SAMET BENCH-MATE APPLICATION
TERMS OF USE AGREEMENT
1. Introduction
Samet Bench-Mate Application (the “Application”) has been prepared by Samet Kalıp ve Madeni Eşya Sanayi ve Ticaret A.Ş. (hereinafter referred to as “Samet”, “our Company” or “us”) solely for the internal use of the Company and within the scope of the duties of its R&D employees. Samet is the legal owner of the Application, and all rights of use and powers of disposition over the Application belong exclusively to Samet.
Employees of Samet who are authorized to use the Application must carefully read these Samet Bench-Mate Application Terms of Use (the “Agreement”). If any User does not accept any provision of this Agreement, such User should not access or use the Application.
As the owner of the Application, our Company reserves the right to amend these general and special terms and conditions at any time.
All Users accessing the Application shall be deemed to have accepted in advance any amendments made by Samet to the provisions of this Agreement.
Different rules and obligations specific to certain sections of the Application may be specified in those sections. Users who access or use such sections shall be deemed to have accepted the applicable rules and obligations in advance.
The principles and procedures adopted by our Company within the framework of personal data protection legislation are explained in detail in the General Policy on the Processing and Protection of Personal Data and the Cookies Policy available on our Company’s website at https://sametglobal.com/ We kindly ask you to carefully read and review these documents.
In addition, upon first access to the Application, Users are presented with the Samet BenchMate Application Privacy Notice regarding the collection, processing and sharing of their personal data
2. Definitions
Application: means Samet Bench-Mate Application, which contains the results obtained through the examination and testing by our Company's R&D team of technical information relating to products manufactured by our competitors and which is accessible only to authorized members of
our Company's R&D team.
User: means employees of Samet's R&D team who have been granted access to the Application.
Content: means any and all information, files, images, software, figures and other visual, written and audio materials available or accessible through the Application.
Samet Bench-Mate Application Terms of Use: means this Agreement executed electronically between Samet and the employees of Samet who are authorized users of the Application.
3. Rights and Liabilities
3.1. Samet continuously monitors the accuracy and up-to-dateness of the information available on the Application. However, despite such efforts, the information contained in the Application may not always reflect the most recent developments. The content available on the Application has been prepared based on R&D activities, technical testing and examinations and does not constitute any express or implied representation, warranty or undertaking. Samet makes no representation or warranty as to the accuracy, currency, completeness or fitness for a particular purpose of any content available on the Application.
3.2.The technical information regarding competing products included in the Application is based on the results of the examination and testing of said products by the Samet R&D team; it may differ from the information provided on the websites and in the promotional materials of the relevant products’ manufacturers, and Samet accepts no liability or responsibility arising therefrom.
3.3. The User shall comply with information security requirements while using the Application, refrain from using any software, code or material that may damage the Application and keep his/her access credentials secure. The User shall be solely responsible for ensuring that all software and hardware requirements necessary for the prevention of malicious or harmful programs, codes or materials, the accuracy of data input and output and the recovery of any lost data are met, maintained and updated.
3.4.Samet reserves the right to amend the conditions of use of the Application and the information provided through the Application without prior notice, to reorganize the Application and its content and to suspend and/or discontinue the Application. Such changes shall become effective upon publication on the Application. By accessing the Application, the User shall be deemed to have accepted such changes.
3.5. Users shall be solely responsible for any and all legal and criminal liability arising from their actions and activities carried out through the Application. Each User undertakes not to engage in any activity that may infringe the rights of Samet and/or any third party. Samet shall not have any direct or indirect liability for any damages incurred or that may be incurred by third parties as a result of the Users’ activities on the Application
3.6. Samet is the owner of the Application. The data, information, texts, images, trademarks, slogans and other signs contained in the Application, as well as the programs developed for the protection of industrial and intellectual property rights, the page layout and the presentation of the Application are the property of Samet or of the entities from which Samet has obtained the necessary permissions and licenses. It is prohibited to copy, modify, publish, take screenshots of, photograph, video-record, transmit, distribute, sell or otherwise transfer outside the Company, whether in whole or in part, any database, software code, HTML code, other codes, data, designs, images, texts, visual, audio or other materials, video clips or files contained in or related to the Application, whether online or through any
other media. The User agrees and undertakes not to reproduce, copy, distribute, process, record or otherwise use the software or content of the Application and whether through these actions or otherwise not to compete directly or indirectly with Samet.
