1. COMPANY DESCRIPTION
Ameera Danismanlik Ltd. Sti. is operating particularly the websites www.ameera.com.tr / www.ameera.ch in the Internet. In connection with the operation of these websites (and other websites, hereinafter referred to as "Ameera Websites"), Ameera Consulting has a number of offers of goods and services some of which are featured on the websites above. The information about prices, particularly in a separate price list of Ameera Consulting is an integral part of these Terms and Conditions.
As far as the terms "Ameera", "company", "we" or "us" are being used on this website, they refer to Ameera Consulting in general.
2. ACCEPTANCE AND MODIFICATION
Ameera Consulting does not accept diverging terms and conditions of third parties, particularly not in case of contracts concluded through and/or on any of the Ameera Websites.
Ameera Consulting reserves the right to change this website (and/or any other Ameera Website), particularly these Terms and Conditions as well as the indicated and/or offered information regarding goods and/or services or to discontinue offering goods and/or services at any time without prior announcement. In any event, goods and/or services featured on this website (or any other Ameera Website) shall be subject to availability, in particular to sufficient stocks.
In case of change of the website, Ameera Consulting will post a new dated version on the Website without sending notifications and/or without prior announcement. Ameera does not guarantee that indications of prices on this website reflect the suggested or actual retail or wholesale prices of the goods and/or services. Therefore, Ameera Consulting invites you to consult these Terms and Conditions from time to time in order to familiarize yourself with any changes.
3. COPYRIGHT AND INTELLECTUAL PROPERTY
The content contained, featured, downloadable etc. on this Website (and/or any other Ameera Website), particularly namely but not limited to the texts, marks, logos, diagrams, pictures, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, computer software, applications and processes of the Ameera websites are the property of Ameera Consulting and/or its affiliated companies or are used with the authorization of the respective owners (respectively refer to such third party owners), and accordingly are protected by copyright, trademarks, patents, design rights and all other intellectual or industrial property rights which exist under any law which might be applicable.
Except as provided in the Section “Use of the Websites” hereinafter, nothing contained on the Websites shall be interpreted or construed as granting you a license or a right to use any such content of any Ameera Websites.
Pictures, texts, graphics, computer software etc. which are contained, featured and/or downloadable on this website (or other Ameera Websites) may not be copied, downloaded or used in any other way unless indicated otherwise there. The downloading and/or printing of individual pages and/or parts of this website (and/or other Ameera Websites) shall be permissible, provided that neither copyright notes nor other legally protected terms are removed and the source is indicated completely. If data and/or programs are downloaded from this website (or other Ameera Websites) or reproduced in any other way, all ownership and intellectual property rights shall remain the property of Ameera Consulting or any third party owner. The (complete and/or partial) reproduction, transmission (electronically and/or otherwise), modification, linking or use of this Website (and/or any other Ameera Websites) for public or commercial purposes shall not be allowed without the prior written consent of Ameera Consulting and the complete indication of the source. Ameera Consulting does not grant the users of the Ameera Websites any rights (in particular no intellectual property rights), excepting the rights that are necessary to use the Ameera Websites. You may not frame any page of any Ameera Websites.
4. ACCOUNT / PASSWORD
After the successful registration for the "signin" area, each user receives a username and a password for this "signin" area. Each user is obliged to keep this information about username and password secret and not to hand it over and/or make it otherwise accessible to third parties. Each user is fully liable for any consequences of failing to keep his username and/or password secret and also for any use of his account.
Every user who knows or assumes that his account is being used or has been used without authorization by a third party, is obliged to report this immediately to Ameera Consulting (by e-mail to firstname.lastname@example.org. As far as permitted by law, Ameera Consulting can in no event be held liable for any damages resulting from the use (particularly unauthorized use of the account).
5. USE OF THE WEBSITES
Content contained, featured, downloadable etc. on the Website (or any other Ameera Websites) may not be copied, downloaded or used in any other way unless indicated otherwise on this Website (or the respective other Ameera Websites) or unless allowed by the applicable law.
The downloading and/or printing of individual pages and/or parts of this Web site shall be permissible, provided that neither copyright notes nor other legally protected terms are removed and the source is indicated completely. If data and/or programs are downloaded from this Web site or reproduced in any other way, all ownership and intellectual property rights shall remain the property of Ameera Consulting and/or any third party owner. The (complete and/or partial) reproduction, transmission (electronically and/or otherwise), modification, linking or use of this Website (or any other Ameera website) for public or commercial purposes shall not be allowed without the prior written consent of Ameera Consulting, and the complete indication of source. You may download, display or print the content of the Website (or any other Ameera Websites) solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including but not limited to the reproduction, modification, distribution, transmission, or broadcast of the content of any of the Ameera Websites, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of Ameera Consulting. In any case, Ameera Consulting does not grant the users of its websites any rights (in particular no intellectual property rights such as licenses), except as far as necessary to use and/or view the website.
