CONNECTHRIVE USER AGREEMENT
This User Agreement (“Agreement”) is entered into between ConnecThrive Information Technologies Education and Consulting Inc. (“Company”) and the person who is a User of the Company’s website www.connecthrive.com, for the purpose of determining the terms and conditions under which the User may use the services offered by the Company on its website.
The Company and the User shall be referred to individually as a “Party” and collectively as the “Parties” in this Agreement.
1. DEFINITIONS
The terms used in this Agreement shall have the following meanings:
Company/ConnecThrive: ConnecThrive Information Technologies Education and Consulting Inc.
Website/Marketplace: www.connecthrive.com/en/
Digital Solution: Refers to the software features on the ConnecThrive Website that enable the User to manage and execute their synchronous and/or asynchronous learning and development process.
User: Refers to all Service Providers (Professionals with a Profile Registration: Coach, Mentor, Trainer) and Service Recipients (Clients, Mentees, Training Participants/Purchasers with a Profile Registration, Users/Visitors without a Profile Registration) who use the Website.
Service Provider (Professional): Refers to a User who provides coaching, mentoring, and/or training services to other Users by utilizing the Website, Digital Solutions, and/or Services.
Service Provider Profile: Refers to the profile created by the Service Provider on the Website to introduce their knowledge, experience, and areas of expertise to the Service Recipient and to inform them about the services they can offer.
Service Recipient: Refers to the User who purchases coaching, mentoring, and training services offered by other Users through the Website; and who uses the Website, Digital Solution, and/or Services.
Service Recipient Profile: The Service Recipient Profile refers to the profile created on the Website by the Service Recipient to briefly introduce themselves and to be able to use the Website, Digital Solutions, and/or Services.
Inviting User: Refers to the User who creates a group via the Website and/or purchases the Program within the scope of the group; who personally enters the email addresses of the persons they wish to include in the group into the system and requests that registration and/or participation invitations be sent to these persons.
Invited User: Refers to the person who receives the registration and/or participation invitation sent by ConnecThrive via the email address entered into the system by the Inviting User; who confirms their registration and/or logs into the Website via the link provided to them as part of the invitation; and who, by confirming and/or logging in, declares their acceptance of this Agreement and its annexes in electronic form.
Program: Refers to synchronous (real-time) and/or asynchronous (non-real-time) learning and development solutions provided by Service Providers to Service Recipients via a website, digital solution, and/or services.
Session: Within the scope of programs sold to the Service Recipient via the Website, this refers to synchronous meetings/training sessions planned between Users via ConnecThrive, conducted online or in person, in connection with and subject to the Agreement and Terms of Use.
Content: Refers to text, graphics, images, music, software, audio, video, information, or other materials.
ConnecThrive Content: ConnecThrive Content refers to all content made available through ConnecThrive’s Website, Digital Solutions, and/or Services, including content licensed from third parties, but excluding the User’s own information.
Aggregated Content: Refers to the entirety of User Content and ConnecThrive content.
User Content: All Content submitted, uploaded, or published by a User for use via the Website, Digital Solutions, and/or Services, including but not limited to Content and Programs.
Program Fee: The amount payable by a Service Recipient to purchase the Program offered for sale by the Service Provider via the Website, Digital Solution, and/or Services.
Intermediary Service Fee: A commission charged by the Company on the Program Fee collected on behalf of the Service Provider.
Terms of Use: These are the terms of use published on the Website.
Online Payment System: Refers to the system that enables ConnecThrive or ConnecThrive’s partner payment institutions to collect the fee for the service to be received by the Service Recipient via the Service Recipient’s Website from the Service Recipient, under the terms and conditions specified in this Agreement, using credit cards, debit cards, or other payment methods supported by banks for online payments.
Approval Date: Refers to the date on which the user approves that the product or service purchased from the Website has been delivered without defect, or the date on which the maximum period specified by the Marketplace for giving such approval expires.
Agreement: This User Agreement.
Regulation: The Regulation on Service Providers and Intermediary Service Providers in Electronic Commerce, published in the Official Gazette dated August 26, 2015, and numbered 29457.
