Terms of Use

 

1. INTRODUCTION:

We are pleased to provide you with a B2B platform (“Website”) to provide you a variety of services to help your business grow.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE OR ANY SERVICES MADE AVAILABLE TO YOU ON THIS WEBSITE. YOUR USE OF THIS WEBSITE IS GOVERNED BY THESE TERMS. IF YOU FAIL TO READ THESE TERMS OR ANY OF OUR POLICIES REFERENCED HEREUNDER, YOU WILL NOT BE EXCUSED FROM YOUR LIABILITIES ARISING FROM THEESE TERMS. IN CASE YOU USE THIS WEBSITE WITHOUT READING THE TERMS, THE SAME SHALL BE DEEMED THAT YOU USED THIS WEBSITE AFTER HAVING READ AND ACCEPTED THESE TERMS AND WITH THE KNOWELDGE OF ALL POTENTIAL RISKS IN YOUR USE OF THIS WEBSITE. IF YOU ARE NOT COMFORTABLE WITH ANY PROVISION OF THE TERMS, YOU MUST NOT USE THIS WEBSITE.

2. DEFINITIONS:

Company”, “we” “us” and “our” refer to Find In Turkey Teknoloji Programlama Hizmetleri Ve Genel Ticaret Ltd & we have divisions/companies in Italy ,Germany,France ,and other countries

“You”  and “User” mean any visitor of this Website, any user registered on this Website as importer or exporter under these Terms.

“Services” refers to any content, tools, applications, program, features and software available on this Website which are subject to the Terms.

“Products” refers to digital and commercial products which are available on this Website.

 “Website” refers to this website inclusive of the Products and Services.

 “Our Content” refers to any information, image, text, tools, applications, idea, program, or layout uploaded or made available on this Website by us or by any other person.

“Price” refers to any price to be paid under the Terms for our premium services.

Membership Package refers to different classifications membership plans specifying characteristics, features, price and scope of different membership plans.

3. SERVICES, PRODUCTS AND DIRECTORY:

We are a digital and commercial services provider. We provide this Platform to use Products and Services as your business needs. Our Products and Services are classified as Free and Paid Products and Services. You can check the details of our Membership Packages including Bronze, Silver, Gold and Diamond along with list of Products and Services offered under any specific Membership package in Pricing section. If you choose paid Membership, you are responsible to pay us Membership Fee in the prescribed manner. Subject to the Terms, you can use directory providing hundreds of thousands of the profiles and contact details of business organizations (“Business)”) for your business needs. You can contact them and use and buy their services and products without any responsibility to us. You can also leave a review representing your experience of working with Businesses. You acknowledge that we are not sales representative of any Business. We don’t make any warranties as to their product and services. You are solely liable for any losses or damages arising from your use or purchases of the products and services of any Business. In addition, you acknowledge that we are not liable for any representation, act, omission made by any other User. If you have any dispute or complaint against any User for any misuse, please report us through our support page https://findinitaly.com/contactus so that we may take appropriate actions warranted by our policies and law, and, if intensity of the situation so requires, contact to any concerned authorities without making us party to such complaint, action or demand.

You may post an advertisement by submitting your business profile, marketing content, contact details, and such other information which your potential customer may be interested in (“Business Profile”). Subject to these Terms, you will provide an accurate, current, and detailed Business Profile. You own all liabilities, whatsoever, arising from your misrepresentation, fraudulent and deceptive statements with reference to Business Profile you submitted to us using our Services.

4. USER ELIGIBILITY:

A Visitor need get itself registered to browse this Website but must meet following ;

  1. be eighteen (18) years or above & Be a company, corporate or any other legal organization;
  2. not violate any applicable laws;
  3. not violate the applicable provisions of the Terms.

A Business User must;

  1.  have created User Account on this Website;
  2. Must be importer or exporter;
  3. have provided us with correct, current and complete User Information;
  4. update User Information immediately upon any changes in the existing your User Information;
  5. not be insolvent, bankrupt or blacklisted entity;
  6. have valid permission, authorization or license to carry on business in its local jurisdiction;
  7. comply with the applicable laws, these Terms, and any other policies referenced hereunder while using the Services;
  8. not deal in any illegal goods and services; and
  9. not be a resident of the embargoed or sanctioned countries.

