorized access and illegal data processing. The User has the right to use their rights over their personal data in accordance with Article 11 of the Personal Data Protection Law No. 6698, including the right to modify or update their data at any time.
5. INTELLECTUAL PROPERTY RIGHTS
The brands and logos of the commited.app website and commited mobile application, including all auditory, visual, and written materials and content contained within the commited mobile application, are protected and, unless stated otherwise, belong to the Platform Provider. Unauthorized use by the User will be considered illegal and may lead to legal action by the Platform Provider. The overall design and appearance of the Website and Mobile Application, as well as all information, images, commited.app brand, domain name of the Website and Mobile Application, logos, icons, written, electronic, graphical, or technically presented data, computer software, implemented sales systems, business methods, and business models, including all materials related to them and their intellectual and industrial property rights, are owned or licensed by the Platform Provider and are legally protected. Any material found on the Website and/or Mobile Application; including but not limited to code and software, may not be modified, copied, duplicated, translated into another language, republished, uploaded to another computer, mailed, transmitted, presented, or distributed without prior permission and citing the source. Unauthorized use of the whole or part of the Website and Mobile Application on another website or mobile application is prohibited and entails legal and criminal liabilities.
6. AMENDMENTS TO THE AGREEMENT
The Platform Provider, at its sole discretion, may unilaterally modify this Agreement and any policies, terms, and conditions, including the Privacy Notice for Commited Danışmanlık AŞ Carbon Certificate Marketplace Users on the Website and Mobile Application, at any time as deemed appropriate, provided that such modifications do not contravene the current legal provisions. The amended provisions of this Agreement become effective on the date they are announced on the Website and Mobile Application, while the remaining provisions will continue to be in effect and produce their consequences.
7. FORCE MAJEURE
The occurrences listed below, but not limited to, which develop outside the control of the Parties and prevent or delay the performance of the obligations set forth in this Agreement, will be considered as a force majeure event:
8. TERMINATION OF THE AGREEMENT
This Agreement will remain in effect until the User's membership is canceled by the User or terminated by the Platform Provider. The Platform Provider may unilaterally terminate the Agreement by canceling the User's membership if the User breaches any provision of this Agreement.
9. NOTICES AND COMMUNICATIONS
The Platform Provider will communicate with the User via the email address or telephone number provided at the time of registration, including through calls and SMS. The User is obliged to keep their email address and phone number up to date. All complaints, requests, and other notifications from the User to the Platform Provider must be made verbally or in writing through the communication channels available on the Platform; this is sufficient, and applications that legally require to be in writing must be made in this manner and duly. If the Platform Provider's contact information changes, it will announce updated information and legally required notifications through the Website and Mobile Application or other appropriate methods. Notices and messages, both general and specific, issued by the Platform Provider to Users are considered delivered and effective once published on the Website and Mobile Application. If the User disables mobile (data) communications on their device through the Settings section or notifies the Platform Provider via other channels to block or stop receiving messages, or does not operate the Website and Mobile Application, or permanently or temporarily ceases to use or cannot access their device, the adverse consequences of not receiving these notifications from the Platform Provider are the responsibility of the User. (The Platform Provider may also communicate notifications to the User's addresses and phone numbers, but this is not an obligation for the Platform Provider.)
10. OTHER PROVISIONS
10.1. The User cannot assign their rights or obligations under this Agreement either in whole or in part. However, the Platform Provider may partially or entirely transfer its rights, receivables, obligations, and responsibilities arising from or related to the Agreement to third parties.
10.2. This Agreement constitutes the entire agreement between the Parties concerning the subject matter. Should any provision of this Agreement be found wholly or partly invalid or unenforceable by any competent court, arbitration panel, or administrative authority, or deemed unreasonable, such invalidity, unenforceability, or unreasonableness will be to that extent only, and other provisions will remain in full effect.
10.3. Failure by any party to exercise any right granted under this Agreement does not imply a waiver of such rights, nor will it prevent the subsequent exercise or enforcement of such rights.
10.4. In the event of legal proceedings, prosecutions, or similar legal disputes concerning the User, the User agrees and undertakes to pay all costs and expenses, including taxes, fees, and charges that may arise under the Civil Procedure Law No. 6100, Execution and Bankruptcy Law, Fees Law, Minimum Attorneyship Fee Tariff, and related legislation.
10.5. This Agreement shall be governed by the laws of the Republic of Turkey. Any disputes arising from or related to this Agreement shall be subject to the exclusive jurisdiction of the Central (Çağlayan) Courts and Execution Offices of Istanbul.
10.6. The User agrees, declares, and undertakes that in any disputes arising from this Agreement, the official books and commercial records of the Platform Provider and the database records, electronic data, and computer records kept on the servers of the Website and Mobile Application will constitute valid and conclusive evidence, and this provision will be considered an evidential contract under Article 193 of the Civil Procedure Law No. 6100.
10.7. The User cannot assign their rights or obligations under this Agreement, in whole or in part, without the prior written consent of the Platform Provider.
10.8. The relationship between the parties is independent. No situation under this Agreement will be interpreted as creating an employer/employee, franchiser/franchisee, principal/agent, partnership, or joint venture relationship between the parties.
10.9. Transactions made on the Platform that constitute declarations of intent are considered binding declarations of intent by the parties under the Turkish Code of Obligations, consumer legislation, and other applicable laws.
11. EFFECTIVENESS
This Agreement, consisting of eleven (11) articles, comes into effect at the moment it is electronically confirmed by the User after having read and fully understood each provision