Intermediary Service Provider: A natural or legal person who provides the electronic commerce environment for the performance of economic and commercial activities belonging to others.
Tax or Taxes: Refers to sales taxes, value-added taxes (VAT), goods and services taxes, and other similar withholding taxes and personal or corporate taxes.
2. ACCEPTANCE OF THE AGREEMENT, ELECTRONIC APPROVAL, AND REGISTRATION/LOGIN/SSO (SINGLE SIGN-ON) WITH GOOGLE
By registering on the Website, creating an account, logging in, using the services, purchasing the Program, and/or using the Website in any way, the User the User hereby declares that they have read, understood, and electronically accepted this User Agreement, the Terms of Use, and all other policies and information texts on the Website (including but not limited to the Privacy Policy, Personal Data Protection Disclosure Text, and similar texts).
If the User registers on the Website via a Google account and/or logs in using a Google account (including one-click login methods), the User declares that by performing this action, they accept this Agreement and its annexes. The User acknowledges that they were given access to this Agreement and its annexes prior to registering and/or logging in with Google, and that they freely expressed their acceptance electronically.
The User acknowledges, declares, and undertakes that they can always access the current versions of this Agreement and its annexes via the Website; and that if they continue to use the Website and/or services, the current agreement and annexes in force shall be binding on them.
3. GROUP CREATION, INVITATION, AND THIRD-PARTY REGISTRATION
If the option to create a group and purchase the Program within the group is offered via the Website, the User creating the group (the “Inviting User”) personally enters the email addresses of the individuals they wish to include in the group into the system and requests that registration invitations be sent on behalf of these individuals.
The Inviting User acknowledges, declares, and undertakes that the email addresses entered into the system belong to the relevant individuals, that these individuals are authorized and consent to being included in the group and to receiving registration and informational emails from ConnecThrive, and that any legal, administrative, or criminal liability arising from any contrary situation shall be borne solely by the Inviting User.
The person who receives the registration/confirmation email sent as part of the invitation (“Invited User”) hereby declares that they have read, understood, and electronically accepted this User Agreement, the Terms of Use, and all policy and information texts on the Website at the moment they confirm their registration via the link in the email and/or log in to the Website. declares that they have read, understood, and accepted electronically this User Agreement, the Terms of Use, and all policy and information texts on the Website.
Upon confirmation of the registration/approval email by the Invited User, a user account can be created on the Website without any additional processing, and the Invited User can be included in the system as a Service Recipient within the relevant group.
ConnecThrive shall not be liable for any claims, complaints, damages, or penalties arising from the invited user’s email address being incorrect, incomplete, belonging to a third party, or added to the system without the consent of the relevant person. Such claims shall be directed exclusively to the inviting user.
ConnecThrive acts solely as a technical intermediary in the group invitation and registration process and is not responsible for monitoring the legal relationship, consent status, or communication permission between the Inviting User and the Invited User.
4. SERVICES PROVIDED BY CONNECTHRIVE
The services offered by ConnecThrive are provided within the framework of the Terms of Use. The Terms of Use are posted on the Website and may be updated by the Company from time to time as necessary. The updated version shall be effective for all parties concerned on the date it is published on the Company Website. The Terms of Use are an annex and integral part of this Agreement.
ConnecThrive ensures that the content created by the Service Recipient and Service Provider, or their service request information, is posted on the Website in accordance with the content reported to it and within the framework of this Agreement and its annexes.
The Website/Marketplace is only a platform; ConnecThrive is not the owner or provider of the services listed on the Website. Pursuant to Article 6/4 of the Regulation, ConnecThrive is an Intermediary Service Provider and is not obligated to monitor the content provided by real and legal persons using the electronic environment it provides services on, or to investigate whether there is any illegal activity or situation related to this content and the goods or services covered by the content.
5. OBLIGATIONS OF THE SERVICE PROVIDER
ConnecThrive shall not be liable for any offers, requests, acceptances, contracts, or payments between the Service Provider and the Service Recipient. The Service Recipient acknowledges and agrees that ConnecThrive shall not be liable for the scope, nature, quality, or subject matter of the services provided by the Service Provider, and that ConnecThrive cannot guarantee compatibility between the Service Provider and the Service Recipient.
