GENERAL TERMS AND CONDITIONS

Borusan Birleşik Boru Fabrikaları Sanayi ve Ticaret AŞ. (hereinafter referred to as the “COMPANY“) offers a service that enables visitors to implement innovative ideas and offer different solutions using the form presented on the platform of the website, https://factory.borusanboru.com/en/.

The COMPANY does in no way undertake to establish a business relationship with the users who present their opinion on the website.

The purpose of these General Usage Terms and Conditions (hereinafter referred to as “Terms and Conditions“) is to define the terms of access and use of the “Borusan Pipe Factory Innovation Network” (hereinafter referred to as the “DOMAIN“).

These Terms and Conditions is drawn up by Borusan Birleşik Boru Fabrikaları Sanayi ve Ticaret AŞ. with its registered office at Pürtelaş Hasan Mah. Meclisi Mebusan Cad. No.37 Beyoğlu/İstanbul and Trade Registration Number: 69531 and will be applicable to the users of the DOMAIN (hereinafter referred to as the “USER“).

The purpose of this document is to provide information about your rights and obligations regarding the use of the functions offered through the DOMAIN. If DOMAIN is used for any purpose, in any way, these Terms and Conditions are deemed to be unconditionally accepted. The USER cannot access DOMAIN without accepting the Terms and Conditions.

Access to the DOMAIN is, as a rule, free of charge.

ARTICLE 1- PURPOSE OF GENERAL USAGE TERMS AND CONDITIONS

These Terms and Conditions are concluded between the COMPANY and the USER (hereinafter referred to as “PARTIES”) and regulate the rights and obligations of the PARTIES to arise when using the DOMAIN.

The COMPANY is obliged only to make commercially reasonable efforts to fulfill its obligations. The COMPANY may not be deemed responsible in any way for any malfunctions and consequences that may arise for the USER or any third party.

The COMPANY reserves the right to suspend, discontinue or limit access to all or part of DOMAIN product, without prior notice, especially for maintenance and updates required for proper operation of DOMAIN and related equipment, or for any other technical reason.

ARTICLE 2- ACCESS AND REGISTRATION CONDITIONS

I. Acceptable Use Policy (the “Policy”) – USER’S General Obligations

Within the scope of DOMAIN’s use, the USER undertakes not to violate public order, to comply with applicable laws and regulations, to respect the rights of third parties and to comply with these Terms and Conditions.

Each USER undertakes to fulfill the following obligations.

• Acting fairly and diligently before the COMPANY and third parties,
• Providing only accurate information to the COMPANY and other USERS if possible,
• Using the DOMAIN only for the purposes set out in these Terms and Conditions,
• Not using the DOMAIN for committing a crime and for the violation of the provisions in force,
• Not using the DOMAIN to refer USERS to another website or service,
• Respecting the privacy of third parties and the confidentiality of change and
• Not affecting DOMAIN’s data processing system

II. Using DOMAIN

The portal https://factory.borusanboru.com/en/ provides access to the project calls proposed by the COMPANY and, where appropriate, innovative offers the evaluation of which is entirely at the initiative of the COMPANY.

Contents of the offers: You will be solely responsible for the content of any offer or information you post on this website, and BORUSAN will not accept any liability for the content of the published or downloaded items. Please contact BORUSAN to report any errors, defamatory statements, slander statements, negligence, lies, obscenity, pornographic material, or profanity that you may notice on this Website. BORUSAN reserves the right, at its sole discretion, to remove or replace any material that you may have posted that is deemed harmful, offensive, or inappropriate for other reasons.

III. General Obligations of the COMPANY

The COMPANY undertakes the following obligations within the framework of these provisions regarding the DOMAIN:

• Adhering to all applicable regulations, especially the Law on Protection of Personal Data Numbered 6698,
• Not to violate the rights of third parties, especially intellectual property rights.

ARTICLE 3- DISCLAIMER OF LIABILITY AND LIMITATION OF LIABILITY

1. General Principles

The USER is solely and exclusively responsible for the use of the DOMAIN and the content it shares on DOMAIN. The COMPANY cannot be held responsible for any use of the DOMAIN or the content shared on the DOMAIN.

The COMPANY cannot be held responsible for the following:

• Unusual and illegal use of the DOMAIN,
• Use of the DOMAIN in violation of these Terms and Conditions,
• The DOMAIN being interrupted or not being able to use the DOMAIN by some means or other due to technical maintenance processes or disruption caused by the web-based network beyond the control of the COMPANY
• DOMAIN not being compatible with the software and hardware of the USER, which is exclusively under the responsibility of the user.

