GENERAL TERMS AND CONDITIONS FOR THE SALE AND USE OF THE COMPARISONATOR SERVICE
1-) The Contract
1.1. This Contract (hereinafter Contract) is signed and executed between COMPARISONATOR Yazılım ve Danışmanlık A.Ş. with head offices in Istanbul, Kuzguncuk Mah. Tahtalı Bostan Sok. No: 12, Daire No:2 Istanbul, 34674, TURKEY (hereinafter, Comparisonator) and the user of the platform (as defined below) (hereinafter, Customer) whose data and general information were registered by the Customer in the relevant section of the Platform. This Contract governs the access to a non-exclusive use of some or all of the features made available in the restricted area (hereinafter the Platform) of Comparisonator’s website www.comparisonator.com and the supply of other online services by Comparisonator (hereinafter Service), which are provided and managed by directly by Comparisonator.
1.2. This Contract shall apply to any and all contracts stipulated between Comparisonator and the Customer, unless otherwise agreed in writing.
1.3. The Customer may also purchase a variety of Services, Packages (as defined below) or multiple simultaneous accesses to the Platform (Additional Accounts). In which case, the provisions of this Contract shall apply to all Services, Packages or simultaneous accesses to the Platform without the need to sign each individual and distinct contract.
1.4. This Contract comprises the “General Terms and Conditions for the Sale and Use of the Comparisonator Platform Service” (hereinafter General Terms) and “Special Terms and Conditions for the Sale and Use of the Comparisonator Platform Service” (Special Terms). In case of conflict or discrepancies, the Special Terms shall prevail on the General Terms.
1.5. The Contract shall be considered as executed when the Customer settles the Consideration (as defined below) and accepts the General Terms and Special Terms of this Contract by checking the box on the Platform. The non-payment of the Consideration, where due to Comparisonator, shall be considered as a cause of failure to complete the Contract. In such case Comparisonator shall have the right not to start the services or stop the services that has already been started.
2.1. The Service offered by Comparisonator is divided into ‘packages’ in accordance with the type of Service the Customer intends to purchase. More particularly, the Service is divided into different packages (hereafter Packages), which are selected by the Customer through the Platform. The Customer has the right to select full package, which consist of all packages or select particular package(s).
2.2. The Packages selected by the Customer are those included in the Special Terms. The same Special Terms shall include the features of the Platform, which are available to each Customer.
2.3. With regard to the features available on the Platform and included in the Special Terms, the following shall apply:
- Player Comparisonator
Depending on the type of Packages selected, Customers can utilize Platform within the limitations provided by the Special Terms. Player Comparisonator Package only includes player stats. Customers, except for those who are a press member or a part of a press organization pursuant to the legal regulations to which they are affiliated, are expressly forbidden to distribute, sell, re-sell, make accessible to the public on or through any website held or controlled by the same Customer, third parties or Comparisonator’s competitors, any content downloaded from the Platform. The Platform and its content should be used by the Customers for personal and business purposes only.
- Team Comparisonator
Depending on the type of Packages selected, Customers can utilize Platform within the limitations provided by the Special Terms. Team Comparisonator Package only includes team stats. Customers, except for those who are a press member or a part of a press organization pursuant to the legal regulations to which they are affiliated, are expressly forbidden to distribute, sell, re-sell, make accessible to the public on or through any website held or controlled by the same Customer, third parties or Comparisonator’s competitors, any content downloaded from the Platform. The Platform and its content should be used by the Customers for personal and business purposes only.
- League Comparisonator
Depending on the type of Packages selected, Customers can utilize Platform within the limitations provided by the Special Terms. League Comparisonator Package only includes league stats. Customers, except for those who are a press member or a part of a press organization pursuant to the legal regulations to which they are affiliated, are expressly forbidden to distribute, sell, re-sell, make accessible to the public on or through any website held or controlled by the same Customer, third parties or Comparisonator’s competitors, any content downloaded from the Platform. The Platform and its content should be used by the Customers for personal and business purposes only.
3-) Supply of the Service
3.1. The Service is provided on an ongoing basis every day of the week, 24 hours a day, except where the Service is suspended due to unforeseen technical problems and/or planned maintenance governed by Article 3.6 below.