All responsibility for services to be obtained from the Service Provider through the Website lies with the Service Provider. ConnecThrive has no responsibility whatsoever.
If the Service Recipient purchases a Program offering Session/Session services, the purchase notification will be sent to the relevant Service Provider via email. The Service Provider is obligated to contact the relevant Service Recipient within 48 hours of the purchase notification to schedule the Session/Session. If the Service Recipient reports that they have not been contacted within the specified time period within 72 hours after the purchase to info@ct.prismasite.art, and ConnecThrive verifies and confirms the accuracy of the situation and informs the relevant Service Provider of the situation by phone and/or email, but the Service Provider fails to provide the necessary communication and planning, the sale will be refunded. If the Service Recipient shares incorrect contact information and/or cannot be reached through the shared communication channels, the Service Provider shall be deemed to have fulfilled its obligation under this clause.
ConnecThrive does not endorse or recommend the Service Provider or their services, nor does it guarantee their work performance or the outcome or quality of the services provided. ConnecThrive may rank, rate, and categorize Service Providers through certain algorithms within the system, such as user ratings and user reviews, and may highlight certain Service Providers because they are highly liked, preferred, or satisfied; however, this does not constitute an endorsement or guarantee by ConnecThrive.
ConnecThrive is not responsible for the relationship between the Service Provider and the Service Recipient, and ConnecThrive shall not be liable for any damages caused by the Service Provider to the Service Recipient and/or third parties during the provision of the service or at any time.
ConnecThrive Service Providers make no warranty or representation regarding the reliability of the Service Providers, their suitability or competence to provide the relevant service, the provision or timely provision of services, their safety or accuracy, the adequacy or reliability of the results obtained from the use of the services, or the quality of the services meeting expectations.
ConnecThrive only attempts to communicate with the relevant Service Provider regarding the services listed on the Website and, where deemed necessary, attempts to perform reference checks using the information provided by the Service Provider. Even if verified by ConnecThrive, reference checks do not determine a Service Provider’s future conduct.
ConnecThrive, despite having no liability, will make reasonable efforts to ensure that the services provided by Service Providers are performed correctly and completely; however, if the Service Provider causes any harm to the Service Recipient and/or third parties and/or if any lawsuits, proceedings, and/or claims in this regard are directed at ConnecThrive, ConnecThrive expressly reserves the right to seek recourse from the Service Provider for all direct and/or indirect damages, as well as litigation costs, fines, and attorney’s fees, or to offset/set off such damages against the Service Provider’s rights and receivables with ConnecThrive without further notice.
ConnecThrive shall not be liable for any failure to provide the Service due to the Service Provider and/or Service Recipient not being present at the scheduled Session/Appointment date and time; but not limited to this, ConnecThrive shall not be liable for any errors/malfunctions/failure to perform the Service arising from the Service Recipient and/or Service Provider in the planning of the Session/Appointment, and other related matters.
ConnecThrive will make reasonable efforts to prevent such situations from occurring. The Service Provider and Service Recipient acknowledge, declare, and undertake that ConnecThrive shall not be liable for any compensation for any errors or damages that may occur.
The Service Provider guarantees the accuracy of the information and/or statements specified in the Service Provider Profile. ConnecThrive assumes no responsibility for the accuracy of the relevant information and/or statements.
ConnecThrive is not a seller, provider, dealer, agent, advertiser, or media organization within the scope of the Consumer Protection Law and related legislation regarding the services listed on the Website.
ConnecThrive may share the personal data of Service Recipients registered in its system, such as their name, surname, email address, and phone number, with the Service Provider for the purpose of scheduling Sessions/Sessions or providing the relevant service. Therefore, ConnecThrive is not responsible for any problems that may arise between Service Recipients and Service Providers or for any damage that may occur.
