Jacca Merchant Terms

ARTICLE 1: PARTIES

1.1 JACCA

Business Name: MOBİTE BİLİŞİM TEKNOLOJİLERİ ANONİM ŞİRKETİ

Address: Yenibosna Merkez Mahallesi Prof. Dr. M. Nevzat Pisak Cd. No: 8 Bahçelievler/ Istanbul

Tel: +905553949494

Web: https://www.jacca.com

E-mail: info@jacca.com

1.2 COMPANY / STORE

Member businesses that use JACCA Application under these contractual terms and requirements

 

ARTICLE 2: DEFINITIONS

Under these merchant terms, the following terms and expressions shall have following meanings:

JACCA Application/Platform means the application whose intellectual and industrial rights belong to JACCA as defined in Article 3 hereinbelow .

Terms  means JACCA Merchant Terms.

User means any person that evaluates performance of service personnel and quality of service provision delivered in service industry through JACCA Application, and that make use of the application by way of the application's scoring system as well as questions asked .

Personnel  means personnel recruited by the company that engage in service industry and whose profile information is shared to Users.

Merchant Terms  mean commercial terms that form an integral part of the present Terms executed by ad between JACCA and the company for the use of JACCA Application.

 

ARTICLE 3: DESCRIPTION OF THE APPLICATION

JACCA Platform is a portal designed by JACCA that can be used on the internet (as a web application) by way of internet application or on smart phones and tablets by way of smart phone and tablet application; enable Users, through questions, to evaluate personnel and business enterprise performance based on quality of service provision and level of satisfaction in service industry; and  allow evaluating service and performance of service industry personnel as well as the personnel whose data are shared with Users through this application, thus helping company monitor evaluations. According to this, users of JACCA platform evaluates personnel, service points/business enterprises and performance of service provision over JACCA Accounts.

 

ARTICLE 4: SUBJECT OF MERCHANT TERMS

These Merchant Terms relates to terms of use applicable to JACCA Application as set forth in Article 2 above, and regulates rights and liabilities of the Parties.

 

ARTICLE 5: TERM OF MERCHANT TERMS

These Terms come into effect and become binding as of the date when the Company and JACCA sign Merchant Terms and will remain in effect for 12 months therefrom. These Terms shall be automatically renewed upon expiration of the given term unless otherwise agreed; in case of formation of new terms, Jacca will designate and notify the same to the Company in writing.

 

ARTICLE 6: RIGHTS AND LIABILITIES OF THE PARTIES

6.1. Rights and Liabilities of JACCA

• JACCA is entitled to make use of personal data of contracted Company personnel furnished to it by the Company under these Merchant Terms for the purpose of providing information with existing and prospective Users. Any other rules that set forth or otherwise regulate JACCA's using such personal data are given in the Privacy Policy, which forms an integral part of and an annex to these Merchant Terms.

• JACCA can ask questions about the Company and its line of business to JACCA Users that are rendered with services from the contracted Company within framework of the application that forms subject of these Merchant Terms; and may share evaluations derived therefrom on the platform. Also, if there are any extra questions to be asked, at the request of the Company, to Users through JACCA Platform, the Company will be entitled to made modifications on these questions once on a monthly basis. If the Company wants more than one specific question to be asked in the same month, the additional charge per modification shall be equivalent of smallest package amount out of the service packages elaborately defined in the Merchant Terms. JACCA may not be held responsible for Users' answers to these questions or for evaluations that will be derived from their answers.

• Within a rewarding system to be designated by JACCA, JACCA may choose to reward Users based on their usage of JACCA application and level of participation, and the personnel recruited at the Company based on Users' evaluations. For the avoidance of doubt, JACCA neither promises nor undertakes to reward and is solely authorised to designate the way of rewarding. Neither the Company nor Users and/or Personnel may claim any rights or demand liabilities from JACCA to this effect.

• JACCA is defined and recognised as "hosting service provider" as far as service provided on the Platform and contents apart from those in its possession are concerned as per Turkish Law Number 5651 on Regulating Broadcasting in the Internet and Fighting Against Crimes Committed Through Internet Broadcasting; and the Company hereby agrees, acknowledges and declares that JACCA is not accountable to the contents mentioned herein. In this context, the Company agrees to furnish Users' requests relating to such content directly to JACCA.

• JACCA reserves the right to alter or otherwise modify services and contents offered through the Platform; and to delete and block third parties, including Personnel and Users, from accessing information, data and content uploaded to the system. JACCA may exercise such right without serving notice in advance or granting time. The Company is obliged to fulfil modifications and/or corrections required by JACCA instantly and with immediate effect. Modifications and/or corrections required by JACCA may be implemented by JACCA when deemed fit. The Company shall be responsible for damages, legal obligations and penal liabilities that arise or likely to arise from the Company's failure to implement modifications and/or corrections required by JACCA in a timely manner.

