PLEASE READ THIS AGREEMENT CAREFULLY.
BY APPROVING THIS USER AGREEMENT FOR THE PURPOSE OF BENEFITTING FROM www.borfin.com OR BY USING www.borfin.com, YOU ARE DEEMED TO HAVE READ THIS AGREEMENT, UNDERSTOOD ITS CONTENTS AND ACCEPTED ITS PROVISIONS.
1- PARTIES AND SUBJECT MATTER
This www.borfin.com User Agreement (hereinafter referred to as the "AGREEMENT") regulates the rights and obligations of the parties with regard to the use of www.borfin.com Stock Exchange, Finance and Economy Education Platform (hereinafter referred to as "BORFIN") that provides online education content for a fee in return for access and has been prepared exclusively for the USERS of www.borfin.com who are subscribers of MGASOFT Software Information Distribution and Consultancy Services Ltd. (hereinafter referred to as " MGASOFT"). In this AGREEMENT, the term "USER" refers to YOU. This AGREEMENT concerns the registration of the USER and the use of BORFIN by the USER, within the framework of the usage, scope, and terms provided by the access package chosen by the USER, limited to the access of the USER to the www.borfin.com website over the Internet. ( All updates that may be made from time to time by MGASOFT at its sole discretion and may be published on the BORFIN website are also included in this AGREEMENT.)
In the AGREEMENT, BORFIN and USER are collectively referred to as the PARTIES.
By clicking the "Sign Up" button on the BORFIN website and completing the registration process and/or by starting to use BORFIN, the USER declares electronically that they have read this AGREEMENT, are informed about its provisions and accept all of its provisions. If the USER does not accept this AGREEMENT, they should not register and use BORFIN.
If this agreement is accepted on behalf of a legal entity, it demonstrates that the person is authorized to do so. If this agreement is accepted without authorization, the person who has performed an unauthorized act shall be jointly and severally liable with the legal entity for the legal sanctions specified in this AGREEMENT.
2- LICENSE and INTELLECTUAL PROPERTY
All intellectual and/or industrial property rights on the content, programs and works obtained through BORFIN are owned by MGASOFT, its affiliates and subsidiaries and/or third parties who are rights holders on the works, including content, environment or platform providers of MGASOFT. USERS cannot engage in activities that violate the intellectual and/or industrial property rights of MGASOFT and/or its affiliates and subsidiaries and/or third parties who are rights holders on BORFIN and its content, including content, environment or platform providers of MGASOFT.
By becoming a registered user of the system, the USER only obtains an individual access license to BORFIN. The access license granted to the USER with this AGREEMENT provides the right to access, temporarily run, display and use BORFIN within the framework of the rights and limitations specified in this AGREEMENT. MGASOFT grants the USER a simple ( non-exclusive) use license to use in accordance with the documents that may be given together with BORFIN.
The USER agrees not to modify, adapt, translate, sell any element of the content in BORFIN, not to prepare derivative or processing works from this content/product/service, not to disrupt the structure of this content/product/service, not to use any content, images, clips, music works or compositions that they use within this service for purposes outside this AGREEMENT, not to modify them, not to attempt to reverse engineer them in a way that will disrupt their integrity, and not to attempt to publish them in any media. The USER cannot download and save all or part of BORFIN on their computer. The USER cannot produce a copy of BORFIN in part or in whole. They cannot allow others to use these copies for any purpose, and cannot make them available for their use or knowledge.
The USER agrees not to remove, conceal or modify the notices of copyright, trademarks or other registration rights of third parties, including MGASOFT's or its content, media or platform suppliers, within the scope of BORFIN or related to BORFIN, on the content.
According to this AGREEMENT, the USER agrees to maintain the confidential information learned about the system, works on which third parties have intellectual property rights, including content, media or platform suppliers of MGASOFT, or MGASOFT, partially or completely, directly or indirectly, to third parties, and not to disclose or disclose it.
MGASOFT reserves all rights to its property, including MGASOFT services, MGASOFT information, works subject to MGASOFT copyright, MGASOFT trademarks, MGASOFT trade dress or all kinds of tangible and intangible rights, commercial information and know-how.