Service Recipient information is shared by ConnecThrive with the Service Provider for the purpose of providing the service or creating a Session/Appointment. This information sharing is intended to ensure the smooth provision of the service. The Service Provider shall not be liable for any issues that may arise between the Service Recipient and Service Providers or for any damages that may occur if the Service Provider uses the aforementioned information for advertising, marketing, personal, or any other purpose or situation without the Service Recipient’s consent, or if it shares or transfers such information with third parties.
There is no (a) employment, (b) part-time employment, (c) consultancy, (d) contracting, (e) joint venture, or (f) agency relationship between ConnecThrive and the Service Provider.
The Service Provider acknowledges, declares, and undertakes that ConnecThrive may deduct an Intermediary Service Fee from the Program Fee payable by the Service Recipient.
The Service Provider hereby agrees and undertakes to comply with the provisions of the applicable laws and regulations when using the Website belonging to the Intermediary Service Provider and not to violate them. Otherwise, all legal and criminal liabilities arising therefrom shall be borne solely and exclusively by the Service Provider.
The Service Provider may not use the Website belonging to the Intermediary Service Provider in any way that disrupts public order, violates public morality, disturbs or harasses others, for any purpose that violates the law, or in a manner that infringes on the material and moral rights of others. Furthermore, the Service Provider may not engage in activities that prevent or hinder others from using the services (such as spam, viruses, Trojan horses, etc.).
The Service Provider agrees and undertakes not to contact the Service Recipient, whose information it has accessed through the Website, for the purpose of excluding ConnecThrive, agreeing on a lower price, or avoiding the payment of commission fees, without ConnecThrive’s knowledge, in relation to a Program offered through the Website.
6. OBLIGATIONS OF THE SERVICE RECIPIENT
The Service Recipient shall be solely responsible for any administrative, legal, or criminal liability arising from its failure to comply with the terms and conditions set forth in this Agreement and its annexes.
The Service Recipient acknowledges that ConnecThrive is not a party to the agreement entered into with the Service Provider and bears no responsibility whatsoever.
The Service Recipient agrees to the Program Fee they wish to purchase being charged to their credit card.
The Service Recipient acknowledges that ConnecThrive has the right to store credit card information within the scope permitted by law in the payment institution system with which it has an agreement and to share it with system operators. ConnecThrive is not responsible for any malfunctions that may occur in the contracted payment institution system.
If the Service Recipient purchases an asynchronous Program/Content, the asynchronous digital content is assigned to the User account simultaneously with the payment, and this assignment is deemed to constitute performance of the service. In the event that access to the content cannot be provided or there is a technical malfunction, the Service Recipient is obligated to report the situation to info@ct.prismasite.art within 24 hours at the latest. Except for technical access issues, there is no right of withdrawal for digital content, and no refunds will be issued.
If the Service Recipient purchases a Program that offers Session/Session synchronization services, and the relevant Service Provider does not contact the Service Recipient within 48 hours of the purchase notification to schedule the Session/Session, the Service Recipient must report that they have not been contacted within the specified time period to info@ct.prismasite.art within 72 hours of the purchase. Otherwise, the Service Provider shall be deemed to have fulfilled this obligation. Furthermore, if the Service Recipient shares incorrect contact information and/or cannot be reached via the shared contact channels within the specified timeframe, the Service Provider shall be deemed to have fulfilled its obligation as outlined in this clause.
The Service Recipient is obligated to be present at the scheduled Session/Session date and time for the Service Provider to perform the service.
The Service Recipient is obligated to report any complaint regarding the service being defective or not performed at all during or within 48 hours after the performance of the Program providing the purchased Session/Session synchronous service to info@ct.prismasite.art. If no notification is made within this period, the service shall be deemed to have been performed in accordance with the contract.
The Service Recipient hereby agrees and undertakes to comply with the provisions of the applicable laws and regulations when using the Website belonging to the Intermediary Service Provider and not to violate them. Otherwise, all legal and criminal liabilities arising therefrom shall be borne solely and exclusively by the Service Recipient.
The Service Recipient may not use the Website belonging to the Intermediary Service Provider in any way that disrupts public order, violates public morality, disturbs or harasses others, for any purpose that violates the law, or in a manner that infringes on the material and moral rights of others. Furthermore, the Service Recipient may not engage in activities that prevent or hinder others from using the services (such as spam, viruses, Trojan horses, etc.).