Ameera Consulting neither warrants nor represents that your use of any content displayed on its Websites will not infringe rights of third parties. In case any content displayed on any of the Ameera Websites should be illegal for you to view (due to any applicable legal regulations), it is your sole responsibility to refrain from viewing and/or otherwise using such content.
6. INFORMATION DEEMED NON-CONFIDENTIAL
Any other information or material communicated to Ameera Consulting through the Internet, by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, graphics or the like, are and will be treated as non-confidential and non-proprietary. Anything you transmit and/or post becomes the property of Ameera Consulting and may be freely used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. By transmitting and/or posting such content, you can confirm and warrant that you have sufficient rights for such transmission and/or posting and that you agree to such use.
Specifically, Ameera Consulting is free to use any ideas, concepts, know-how, or techniques contained in any such communication you post on and/or send to any Ameera Websites for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products using such information. Any such use is without compensation to those providing the information, nor anyone else.
By submitting information, you are warranting that you own the material/content submitted, that it is not defamatory, and that Ameera's use will not violate any third party’s rights. Ameera Consulting is under no obligation to use the information provided and/or to mention its source.
7. DISCLAIMER OF WARRANTIES
Without prejudice any material, information and all that you find on this website (and/or any other Ameera Website) are furnished to you “as is”, in function of their availability, and without guaranty of any sort, express or implied, including, among others, the implied warranty of merchantability, or fitness for any particular purpose.
Ameera Consulting does not guarantee that its websites and/or their content will correspond to your expectations, will not be interrupted, are timely, secure and/or free of error.
8. WAIVER/LIMITATION OF LIABILITY
You access, use, browse and navigate on this Website (and/or any other Ameera Websites, including websites of affiliated companies) at your own risk and peril.
You recognize and accept that, to the fullest extent permitted by applicable regulations and laws, that neither Ameera Consulting, any of its affiliated companies, nor any other party involved in creating, producing or delivering the Website and/or making the website accessible, may be held liable for any direct, indirect, or consequential damages, any injury to reputation, cost, losses, decrease in turnover, profits or liabilities of any nature whatsoever (even if the advent of such damage was known or could have been known to Ameera Consulting and/or any persons affiliated to Ameera Consulting), capable of arising from your access to, or use of, or on the contrary the impossibility to use, the Website of their content.
To the maximum extent permitted by law, Ameera Consulting shall in no event be liable for or guarantee (explicitly, implicitly or otherwise) the correctness, completeness, accuracy, durability, assurance of features, reliability, workability, merchantability, quality, fitness for a particular purpose, achievement of results, non-infringement of proprietary rights or the absence of any deficiencies of any goods and/or services which are featured on this Website (and/or other Ameera Websites). In addition, to the maximum extent permitted by law, Ameera Consulting shall also not be liable for or guarantee the results of the use of statements, information, downloadable data and files etc. on this and/or other Ameera Websites. All statements, information, downloadable data and files etc. on this and/or any other Ameera Websites are made available without liability or guarantee for their correctness, completeness, accuracy, durability, assurance of features, reliability, workability, merchantability, quality, fitness for a particular purpose, achievement of results, non-infringement of proprietary rights, absence of any deficiencies or something similar.
All materials which are downloaded or obtained by any other manner during the use of the website are at your own risk and peril. Ameera Consulting assumes no liability for any damage (particularly computer viruses, computer worms, Trojan horses) which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from any Ameera Website or for any illegal intrusion or intervention in the IT systems.
Access to the Ameera Consulting Websites may be interrupted or unavailable at any time, in particular during maintenance or upgrade procedures. Ameera Consulting also reserves the right to interrupt or discontinue any or all of the functionality of any or all of the Ameera Consulting Websites at any moment without prior notice. Ameera Consulting accepts no responsibility or liability whatsoever for any interruption or discontinuation of any or all functionality of its Websites resulting from actions or omissions of Ameera Consulting or any third party.