If the USER fails to comply with the commitments and obligations under this clause, the USER will be solely responsible for third-party company, institution and third-party requests, and will be responsible for paying the compensation amount requested from MGASOFT for the damages suffered by third parties, including but not limited to licensors, and all expenses, including court costs and attorney's fees, without limitation.
3- USER'S RIGHTS AND OBLIGATIONS
Non-Commercial Use: All content provided by BORFIN is for personal use only, excluding commercial purposes. The USER cannot publish, copy, reproduce, process, modify, directly or indirectly broadcast or show to a community, make it publicly available, or use it to obtain any income or similar benefit. It is prohibited for the USER to use or show BORFIN content in public places. The USER cannot attempt to provide BORFIN for others' use. BORFIN cannot be used on multiple computers, workstations, and/or servers at the same time. The USER can access the scope of usage rights for the BORFIN package in which they are included by accessing "www.borfin.com" or other web addresses that may change in the future. By accepting this AGREEMENT, the USER is considered to have accepted the scope of usage rights for these packages. Therefore, please read the information about the packages carefully by accessing the relevant addresses. MGASOFT reserves the right to change the membership rights granted to the USER at any time. The USER cannot perform any actions or interventions that would harm the websites, goods or services, software, data, or the environment or platform providers of MGASOFT or prevent third parties from benefiting from MGASOFT services. The USER cannot transfer, rent, use or offer it to third parties, or sell the right granted by this AGREEMENT in any way without MGASOFT's written permission. The use of BORFIN is always subject to the conditions of this AGREEMENT.
Proper Use: The USER agrees to use BORFIN in compliance with all national and international legislation, internet usage rules, and laws in force. The USER cannot use BORFIN for unlawful, fraudulent, or inappropriate purposes, or allow any third party to do so, participate in or encourage such actions, or act in violation of this AGREEMENT in a manner revised from time to time, or use the rights acquired by this AGREEMENT for third parties or allow a third party to use them. MGASOFT may terminate this AGREEMENT if the USER performs such acts. In this case, all other legal rights of MGASOFT are reserved.
4- MGASOFT'S RIGHTS AND OBLIGATIONS
MGASOFT may provide "links" to other websites and/or portals, files, or contents owned and operated by third-party vendors, providers, and other third parties that are not under the control of MGASOFT. These "links" may be provided by MGASOFT only for reference purposes and do not represent any endorsement or warranty of any kind regarding the person or entity operating the website or site or the information contained therein. MGASOFT has no responsibility for the services or products offered or the contents of the portals, websites, files, and contents accessed through these " links."
MGASOFT may use USER information or membership-related USER information in any manner and indefinitely for the purpose of USER security, performing its obligations, and conducting statistical evaluations as it sees fit. MGASOFT may classify and retain this data in a database indefinitely. USER and MGASOFT are independent parties in legal terms. They do not have a partnership, representation, or employer-employee relationship with each other.
MGASOFT may make changes to BORFIN and documentation without prior notice.
MGASOFT may remove the BORFIN that you obtained for free or make it chargeable without prior notice.
MGASOFT may communicate with the user and provide advertisements and/or notifications using the contact information provided by the user during registration on the site or during site-related processes. The user may revoke this permission from the "User Information" section under the "Panel" link.
5- THIRD PARTY RIGHTS
USER agrees not to use BORFIN to transmit or send any data or other materials that may (a) infringe or violate third party rights (including but not limited to intellectual property rights), (b) be harmful or disruptive to hardware, or ( c) cause harm to third party computer systems, networks or equipment. USER acknowledges that in case of any violation, USER shall be solely responsible and liable for any damage and loss arising therefrom, as well as any claim for damages or losses that may be brought by third parties. USER further agrees that MGASOFT shall not be a party or counterparty in any related claims, complaints or similar matters, and in case of any breach of this provision by USER, MGASOFT shall have the right to recover from USER all damages, including but not limited to any compensation paid to third parties, and other losses incurred as a result of such breach, and USER hereby declares, accepts and undertakes to pay such compensation, damages and expenses without reservation, upon request by MGASOFT, as non-refundable payment.