• JACCA may embed in "links" to the Company's web site, application and/or any other content via JACCA Application. Such link may have been embedded in by JACCA or by the Company itself for the convenience of reference only. JACCA's embedding in (a) link(s) to the Company's web sites, applications and/or contents as mentioned hereinabove shall not be construed as if a representation and/or guarantee to the latter's web sites, applications and contents therein. Responsibility for products or services or content offered on the Company web sites and/or via its applications accessed through links enabled by JACCA Application fully and entirely rests with the Company; JACCA denies responsibility.

• Services made available by JACCA Platform only to companies shall be accessed on the internet site link via any related company's mobile devices and/or computer, and enabled by a moderation panel provided by representatives of JACCA member Company on the Platform; through the instrument of reports and detailed analysis screens available on the Platform, these services shall be used to allow companies benefit from  further services likely to be integrated with the Platform by JACCA at a later time, including without limitation, JACCA score tracking, evaluations, recommendations and comments tracking, likes rate on Facebook, access to customer information, personnel management, personnel performance tracking, customer choices and campaign promotions. The Company agrees and undertakes that it shall not attempt to have access to mentioned information and data via JACCA Application for a different purpose than intended in these Merchant Terms; and that it shall not use the same for a different purpose without first obtaining a prior written consent from JACCA.

• JACCA is at liberty to share information enabled via the Platform, as well as the company status on the Platform on any desired internet pages, applications and/or platforms, likewise it may sort out and preserve the same on a database with a view to:

(i) generating a set of statistical evaluations for its application and also for the Company,

(ii) enhancing service quality and improving profitability of companies/business enterprises,

(iii) setting campaign needs and requirements, marketing, publicity and/or communications in the light of evaluations on the Platform and of users' requests.

The Company agrees, declares and undertakes in advance that it shall make no claims or demand no rights or liabilities from JACCA for reason of statistical evaluations mentioned above or for sharing them. As specified hereinabove, title to information, data and rights affiliated with them, incisive of customer information, e-mails, that are furnished to Users by JACCA and to JACCA via the Platform belongs to JACCA.

• Service and any other content on JACCA Platform are offered on "as is" basis, and JACCA is neither responsible for nor bound by their integrity, accuracy and reliability whatsoever.

• JACCA cannot be held responsible for any conflict and/or disagreements between the Company and User arising out of or connected services that are provided via the Platform, and does not act as an arbitrator.

• In case the Company refers to Platform-derivative results in its personnel performance evaluations, and concludes employment contracts and modifies working conditions accordingly, JACCA denies responsibility for conflicts and disagreements likely to arise between the Company and personnel. In any such case, the Company is solely obliged to solve and eliminate all challenges, complaints and actions against JACCA. In this context, JACCA strongly advises to the Company to obtain permission and consent from the personnel by way of a Deed of Consent given in Annex-1 to these Merchant Terms.

• To the extent permitted by applicable law, JACCA shall, by no means, be responsible for or held accountable to any specific, incidental, punitive damages or loss, including without limitation loss of profit, goodwill and reputation, expenses accruals for product replacement and service provision, that occur either directly or indirectly for reason of using the Platform. Also, JACCA declares that it gives no express or implied warranty including without limitation merchantability and fit-for-purpose guarantee.

6.2. Rights and Liabilities of the Company

• The Company is obliged to introduce JACCA Platform and encourage its personnel to use JACCA Application as of signing date of these Merchant Terms. The Company shall keep JACCA informed of personnel changes, and provide information to newly-recruited personnel about JACCA Platform.

• The Company shall simultaneously follow up with polling and evaluations for the Personnel employed by it. JACCA shall not be held responsible for results of comments and/or evaluations for the Personnel and for the Company, or for sharing them on social platforms; likewise the Company may not demand or otherwise ask for personal data of Users that evaluate the Company and/or share (a) post(s).

• As one of the contracting parties in these Merchant Terms, the Company shall make good efforts and endeavour to ensure that JACCA Platform reaches and is adopted by large masses, that the Application is introduced and particularly that its customers and personnel are made known of the fact that the Company uses JACCA Platform. The Company introduces JACCA Application if deemed required by JACCA and in a way as mutually and reciprocally agreed by JACCA and the Company; deploys stickers, show boards,  posters and similar visual instruments at visible locations easily visible for all.

• If an agreement is established by and between JACCA and the Company, and in case when tablets and any other instruments/devices provided by JACCA specific to the use of JACCA Application are used apart from the intended purpose and/or misused or neglected intentionally to the extent that causes damages, then the Company shall be responsible for all damages, and JACCA reserves the right to have recourse to the Company if it is required to cover resulting damages. The Company agrees, declares and acknowledges in advance that it shall be responsible for all damages and loss arising out of or connected to this article.