You must not use this Website in case of any non-compliance of the above qualification. We reserve the right to deny your access to our Website, any Services or/and suspend or terminate your User Account. If we deny your access or suspend or terminate your User Account, we will own no liability to you or any third party to that effect.

5. PRICE, FEE, SERVICE CHARGES, REFUNDS AND TAX LIABILITIES:

All payments for the Premium Products and Services will be paid in advance in the USD or EURO through valid credit card or Transfer to our bank account that we may specify from time to time. The payments will be made in the manner prescribed by us on the pricing page. The Price and Membership Fee are exclusive of any applicable tax. We may request you to pay any applicable tax payment in addition to the Price or Membership Fee if we are liable to withhold the same under any applicable law.

6. DELAY, INTERRUPTION, AND NON-AVAILABILITY:

Certain part of the Services is not operated directly by us but our service providers which are independent contractors, and we have no control over them. We don’t own any liability for any delay, issue or interruption in Services or non-availability of the same. No Businesses are our affiliates. We cannot guarantee that Businesses will perform their commitments, promises, representations and contractual obligations.

7. REGISTRATION AND USER ACCOUNT:

You may visit our Website and view the information without creating a user account . But if you want to use our Freemium and Premium Services, you must get yourself registered and create your User Account on this Website for free. While signing-up, you will need to provide us with certain data and information about you that may include name of your business, name of authorized person, contact details, address, state, country and other identifiable information. You are responsible to update such information from time to time.

Your information is handled in accordance with our Privacy Policy. All user activities on our Website are tracked under your User Accounts. We advise you to maintain strict confidentiality of the login information including username and password. You should immediately contact us to change your login information if you suspect any unauthorized access to your User Account, as you are business & your company information is public for all may be anyone make registration for your data in our platform so we are not responsible for any loss or damage “you can report immediately to pvr@findinitaly.com & we’ll stop or update the account”

No User can create multiple User Accounts on this Website. If you fail to login due to incorrect login information, you may use forgot password option to create new password in the prescribed manner. No user can impersonate any other person by giving us false information. Failure to comply with above provisions entitles us to terminate your User Account in addition to taking any appropriate action by filing a complaint to initiate a criminal prosecution.

You acknowledge that we may communicate with you regarding your use of Services, our new offers OR sending you information about one of our registered importer/exporter  , or any matter relating to your User Account. By creating your User Account, you agree to receive our communication through the contact information.

Your User Account is only for your private use and cannot be used for commercial activities so you can’t give it to other. Furthermore, no competitor or potential competitor can use our Services or any part thereof.

8. BUSINESSES, IMPORTERS AND EXPORTERS:

This Website is intended to be used by business organizations and their use of our Services is governed by these Terms.

As a representative of business entity, you represent that you are lawful business organization and your Business Profile represent true facts and information. You agree to provide any verifying document or information that we may, but not obligated to, require while scrutinizing and auditing Business Profiles. We cannot guarantee that any information and representation made by Business is correct, authentic and verified. You are requested to report us if you have reason to believe that any person is materially misrepresenting with reference to their qualifications as to Business User.

9. THIRD PARTY CONTENT:

This Website may carry third party links, resources or content uploaded, owned and controlled by some third party providers (“Third Party Content”).  We allow such third parties to upload the Third Party Content with the belief that you may find it useful. We don’t control Third Party Content in any manner and will have no liability that may arise from such Third Party Content. You are requested to check their policies and practices and determine any potential risks before using the Third Party Content.

10. PRIVACY POLICY:

During the course of your use of our Services, we may collect certain information about you such as your name, address, contact details, payment details or other information. We realize the importance of your privacy and handle your information with utmost care. We use administrative, technological and physical measures of industry standards to protect your information. Despite the increasingly advanced technology, no internet based information can be considered as 100% secure, and the same is the case with the security of your information. We cannot guarantee that your information is completely safe from any misuse and theft. You are strongly recommended to determine the potential risks involved in the use of our Services for you. For further information, please read our Privacy Policy.

