Terms of Use

Visiting and/or using our website means that you have the right, authority and legal capacity to sign contracts under the law and/or under your authority to represent a legal entity, and that you have read and understood these terms of use and agree to be bound by the terms set out herein. If any of the terms below are not acceptable to you, please do not use our website. Otherwise, no liability is accepted for unauthorized use of our website or its use by persons lacking legal capacity.

1. Parties
   These terms of use are made between Dijital İnsan Kaynakları ve Tasarım LTD. ŞTİ., registered at Akasya Towers Acıbadem Mahallesi Çeçen Sokak NO:25 A D:150 Üsküdar/ İSTANBUL (hereinafter “Digitallica” or “our Company”), and the party (hereinafter the “user” or “customer”) that uses and benefits from our website, created by our Company, with the domain name www.digitallica.com.tr (hereinafter the “Site”). These terms set out the conditions for benefiting from and using the Site and the related obligations of the parties. Our Company and the Member may be referred to together as the “Parties” and individually as a “Party”.
2. Goal
   ■ In line with our Company’s mission as a sector leader, the Site has been created for purposes such as promoting Digitallica products and innovations and sharing information, developments and new projects in the e-learning sector with customers and potential customers.
   ■ Under these terms of use, from the moment they visit and/or start using the Site, users are deemed to have undertaken to comply with these provisions.
3. Use of Services, Obligations and Undertakings
   ■ The services offered on the Site are intended for customers and potential customers.
   ■ Information that users share with our Company for purposes such as receiving information about Digitallica products and innovations, developments in the e-learning sector and new projects must be clear and accurate. Contact details shared for such purposes must be the person’s own; otherwise, the user is solely liable for any violation of third parties’ rights.
   ■ Any transactions, notifications and/or correspondence by Digitallica are based on, and use, the information provided by the user.
   ■ Our Company relies on all information provided being accurate and acts accordingly. Our Company cannot be held liable for errors arising from information declared incorrectly, erroneously or untruthfully.
   ■ Digitallica may unilaterally amend these Terms of Use at any time without notice. Amended provisions of these Terms of Use become valid and enter into force on the date they are published. These Terms of Use cannot be amended by unilateral declarations of the user.
   ■ The user acknowledges that, if they breach the obligations they have accepted and undertaken under these Terms of Use and/or post unlawful content on the Site, Digitallica has the right to take the necessary action, may prevent them from using the Site in the future and/or may initiate legal action or enforcement proceedings against them.
   ■ The user may not engage in erroneous or misdirecting (for example, fraudulently requesting money or impersonating someone), misleading or deceptive conduct.
   ■ The user accepts and undertakes not to reproduce, copy, distribute, process or use any element of the Site, such as pictures, text, visual and audio images, files, databases, catalogs and lists, and not to perform any act that may directly and/or indirectly be deemed unfair competition.
   ■ In the event of acts such as using the Site interface offered to users by Digitallica for any purpose other than obtaining information about Digitallica products and innovations, e-learning and new projects; copying, in whole or in part, listings, customer information, designs, code and software or information in the database, or accessing them unlawfully; directly or indirectly using or publishing the content or elements of the Site in other media; or compiling, processing, modifying or transferring them to other
   databases, or unlawfully opening them to illegal access and
   use by third parties, Digitallica reserves its rights to claim, sue and pursue enforcement against the parties causing the breach for all losses and damages it may suffer.
   ■ Using the whole or any part of the Site to corrupt, modify or reverse engineer it; attempting to access the Site in a manner that blocks, disrupts or interferes with the Site’s communication or technical systems; using automated programs, robots, spiders, web crawlers, data mining, data trawling or similar “screen scraping” software or systems, automated tools or manual processes on the Site; accessing other users’ data or software without permission; and using the Site and/or the content or elements on the Site in breach of the terms set out in these Terms of Use are unlawful, and Digitallica reserves its right to claim, sue and pursue enforcement for any loss and damage it may suffer.
   ■ Users are strictly prohibited from: making any attempt that may threaten the security of the Site or prevent the operation of the Site’s software or other users from benefiting from the Site; placing a disproportionate load on the Platform with such effects; accessing without authorization information and content published on the Site and/or entered by others; engaging in acts that may threaten the overall security of the Site and/or harm the Site and other users; using or attempting to use software that would prevent the operation of the Site and the software it uses, or causing any software, hardware or servers to malfunction or break down; interfering with software code, reverse engineering, launching attacks, overloading or otherwise interfering; and attempting to gain access to servers.

