Terms of service

Please read the “Website Terms of Use” carefully before using our website.

WEBSITE TERMS OF USE AND MEMBERSHIP AGREEMENT

Customers who use and shop through this website shall be deemed to have accepted the following terms:

The web pages of our website and all pages linked thereto (the “Site”) are owned and operated by COSMOPUBLIC İÇ VE DIŞ TİCARET A.Ş. (the “Company”) at www.thenewlab.com. By using and continuing to use the services provided on the Site, you (the “User”) shall be deemed to acknowledge and accept that you are subject to the following terms; that you are over 18 years of age and have the right, authority and legal capacity to enter into a contract under the laws applicable to you; and that you have read and understood this Agreement and agree to be bound by the terms set forth herein.

This Agreement imposes rights and obligations on the parties in relation to the Site that is the subject matter of this Agreement, and upon accepting this Agreement, the parties declare that they will duly, accurately and timely fulfill the aforementioned rights and obligations in accordance with the conditions stipulated herein.

1. Responsibilities

1.1. The Company reserves the right to change the prices and the products and services offered at any time.

1.2. The Company agrees and undertakes to enable the member to benefit from the services subject to this Agreement, except in cases of technical malfunctions.

1.3. The User acknowledges in advance that they will not conduct reverse engineering on the Site or engage in any other activity aimed at discovering or obtaining its source code, and that otherwise they shall be liable for any damages that may arise towards third parties and may be subject to legal and criminal proceedings.

1.4. The User agrees that, in their activities on the Site, in any part of the Site or in their communications, they will not create or share content that is contrary to public morality and decency, unlawful, infringes upon the rights of third parties, misleading, offensive, obscene, pornographic, violates personal rights, infringes copyright, or encourages illegal activities. Otherwise, the User shall be fully responsible for any resulting damages, and in such cases, the “Site” authorities may suspend or terminate such accounts and reserve the right to initiate legal proceedings. For this reason, if requests for information regarding activities or user accounts are received from judicial authorities, the Company reserves the right to provide such information.

1.5. Members of the Site are solely responsible for their relationships with one another and with third parties.

2. Intellectual Property Rights

2.1. All registered or unregistered intellectual property rights, including trade names, business names, trademarks, patents, logos, designs, information and methods contained on this Site belong to the Site operator and owner Company or the relevant rights holder specified herein and are protected under national and international law. Visiting this Site or benefiting from the services provided on this Site does not grant any rights whatsoever with respect to such intellectual property rights.

2.2. The information contained on the Site may in no way be reproduced, published, copied, presented and/or transferred. The whole or any part of the Site may not be used on another website without authorization.

3. Confidential Information

3.1. The Company shall not disclose the personal information provided by Users through the Site to third parties. Such personal information includes the User’s first and last name, address, telephone number, mobile phone number, e-mail address and any other information intended to identify the User, and shall collectively be referred to as “Confidential Information.”

3.2. The User acknowledges and declares that they consent to the Company, as the owner of the Site, sharing their contact information, portfolio status and demographic information with its affiliates or group companies to the extent limited to promotional, advertising, campaign, promotion, announcement and similar marketing activities. Such personal information may be used within the Company for the purposes of determining customer profiles, offering promotions and campaigns suitable for customer profiles, and conducting statistical studies.

3.3. Confidential Information may only be disclosed to official authorities where such information is duly requested by the competent authorities and where disclosure to official authorities is legally mandatory pursuant to the applicable mandatory provisions of law.

4. Disclaimer of Warranties

This provision of the Agreement shall apply to the maximum extent permitted by applicable law. The services provided by the Company are provided on an “as is” and “as available” basis, and the Company makes no express or implied, statutory or other warranties regarding the services or the application, including all information contained therein, including any implied warranties of merchantability, fitness for a particular purpose or non-infringement.

5. Registration and Security

The User is required to provide accurate, complete and up-to-date registration information. Otherwise, this Agreement shall be deemed to have been breached and the User’s account may be terminated without prior notice to the User.

The User is solely responsible for the security of their passwords and accounts on the Site and third-party websites. The Company shall not be held liable for any data loss, security breach, or damage to hardware or devices arising otherwise.

6. Force Majeure

If the parties become unable to perform their obligations arising from this Agreement due to reasons beyond their control, including natural disasters, fires, explosions, civil wars, wars, riots, public disturbances, declaration of mobilization, strikes, lockouts and epidemics, infrastructure and internet failures, power outages and similar circumstances (collectively referred to below as “Force Majeure”), the parties shall not be held liable for such failure to perform. During such period, the rights and obligations of the Parties arising from this Agreement shall be suspended.

7. Severability and Enforceability

If any provision of this Agreement becomes partially or wholly invalid, the remaining provisions of the Agreement shall remain in full force and effect.

8. Amendments to the Agreement

The Company may partially or wholly change the services provided on the Site and the terms of this Agreement at any time. Such amendments shall become effective as of the date they are published on the Site. It is the User’s responsibility to follow such amendments. By continuing to benefit from the services provided, the User shall be deemed to have accepted such amendments as well.

9. Notices

All notices to be sent to the parties in connection with this Agreement shall be made via the Company’s known e-mail address and the e-mail address provided by the User in the membership form. The User acknowledges that the address provided during registration is their valid address for service of notices, and undertakes to notify the other party in writing within 5 days in the event of any change. Otherwise, notices sent to such address shall be deemed validly served.

10. Evidence Agreement

In any disputes that may arise between the parties in relation to transactions concerning this Agreement, the parties’ books, records and documents, as well as computer records and fax records, shall be accepted as evidence pursuant to the Turkish Code of Civil Procedure No. 6100, and the User agrees not to object to such records.

11. Resolution of Disputes

The Courts and Enforcement Offices of Istanbul (Central) Courthouse shall have jurisdiction over the resolution of any and all disputes arising from the implementation or interpretation of this Agreement.