3.2. Comparisonator shall provide the Customer with a USERNAME and PASSWORD (hereinafter Login Credentials). The unlawful use of the Login Credentials and/or their use by third parties other than the Customer are the sole responsibility of the Customer in order to protect Comparisonator from any direct or indirect damage the latter is likely to suffer, as a result of illegal use of the Login Credentials. In case of loss and/or failure to remember the Login Credentials, the Customer may and should request new Login Credentials through the Platform to replace the previous ones. The use of the USERNAME and PASSWORD of the Customer shall not be shared/used by Customer to any third party without the prior written communication to Comparisonator at the following e-mail address “[email protected]”.
3.3. Comparisonator requires the Customer to provide specific information about him/herself, his/her company, corporation or profession in order to use the Service. The Customer undertakes to provide true, accurate and complete information and to refrain from falsely representing affiliation with any person or entity. The Customer should always ensure the e-mail address provided to Comparisonator remains active or alternatively inform Comparisonator of any new, active e-mail addresses where notices may be sent. Otherwise any notification made by Comparisonator to the Customer’s registered mail address shall be deemed as a legally valid notice. Although Comparisonator does not accept any legal, administrative, judicial or financial liability arising from the inaccuracy or inconsistency of the information shared by the Customer, all legal rights are reserved for all kinds of damages that Comparisonator may suffer due to inaccurate or inconsistent information.
3.4. The Customer may update and correct at any time the personal information disclosed to Comparisonator. To correct or update personal information entered, it is necessary to send a request to the following e-mail address “[email protected]”. The Customer is responsible for the consistency and accuracy of personal data entered and Comparisonator shall not take any responsibility in this regard.
3.5. Comparisonator reserves the right to invite the Customer or its employees or collaborators, to events, forums and conferences organised by Comparisonator itself, which may also occur as a direct result of the selection of a particular amount or combination of Packages by the Customer.
3.6. Comparisonator may suspend the Service or the access to the restricted area of the Platform in case of system maintenance which would otherwise not be possible. In this case, however, Comparisonator shall provide the Customer with written notice by e-mail in advance for planned suspensions. The supply of the Service or access to the restricted area of the Platform will be restored within approximately 24 hours of the suspension, except in cases of force majeure preventing the estimated restoration. For unforeseen technical problems, Comparisonator shall inform the Customer and solve the problem as soon as possible.
3.7. For the content of the Platform, Comparisonator utilizes third parties’ data that are collected lawfully. Due to any possible technical problem occurrence while receiving the data from supplier, services may be interrupted for a period where customers will be notified by email.
3.8. The Customers shall be aware that the contents/outputs produced by Comparisonator are the results of the processing of scientifically collected statistical data. These results do not mean that any real or legal entity third party is promoted, advertised or marketed in a positive or negative manner.
4-) Conduct of the Customer – User Generated Contents
4.1. The Customer’s right to use the Service and Platform is personal; however, the legal representative of the Customer or a specifically authorised employee of the Customer may also have access with the condition that the relevant third party’s identity and contact information are shared with Comparisonator. If Additional Accounts are purchased, the Customer will be provided with additional Login Credentials to the Service, Packages and/or the Platform in accordance with the Additional Accounts.
4.2. Comparisonator may immediately cancel and/or suspend the Customer’s Login Credentials and block access to the Platform, and supply, in whole or in part, of the Service if Comparisonator detects any unauthorised use of Login Credentials and/or any use of the Platform and the Service that is unauthorised or performed by unauthorised persons. Comparisonator has the right to request additional information and/or documents from the Customer in order to cancel the cancellation or suspension.
4.3. It is strictly prohibited for the Customer to assign, transfer and/or otherwise license and/or charge others to use the Service and/or access the Platform without prior written consent of Comparisonator.