• The Company may not sign up as a legal entity User. Otherwise, JACCA shall have the right to terminate invalid membership with immediate effect irrespective of the fact that the Company is using JACCA Application as User or not indeed.

• The Company cannot, under any circumstances, transfer or assign its rights and/or liabilities under these Merchant Terms to any third parties (be it a natural person and/or legal entity) in part or in full temporarily or indefinitely.

• The Company agrees and acknowledges that access to Service and contents enabled on the Platform, and their quality is substantially based on the QoS of internet service provider; and that JACCA shall not be held responsible for quality of service issues.

• The Company is not and shall not be entitled to reach source code of the software on the Platform or generate an output processed from the Platform by way of copying, modifying, reproducing, reverse engineering, decompiling JACCA Platform or any components of it. The Company shall never intervene with the Platform operations by manipulating technologies including without limitation cancelbots, Trojan Horse, malware, flood ping, denial-of-service attacks, spoofing, fake URL links or e-mailing or similar methods. It is strictly forbidden to interfere with or otherwise modify Platform browser and content. Besides, the Company may not design or develop a platform, web site and/or service that would compete against the JACCA and JACCA Platform.

• The Company agrees, declares and undertakes that no acts, letters, videos, photographs, slogans, visuals, caricatures, cartoons, lyrics, songs, tunes, comments that are a threat to national unity, safety, public morality, general interest and fundamental rights and liberties and are therefore recognised as an offense and/or require indemnity in accordance with the Constitutional Law of the Republic of Turkey in addition to other related codes and laws shall be posted or otherwise disseminated via JACCA Platform, failing which, JACCA shall not be held responsible for or at fault; and that JACCA shall be authorised to remove any such content from broadcasting with immediate effect.

 

ARTICLE 7: CHANGE OF CONTROL

In case when shareholding structure and/or shares held by the Parties change in part or in full and/or control of management changes in any way, these Merchant Terms shall remain identically in effect and continue to stand valid together with all provisions. Successors of the Parties shall be deemed and considered to have accepted all rights and liabilities acquired by their predecessors under these Merchant Terms.

 

ARTICLE 8: AMENDMENT OF TERMS

JACCA is entitled to make modifications on these Merchant Terms unilaterally any time, and such modifications shall be valid and binding when notified to the Company. Any prospective or intended modifications on Merchant Terms shall be subject to written consent of the Parties.

 

ARTICLE 9: FORCE MAJEURE

Conditions that are not applicable and/or foreseeable on signing  date of these Merchant Terms, and that are beyond reasonable control of the Parties, either or both of whom are prevented from fulfilling contractual liabilities under these Terms in a timely fashion and in part and/or in full are accepted and recognised as force majeure (i.e. acts of god, war, terrorist actions, revolt and rebellion, legislative provisions, seizure or strike, lockout, significant and substantial failure in production and communication facilities...) hereunder. Defaulting Party is obliged to notify non-defaulting Party instantly in writing /by e-mail. The Parties shall not be held responsible for failing to contractual performance due to and as long as force majeure is applicable. If and when force majeure continues for 15 (fifteen) days, either Party shall be entitled to termination unilaterally and with no indemnities or penal sanctions.

 

ARTICLE 10: TERMINATION and PENAL CLAUSE

None of the Parties may waive from these Merchant Terms unilaterally or verbally. A mutual and reciprocal agreement in written form shall be sought for such waiver.

In case either Party fails to fulfil its contractual liabilities hereunder, the non-defaulting Party may demand performance of contractual liabilities by serving a written notice, or alternatively it may choose to terminate these Merchant Terms prematurely and unilaterally. The Party that terminates these Merchant Terms for a good cause may demand from the defaulting Party indemnity of damages incurred. However, the Party that terminates these Merchant Terms in the absence of a good case shall also be obliged to cover and indemnify damages incurred by the other Party. Except for the general rule of termination defined above, if the Company gets its business license revoked or otherwise withdrawn, the JACCA shall be entitled to unilaterally terminate these Merchant Terms as well as the protocol executed with the Company. In this case the Company's right to access to JACCA Platform ends with instantly, entirety of the content relating to the Company is cleared from the Application and the Company may not make any claims.

 

 

 

ARTICLE 11: ADDRESS FOR SERVICE

Parties' addresses written in these Merchant Terms shall be accepted as valid address for service unless the Parties notify any change of address in written form.

 

ARTICLE 12: GOVERNING LAW AND SETTLEMENT OF DISPUTES

These Terms are subject to Turkish Law. In case of disagreements between the Parties, these Terms together with annexes shall essentially prevail. If and when conflicts and disagreements likely to arise out of these Terms cannot be settled amicably, the Courts and Execution Offices of Istanbul (Çağlayan) shall be the competent authorities.

 

ARTICLE 13: ANNEXES

These Terms accompanied by annexes form and constitute the entire agreement. In case of discrepancy between the Terms and annexes, provisions contained in annexes prevail.