Wialto.com service includes the Terms of Service provided below. The terms can be
updated at any time by the service provider. The effective terms after the last
date of update can be found in the “Terms of Use” link located on the main page.
The provisions in wialto.com’s terms of use also include terms related to rules
and notice periods.
DEFINITION OF SERVICE
Wialto.com; enables its institutional manufacturer, seller and buyer members operating
in industry and commerce fields to transmit their demands and price quotations over
the network that it has created. Under the scope of this service, industrial and
commercial products are available on wialto.com web site and are offered for sale
according to the demands of buyer members. However, naturally there is no limitation
to the subjects with attributes that can be included in the definition and terms
of the service. Otherwise, it would be obvious that subjects not covered by the
service would be limited. As you can understand and accept by reading this, the
service is “as is” based, and it does not accept any responsibility about losses
that may arise due to timeliness (delay in performance), deletion (corruption),
wrong delivery, and wrong storage of user communication and personal information.
Consequently, the user must fulfill all conditions and provide all necessary hardware
required in advance by the service.
CHANGES IN THE SCOPE OF SERVICE
wialto.com has the right to make changes in services, renounce temporarily or permanently
from the service provided without giving any notice. The user acknowledges that
wialto.com cannot be held responsible for any changes, halt / suspension or renunciation
from the service. wialto.com may amend the agreement, add articles or change the
places of existing articles as well as effecting any provision related to the site’s
usage at any time by informing users through the “Terms of Service” section of its
web site. All amendments become part of the original agreement and become effective
after its notification. If Wialto.com users continue using the program after the
amendment, the user is deemed to have accepted the agreement with its new form.
ACCOUNT CREATION AND REGISTRATION
As part of the account creation and registration procedure, the subscriber must
create a user ID and choose a password. Wialto.com registration information must
be filled in by the subscriber without any missing details and be updated in possible
future changes. An important responsibility of the user is to protect the secrecy
of his password. In addition, the usage of wialto.com account and keeping it in
an active state are also under the responsibility of the user. However, this responsibility
is not limited and persons authorized by the user can benefit from the service using
the user’s ID and password. The user is responsible from all transactions made by
persons authorized to use the user’s ID and password. User ID and password pertain
only to a corporate entity member and cannot be used by another corporate entity.
Otherwise, the user that allows another corporate entity to use his user ID and
password shall pay vindictive damages equal to five times the subscription price.
MEMBERSHIP
In wialto.com, user may choose one of the following three subscription types;
1. Manufacturer
2. Seller
3. Buyer
The user is liable to pay the price during registration and is accepted as a member
after paying the member registration price. Acts aimed towards eliminating the system
results in cancellation of the membership. In this case, the member cannot claim
any rights or receivables.
MANUFACTURER MEMBER
Manufacturer members can access all pages created for Manufacturer, Seller and Buyer
members, and can benefit from services determined for these types of subscriptions.
Manufacturer members can enter the products that manufacture to the system without
any limitation in product numbers. They can add product information, characteristics
and photographs to the site. Manufacturer members agree to pay the commissions indicated
in product information to wialto.com when they or their dealers / distributors registered
to the system sell the products marketed in the system.
SELLER MEMBER
Seller members can access to all pages created for Seller and Buyer members, and
can benefit from services determined for these types of subscriptions. They can
create sell offers for products entered to the system by manufacturer members and
can automatically provide price quotations to demanding buyers. They can also exchange
messages using the site with buyers that have previously sent communication information
to them with a message, or they can use other means of communication specified in
their communication information. Wialto.com gains the right to take its commission
after “order approval”, “delivery approval” and “payment approval” of buyer and
seller members. The seller members agree to pay the commission with the rate that
it has previously determined after the buying – selling transaction is completed.
If forms approved by the buyer are not approved by the seller member without any
just cause and if this action is repeated, it shall be considered as an “act towards
eliminating the system” and sanctions in relation to this definition become applicable.
BUYER MEMBER
Buyer members can only access to pages created for buyer members and can benefit
from services determined for this type of subscription. Buyer members can observe
products entered to the system by manufacturer members, make demands and can automatically
accept offers meeting its demand according to the sell offers created by seller
members, and request from the sellers to establish communication with them. If forms
approved by the seller are not approved by the buyer member without any just cause
and if this action is repeated, it shall be considered as an “act towards eliminating
the system”.
PRICE AND PAYMENTS
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System subscription prices;
|
|
Manufacturer Member
|
:
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EUR 150.00
|
|
Seller Member
|
:
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EUR 100.00
|
|
Buyer Member
|
:
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EUR 50.00
|
The above prices are for initial system subscription. Wialto.com may re-determine
the price base or put into effect new price tariffs by informing users with an announcement
to be published in the site. If buying – selling transaction is completed as explained
above, the commissions determined by buyer and seller members shall be paid to wialto.com.
If acted contrary to this provision, members acting this way shall not be allowed
to use the site and wialto.com shall have the right to use all legal means to collect
its receivables. The rate of commission to be paid by Manufacturers and Sellers
is the rate that is effective when the first demand comes. Changes made after the
demand comes do not cover this demand. In order to establish an account relationship
with wialto.com’s system, wialto.com user or member may need to provide its valid
credit card information. After completely and correctly filling credit card information
in the registration form and providing them to wialto.com, the user or member agrees
that wialto.com can make deductions for the prices or payments over this account.