4.4. Using the Platform and with specific regard to the User Generated Contents, each Customer is solely responsible for the User Generated Contents uploaded by him/it/her, and undertakes not to upload or otherwise publish through the Platform any of the following:
– User Generated Content that is unlawful, defamatory, offensive, obscene, indecent, vulgar, sexually explicit, harassing, threatening, invasive of privacy or publicity rights, abusive or otherwise objectionable;
– User Generated Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
– User Generated Content that describes, references, or otherwise communicates violent, dangerous, illegal and/or criminal acts;
– User Generated Content that describes, references, or otherwise communicates hate or discrimination concerning gender, sexual orientation, race, religion, or nationality;
– User Generated Content that is harmful to or degrades the goodwill associated with the trademark(s) or name(s) of Comparisonator;
– User Generated Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any third party;
– Unsolicited promotions, political campaigning, advertising or solicitations;
– Private information of any third party, including without limitation addresses, phone numbers, e-mail addresses and credit card numbers;
– Viruses, corrupted data or other harmful, disruptive or destructive files;
– User Generated Content that, in the sole discretion of Comparisonator, is objectionable or which restricts or inhibits any other person from using or enjoying the Platform or which may expose Comparisonator and/or its Platform users to any harm or liability of any type.
Any use of the Platform in violation of the foregoing rules violates this Contract and may result in, among other things, termination or suspension of any Customer’s rights to use the Platform and the Services.
Each Customer remains solely liable for all User Generated Contents uploaded on the Platform. Comparisonator does not take on any responsibility nor liability for any User Generated Content uploaded by Customers or any third party and/or for any loss or damage thereto.
As a provider of interactive services, Comparisonator is not liable for any statement, representation or User Generated Content provided by its Customers on the Platform.
Although Comparisonator does not routinely review User Generated Content and has no obligation to review, screen, edit or monitor any of the User Generated Content uploaded on the Platform, Comparisonator reserves the right, and has absolute discretion, to review, remove, reject, disable access to, screen or edit any User Generated Content uploaded on the Platform at any time and for any reason without prior notice and each Customer is solely responsible for creating backup copies of and replacing any User Generated Content uploaded on the Platform at his/her sole costs and expenses.
Comparisonator reserves the right, at its sole discretion, to determine whether and what action to take in response to particular User Generated Content and any action or inaction in a particular instance shall not dictate or limit Comparisonator’s response with respect to other User Generated Content.
Each Customer represents and warrants that (a) he/she/it owns and controls all of the rights related to the User Generated Content uploaded or he/she/it otherwise has all necessary rights to upload such User Generated Content on the Platform; (b) the User Generated Content is accurate and not misleading; and (c) the User Generated Content uploaded does not violate these General and Special Terms, any third party’s rights or any applicable laws, rules or regulations and will not violate any rights of or cause damages to any person or entity.
Customers who upload User Generated Content on the Platform agree to grant Comparisonator a perpetual, irrevocable, worldwide, license to publish, reproduce, display, perform, distribute, adapt, edit, modify, dub, create derivative works based upon, and otherwise use and sub-license such User Generated Content throughout the world in any form or media.
Without limitation to the foregoing, each Customer grants to Comparisonator the right to make editorial revisions to the User Generated Content, to use and publish the User Generated Content in any manner and form, including electronic, on the Platform or through any other media, whether now or hereafter created; to use the User Generated Content for internal business purposes; to reproduce and distribute the User Generated Content for marketing and advertising purposes, and to sub-license the User Generated Content to third parties for any reason.
5-) After-Sales Services
5.1. Comparisonator provides the Customer with after-sales support via telephone or e-mail at no additional cost. Assistance is provided for technical enquiries concerning the use of the Platform and/or the Service or administrative information relating to payments or billing (hereinafter Support Activities).
5.2. The Support Activities will be provided via telephone and online every weekday (Monday to Friday) during Turkish business hours from 9:00 a.m. to 1:00 p.m. CET/CEST and from 2:00 p.m. to 6:00 p.m. CET/CEST, with the exception of bank, national and/or public holidays, days before such holidays or where a holiday on a national or local level is in force, through the provision of appropriate telephone and internet contact details. Comparisonator may extend, at its sole discretion, the support service also to extra Turkish business hours.
6-) Amount, Method of Payment, Payment Plan and Invoicing
6.1. The Customer shall pay Comparisonator the amount in Euros (In case of payment is made from Turkey, it will be Turkish currency and Turkish tax amount) specified in the Special Terms for each Package selected by the Customer (the Consideration). The Consideration is exclusive of VAT and any other tax liability as prescribed by law, if applicable. The Consideration to be paid is net, bank charges etc. other expenses must be borne by the Customer. Payment of the Consideration shall occur in accordance with the method and timeframe set out below in Articles 6.2 and 6.3 of this Contract.