6- NECESSARY HARDWARE
It is the responsibility of the USER to provide and maintain all necessary computer hardware and communication equipment required to access and/or use BORFIN. The USER acknowledges that MGASOFT has no responsibility for any software-hardware incompatibilities and, therefore, MGASOFT will not be liable for any damages resulting from such incompatibilities. The USER acknowledges that MGASOFT's liability is limited to the grant of a usage license.
7- LIMITATION OF LIABILITY
BORFIN, which is a SUPPORTIVE PRODUCT OF EDUCATION, is a supplementary resource developed to reinforce the information obtained by students and teachers from primary sources, limited to the subjects covered by BORFIN. MGASOFT does not provide any performance or service level guarantee or commitment for BORFIN within the scope of the "as-is sale" principle. At the same time, MGASOFT does not fully guarantee the scientific or interpretive accuracy of the information contained in BORFIN. MGASOFT is not responsible for BORFIN not directly serving the USER's purpose.
MGASOFT is not responsible for any problems or damages that may arise on the USER's side during the use of the content in BORFIN.
The USER agrees to use all content provided on www.borfin.com only for their own needs and at their own risk. Any data loss or computer system damage arising from the use of MGASOFT's content or use of BORFIN is the responsibility of the USER, and MGASOFT has no liability in this regard.
MGASOFT does not guarantee 24/7 uninterrupted availability of BORFIN to USERS and does not provide any service or performance level commitments in this regard. The effective use of BORFIN and all the results of this use are the responsibility of the USER, and MGASOFT is not responsible for any direct or indirect damages that may arise due to BORFIN not providing the expected results or being incomplete or unsuitable for its purpose. MGASOFT will not be liable for any loss or damage arising from (a) any loss or damage resulting from the use of any content offered through BORFIN, or any music, image, photograph, software, equipment, or content errors, damages, or impairments; or (b) any infringement of copyright and property rights that may arise from the use of BORFIN by the USER. MGASOFT has the right, entirely at its discretion, to modify, remove and/or add any content presented in BORFIN.
7- LIMITATION OF LIABILITY
MGASOFT is not responsible for any damage, including but not limited to material and/or moral and/or direct and/or indirect damages arising from the version update of BORFIN.
MGASOFT is not responsible for any damage, including but not limited to material and/or moral and/or direct and/or indirect damages arising from the use of BORFIN for a purpose that is legally prohibited or unlawful or contrary to legal regulations.
MGASOFT is not responsible for any damage, including but not limited to material and/or moral and/or direct and/or indirect damages that cannot be compensated through legal means or arising from the use of BORFIN by MGASOFT.
MGASOFT is not responsible for any damage, including but not limited to material and/or moral and/or direct and/or indirect damages arising from unexpected technological developments.
BORFIN is designed as an educational support product and presented to the USER as a non-custom product for their personal purposes. MGASOFT is not responsible for any material and/or moral and/or direct and/or indirect damage that may arise in cases such as commercial loss or lack of success, interruption of commercial activities, loss of information/data/files/images, etc. (and not limited to these) due to the use or inability to use BORFIN.
In any case, MGASOFT's liability, including but not limited to any damage arising from BORFIN, is limited to the license fee paid for BORFIN if it is applicable under any provision of this AGREEMENT.
8- CONTRACT AMENDMENTS
MGASOFT may amend this AGREEMENT at its sole discretion and unilaterally at any time it deems appropriate. The amended provisions of this AGREEMENT shall be effective as of the date they are announced on the www.borfin.com website; USER shall be deemed to have accepted these changes to this AGREEMENT after the changes have been published on the BORFIN website. We recommend that you review this AGREEMENT frequently to be aware of these changes. The remaining provisions shall continue to be in force and effect. This AGREEMENT may not be amended by the unilateral statements of USER.
9- FORCE MAJEURE
In all cases legally considered "force majeure", MGASOFT shall not be liable for any delay, incomplete or non-performance of its obligations as defined in this AGREEMENT. Such situations, including but not limited to natural disasters, riots, wars, strikes, communication problems, infrastructure and internet failures, power outages and adverse weather conditions, shall not be deemed as delay, incomplete or non-performance or default for MGASOFT, nor shall any compensation be claimed from MGASOFT under any name for these situations. The term "force majeure" shall be interpreted as events that are beyond the reasonable control of MGASOFT and cannot be prevented despite its necessary care, including but not limited to the aforementioned situations.
