DBSize is an Application licensed to Dressbest, for obtaining by electronic means the body sizes, within the scope of uniform/corporate working clothes production and supply service offered by Dressbest to its Customers. This Agreement is executed by and between Dressbest operating at the address Merkez Mah. Kazım Orbay Cad. No.55 Floors 2-3-4 and penthouse, Şişli, Istanbul, and the Users who access the Application or benefit the Service offered on the Application, and sets forth the terms of utilization by the Users, of the Service offered by DBSize.
In this Agreement, User and Dressbest shall be individually referred to as a “Party” and collectively as “Parties”.
In this Agreement;
3. LOGGING ON THE APPLICATION AND USAGE OF THE APPLICATION
3.1. Users start to use the Application by downloading on their device from virtual stores. Users shall have limited right to use the Application under the conditions set forth in this Agreement and annexes hereto, and within legal limitations.
3.2. The User agrees, represents and undertakes that, while logging on the Application, or benefiting the Services offered on the Application, and performing any activity related to the Services on the Application, he/she shall act in accordance with all conditions set forth in this Agreement and other agreements executed or to be executed with Dressbest, and the rules stated in relevant parts of the Application, and all applicable legislation, particularly the Law on Regulation of Publications on the Internet and Suppression of Crimes Committed by means of Such Publications, Electronic Communications Law, Turkish Criminal Code, Personal Data Protection Law, Law on Intellectual and Artistic Works, and shall not engage in any illegal activity. The User agrees, represents and undertakes, by visiting or using or enrolling in the Application, that he/she has read and acknowledged and consented with all terms and conditions related to usage of the Application.
3.3. The Services offered by DBSize via the Application consists of taking the Customer’s Body Size using the Application. DBSize shall only perform the Services under this Agreement, and is neither responsible for, nor guarantees nor undertakes any other work or activity related to any other agreement, contract or relationship underlying the Services or the Project.
3.4. To benefit the Services, the User is required to enter the requested information and complete the sign-in procedure of the Application. The e-mail address and password required for the User to log on to the Application shall be provided by Dressbest to the Customer. After logging on the Application, full, correct and accurate entry of other information requested from the User shall be under the User’s responsibility.
3.5. The Customer will take the Body Size of its employees or other persons covered by the Project, on the Application via its designated Authorized Person. Dressbest shall allocate a verified e-mail address and password to the Customer, and inform the Customer on such allocation. Authorized Person log on to the Application using the e-mail address allocated under the terms of this Agreement and the password, and then take the Body Size according to the instructions given in the Application.
3.6. Security and storage, and protecting against disclosure to and usage by third persons, of the system access tools (user name, password etc.) used by the Users taking the Body Size, utilizing the services provided by the Application, within the scope of the Project, shall be fully under the User’s responsibility. Any and all transactions performed with the User’s user name and password shall be deemed performed by the User himself/herself. Dressbest shall not be under any responsibility for any damage that is or may be incurred by the Users and/or third persons in connection with any fault of the User in relation with security, storage and usage, of Application access tools, and protection of such Application access tools against access by third persons
5. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
6. INTELLECTUAL PROPERTY RIGHTS
6.1. DBSize hereby grants the Users an end-user right, limited to offering of the Services, non-exclusive, non-transferable and (unless otherwise agreed) non-sub-licensable, worldwide valid during the Agreement term, limited to end-user authorizations, for the user and program interfaces and software of the Application.
6.2. The User agrees and undertakes that he/she is aware that Dressbest is the owner of all intellectual and industrial property right related to the Application, and that he/she shall expressly inform its employees/representatives/consultants on this matter, shall expressly mention this matter in his/her relationship with third persons in any case. No provision of this Agreement may be construed as transfer of Dressbest’s intellectual property rights on the Application or associated information and documents or any other right connected thereto, to the User.
6.3. The User may not use the Application for other business activities, other than the cases and purposes stated in this Agreement and other texts executed by and between the Parties or for any other purpose. The User may neither remove or change any mark, logo or notification on the Application showing that the Application is the property of Dressbest, nor add Dressbest’s logo, name, trade name, trademark on any product, or perform any business activity/action subject to intellectual or industrial property rights, without written approval of Dressbest.