The Service Recipient agrees and undertakes not to contact the Service Provider, whose information they have accessed through the Website, without ConnecThrive’s knowledge, for the purpose of excluding ConnecThrive, agreeing on a lower price, or avoiding the payment of commission fees.
7. CONNECTHRIVE’S RIGHTS AND AUTHORITIES
ConnecThrive may temporarily suspend or completely stop the operation of the system. Users do not pay ConnecThrive any usage fees for using the Website, and therefore shall not make any claims against ConnecThrive for the suspension or termination of the system.
ConnecThrive or its partner payment institution may temporarily suspend or completely stop the relevant User’s ability to make online payments with their credit card due to Service Recipient and Service Provider transactions that raise security concerns. For this reason, ConnecThrive shall have no liability to its Users and/or third parties.
ConnecThrive owns the intellectual property rights to all data generated through the use of the Website. ConnecThrive may compile reports containing demographic information without disclosing User information, or may use such information or reports itself, or may share such reports and/or statistics with business partners and third parties, either for a fee or free of charge. These actions do not constitute a violation of ConnecThrive’s privacy policy provisions.
ConnecThrive may notify its users of new services, projects, or news via email or push notifications. If users do not wish to receive such emails, they may opt out by sending a written notification to info@ct.prismasite.art or by contacting the commercial communication channel through which they received the notification.
In the event of any dispute between users regarding the infringement of intellectual property rights, ConnecThrive is obligated to take action based on a final and enforceable court decision presented to it. In other cases, ConnecThrive acts at its own discretion.
Comments/reviews received from Users regarding the Service Provider are published in a manner visible to all Users after ConnecThrive performs the necessary approval, review, and editing.
ConnecThrive has the authority to correct, rank, or publish or not publish such comments. ConnecThrive reserves the right to modify or terminate the Website (or any part thereof) temporarily or permanently at any time, with or without prior notice.
In order to protect the integrity of the Website, ConnecThrive may, at its sole discretion, block certain Users and users with specific internet protocol addresses from accessing the Website at any time.
Service Providers and Service Recipients are legally and criminally liable for the content they upload to the Website in accordance with Article 4 of Law No. 5651 on the Regulation of Publications Made on the Internet and the Fight Against Crimes Committed Through These Publications. The fact that the content has been published by ConnecThrive does not remove the legal, criminal, or other liability of the Service Provider and Service Recipient.
ConnecThrive reserves the right to make some or all of its services paid or free in the future. The pricing and commission policy for some services may change from time to time depending on the number, intensity, or quantity of services purchased or provided.
ConnecThrive may use SMS, email, or other technical tools to verify Users’ email addresses, mobile phone numbers, and other information, if it chooses to do so.
ConnecThrive may, without having to provide any reason, prohibit Users from using the Website and accessing their User rights, suspend their User status, or temporarily suspend their use if it determines that they have violated this Agreement or to the extent required by the circumstances.
In accordance with the legal regulation introduced by the Revenue Administration, ConnecThrive uses e-invoice and e-archive invoice applications. E-invoices for Users who are not e-invoice users will be created and stored electronically. Notifications regarding invoices created electronically will be sent to Users’ email addresses within 7 days at the latest, and invoices will be sent in PDF format via email. Invoices created electronically can be used as legal documents by all official authorities and institutions.
8. PAYMENT
The procedures and rules regarding payment transactions are regulated in the Terms of Use attached to this Agreement.
The Program Fee is determined in Turkish Lira in accordance with Law No. 6502 and is displayed as the final price including taxes.
ConnecThrive collects a 30% Agency Service Fee from the Program Fee paid by the Service Recipient. The Agency Service Fee is the consideration for the agency service arising from the sale of the service through the platform.
It must be specified in Turkish Lira (TL) on the Website.
The Service Provider has the authority to determine the Program Fee, and ConnecThrive has no obligation and/or responsibility in this regard.
The Program Fee will be collected by ConnecThrive from the Service Recipient.
