USER AGREEMENT

Thank you for using our website www.bulundum.com or mobile application (“bulundum.com Platform or Platform”).

By visiting the Platform or using the services offered on the Platform, regardless of your method of access or use, you acknowledge that you have read, understood and agreed to be bound by the terms and conditions contained in this User Agreement (“Agreement”) and bulundum.com Privacy Policy. If you do not agree with the terms and conditions in this Agreement, you should not use the Platform.

The terms “User” and “you” used in this User Agreement shall refer to persons who use the Platform either through simply visiting the Platform, or creating a user account, regardless of duration or frequency of visit. The terms “bulundum.com” and “we” used in this User Agreement shall refer to Bulundum Bilgi Teknolojileri Yazılım Pazarlama ve Ticaret A.Ş.

IMPORTANT NOTICE

Please pay attention to the following remarks before reading the rest of the terms and conditions of this Agreement.

Privacy Policy

Privacy of our users is very important to us. bulundum.com Privacy Policy has been developed therefore to explain how we may process your personal data and use cookies and similar technologies. Any information that you provide to us is subject to the aforementioned Policy, and by visiting bulundum.com Platform, you expressly consent your personal data to be processed in connection with your use of the Platform according to our Privacy Policy. You may read our Privacy Policy and obtain information about how your personal data may be processed and how to use your rights on your personal data, and decline or delete cookies and similar technologies, before you continue to use the Platform.

UPDATES

You must be aware that we, as bulundum.com, may modify the User Agreement, or adopt new terms and conditions at any time, by uploading the updated terms and conditions to the Platform. By continuing to access or use the Platform after updates being made, you agree to be bound by the updated terms and conditions. Therefore, you are required to regularly check the User Agreement and cease using the Platform if you do not agree to any updates made. 

1. SCOPE

1.1. This User Agreement sets forth terms and conditions which shall apply to your use of bulundum.com Platform. Regardless of the duration or frequency the mere fact that you visit the Platform signifies that you have read, understood and agreed to be bound by the Agreement, as of the date of your first visit to the Platform.

1.2. In addition to the User Agreement, bulundum.com may adopt new terms and conditions which will govern the use of particular features or pages in the Platform. By using such pages or features it shall be deemed that you have read, understood and agreed to be bound by the terms and conditions contained therein. If you do not agree to such special terms and conditions, you shall not use such pages and features of the Platform.

2. USER ACCOUNT

2.1. In order to use the services, certain features or content offered on the bulundum.com Platform, you may need to register for a user account.

2.2. You shall not act on behalf of another person or entity while registering for a user account, unless you are authorized to act on behalf of a legal person.

2.3. In order to open a user account, you are required to choose an available username and password, accept the terms and conditions required for user registration, and provide other information requested by bulundum.com. The information we request shall be processed and stored within the scope of purposes and rules set forth in bulundum.com Privacy Policy.

2.4. You hereby declare, accept and undertake that all information provided by you in connection with your account is, and will be up to date valid, accurate and complete, and you will immediately comply with any requests issued by bulundum.com to such effect. Failure to comply with this obligation may result in the temporary or permanent suspension of your account.

2.5. Unauthorized Use

2.5.1. The services and content provided on the bulundum.com Platform are designed and intended solely for your personal use. Therefore, you should not share your account and/or account information (including single use passwords and codes) with any other person.

2.5.2. You are solely responsible for maintaining the confidentiality and security of your account and all kinds of activities that occur on, or through your account. Third persons using the user account of another person are not deemed to have any right provided to User under this Agreement, however, they will be obliged to comply with all obligations of the User under this Agreement.

2.5.3. You must immediately notify bulundum.com in case of any security violation in your account, by using the contact details provided under “Notices” section below.