11. OUR COPYRIGHTS POLICY:

Our Content available on this Website is created, developed and purchased with our significant efforts & users of our website and resources and is subject to our proprietary rights. You cannot violate our proprietary rights. Please read our copyrights policy which forms these Terms.

12. CHAT, COMMENTS OR REVIEWS:

User Content. User Content refers to a) any content you may post, display, or otherwise make available on this Website including your profile information, questions, comments, reviews, image, chats, graphics, drawing, public album, conversation, suggestions and any other information or content you submitted while creating your User Account.

You post, upload, transmit and submit your User Account while (a) chatting with any other User; (b) Posting Business Profile; (c) leaving reviews and comments; and (d) communicating with us.

You have full rights to your User Content. We don’t claim any ownership rights in or to your User Content.  However, by sharing your User Content through this Website or Services, you grant us license to allow other Users to view, edit, use and/or share your User Content subject to the Terms. We reserve the right to remove any User Content at our sole discretion.

Prohibited Content. You must not post any User Content that:

(i) may cause injury, harm, disease, infirmity, illness, death, mental distress or any disfigurement to any person or animal; (ii) may cause any other damage, loss or injury to any person or property; (iii) seeks to abuse, harm, misguide, or exploit minors by causing them to expose to an inappropriate content or inducing them to deliver personal information or any details; (iv) may constitute or abet the commission of an illegal act, crime or tort; (v) is unlawful, abusive, injurious, ethnically or racially offensive, libelous, defamatory, humiliating, harassing, invasive of privacy or publicity rights of others, threatening, insulting, profane, infringing or otherwise objectionable; (vi) consists of any information or content disclosure of which is illegal, unlawful or violation of contractual obligation; or (viii) consists of any information that you know is incorrect, misleading, wrong or old or (ix) violates any public policy. You warrant that the User Content does not violate any kind of third party rights including, but not limited to, any privacy rights or/and Intellectual Property.

We may, but are not bound, reject and/or delete your User Content that we found, in our sole discretion, to be in violation of these Terms.

While submitting your Business Profile, advertisements or any User Content, you must not violate Directive 2005/29/EC prohibiting unfair business practices.

Warranties and representation. You warrant and represent the following:

i. You have authority to post and use your User Content.

ii. Your User Content doesn’t breach any applicable laws and third party rights.

iii. We have no liability to pay any fees, or royalty fee with reference to your User Content & we will not accept to be part of any legal cases between importer and exporter  

vi. Your User Content are truthful, correct and accurate to the best of your knowledge.

You agree that you are solely liable for any loss, damages, cost and expenses arising from your User Content.

13. GENERAL DISCLAIMER:

To the maximum extent permitted by laws, we disclaim all liabilities, demands and claims arising from;

  1. Your use of this Website;
  2. Products and Services being not merchantable, not fit for or failed to meet a specific purpose,
  3. Any representation made in Business Profiles; and
  4. Your loss resulted by your reliance on any third party representation, ads or content.

14. LIMITATION OF LIABILITY

As mentioned above, we are a technology company that provides digital and commercial products and services (Products and Services). We are not liable to provide you with products and services offered to you by Business, which shall, at all times, remain the responsibility of such Business.

Subject to the Terms and Privacy Policy, you acknowledge that you are using this Website and any of the Services offered hereby at your own risk.

Subject to the applicable law, we provide Services on “as-is” basis and own no liability for:

a. Any accuracy, timeliness, reliability and completeness of information about any Business, provider or product or services or any information or data transmitted, exchanged, shared, sent, received, or used through this Website;

b. The Products and Services including, without limitation, any information, advice, suggestions, recommendations, or referral that you may obtain from the use of this Website or our Services;

c. The provision of the Products and Services including, without limitation, digital and commercial products and services provided through this Website;

d. Any viruses, Trojan horses, worms or any other harmful programs that may enter your computer/device by downloading data, tools, app/software, or other materials from this Website; and/or

e. The contents, services, products, communications, contact details, and products requested, provided or transmitted through this Website or any error, omission or mistake with reference to the same.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE OR OUR DIRECTORS, CONTRACTORS, SUPPLIERS, PROVIDERS, EMPLOYEES AND OFFICERS (“WE AND OUR AFFILIATES”) ARE NOT LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES IN ANY FORM OF ANY KIND.