10- EFFECTIVENESS AND TERMINATION OF THE AGREEMENT
The USER is deemed to have accepted the terms and conditions set forth in this AGREEMENT and this AGREEMENT shall enter into force indefinitely between the PARTIES as soon as the USER declares that they use BORFIN or accepts this AGREEMENT.
Starting from the date the USER uses BORFIN or approves this AGREEMENT, the USER accepts and undertakes to compensate immediately for any damages and losses that MGASOFT and/or third parties may incur due to the USER's non-compliance with the rights and obligations specified in the AGREEMENT and/or failure to fulfill their actions and commitments.
This AGREEMENT and the right of the USER to use BORFIN under the AGREEMENT will automatically become invalid without the need for any warning if (a) the USER terminates the use of BORFIN and terminates their membership by complying with the instructions for withdrawal from membership, (b) any of the termination reasons listed in this AGREEMENT occur, or (c) the subscription agreement between the USER and MGASOFT for any reason is terminated.
In case of termination of this AGREEMENT and your right to use BORFIN for any reason;
If the USER violates any of the provisions of the AGREEMENT, MGASOFT has the right to immediately terminate the agreement and cancel the USER's access to BORFIN and the access granted under this AGREEMENT. MGASOFT may notify the USER in writing that the AGREEMENT will be terminated if the situation is not corrected within 10 (ten) days at its sole discretion. If the situation is not corrected within this period, MGASOFT may terminate this AGREEMENT by written notice.
MGASOFT reserves the right to unilaterally cancel the USER's BORFIN access license without prior notice if it detects any violation of the law or criminal use.
Upon termination of this AGREEMENT, the USER agrees, declares, and undertakes to delete all kinds of content, information, music, images, and other types of content obtained from BORFIN from all computers and/or storage environments under its ownership, management, or control if MGASOFT requests it.
11- RESOLUTION OF DISPUTES
This AGREEMENT and the implementation, interpretation, management of legal relationships arising from the provisions of this AGREEMENT, and the resolution of disputes shall be subject to Turkish Law. The PARTIES agree that İSTANBUL Courts and Enforcement Offices are authorized to settle any disputes arising from the implementation of this AGREEMENT.
The USER agrees and undertakes that he/she will keep all kinds of information he/she will learn about this AGREEMENT and MGASOFT confidential indefinitely, regardless of any termination of this AGREEMENT.
13- CONTACT INFORMATION AND CUSTOMER SERVICE
If you have any questions or problems related to BORFIN and the AGREEMENT, you can contact MGASOFT Customer Service at +90212 644 20 20 phone number.
14- OTHER PROVISIONS
The USER cannot transfer this AGREEMENT and the rights he/she has under this AGREEMENT to another person or institution.
The USER acknowledges that MGASOFT can unilaterally determine its rights and may assign or subcontract its rights and obligations under this AGREEMENT to a third party/ institution/ person without the consent of the USER.
MGASOFT shall not waive any of its rights by delaying or enforcing only a part of its rights under this AGREEMENT. Waivers of violations or defaults with respect to the provisions of this AGREEMENT or the rights to be exercised with respect to such defaults shall not be effective unless they are reduced to writing and signed by the waiving party. Waiver of any violation or default shall not be construed as a waiver of any subsequent violation or default.
If any provision of this AGREEMENT is held invalid or unenforceable by a court and/or competent authority, it shall not affect the validity or enforceability of the remaining provisions of the AGREEMENT. If a provision or some provisions of this AGREEMENT are found to be inapplicable by a court or competent authority, MGASOFT will correct or separate such provision(s) in accordance with the mandatory provisions of the law and in a manner appropriate to achieve the purpose set forth in this AGREEMENT, or may decide to exclude such provision(s) from this AGREEMENT and let the other provisions of this AGREEMENT remain fully effective and valid.
If the USER violates any provision of this AGREEMENT, MGASOFT has the right to resort to all legal means.