The COMPANY is obliged to make commercially reasonable efforts to fulfill its obligations herein, and does not assure, undertake, or guarantee full, complete, or excellent performance.

However, by the nature of the Internet (connecting a large number of independent users interacting with each other), no one can guarantee the overall functioning of the networks from the beginning to the end. Under no circumstances can the COMPANY be held responsible for any damages it did not cause directly.

Regardless of the nature of the legal action, the COMPANY cannot be held liable for any loss, including, but not limited to, any profit loss, advantage, savings or income, third party loss, or indirect damages against the USER and their consequences, under these Terms and Conditions and their provisions. The USER is exclusively responsible for any direct or indirect, material or unmaterial damages to the COMPANY caused by himself/herself or his/her employees or to third parties in connection with the USER’s use of the DOMAIN and its functions.

Even if the contract expires or is terminated, the PARTIES have explicitly agreed that this provision of the contract will continue to be enforced.

In addition, the COMPANY does not warrant that its networks are free from viruses or other harmful components. Therefore, it is the USER’s obligation to take all appropriate measures to prevent his or her data and/or software from being affected by any virus circulation on the Internet.

The COMPANY will try to ensure that the information on the DOMAIN is as accurate as possible. However, the COMPANY cannot be held responsible for any deficiencies, inaccuracies, and omissions in the updates due to the COMPANY or third parties providing this information.

ARTICLE 4 – INTELLECTUAL PROPERTY RIGHTS

All registered or unregistered intellectual property rights such as title, business name, brand, patent, logo, design, information, content and method on this Website belong to Borusan Pipe, the operator and owner of the website, and are protected under national and international law. Visiting this website or using the Platform created for members on the website does not grant any rights regarding the intellectual property rights in question.

Documents shared by the USER on the DOMAIN may be stored and used by the COMPANY. The USER hereby accepts and undertakes that, he/she holds all intellectual and industrial and usage rights on the information he/she shares on the DOMAIN, that he/she does not violate the rights of third parties, and that by sharing this information, he/she grants the COMPANY all rights, including using these information and documents in any way and method, having them used, reproducing, disseminating, publicizing, processing, and commercializing them, that he/she will not request any fee, compensation or any other claim whatsoever for such reason, and that all third-party liability will be under his/her own responsibility without any time limit if the third parties claim a right on information and documents shared by the User.  

ARTICLE 5 – SERVICE CONTINUITY

DOMAIN is accessible 24/7, except for force majeure and events that may occur beyond the control of the COMPANY.

However, for the proper functioning of the DOMAIN and related equipment, the COMPANY may decide to cease and suspend service to all or part of the DOMAIN, without prior notice to the USER, for necessary technical maintenance or update purposes or for any other reason.

The USER is informed that the COMPANY may terminate the service offered by the DOMAIN or make changes in the quality of the service without notifying to and consulting with the USER.

ARTICLE 6 – PROTECTION OF PERSONAL DATA

As a result of activities such as using and visiting the platform, and creating a membership, personal data of real persons may be processed. Detailed information on processing of your personal data can be found in the Information Notice on Processing Personal Data of the Users of Borusan Pipe Factory Innovation Network. As the information about legal entities is not deemed as personal data within the scope of the Law on Protection of Personal Data (the “Law“) Numbered 6698, the information regarding the legal entity of the member companies of the platform is not covered by this Law.

ARTICLE 7 – COOKIES

Cookies are small files of numbers and letters that are stored on your browser, computer, or mobile device when you visit a website. Technical cookies may be used on the Website so that the Borusan Pipe Factory Innovation Network can function properly, to enable users to browse the platform and to benefit from the services offered by the Platform. These cookies are cookies that are necessary for the use of the Website and ensure the functionality of the website. Access to some or all the Website may not be possible if these cookies are disabled. The information collected through cookies may only be used for the purpose of using the Website and improving the services.

ARTICLE 8 – MISCELLANEOUS

Istanbul (Central) Courts and Enforcement Offices are authorized to resolve disputes that may arise from the application of these Terms of Use.

All notices to be sent to the parties regarding these Terms of Use will be made using the Member’s known e-mail address and the e-mail address(es) specified when creating the user accounts. The member hereby agrees that the address specified when creating the user account is his/her valid notification address, and if the address changes, he/she will notify Borusan Pipe in written within five days, otherwise the notifications sent to the former address will be considered valid.

You may send us your questions and comments about the Terms of Use and the website using the address Meclisi Mebusan Cad. No: 35-37 Salıpazarı BEYOĞLU/İSTANBUL or you can reach us via the information on the DOMAIN.