2.6. Use of the Account

2.6.1. You must use your user account in compliance with this Agreement and relevant legislation.

2.6.2. The acts listed below shall be considered as unacceptable use of your user account:

i. Allowing or causing third parties to use or otherwise benefit from bulundum.com or its content through your account,

ii. Executing transactions on behalf of third parties,

iii. Using your account for any commercial or illegal purposes,

iv. Selling, renting, transferring, lending, swapping or otherwise disposing of your Account or Account information in any other manners.

2.6.3. In the event of usage of your account in breach of this Agreement, bulundum.com may, without prejudice to any of its rights and authorizations, suspend or terminate your account, temporarily or permanently.

3. GENERAL RULES FOR THE USE OF THE PLATFORM

3.1. We have established certain fundamental rules to ensure security, integrity and trustworthiness of the Platform. In this regard, you are required to comply with any of the following rules (including refraining from any attempt to violate them or assisting another person to do so).

i. You are restricted to engage in any activity that constitutes a violation of law, this Agreement, or other terms and conditions to be applied for the use of certain features or pages of the Platform.

ii. You are restricted to use Platform to the detriment of the Platform or in a way preventing other users from using the Platform.

iii. You are restricted to overload on our infrastructure excrecently or disproportionately.

iv. You are restricted to use any robot, spider, or other automated means to access the Platform or content for any purpose including getting access, controlling or copying Platform or the content in the Platform.

v. You are restricted to use or distribute viruses or other computer programming routines that may damage, intercept or expropriate the Platform or other systems of bulundum.com.

vi. You are restricted to probe, scan, or test for vulnerabilities in the Platform.

vii. You are restricted to use unauthorized programs that interacts or interfere with the content, software of Platform, or any part of these, including but not limited to hack, cheat, bot, cheat file, mod and automation programs.

viii. You are restricted to use any programs that prevents, imitates or commutates the communication or that collect information about the content by reading the memory areas used by the content to save information about the content between bulundum.com and its software/systems.

ix. You are restricted to use Platform or the content in the Platform in an unauthorised way or use these except for commercial or personal purposes.

x. You are restricted to take any action that may cause us to lose of the services from our internet service providers, contractors, payment system providers, solution partners and other suppliers.

xi. You are restricted to share or publish advertisements or any other content for advertisement purposes through platforms provided by Platform.

xii. You are restricted to engage in any intellectual property infringement.

3.2. The User accepts and declares that he/she/it will act according to the provisions of this Agreement including the abovementioned ones, all conditions specified in the Platform, the legislation in force and ethics in all kinds of transactions and correspondences carried out through Platform. The legal and criminal liability of the User regarding the transactions and acts carried out in the Platform is incumbent on him/her/it.

4. THE PRINCIPLES REGARDING BULUNDUM.COM LOST ITEM MATCHING AND DELIVERY SERVICES

4.1. bulundum.com provides Users with services such as searching and matching the lost item through a database (“Database”) populated through postings or notifications made by persons who find a lost item (“Finder or Finders”), communicate with the person who found the lost item and delivery of lost items.

4.2. The illustrative information, description and keywords are entered to Database solely by Finders, therefore, bulundum.com is not liable towards the Users or third persons regarding the accuracy, completeness, timeliness or lawfulness of these information, description and keywords.

4.3. The User can detect whether there is a notification matching with his/her lost item by making a search on the Database using keywords or by filling a form. In the event there is a match as a result of a search performed by the User, the User may contact the person who found his/her lost item through user account opened pursuant to Article 2 of this Agreement or other means foreseen by bulundum.com.

4.4. The notifications on the Database regarding some lost items may not be publicly listed to all Users. In such case, the User may need to fill the lost item form requested by bulundum.com in order to make search or matching.