WE AND OUR AFFILIATES ARE NOT LIABLE FOR ANY LOSS OR DAMAGES, OR COST OR EXPENSES INCURRED ON YOUR USE OF OR INABILITY TO USE OF THE WEBSITE OR OUR SERVICES WHETHER DUE TO ANY OF OUR ACT OR OMISSION OR OUR AFFILIATES OR ANY THIRD PARTY.

YOU ACKNOWLEDGE THAT IN NO EVENT SHALL OUR LIABILITY UNDER THESE TERMS EXCEED THE AMOUNT PAID BY YOU FOR PRODUCTS OR SERVICES WITHIN THE PERIOD OF PRECEDING THIRTY (30) DAYS OR ANY AMOUNT PAID FOR THE PRODUCTS AND SERVICES FROM WHICH THE DISPUTE HAS ORIGINATED, WHICHEVER IS REASONABLE.

15. INDEMNIFICATION:

You agree to defend, indemnify and hold us harmless from any and all claims, demands, actions, suits, proceedings, losses, liabilities, damages, expenses and costs, including reasonable attorneys’ fees arising from or related to breach of any provision of these Terms or any infringement of rights, or any dispute between you and any third party or Healthcare Provider or any other contractor.

You acknowledge that the use of this Website and any Services poses certain risks and limitations, and we have explained it to you and will have no further liability to that effect.

16. PROHIBITED USES:

We expect you to use the Website and Services only up to the permitted extent. You are responsible to ensure that you are in compliance with the following:

a. You cannot make any form of recording conversation, copy any data, concept, functionality, operation, app, tools, programs, content or Business Profiles made available to you through this Website and the same will constitute a material breach of these Terms and also a violation of applicable data protection law.

b. You must not harm our Services by introducing viruses, Trojans, worms, logic bombs or other harmful content. You must not attempt to gain unauthorized access to this Website, the server on which our Website or related materials are hosted or any server, computer or database connected to the Website.

c. You must not attack our Services via a denial-of-service attack or a distributed denial-of-service attack.  

d. You are prohibited to use any language, show any conduct or commit any act which is foul, vulgar, threatening, offensive, and/or illegal, or is against the morality or which is otherwise discriminatory in nature during the course of the conversation with other users, or otherwise using our Services.

e. You must not engage in, commit or promote any criminal and fraudulent activity on or through this Website.

Any breach of the foregoing provision shall constitute an offence under the applicable laws. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In addition, we may claim any appropriate remedy and/or compensation that may be available under any European/Italian law.

17. MODIFICATIONS AND TERMINATION:

We reserve the right to:

a. Introduce any changes, amendments, modifications, updates or alteration to these Terms and Privacy Policy at anytime by serving our registered user at least seven (7) days prior notice OR without it ;

b. Add, modify, change, improve, amend or/and alter any content, feature, function, method of use, method registration, or operation of the Website, and the terms and conditions, without prior notice; and/or

c. Price, Membership Fees, Method of Payment or any other matter relevant to the payments.

After any of the events mentioned in clause a, b and c has been taken place, your continued use of the Website will be considered that you have agreed to such events and accepted the same. We request you that if you have not read, understood and agreed to all of the amended Terms or Price or Membership Fee, you may stop using the Services.

We reserve an absolute discretion to terminate or suspend your access to or use of our Products and Services at any time and for any reason. If your access to or use of this Website or Services is terminated, you will no longer have the right to access any of the Services.

We may terminate or suspend any functionality or services on the Website at any time without prior notice. In the event that your access or use is terminated, we will have absolutely no liability owed to you and you will have no right to receive a refund for any services unless otherwise provided by the applicable laws.

