Legal

As of your first visit to the website operating under the domain name www.aksigorta.com.tr (“Website”), all rights of which belong to Aksigorta Anonim Şirketi (“Aksigorta”), you are deemed to have fully understood and accepted all the regulations written below, which contain important information regarding the use of the Website, in their entirety. These Aksigorta Website Terms of Use ("Terms of Use") are valid for all persons who access and/or use the Website and it is important that you read the following conditions carefully. If you do not agree to these conditions, please do not use the Website.

1. PARTIES

The Terms of Use, shall be applicable between Aksigorta located at Poligon Cad. Buyaka 2 Sitesi No:8 Kule:1, Kat: 0-6 Ümraniye 34771 İstanbul Türkiye and users who access the Website ("User"), all rights of which belong exclusively to Aksigorta. 

2. SUBJECT AND SCOPE

2.1. The subject of these Terms of Use is to determine the services offered to the User through the Website, the conditions for using these services, and the rights and obligations of Aksigorta and the User in this context. By accepting these Terms of Use, the User accepts, declares and undertakes to act in accordance with all rules, explanations and directions regarding the use of the Website and services provided by Aksigorta in the relevant areas of the Website and to use the Website only within this scope.

2.2. Aksigorta reserves the right to change and/or terminate all kinds of content, including but not limited to the information and forms used or to be used within the scope of the Website, and the Terms of Use at any time, without any further notice.

2.3. Aksigorta may change the conditions specified in the Terms of Use at any time and without any notice. These changes shall apply to all Users from the date of publication on the Website.

3. GENERAL CONDITIONS

3.1. The User can log in to the Website's Customer Login page and benefit from insurance services by verifying their identity through the Turkish Republic Identification Number and phone number registered in Aksigorta's systems. If the user wishes, they can benefit from Aksigorta services without logging in to the Customer Login page. The term of use regarding the use of the Website's Customer Login page will also be presented to the attention of the application users on the relevant page.

3.2. In order to log in to the Customer Login page , the user must be an Aksigorta customer or have received a policy proposal from Aksigorta mobile at least once. The User who tries to log in with information other than this will not be able to access the Website's Customer Login page . However, this does not prevent the User from benefiting from Aksigorta services.

3.3. The user shall not transfer the account information related to the Customer Login page to another user or allow its use by third parties under any circumstances whatsoever. The User is liable for all losses incurred or to be incurred by Aksigorta and third parties due to any negligence or fault in storing the specified information, keeping it confidential, ensuring it is not accessed by third parties, and using it exclusively for their own purposes.

3.4. The User is obliged to notify Aksigorta immediately upon becoming aware of any unauthorized use of their account or any security breach related to their account. Aksigorta has the right to block the user's access to the Website without notice in order to prevent the breach.

3.5. Aksigorta reserves the right to unilaterally terminate the Terms of Use at any time, without providing any justification, notice, or indemnification, with immediate effect, and to partially or completely revoke the User’s access to the Website.

3.6. Aksigorta reserves the right to unilaterally make modifications or adaptations to the services offered through the Website. The rules and conditions that the User is obliged to comply with within the scope of these modifications or adaptations made by Aksigorta will be announced by Aksigorta on the Website. Such modifications and adaptations shall enter into force as of the date of their publication on the Website and shall be valid and binding for the User. The User shall be deemed to have accepted these modifications by continuing to access the Website and to benefit from the services offered through the Website.

3.7. Regulations regarding the information and data provided by the User are regulated under the Terms of Use and Aksigorta Privacy Notice on the Protection of Personal Data ("Privacy Notice"). It does not use the personal data provided by the user outside the   scope specified in the Terms of Use and privacy notice within the scope of the Personal Data Protection Law no. 6698. And also it does not transfer it to third parties.

4. RIGHTS AND OBLIGATIONS

4.1. The User acknowledges, declares, and agrees to comply with all the conditions outlined in the Terms of Use, the rules and provisions in the relevant sections, and all applicable legislation while utilizing the services provided on the Website or performing any procedures related to these services.

4.2. The User accepts, declares and undertakes to provide the information requested by Aksigorta in order to benefit from the services offered through the Website.

4.3. The User acknowledges and agrees that the information and content they provide are accurate and lawful, and that Aksigorta's use of such information, its matching with other information registered in Aksigorta systems regarding the User, and the provision of services based on this information does not violate any laws or regulations under the applicable legislation. Except for cases specified by law, Aksigorta does not undertake any responsibility to verify the accuracy of the information shared by the User or uploaded, modified, or provided by the User through the Website, nor does it guarantee the correctness or legality of such information and content. Aksigorta shall not be held liable for any losses that may arise due to incorrect or inaccurate information and content, or their publication. The User accepts that they will be personally responsible for the consequences that may arise in case they act contrary to their obligations under this article and share incomplete, incorrect or misleading information and that Aksigorta is obliged to compensate for any losses due to misrepresentation of such information.

4.4. The User accepts, declares and undertakes that they are responsible for all kinds of acts and transactions carried out through the Website; they further accept, declare and undertake that they will not assert any exceptio or objection that they did not carry out the acts and transactions carried out herein or that they will not refrain from fulfilling their obligations based on this exceptio or objection. The User accepts, declares and undertakes that all choices and transactions carried out through the Website bind them irrevocably.