■ The user may not engage in conduct on the Platform that is harmful to others (for example, viruses, harassment through stalking, hate speech, or advocating violence against others).
■ Where it is determined that the user has breached these terms, a complaint is received from another user, or there is a notice of intellectual property infringement or another notice requiring removal of content, Digitallica may claim from the user any damage thereby caused.

4. Disclaimer and Limitation of Liability
   To the extent permitted by law, and unless Digitallica enters into a separate written agreement superseding these Terms of Use, Digitallica will not be liable to users for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, opportunity, reputation, profit or revenue (e.g. offensive or degrading statements, downtime or loss, use of or changes to personal information or content). Digitallica will not be liable for any direct, indirect, special, incidental or punitive damages arising from the use of the Site, including but not limited to interruption of access to the Site and of transactions performed through the Site, data loss in particular, loss of profit, and loss of goodwill and reputation.
5. Intellectual Property
   ■ All rights (intellectual and/or industrial property rights, etc.) to the software, visuals and designs, texts, logos, graphics, trademarks and all other elements on the Site belong to Digitallica. Copying the information and/or software used in the design, content and database of the Platform and/or using them beyond benefiting from the Platform, and copying, distributing, processing or otherwise using any pictures, texts, images, files and similar elements within the Platform are strictly prohibited.
   ■ The user accepts, declares and undertakes that they are solely liable for any damage that other users, third parties and/or Digitallica may incur due to the user’s conduct/actions constituting an infringement of intellectual and/or industrial property rights.
6. Termination
   If any of the articles or terms set out in these terms of use are not acceptable to the user, the user may stop using the Site at any time. Digitallica may modify, suspend, immediately terminate or discontinue some or all services and access to the Site without any obligation to give prior notice. The user accepts that they will not / cannot claim to have suffered any damage for this reason. Where required by law or in other cases it deems necessary, Digitallica may disclose the information declared by the user through various forms, for the purposes stated in the Privacy Notice, and information that does not qualify as personal data, to public or private institutions or to the third parties specified in relation to the protection of personal data. The user accepts that they cannot claim compensation from Digitallica under any name whatsoever for this reason.

7. Disputes
   Any disputes that may arise between the Parties shall first be resolved amicably. The Parties accept and declare that, if no settlement can be reached, the Istanbul (Çağlayan) Courts and Enforcement Offices shall have jurisdiction. If a duly made request for information and documents is received from judicial or investigative authorities, Digitallica may share the requested information, documents and records with those authorities.
8. Force Majeure
   In all circumstances legally deemed force majeure, Digitallica shall have no liability for compensation for late performance, incomplete performance or non-performance. Events that Digitallica could not prevent despite exercising due care, including but not limited to natural disasters, strikes, lockouts, epidemics, war, declaration of partial or general mobilization, decisions, actions or proceedings of official authorities that delay or make impossible the fulfillment of Digitallica’s obligations, adverse weather conditions, infrastructure and internet failures, improvement or renewal work on the system and any malfunctions that may result therefrom, and power outages, are deemed force majeure events.
9. Entry into Force and Acceptance
   These Terms of Use and any amendments and/or updates to them are deemed accepted by the User from the moment the User starts using the Site, and enter into force with effect from the date they are published on the Site.