You acknowledge that we hold no liability for any injury, damage or losses resulting from your restricted use of the system, including but not limited to, not being able to access any part of the Services. No aforementioned provisions shall be implemented if they or any part thereof is contrary to any express provision of the applicable laws.

18. EMAIL & Communication CONFIDENTIALITY AND DISCLAIMER:

The term “Confidential Information” refers to the information including, without limitation, any communication, chat, email, internal messages in our website ,suggestions and any information which reasonably require to be treated as confidential information.

This email may contain Confidential Information. You agree that the Confidential Information has significant importance to us and that any unauthorized disclosure or use of the same will harms our business. You agree that all Confidential Information shall be subject to our proprietary rights and that you don’t have, in any case, any proprietary rights therein.

You agree to maintain the secrecy and security of Confidential Information and not to disclose, divulge, communicate, or otherwise use any Confidential Information, except as necessary for providing the Services under the Terms or as otherwise expressly authorized to in writing by us.

We agree that if a dispute or issue arising from or relating to this Policy is submitted for adjudication to arbitration, the preservation of the secrecy of Confidential Information may be compromised to the extent required to give effect to the smooth operation, procedure and proceedings of arbitration.

Disclaimer:

We disclaim any liabilities arising from any loss, damage, and costs and expenses caused or incurred due to;

  1. any delay and interruption in the email delivery;
  2. any email content includes any content which is prohibited under the Terms; and
  3. Unlawful disclosure of the Confidential Information.

You agree that you will indemnify and hold us harmless from any loss, cost and expenses arising from your violation of the foregoing provision.

Governing law:

This Notice is governed by the following laws:

  1. Directive (EU) 2016/943 (for European User); and
  2. Privacy Act of 1974 (USA User)

 

19. GENERAL TERMS:

Assignment. You cannot transfer, assign, lease or permit any person to use your User Account or assign any right or liability you have under these Terms. The User Account is created for your individually for your own business use only. No commercial activity may be carried out under your User Account for which the Website is not intended to be used. In case of any violation of the foregoing provisions, we may terminate or suspend your User Account in our sole discretion without any prior notification.

We reserve the right to delegate or assign any right or liability to any party without any prior notification; provided that we will bind the aforementioned party by a valid contract to ensure that your rights and information are protected substantially in the same manner as has been provided under these Terms and the Privacy Policy.

Governing law and Dispute Resolution. These Terms shall be construed or interpreted under and governed by the Directive 2005/29/EC, local contract laws of EU member countries and Principles of Contract Common Laws (Restatement (Second) of the Law of Contracts). Any dispute arising from these Terms shall be resolved by binding commercial arbitration appointed with the consent of the parties to the dispute and such parties’ representative in interest. The award of the arbitration may be executed by the court having competent jurisdiction under the applicable laws.

Force Majeure. No party shall be liable for any breach or violation of any provision of these Terms if such breach or violation caused by a Force Majeure Event including, without limitation, an act of God, natural calamity, accidents, social disturbances, riots, or strikes, or any criminal act of third party such as cyber crime, hacking or transmission of any virus or any harmful component.

Severability: If any provision, wholly or in part, of these Terms is found to be void, illegal, unenforceable, or contrary to the law, the same shall be severed from the Terms without affecting validity, legality or enforceability of the remainder provisions or part thereof.

Independent Contractors. All parties to this Agreement (Terms) are independent contractors. These Terms or any provision thereof do not create any employment, partnership, or agency relationship. No party can create any liability, obligation or responsibility on the behalf of the other party.

No Waiver. No right shall be deemed to have been waived hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any right or availing remedy shall operate as a waiver of the same. One time waiver on any particular occasion shall not be effective for any subsequent occasions.

Headings and numbers. Headings and numbers used in these Terms are for reference purposes only and cannot be used to interpret the provision of these Terms, unless such number forms part of the sentence.

Entirety of agreement. These Terms constitute an entire agreement between the Parties unless otherwise agreed in writing. All prior or parallel understandings and agreements shall cease to exist or superseded by this agreement.

Notice. All communications, correspondence or services will be made through the following address: pvr@findinitaly.com , https://findinitaly.com/contactus

 

Last updated: October 2019