If the Service Recipient purchases asynchronous Programs/Content, asynchronous digital content will be assigned to the User account simultaneously with payment, and this assignment will be deemed as fulfillment of the service. In the event of inability to access the content or a technical malfunction, the Service Recipient is obligated to report the situation to info@ct.prismasite.art within 24 hours at the latest. Except for technical access issues, there is no right of withdrawal for digital content, and no refunds will be issued.
If the Service Recipient purchases a synchronous Program offering Session/Session services, the Service Recipient may exercise their right of withdrawal within 14 days prior to performance, even if the Session/Session has been scheduled, provided that performance has not yet commenced. The withdrawal notice must be sent to info@ct.prismasite.art. When the right of withdrawal is exercised, the amount paid will be refunded within 7 days using the same payment method. If the Session/Session has been performed or the Service Provider has prepared for the session and started the performance (sharing digital material, special preparation for the appointment, etc.), the right of withdrawal is waived if the performance is made possible at the specified time, even if the Service Recipient does not attend the session.
If the Service Recipient purchases a synchronous Program offering Session/Session services, and the Session/Session is terminated by either Party and/or by mutual agreement of the parties before the specified time, or if the Service Recipient is not present at the Session/Session date and time, the relevant Session/ Session service shall be deemed completed, and ConnecThrive shall have no obligation to refund any part or all of the Program Fee paid by the Service Recipient.
ConnecThrive shall collect the Intermediary Service Fee from the Program Fee before paying the Program Fee to the Service Provider. The Intermediary Service Fee is set at 30% of the Program Fee. The remaining amount will be paid to the Service Provider by ConnecThrive and/or its partners by the end of the first Friday following the date of sale. The Service Provider acknowledges, declares, and undertakes that they consent to ConnecThrive deducting the Intermediary Service Fee from the Program Fee.
The Service Area Program Fee can be paid instantly online using the Online Payment System with a bank card, credit card, or similar payment method via other payment systems. For payments made using the Online Payment System option, if the card is used unlawfully by someone other than the cardholder, the provisions of the Bank Cards and Credit Cards Law No. 5464 dated February 23, 2006, and the Regulation on Bank Cards and Credit Cards published in the Official Gazette No. 26458 dated March 10, 2007, shall apply.
The Online Payment System acts as an intermediary for the payment institution with which ConnecThrive collaborates; therefore, the relationship between the Service Recipient and the Service Provider with the payment institution is independent of ConnecThrive, and the fulfillment of the obligations stipulated by the relevant legislation and the responsibility belong to the relevant payment institution.
The invoice for the Program Fee payment made by the Service Recipient via the Online Payment System will be issued by the Service Provider in accordance with the relevant legislation within 7 days of the payment date and sent to the Service Recipient. The invoice and other documents related to the service in question cannot be requested from ConnecThrive, and ConnecThrive is only obligated to issue an invoice for the Intermediary Service Fee collected from the Program Fee within 7 days and send it to the Service Provider.
If agreements are made with payment institutions for the Online Payment System, ConnecThrive is only obligated to send the necessary instructions to the relevant institution for the payment/refund of the relevant amounts. The relevant payment institution is responsible for storing and securely keeping the User information and all other necessary information, and for securely performing the transactions.
For the purpose of ensuring the operation of the system defined in this Agreement, the Service Provider authorizes ConnecThrive exclusively to collect fees for the services it provides on ConnecThrive from the Service Recipient, and the Service Recipient shall be deemed to have fulfilled its payment obligation under the service agreement by making the payment for the services to ConnecThrive.
9. WEBSITE CONTENT
To the extent permitted by applicable laws and regulations and subject to such limitations;
ConnecThrive does not guarantee that the Website will be error-free, uninterrupted, or secure, or that the use of the Website or any content, search, or link on it will produce specific results.
ConnecThrive cannot guarantee that any file downloaded from the Website will be free of viruses or other harmful or destructive features.
10. LIMITATION OF LIABILITY
To the extent permitted by applicable law, ConnecThrive is not liable for the acts, omissions, or conduct of any third party, Website Users, advertisers, and/or sponsors in connection with the Website or its use.