After the registration fee is received, the credit card information provided is
not kept by the system. The member shall enter credit card information in each payment
transaction. It is under the responsibility of the user to assert that the credit
card is no longer safe (i.e. lost, stolen, password used or disclosed by unauthorized
persons, etc.), and wialto.com can in no case be held responsible for such cases.
Limitations relating to using the service can be made by wialto.com or the guarantor
bank of the credit card used for the registration document. If payments cannot be
deducted from the credit card or if wialto.com cannot receive the payment for any
reason, including refunds, wialto.com has the right to suspend or cancel your account
according to this agreement. If you have any problems or a question relating to
wialto.com’s billing policies, you should contact us via www.wialto.com.
NON-TRANSFERABLE LETTER OF CREDIT (IRREVOCABLE TRANSFER OF THE ACCOUNT)
The usage right of the site and service exclusively belong to the subscriber and
it is forbidden to make a sub-license agreement, transfer of rights, etc. without
the approval of the site. The subscription cannot be transferred to others. The
subscriber agrees to pay USD 500 as penal clause if this provision is violated.
DURATION
The subscription agreement is valid for 1 year and the collected subscription fee
is for a 1 year is for a 1 year period.
RENEWAL AND CANCELLATION OF SUBSCRIPTION
If it is demanded to extend the period for benefiting from subscription services,
the system must be informed 1 (one) month prior to the expiration of the account.
If the subscriber decides to end his subscription during the subscription period;
the remaining part of the subscription fee cannot be refunded in any way.
SCOPE OF GUARANTEE
The user acknowledges the following matters:
1) The risk of using the service completely belongs to the user. The service provides
what is actually “available” in an “as is” manner. Implications related to indicated
products, unintended situations, commercial suitability and appropriateness, fitness
for purpose are not covered by the guarantee.
2) Wialto.com has no responsibility relating to conflicts between the buyer and
the seller (seller sending defective goods, buyer not paying the price – delays
in product delivery and payment – delivery of wrong product – fake products, etc.).
Responsibility belongs to the buyer and the seller such situations.
3) wialto.com does not provide guarantee for the following matters:
a. The service immediately meets the demand
b. The service works without obstacles, in an uninterrupted and error free manner.
c. Results of service usage complete and reliable.
d. The service provides all expectations related to goods purchased or information
received through the service.
e. Any error in software can be fixed.
f. The web site, its contents and the servers may contain viruses or other harmful
elements.
4) The responsibility exclusively belongs to the user if any element loaded by the
user or by permission of the user during service usage causes loss of data in user’s
computer.
5) Any information or suggestion relating to the use of service, even though they
are provided by the service, are not covered under the guarantee if they are not
included in the terms of service.
6) Information generated by the web site wialto.com may contain opinions of third
parties or a variety of images, visual, auditory products, ideas, declarations,
articles, inventories or citations. Certain delays may be faced in the electronic
environment in case the above mentioned elements are erroneous, defective or dangerous.
According to this content, market information can only be used as references and
cannot be used for any other purpose.
7) The responsibility relating to the correctness of information or opinions belonging
to 3rd persons belong to such 3rd persons.
LIMITATION OF RESPONSIBILITY
The user explicitly agrees that wialto.com cannot be held responsible for any direct
or indirect, coincidental, exclusive or exemplary damages, profit losses, good faith,
and abstract losses. In addition, wialto.com is not responsible for situations including
but not limited to the following:
(İ) Unauthorized and unlicensed usage of the service
(İİ)Goods provided as spare parts, data, and information, transactions made in or
outside the service
(İİİ)Unauthorized access, change or transfer of information
(İV) Regulations or any act of 3rd parties
(V) Other situations related to the service
REGISTERED TRADEMARK INFORMATION
All materials in the site, without limitation all names, logos, registered trademarks,
service marks, drawings, articles, columns, graphics, photographs, demonstrations,
artistic drawings, audio and video clips, software and all elements used for the
creation of the service are controlled by wialto.com and the copyrights and industrial
rights of these materials belonging to wialto.com are protected by laws. It is forbidden
to copy, reiterate, publish, load, reproduce or use for any purpose elements indicated
here and all elements covered under intellectual and industrial rights without separately
obtaining permission from their respective owners. The user cannot add to, delete,
and disrupt any content inside this site. In spite of these prohibitions, if an
unauthorized person attempts to change these rights protected by laws or exploit
them, the good intentions of the unauthorized person shall not be taken into consideration.
wialto.com logo, products and services are registered trademarks of wialto.com.
Necessary permissions are taken from all other brands included in the site. As can
be understood, wialto.com is a news and information site, and protection of suggested
sites, names and brands are evaluated under their own scope. The protection right
of brands taking place in the cover and shown as references does not belong to wialto.com.
Wialto.com can only use the legal rights of its own brand. If you have any doubt
about the content of wialto.com or misuse of its registered trademark, please immediately
contact us from the communication address provided in the site.
VIOLATIONS
Please inform us of the violations of the terms of service using our communication
address provided in the site.
DISCONTINUATION OF THE SERVICE
wialto.com may discontinue providing services to users who do not conform to the
terms of service or may refuse to provide services to such users.
APPLICABLE LAW
Turkish law shall govern this agreement. The provisions of the Turkish Trade Law
shall be applicable in case of a conflict arising from the violation of the agreement.
The parties agree that conflicts shall be resolved by way of commercial arbitration.
Istanbul Courts are the competent authorities if arbitration court is not sufficient.