3.7. Users accessing the Application agree to comply with the Turkish Criminal Code, Turkish Commercial Code, Law of Intellectual Property Rights, Industrial Property Law, Personal Data Protection Law, Consumer Protection Law, Turkish Code of Obligations, all other applicable legislation, and any announcements and notifications published by Samet in relation to the Application. Any legal, criminal and financial liability arising from any use in breach of such legislation, announcements or notifications shall belong exclusively to the User.
3.8. The Application shall not be used in any manner contrary to law, good faith or morality, including, without limitation, in the following cases:
3.8.1. Using the Application to create, control, update or modify any database, record or directory on behalf of any person;
3.8.2. Using all or part of the Application for the purpose of disrupting, modifying or reverse engineering the Application;
3.8.3. Accessing the Application by using false, misleading or another person's information, or using another User’s account without authorization;
3.8.4. Introducing viruses or any other harmful technology into the Application, the Application database or any content available on the Application;
3.8.5. Engaging in activities that may create unreasonable or disproportionate loads on the communications or technical systems of the Application or otherwise impair its technical operation; using automated programs, robots, data mining tools or similar software or systems on the Application without Samet’s prior written consent; or copying, publishing or otherwise using any content available on the Application, in whole or in part, without authorization.
3.9. In the event that the User breaches this Agreement, the confidentiality obligations relating to the Application or any usage rules determined by Samet, uses the Application for purposes other than those intended, grants access to unauthorized persons or shares any content or data contained in the Application without authorization, Samet shall be entitled to immediately terminate the User’s access to the Application and initiate any necessary disciplinary, administrative and legal proceedings, including termination of the User’s employment agreement. In the event that such acts result in any damage to Samet, give rise to any complaint or report concerning Samet or cause any administrative or legal proceedings to be initiated against Samet, all legal and contractual rights of Samet, including the right to claim compensation from the User, shall be reserved.
4. Access to the Application
4.1. The User shall be responsible for keeping secure and confidential the username, password, e-mail address and any other access credentials assigned to the User and for not sharing such information with any third party.
4.2.The User may not permit any other person to use his/her access credentials, use another User’s account or access credentials, or access any data available on the Application beyond the scope of his/her authorization. Any legal or criminal liability arising from a breach of these obligations shall rest solely with the User.
5. Information That May Be Collected Through the Application
5.1. Samet may process, classify and retain in a database the information obtained from Users in connection with access to and use of the Application, in accordance with the Personal Data Protection Law Numbered 6698 and the applicable legislation, and subject to confidentiality principles. Samet may also use information such as the User’s identity information, e-mail address, IP address and log records for purposes including the execution of information security processes, the conduct and supervision of business activities, the performance of storage and archiving activities, ensuring the security of data controller operations, exercising legal rights and providing information to authorized persons, institutions and organizations where required. Personal data relating to Users may be. transferred to third parties, to the extent necessary and limited to the purposes of processing, as specified in the Samet Bench-Mate Application Privacy Notice.
5.2. For further information regarding the principles and practices adopted for the protection of personal data, please refer to the General Policy on the Processing and Protection of Personal Data available on our Company's website at https://sametglobal.com/
6. Limitation of Liability
6.1.Samet shall not be liable for any direct or indirect damages arising from access to the Application or from the use of the Application, its content, information, data, software or other materials, whether arising from breach of contract, tort or any other cause.
6.2.Samet does not warrant that the Application will operate uninterruptedly, error-free or be available at all times. The content and data available on the Application are provided for information purposes only and may from time to time contain omissions, errors or outdated information.
7. Assignment
Samet may assign this Agreement, in whole or in part, at any time without prior notice. However, the User may not assign this Agreement or any rights or obligations hereunder to any third party. Any attempted assignment in violation of this provision shall be null and void.
8. Force Majeure
Samet shall not be liable for any delay in performance or failure to perform its obligations under this Agreement where such delay or failure results from events deemed to constitute force majeure under applicable law. Such events shall not be deemed to constitute default, delay or nonperformance on the part of Samet, nor shall they give rise to any right of compensation against Samet.
9. Governing Law and Jurisdiction
Any dispute arising out of or in connection with this Samet Bench-Mate Application Terms of Use Agreement shall be governed by the laws of the Republic of Türkiye. The Istanbul (Çağlayan) Courts and Execution Offices shall have exclusive jurisdiction over any dispute arising from or relating to this Agreement.
10. Effectiveness and Acceptance
10.1. This Agreement shall enter into force on the date it is published by Samet within the Application.
10.2. By accessing or using the Application, Users shall be deemed to have accepted the terms and conditions of this Agreement.
10.3. Samet may amend the provisions of this Agreement at any time. Any such amendments shall be published through the Application together with the relevant version number and amendment date and shall become effective as of the date of publication.