ConnecThrive is not liable for any data loss arising from the operation of the Website or the enforcement of its terms and conditions.
ConnecThrive takes all technical and administrative security measures regarding the information contained in its database; however, it accepts no responsibility for any consequences arising from the User’s information falling into the hands of malicious individuals and being used for malicious purposes as a result of attacks on its computer network and the database information on that network.
11. COPYRIGHT
The visual and written content provided on the Website is for personal use. ConnecThrive owns all domain names, logos, graphics, sounds, icons, designs, text, images, html code, other codes, demonstrative, written, electronic, graphic, or machine-readable technical data, the sales system applied, the business method, and the business model, and the intellectual and industrial property rights related to them (“Materials”) are protected by law. Unless otherwise specified, they may not be used without permission or attribution for commercial or personal purposes. Except for the User’s own official website and portfolio, it is prohibited to publish any element on this site in another medium or on another website.
The rights to the software used in the design of these pages and the creation of the database belong to ConnecThrive. Copying or using the aforementioned software, or reverse engineering the software and technologies used, is strictly prohibited.
The copyrights to all comments and criticisms sent to ConnecThrive belong to ConnecThrive. ConnecThrive reserves the right to make various changes to the comments in question, delete or completely remove comments, and may not publish some comments. ConnecThrive reserves the right to use all information, comments, and criticisms associated with the User account for its own marketing activities, subject to compliance with the terms of use, privacy principles, and applicable legal regulations.
12. CONTENT ON THE WEBSITE
Any ideas, advice, explanations, reviews, offers, or other information or content published via the Website belong to the relevant authors. The authors are solely responsible for the aforementioned content.
ConnecThrive does not guarantee the accuracy, integrity, or usefulness of any information on the Website and/or does not accept, endorse, or assume responsibility for the accuracy or reliability of any ideas, advice, or explanations provided by any person on the Website.
The Website may contain links or references to other websites not under ConnecThrive’s control. ConnecThrive is not responsible for the content of these sites or any other links they may contain.
ConnecThrive reserves the right to remove any illegal or prohibited content from the Website and terminate the membership of the violators. This provision covers, but is not limited to, the following types of content:
Content that is clearly offensive or insulting to other Users, such as racism, content that promotes hatred and physical harm against any group or person,
Content that harasses or advocates harassment of other Users,
Content that contains “junk mail,” “chain letters,” or unsolicited bulk mail or “spamming,”
Encourages information that you know to be false or misleading,
Encourages illegal activities or uses derogatory statements about others, creates unfair competition, encourages threatening, obscene, defamatory, or libelous behavior,
Providing pirated computer programs or links, providing information aimed at circumventing copy-protected devices installed during production, or providing pirated image, audio, or video files or links to pirated image, audio, or video files, thereby encouraging the illegal or unauthorized copying of another person’s copyrighted work,
Containing prohibited or password-protected pages or hidden pages or images (not provided as links from another accessible site),
Providing sexually explicit or violent material that exploits individuals under the age of 18 and/or requesting personal information from an individual under the age of 18,
Providing instructional information about illegal activities such as the production or acquisition of illegal weapons, the violation of another person’s privacy, or the distribution or creation of computer viruses,
Requests passwords or personally identifiable information from others for commercial or illegal purposes,
Includes commercial activities and/or sales such as contests, sweepstakes, exchanges, advertising, and pyramid schemes without our prior written consent,
Records, disseminates, or misuses the personal information of others,
Infringes on the intellectual and industrial property rights of third parties, such as trademarks and patents,
Engages in unfair trade practices and restricts competition,
Violates national and/or local consumer protection laws.
The user hereby accepts that the content of the profile they have created on ConnecThrive may be indexed by various search engines, may be displayed on search engine results pages, and may be viewed by third parties/institutions, and that they will be personally liable if the information shared in their profile contains any legal violations.
13. RESOLUTION OF DISPUTES AND COMPETENT COURT
This Agreement is governed by the laws of the Republic of Turkey.