6.2. The Customer may pay the Consideration by credit card, the details of which must be previously disclosed to Comparisonator at the time of signing the Contract (the Method of Payment), in accordance with Article 6.3 below and with the Payment Plan set out in the Special Terms (the Payment Plan), unless otherwise specified in the Special Terms.
6.3. It is the sole responsibility of the Customer to provide written notice to Comparisonator of any updating of the information or changes regarding the chosen Method of Payment and/or Payment Plan.
6.4. After payment of the Consideration has been made, Comparisonator shall send the Customer the relative invoice in electronic format to the contact details provided by the Customer.
6.5. During the validity of the Contract Comparisonator may, by providing written notice to the Customer, increase the amount of the Consideration for each Package in relation to the Consideration paid by the Customer upon initial signing of the Contract (the Increases). Increases are primarily related to:
6.5.1. Updating of the Consideration from year to year (for new terms); these kind of increases shall be applied and paid to Comparisonator upon written consent of the Customer, and the Customer will be charged in accordance with the Method of Payment, upon sending of the written notice as above.
6.5.2. Increase in the content of the Packages selected by the Customer; these kind of Increases shall be applied only if duly accepted by the Customer. After that acceptance, the related increases shall be applied and paid to Comparisonator and the Customer will be charged in accordance with the Method of Payment.
7-) Intellectual and Industrial Property Rights of Comparisonator
7.1. The Customer agrees and acknowledges that the Platform and Service and any software used to provide the Service and the management of the Platform (the Software) are owned by Comparisonator. The Software contains confidential information protected by applicable laws on copyright, trade secrets and other intellectual property rights (Protected Materials). Reproduction, distribution or transmission of the Software and the Protected Materials without the prior and express written consent of Comparisonator is prohibited.
7.2. Any reproduction, modification, creation of derivative works, redistribution or retransmission of the Software is expressly prohibited and will result in severe civil and criminal penalties. The Software, its structure, sequence, organisation and source code are considered the trade secrets of Comparisonator and are protected by law. The Customer agrees that Comparisonator processes raw data that it has obtained from third parties. It is strictly forbidden to pull raw data from within the Platform and scrap the data. Otherwise, Comparisonator may immediately cancel and/or suspend the Customer’s Login Credentials and block access to the Platform.
7.3. Without prejudice to the above, the copying or reproduction of the Software to any other server or location for further reproduction or redistribution is strictly prohibited. The Customer may not decompile or disassemble, perform reverse engineering or otherwise attempt to ascertain any source code contained in any software provided by Comparisonator in execution of this Contract.
7.4. The Customer acknowledge that both Comparisonator and/or third parties may have intellectual and industrial rights on the outputs resulting from the use of the Platform, that Comparisonator has obtained the necessary permissions for the use of such rights by third parties. However, in order to avoid any legal or financial liability of both the Customer and the Comparisonator, it is necessary to use both the Platform and the content in accordance with these General Terms. In case of violation of this commitment, Comparisonator’s rights to terminate the contract as well as compensation for any damages incurred are reserved.
8 -) Trademarks and Distinguishing Signs of the Customer
8.1. The Customer hereby authorises Comparisonator to use trademarks and distinguishing signs of the Customer to be published on the Comparisonator website under the ‘Customers’ section (Trademarks). The Customer’s Trademarks may remain on the Comparisonator website after the termination of this Contract. To this end, the Customer grants Comparisonator a license that is free, perpetual, non-exclusive, and irrevocable and which prohibits sub-license, in order to publish the Trademarks on its website. Comparisonator is not obligated in any way to verify the updated design of the Trademarks.
9.1. The Customer understands and expressly agrees that:
- Comparisonator does not provide any guarantee that:
(i) The Service and/or Platform will meet the expectations and needs of the Customer;
(ii) Data will always be continuously present in the Platform and/or provided through the Service;
- Any information, material or other content downloaded or otherwise obtained through the use of the Service and/or the restricted area of the Platform is made at the sole discretion and risk of the Customer and that the Customer shall be solely responsible for any damage caused to its computer systems or those of third parties or for loss of data resulting from the downloading of Footage and/or Software or other Copyrighted Material or other content through the Platform.