4.5. Within the scope of matching, bulundum.com solely functions as a mediator via its technical systems and tools setup through the Platform and bulundum.com does not give any warranties or covenants that there will be a match between the notifications and searches made regarding lost items or the matching results will be accurate. The Finder may ask questions to the User in relation to the ownership of the item or use other methods he/she deems appropriate in order to inspect whether he/she is the rightful owner of the lost item. The ultimate decision on the ownership of the item shall be completely at the sole discretion of Finder. Within this regard, bulundum.com has no liability due to the questions to be asked by the Finder to determine whether the User is rightful owner or the methods to be used for this purpose, the misspecification of rightful owner, non-delivery of the lost item to rightful owner, or delivery of the lost item to a person who is not the rightful owner or any other acts of the Finder or damage or loss of the item.

4.6. In case a User receives a lost item, which does not belong to him/her, he/she is required to notify such situation to bulundum.com within 3 days through [email protected] e-mail address.

4.7. bulundum.com is entitled to change and remove the lost item notifications or terminate the correspondences carried out through Platform regarding the matches without any reason and at any time.

4.8. bulundum.com is entitled to impose any restriction regarding the number of the lost item notifications to be made on the Platform, length of the screening of the notifications, access frequency of the User, the number of the messages to be sent through Platform and so on.

4.9. You hereby agree and undertake not to use Platform and Database to acquire the items which you are not entitled for or in order for any other unlawful purpose, and not to perform any act which misleads the Finders, bulundum.com, and our business partners.

4.10. Delivery of the Lost Item

4.10.1. The User may demand the lost item to be shipped to him/her/it through bulundum.com delivery services, or receive the lost item from the Finder personally, upon Finder confirms that he/she/it is the rightful owner of the lost item.

4.10.2. In order to be able to use the delivery services, you need to (i) have a bulundum.com user account and (ii) accept the Privacy Policy and Pre-Information and Distance Service Contract along with this Agreement. In the event you use delivery services on behalf of third persons, we may additionally require you to share the identity information of third persons you act on behalf of and a statement made by such persons including the consent regarding the delivery.

4.10.3. The delivery services provided through bulundum.com shall be carried out subject to compliance with domestic and international delivery legislation, and in this regard, each lost item demanded to be delivered may not be shipped by bulundum.com.

4.10.4. bulundum.com may not provide the delivery service by considering the size and general features of the lost item.

4.10.5. In case the User demands and pays for the delivery service, bulundum.com shall deliver the lost item to the person and address specified by the User through contracted cargo firm.

4.10.6. Time of delivery is designated in accordance with the tariffs applied by contracted cargo firm by considering the size, kilo, delivery address of the post. The delivery time of the lost item is only predictive, not certain.

4.10.7. In terms of the delivery of the lost item, performing all kinds of customs procedures, providing the information and documents and payment of taxes, charges and expenses other than delivery fee shall be solely borne by the User.

4.10.8. The User is obliged to provide all information and documents requested for non-damaged and timely delivery of the lost item by bulundum.com, completely and accurately. The User agrees and undertakes that bulundum.com or contracted cargo firm shall not be held liable in any manner for the damages and losses on or for the late delivery of the item incurred as a result of that such information and documents are deficient or incorrect or that these are not provided at all or on time or that the Finder packaged the item inappropriately.

4.10.9. The User accepts and undertakes to indemnify bulundum.com regarding the damages and expenses incurred to bulundum.com in the event bulundum.com pays for the re-shipment or customs expense or in any other event that bulundum.com incurs a damage as a result of that the User provided deficient or incorrect information and documents regarding the delivery, or that he/she did not perform the customs procedures that he/she is required to do, or that he/she did not receive the item subject to delivery or any other misconduct of him/her, or the rejection or cancellation of the payment by the bank or paying agency.

4.10.10. bulundum.com shall not be held liable for the damage or loss of the item or the late-delivery of the item due to the acts of the contracted cargo firm or the Finders or acts of third persons that may constitute a crime or the negligences of such persons. No liability may be attributed to bulundum.com regarding the physical condition, security, content and legal status of the lost item.