9. CHANGE OF INFORMATION
The content of the Website may contain inaccuracies and/or errors or maybe otherwise incomplete. Ameera Consulting reserves the right to make changes, corrections and/or improvements to such content at any time without prior notice but does not assume any responsibility to do so.
10. AVAILABILITY OF PRODUCTS / SERVICES
The Ameera Websites may contain information on Ameera’s products and services, not all of which are available in every location and/or country worldwide.
A reference to a Ameera Consulting product or service on any of the Ameera Consulting Websites does not imply that such product or service is or will be available anywhere worldwide, particularly at your location. The Ameera Consulting Websites are not intended for persons who are subject to a jurisdiction that prohibits the publication of and/or access to these websites (be it because of the nationality, the domicile or for any other reason, e.g. in case of restrictions with respect to products sold, medical information, censorship etc.). If you are affected by such restrictions you may not access the Ameera Consulting websites.
11. CONDITIONS FOR THE SALE OF GOODS AND PROVISION SERVICES
For the sale of goods and provision of services with costs which are available on this Website and/or other Ameera Websites, different conditions are applicable, particularly depending upon the country of your residence. You can find the applicable conditions for such sale of goods and/or provision of services with costs here.
12. CROSS REFERENCE AND LINKS
Some links on this Website and other Ameera websites refer to other websites which have been set up by third parties. Ameera Consulting does not exercise any control over these websites and the information, goods and/or services offered, featured and/or indicated on these websites and has also not checked the contents of such websites. Ameera Consulting does not take any responsibility and shall not be liable for the contents of such websites of third parties. Ameera Consulting expressly disclaims any endorsement or recommendation of and guarantee or liability for such websites of third parties, particularly with respect to their content and/or consequences of using such websites.
Ameera Consulting does also not take any responsibility and shall not be liable for any links and references within its own content and for third party content on any of the Ameera Websites (e.g. in guest books, forums, link collections, mailing lists and in all other types of databases which can be accessed by third parties). For illegal, erroneous or wrongful contents, particularly for damages resulting from the use or non-use or such information, the owner of third page which was referred to or the author of such content shall be exclusively responsible and liable, and not Ameera Consulting.
Ameera Consulting does not express any opinion or judgment of websites which link to any of the Ameera Websites and/or through which any of the Ameera Websites can be reached. Ameera Consulting is not responsible for the content of such websites. The third party owner of such website which refers to or the author of such content shall be exclusively responsible and liable.
The present Terms and Conditions embody the entire agreement concluded between Ameera Consulting and yourself concerning the access and/or the use of this Website, any other Ameera Websites and their content. Any other specific terms or conditions (Agreement) issued by Ameera Consulting and governing its relations with you, in particular relating to any service or purchase of product, shall supplement the Terms and Conditions; in the event of any inconsistency between them, the other (specific) terms or conditions shall prevail over these Terms and Conditions.
In case Ameera Consulting should tolerate a violation by yourself (or any third party) of one of the obligations set out in these Terms and Conditions, or does not enforce a right attributed to it there under or under the law shall not be construed as a waiver by it to invoke and enforce its rights.
In the event that any provision of the Terms and Conditions should be considered or declared to be illegal by law, regulation, existing or future, or by a court ruling, then such provision shall be considered as cancelled, all other provisions of the Terms and Conditions maintaining full force. Instead of such invalid, illegal or unenforceable provision, a substitute provision (as similar as allowed by applicable law or court) shall be applicable in such case.
The headings of the provisions of the Terms and Conditions are for convenience alone and shall not alter or modify the Terms and Conditions in any manner.
14. APPLICABLE LAW AND JURISDICTION
The regulations mentioned above as well as the use of this Website and other Ameera Websites (including inquiries, offers, orders etc. resulting from the use of this or other websites) shall be exclusively subject to Turkish (substantive law) Law, excluding the rules about the conflict of laws. In case of offers, orders etc. regarding merchandise, the Vienna Convention on the International Sale of Goods (CISG) is applicable.
The exclusive place of jurisdiction for all disputes resulting from, otherwise in connection with the regulations above and/or the use of this websites (and/or any other websites of Ameera), including, but not limited to requests, offers, orders etc, resulting from the use of this and/or other websites of Ameera Consulting, is the Courts and Execution Offices Çağlayan, Istanbul, Turkey. However, Ameera Consulting is also entitled to proceed against third parties before any other court which is competent.
As far as prescribed by mandatory law which is applicable, a different law than Turkish law and a different place of jurisdiction can be applicable.
Ameera Danışmanlık Ltd. Şti. – all rights reserved