10-) Comparisonator Limitation of Liability
10.1. Except in cases of fraud or gross negligence, Comparisonator’s liability to the Customer arising from, or related to, this Contract shall not exceed the total amount that the Customer pays Comparisonator under this Contract for the twelve (12) months preceding the date on which the case began or during the months prior to use of the Service, in the event of the Service being provided for less than twelve (12) months. Neither Comparisonator nor its agents, licensors and contracting third parties are or shall be responsible for User Generated Content or other data of the Customer connected with the Service in any way, or for the Customer’s website or any hardware or software of the Customer or its suppliers. It is the responsibility of the Customer to take the necessary steps to use the Service with its own operating system (hardware and software) and maintain the proper working of the same for the purpose of providing the Service.
11-) Customer Declarations and Guarantees and Additional Agreements
11.1. The Platform and Service may be used solely and exclusively by professionals and for personal and business purposes only, i.e. individuals or legal entities acting for professional purposes (such as, by way of example, scouting, educational, tutorial and/or analysis activities). To this end, the Customer declares and guarantees him/herself to be a professional or to use the Platform and Service for corporate purposes.
11.2. The Customer declares, guarantees and undertakes that he/she: (a) has the power and authority to enter into this Contract on his/her behalf or on behalf of his/her company; (b) is at least eighteen (18) years of age; (c) shall access the restricted area of the Platform and use the Service solely only in accordance with this Contract.
11.3. The Customer undertakes to comply with all laws, regulations, articles of association and decisions applicable to his/her company, corporation or profession for the entire duration of the Contract; such compliance is necessary or desirable in order to proceed with the signing and execution of this Contract.
11.4. Comparisonator reserves the right to revise or amend this Contract from time to time and the Customer agrees to comply with the amendments. Any revisions to this Contract shall be communicated to the Customer by written notice sent to the Customer with reasonable notice, though no less than 10 (ten) days prior to the entry into force of any amendment to the Contract.
12-) Term of the Contract
12.1. Unless otherwise is agreed with Special Terms, this Contract shall be valid for one (1) year. The Contract shall be automatically terminated at the end of the term. For trial users, the Contract shall be valid for the period of time that Comparisonator unilaterally determines.
12.2. Other termination clauses stated in this General Terms and may be agreed with Special Terms are reserved.
13-) Express Termination Clause – Early termination of the Contract
13.1. By sending written notification to the Customer by e-mail and registered mail, Comparisonator may terminate this Contract with immediate effect without any financial obligation other than stated in Article 13.2.
13.2. In case of termination by Comparisonator under Section 13.1, Comparisonator will only refund the unused part of the Consideration paid in advance by the Customer and related to a part of the Services not used by the Customer because of the early termination of this Contract pursuant to Section 13.1. Notwithstanding of the above, the refund shall not prejudice any right of indemnity for any damages or costs suffered or borne by Comparisonator arising from facts, acts and/or behaviour of the Customer.
13.3. If monthly subscription is purchased by the Customer, Comparisonator grants the Customer the right to terminate the Contract at any time with 28 days prior notice, by submitting the https://comparisonator.com/policies/cancellations/ Cancellation Form on the Website. Cancellation shall take effect at the end of the current month after the submission of the Cancellation Form and will result in the disabling of Login Credentials specified in the notice of cancellation. In all cases of cancellation made by the Customer, NO MONIES will be due to the Customer by way of reimbursement or otherwise.
- Consequence of Termination of the Contract and Survival of Certain Clauses
14.1. In the event of termination of the Contract under the preceding Articles 12 and 13, Comparisonator will disable the Login Credentials to the Platform and suspend the Service with effect from the effective date of termination/cancellation/withdrawal, for any reason occurred.
14.2. In the event of termination of the Contract pursuant to Article 13.1, Comparisonator will disable the Login Credentials to the Platform and suspend supply of the Service simultaneously sending the Customer notice of termination for default under Article 13.1.