4.11. Delivery Fee

4.11.1. In consideration of the performance of the delivery service by bulundum.com upon the User’s demand, the User accepts and undertakes to pay the delivery fee which is determined by considering the size, weight, delivery address and other similar factors and which is notified to him/her through the Platform or other methods by bulundum.com.

4.11.2. You hereby accept that unless otherwise stipulated by bulundum.com, the delivery fee shall be paid in the cash form through the Platform or other methods, by using the credit card or other electronic payment methods we notified you thereof. In the event a payment is rejected or cancelled due to insufficient balance or any other reason, bulundum.com is entitled to request you to pay the delivery fee or not to perform the delivery where the delivery fee is not paid.

4.11.3. You are required to provide us with your invoice data necessary to issue an invoice accurately and completely through your user account and keep such information updated and comply with any requests issued by bulundum.com to such effect.

5. TECHNICAL REQUIREMENTS AND AVAILABILITY

5.1. bulundum.com does not undertake or guarantee the availability of the Platform on a continuous or uninterrupted basis. The Platform may be inaccessible, inoperable, or interrupted completely or partially for any reason including, but not limited to, technical malfunctions, maintenance, repairs, replacements and updates. The User accepts, declares and undertakes not to recourse to the bulundum.com’s liability based on abovementioned reasons.

5.2. You must have compatible devices, equipment, and software and Internet access in order to use the Platform and the services provided through the Platform. You are solely responsible for obtaining necessary information in order to meet said technical requirements and use the device and equipment, and the quality of the provided services may be affected based upon these factors.

6. INTELLECTUAL PROPERTY

6.1. All content included in the Platform, including without limitation the text, graphics, user interfaces, visual interfaces, software, scripts, source code, API, photos, sounds, music, videos, interactive features, trademarks, logos and their arrangement and the right to use these are owned by bulundum.com, and protected by intellectual property and unfair competition law.

6.2. The User hereby agrees not to copy, modify, rent, lend, sell, distribute, process, exploit or create derivative works (either as idea or software) from the content of the Platform under any circumstances. Under this User Agreement, bulundum.com does not grant any kind of right to the User regarding the content or use of content.

7. THIRD PARTY WEBSITES

7.1. The Platform may contain links to third-party websites. Third party websites act independently, and that these third-party websites take place at the Platform does not refer to that these third parties and bulundum.com is related, or bulundum.com supports, approves or verifies these linked websites. bulundum.com does not give any warranty or covenant regarding any content including advertisement, material, product and services of such websites.

7.2. You hereby expressly accept and declare that bulundum.com is not responsible for the operation and application of third-party websites outside of the Platform and that any demand, complaint or dispute arising from or in conjunction with these websites cannot be claimed against bulundum.com. You should learn about the privacy policies and terms and conditions applicable to third-party websites and make your own judgement before you access thereto.

8. DISCLAIMER OF WARRANTIES AND COVENANTS

8.1. ANY PROVISION OF THIS AGREEMENT SHALL NOT BE CONSTRUED AS A WARRANTY OR COVENANT GIVEN BY BULUNDUM.COM. THE PLATFORM AND ALL KIND OF CONTENT AND SERVICES OFFERED THEREIN ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND, PERTAINING TO THE PLATFORM, AND CONTENT AND SERVICES PROVIDED THROUGH, PAYMENT INSTRUMENTS, FINDERS, AND CONTRACTED CARGO FIRMS AND OTHER BUSINESS PARTNERS OF BULUNDUM.COM AND THEIR GOODS AND SERVICES.

8.2. THE PROVISIONS SET FORTH IN THIS ARTICLE SHALL ALSO ENURE TO THE BENEFIT OF OUR AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS AND LICENSORS.

8.3. ANY PROVISION IN THIS ARTICLE CANNOT BE CONSTRUED AS A STATEMENT OF INTENTION BY BULUNDUM.COM TO COMMIT THE AFOREMENTIONED ACTS OR A STATEMENT OF ACCEPTANCE THAT SUCH EVENTS WILL OCCUR.