The Parties shall endeavor to settle amicably any disputes arising from the application and interpretation of this Agreement.
The Parties acknowledge and declare that Consumer Courts shall have jurisdiction over consumer transactions and Istanbul (Central) Courts shall have jurisdiction over commercial transactions for the resolution of disputes that cannot be settled amicably.
14. STORAGE OF INFORMATION AND EVIDENCE AGREEMENT
User information, activities, comments/evaluations, etc. registered in the ConnecThrive system shall be stored for the maximum legal storage period.
The Parties declare, accept, and undertake that in any disputes arising from this Agreement, ConnecThrive’s commercial books and records, as well as the data stored in ConnecThrive systems, shall be accepted as conclusive evidence in accordance with Article 193 of the Turkish Code of Civil Procedure No. 6100.
15. BREACH AND TERMINATION OF THE AGREEMENT
Users shall be liable for any direct and/or indirect damages incurred by ConnecThrive and third parties as a result of their actions in violation of the provisions of this Agreement.
ConnecThrive may immediately terminate this Agreement unilaterally upon determining that it has been breached, without prejudice to any claims arising from this Agreement.
The Parties may terminate this Agreement at any time. The termination of the Agreement shall not affect the Parties’ rights to claim from each other.
16. PROTECTION OF PERSONAL DATA AND CONFIDENTIALITY
The Parties shall ensure that personal data transferred to them and/or transferred by them to the other Party within the scope of the performance of the Agreement are processed, protected, stored, and, upon the expiration of the purpose of storage or the legal retention period, deleted, destroyed, or anonymized. and the data subject’s notification prior to the data processing activity, and the implementation of the necessary technical and administrative measures for the protection of personal data, including but not limited to the requirements of the Personal Data Protection Law No. 6698 and secondary legislation. Each Party hereby acknowledges, declares, and undertakes that, in the event it transfers any personal data to the other Party, it has the authority to transfer such data, that the data subject’s explicit consent has been obtained, that the data subject has been informed about this matter, and that the transferred personal data has been processed in accordance with the law. If either Party fails to fulfill its legal obligations under the Personal Data Protection Law No. 6698, secondary legislation, and Personal Data Protection Board decisions (the Violating Party), and the other Party (the Non-Violating Party) suffers damage, compensation, administrative or judicial fines as a result, the Violating Party agrees and undertakes to immediately pay all damages and any consequences thereof to the Non-Violating Party upon the Non-Violating Party’s first written request. The obligations set forth in this article shall remain in force regardless of the termination of the Agreement.
Each party shall (a) keep strictly confidential all information disclosed to it under the Agreement, the terms and conditions of the Agreement, and information relating to the other party’s commercial activities and products, including but not limited to technical or commercial secrets, know-how, specifications, product formulas, pricing information, customer information, work products, and samples; and (b) not disclose such confidential information to third parties without the prior written consent of the disclosing party. The parties acknowledge and agree that their employees and subcontractor employees shall also comply with the obligations under this clause. The Parties shall provide access to confidential information only to their employees who reasonably need to know and use such confidential information for the performance of the Agreement between the Parties, on a need-to-know basis, and shall inform such employees of the confidential nature of the confidential information and their obligations in this regard. The confidentiality undertaking set forth in this clause shall remain in effect for a period of 10 years from the date of termination of the Agreement for any reason. Violation of this clause shall constitute a material breach of the Agreement and shall therefore result in compensation for any direct damages incurred by the other party.
16. ENFORCEMENT
This Agreement shall remain in effect as long as the Website continues to be used and ConnecThrive does not offer Users a new agreement.
ConnecThrive reserves the right to unilaterally amend or modify the Agreement, provided that such amendments or modifications are not detrimental to Users, in order to ensure the continuity of its intermediary services, address future technical necessities, or comply with applicable regulations.
ConnecThrive will publish any changes to the current terms of use on the Website under the same link with a new date update and, if deemed necessary, will notify Users via email or mobile push notification and submit them for approval. The updated Agreement will be effective as of the time it is published on the Website, and use of the Website or its services will be subject to the terms of the updated Agreement from that time onward.