6.4. The User may neither engage in, nor allow third parties to engage in, any activity not provided for in this Agreement, such as distributing, duplicating, copying, processing, lending the Application or providing subscription service over the Application.
6.5. The User may neither engage in, nor allow third parties to engage in any act or activity constituting violation of the Application and/or the intellectual or industrial property rights on the Application, in any manner, such as accessing the source codes of the Application, or copying, reverse engineering, or reaching the prior versions of the Application from the final version.
7. TERMINATION OF THE AGREEMENT
7.1. This Agreement shall enter into force at the time the User accesses the Application or utilizes the Services; and shall terminate upon permanent blockage of the User’s access to the Application or successful completion of taking necessary Body Size related to the Project, and successful completion of such process with regard to each person involved in the Project. However, Parties shall be obliged to mutually fulfil their rights and obligations accrued until the termination date of the Agreement.
7.2. Each User accessing the Application or benefiting the Services shall be bound by the provisions of this Agreement during their access to the Application or benefiting the Services.
7.3 Dressbest may unilaterally terminate this Agreement without compensation and without notice, if the User violates this Agreement or the rules and agreements related to different Services offered on the Application, and particularly in the following cases:
7.4. Dressbest may suspend this Agreement and/or the Services at any time and without notice, independent from the User’s violating acts, ve terminate without obligation to pay indemnity, and effective forthwith, and restrict or suspend the User from visiting the Application, or utilizing the Application and the Services. Dressbest may temporarily suspend or fully cease the operation of the Application at any time, and without reason. Dressbest shall not be under any responsibility for temporary suspension or complete cessation of the Application or for deletion or not recording of the content of Application.
8. OTHER PROVISIONS
8.1. Dressbest may, unilaterally and fully on its own discretion, amend this Agreement at any time by posting on the Application, effective from the time of posting on the Application. Dressbest shall make the notifications to the User as required under this Agreement, using methods such as sending mails to the User’s e-mail addresses notified to Dressbest, or posting on the relevant parts of the Application available to the User. The User shall be required to monitor the amendments and updates announced on the Application. Provisions of this Agreement which are not amended shall remain fully in effect, and continue to result in all applicable consequences.
8.2. Events beyond the control of the parties, which are not foreseen at the time of execution of the Agreement by the parties, and fully or partially preventing the obligations arising from this Agreement, such as natural disasters, war, civil war, mobilisation, fire, explosion, rebellion, terror, cyber-attack, long term and broad power outage, or issuance of orders or amendments in the legislation that prevent access to the internet site(s) where advertisement(s) are to be published, or the IP addresses and ad server systems where such sites are connected to, preventing the publication of advertisement(s), shall be considered force majeure. In any case listed in this provision and any case legally considered force majeure despite not being listed herein, Dressbest shall not be held responsible for late fulfilment or non-fulfilment of any of its obligations under this Agreement. In case of force majeure; no delay, incomplete performance or failure shall be considered default, and no claim may be asserted by the User from Dressbest in such cases in any manner.
8.2. This Agreement shall be governed by Turkish law. Any dispute that arises / may arise from this Agreement shall be resolved by Istanbul Courts and Enforcement Offices.
8.3. Stamp duty, charges, taxes and other expenses that may arise from the Agreement shall be borne by the User.
8.4. This Agreement contains entire agreement on access to the Application and usage of the services, and supersedes all prior written or verbal agreements and undertakings.
9. COMMERCIAL ELECTRONIC MESSAGES
Dressbest may contact the User, via the contact details disclosed by the User including cell phone number or electronic mail address, for any purpose including offering of campaigns, advantages, promotions, publicity, advertisements, surveys, research and other customer satisfaction practices conducted by Dressbest, or providing information about the foregoing. The User hereby allows being contacted in this context. If the User does not want to be contacted for such purposes, he/she must contact Dressbest. The User may exercise its free right to refuse receiving commercial electronic messages, by contacting Dressbest via Dressbest’s email@example.com e-mail address at any time. Exercise of the right to refuse does not prevent Dressbest from making you notifications which are mandatory under the provisions of relevant legislation applicable to Dressbest.
10. EFFECTIVENESS OF THE AGREEMENT
This User Agreement enters into force at the time of approval by electronic means.