9. LIMITATION OF LIABILITY

9.1. BULUNDUM.COM SHALL NOT BE HELD LIABLE TOWARDS USER, OR THIRD PERSONS RELATED WITH USER IN REGARDS TO ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RESULTING FROM LOSS OF PROFITS OR REVENUE, ARISING OUT OF, OR IN CONNECTION WITH THE USAGE OR NON-USAGE OF PLATFORM, OR SERVICES PROVIDED BY BULUNDUM.COM, UNDER NO CIRCUMSTANCE OR CAUSE OF ACTION, INCLUDING BUT NOT LIMITED TO CONTRACTUAL, TORT OR CARE LIABILITY, OR ANY KIND OF LEGAL OR CRIMINAL LIABILITY PRINCIPLE OR ARRANGEMENT EVEN IF BULUNDUM.COM  HAS BEEN AWARE OR SUPPOSED TO BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

9.2. TO THE FULLEST EXTENT PERMITTED BY LAW, THE USER ACCEPTS THAT THE LIABILITY OF BULUNDUM.COM IS LIMITED WITH THE DELIVERY FEE PAID BY THE USER, AND SUCH LIMITATION SHALL BE APPLICABLE FOR ALL KINDS OF CLAIMS TO BE BROUGHT AGAINST BULUNDUM.COM BASED ON ANY LEGAL LIABILITY ARRANGEMENT OR PRINCIPLE.

10. INDEMNIFICATION

10.1. The User is obliged to defend, indemnify and hold harmless bulundum.com and its affiliates, subsidiaries, employees, directors, representatives and business partners from and against any and all demands, liabilities, claims and expenses, including reasonable attorney fees and expenses arising out of or relating to his/her/its use of the Platform in breach of this User Agreement and the legislation, or violating the rights of third parties.

11. FORCE MAJEUR

11.1. Force majeure refers to situations where bulundum.com cannot be expected to perform its obligations arising from this Agreement completely or partially because of the inevitable reasons beyond its reasonable control. These situations include but not limited to the situations such as natural disaster, strike, lockout, any law, regulations and directives, interference of official authorities, practises of local or foreign authorities, war, riot, or civil commotion, malfunction in facilities or equipment.

12. SEVERABILITY

12.1. If any term, condition or provision in this Agreement is held to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall not affect the validity, legality or enforceability of other provisions, or any other documents referred to in this Agreement.

13. NOTICES

13.1. All kinds of notices or other correspondences required or agreed to be delivered to bulundum.com pursuant to this Agreement shall be in writing and in Turkish, and shall be deemed duly sent, delivered and received if sent (by hand, registered mail, courier or express delivery service or e-mail) during business days, to the contact information set forth below, unless bulundum.com makes a notice regarding the change of address.

E-mail address: [email protected]

Phone number: 02123674961

Address: Maslak Mah. Eski Büyükdere Cad. İz Plaza Giz Apt. No: 9/78 Sarıyer/ İstanbul

13.2. Unless otherwise provided under this Agreement, any notice or other communication required or agreed to be sent to the User under this Agreement shall be in writing and in Turkish, and shall be deemed duly sent, delivered and received if sent (by hand, registered mail, courier or express delivery service, e-mail or fax,) to the contact information provided by the User. bulundum.com may prefer to make notice through your user account instead of mentioned methods.

14. LANGUAGE

14.1. This Agreement is provided in the Platform in English and Turkish language options, however, to the extent allowed by law, the Turkish language version of this Contract is binding and other translations are for User’s convenience only.

15. GOVERNING LAW AND DISPUTE RESOLUTION

15.1. This Agreement and interpretation of it shall be governed by the laws of the Republic of Turkey. Any claim, controversy or dispute arising out of or in connection with this Agreement shall be exclusively submitted to Istanbul (Caglayan) Courts and Execution Offices.