14.3. In the event of a termination, whatsoever the reason is, the following provisions shall remain valid and binding to the Customer:
(i) Article 7 (Industrial Property Rights of Comparisonator);
(ii) Article 8 (Trademarks and Distinguishing Signs of the Customer);
(iii) Article 19 (Confidentiality);
(iv) Article 20 (Governing Law and Jurisdiction).
15-) Prohibition of Assignment of Contract
15.1. The Customer may not assign this Contract to any third party without the prior written consent of Comparisonator, under penalty of the immediate termination of this Contract due to the negligence of the Customer and damages.
15.2. The Customer may not sublicense and/or otherwise transfer to third parties the use of Login Credentials or the use of the Service or access to the Platform without prior written consent of Comparisonator, under penalty of the immediate termination of this Contract due to the negligence of the Customer and damages.
15.3. Comparisonator has the right to freely transfer this Contract to others, in whole or in part, and the rights and obligations arising from the same, without requiring the consent of or informing the Customer.
16-) Data Protection and Security
16.1. Comparisonator shall use reasonable physical, electronic and procedural safeguards to protect against data loss, misuse, alteration, and dissemination of any personal data received by Comparisonator from the Customer.
16.3. The Customer confirms that he/she has received information from Comparisonator regarding the processing and transferring of personal data required by Turkish Personal Data Protection Law no. 6698 and its subsequent modifications and additions. In addition, the Customer agrees to comply with all binding Data Protection legislation.
17-) Communications and Notices
Statements, notices and other communications to the Customer may be made by post, e-mail, publication on the Platform or on the Comparisonator website or by any other reasonable means. The Customer shall be solely responsible for the updating of his/her postal address and registered e-mail account. Comparisonator shall not be responsible for undelivered notices due to the Customer’s failure to update his/her account information. Except as provided above in general, Comparisonator may provide notices of changes to the Service by displaying notices or links to notices generally on the Comparisonator website.
18.1. If any provision of this Contract is held invalid or unenforceable, such provision will be considered null and void while the remaining provisions will remain in full force and effect.
18.2. The failure of Comparisonator to exercise or enforce any right or provisions hereof shall not in any way constitute a waiver of such right or provision.
18.3. Together with the Special Terms that would be signed between the parties, this Contract expresses the entire understanding and agreement between Comparisonator and the Customer pertaining to the subject matter thereof.
18.4. Section headings are provided for ease of reading and have no legal or contractual effect.
18.5. Each party acts independently and is not an agent or representative of any other party.
18.6 No party has the right or authority to create obligations or give representations or guarantees in the name and on behalf of another party. This Contract may not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any obligation or liability of a partnership to one of them. The parties acknowledge and agree that this Contract may be terminated electronically without the need for written signatures.
18.7. The Customer expressly declares that he/she has read and fully understood this Contract, and that he/she accepts all its terms and conditions. The Customer has independently evaluated all aspects of this Contract and the opportunity to adhere to them. The Customer declares that he/she does not rely on any representation, guarantee or statement by Comparisonator and/or third parties that is not expressly considered in this Contract.
19.1. All the information which the Customer becomes aware of during the execution of this Contract concerning, including but not limited to, the organisation, business and activity of Comparisonator, as well as all commercial, technical information regarding the Platform, Service, Software, Protected Materials and Footage or any other information acquired by the Customer under this Contract, is entirely confidential and must not be communicated or disclosed, either directly or indirectly, to third parties.
20-) Governing Law and Jurisdiction
20.1. This Contract is governed solely by Turkish law.
20.2. Any dispute arising between the parties concerning the interpretation, validity, efficacy and/or execution of the Contract shall be settled amicably between them, and if this is not possible, shall be referred exclusively to the Central Court of Istanbul. Commercial books and records of the Comparisonator will be considered as definitive evidence in the resolution of disputes.
21-) Special Packages and Independent Providers services
21.1. As an exception of what above mentioned in Article 3 of the present Contract, the Customer may be able to purchase, through the Platform, special Packages provided by Comparisonator and/or services by third parties (Independent Providers) different from Comparisonator.
21.2.If the Customer purchases through the Platform any kind of service provided by the Independent Providers, available at the following link www.comparisonator.com/thirdparties Comparisonator shall never be held responsible for any damages or costs suffered or borne by the Customer and arising from facts, acts and/or behaviour of the Independent Providers.