4.5. The User may perform transactions on the Website only for lawful purposes. The legal and criminal responsibilities for every transaction and action performed by the User within the Website are solely their own. The User agrees and undertakes that they shall refrain from any action that would constitute a violation of right in rem and right in personam and assets of Aksigorta or any other third party. Aksigorta shall not be liable for any direct or indirect damages incurred or to be incurred by third parties due to the User's activities on the Website in breach of these Conditions and/or in violation of the law. The User agrees and undertakes to indemnify Aksigorta for any losses that may be incurred as a result of actions that violate the legislation or breach the Terms of Use, particularly in cases where the Website is used or attempted to be manipulated contrary to its intended purpose.

4.6. The User shall comply with the Terms of Use, the rules and conditions published on the Website, as well as applicable laws, morality, decency, and principles of honesty. The User shall not engage in any behaviour that may disrupt the functioning of the Website in any way or take actions that violate or may violate the rights of third parties. In this context, the User shall be legally responsible for all kinds of unlawful expressions, including but not limited to all kinds of swearing, insults, obscenity and any losses that may arise as a result of these. 

4.7. The User declares that they have reached the age of 18 and have the legal capacity to conclude the Terms of Use.

4.8. Aksigorta may always check the content that is contrary to the functioning of the Website, the law, the Terms of Use, and the general rules of morality, and may partially or completely block the User who enters such content into the Applications without any notice.

4.9. The User accepts, declares, and undertakes that they will not perform any unjustified or excessive actions that may place an undue burden on the Website's infrastructure and not to upload or permit texts and images with disgraceful, pornographic, or immoral content in any relevant areas of the Applications.

4.10. The User accepts and declares that the information, templates, texts, pictures and any other content on the Website cannot be copied in whole or in part, transferred to other databases and made available to third parties for access and use from these databases without the written consent of Aksigorta. It is unlawful to use the Website outside the scope specified in this article; in such a case, Aksigorta reserves its rights to claim, initiate litigation and pursue against the User.

4.11. Access to the services provided through the Website is largely based on the quality of the service provided by the relevant internet service provider. Aksigorta does not have any commitment and/or obligations regarding the service provided by internet service providers or the quality of this service. In this context, the User accepts in advance that technical problems and/or access barriers may occasionally occur on the Website.

4.12. Aksigorta has the right to file a complaint or notice to the Public Prosecutor's Office and the relevant supervisory and regulatory entities to take the required legal action against the User when it deems necessary and without the necessity of prior warning to the User.

4.13. The User acknowledges and agrees that the Website may be linked to different websites or contents that are not under the control of Aksigorta, and that these situations may not have any effect on the relevant website or the information it contains. Aksigorta accepts and declares that Aksigorta does not have any obligations for the websites, files and contents, services or products or their contents accessed through such links. 

5. INSURANCE TRANSACTIONS

The User acknowledges that they are aware that they can receive proposals/services through the Website regarding the insurance services offered by Aksigorta within the framework of the legislation. In this context, the conditions regarding the services to be provided by Aksigorta and the processes to be carried out may be determined separately by Aksigorta.

6. INTELLECTUAL PROPERTY RIGHTS

6.1. Aksigorta is the licence holder and legal right holder of the general appearance and design of the Website and all materials including all information, pictures, Aksigorta brand, mobile and web applications, as well as their logos, icons, demonstrative, technical data presented in written, electronic, graphic or machine-readable form, computer software, the sales system, business method and business model applied on the Website ("Materials") and related intellectual and industrial property rights. The materials on the Website, including code and software, may not be modified, copied, reproduced, used beyond the intended use of the Website, translated into another language, republished, uploaded to another computer, posted, transmitted, presented or distributed without the written permission of Aksigorta and giving reference thereto. The whole or any part of the Website may not be used in another website or mobile application without the written permission of Aksigorta. Aksigorta's entitlement to other intellectual and industrial property rights and its claims in this context are reserved.

6.2. Users are strictly banned from making any attempt that may threaten the security of the Website, prevent the operation of the software belonging to the Website or the use of the Website by other Users and/or impair other Users, imposing a disproportionate load on the Website in a manner that may create these results, accessing the information on the Website in an unauthorised manner, copying, deleting, modifying or changing this information, or to make trials on the Website accordingly; to use software that will prevent the operation of the Website and the software used, or to disrupt the operation of all kinds of software, hardware and servers, to cause disruption, to reverse engineer, to organise attacks or to interfere in any other way.

6.3. The User's access to the Website and their right to use it may be partially or completely suspended and/or terminated if they use the materials in an unauthorised manner. In such cases, Aksigorta reserves the right to pursue all legal and administrative remedies.

7. CONFIDENTIALITY

7.1. During the utilisation of the services offered through the Website, Aksigorta may obtain certain information regarding the User and the services requested by the User. The information shared by the User and obtained by Aksigorta will be stored by taking required technical and administrative measures. Such information may be shared with Aksigorta personnel, relevant insurance agencies and service provider business partners in order to provide services to the User, to the extent required by the service and within the framework of the conditions specified in the Privacy Notice.

7.2. The information obtained by Aksigorta through the Website regarding the User is provided through the Website based on the free will of the User.

7.3. Providing false, misleading or incomplete information by the User may affect the services offered through the Website and the rights to be granted to the User in this context. Under no circumstances whatsoever shall Aksigorta be held liable for any possible loss of rights, and the User agrees, declares and undertakes to indemnify such damage if it causes a loss to Aksigorta with the false, misleading or incomplete information they provide.

7.4. Aksigorta may determine the User's IP address when necessary and use it to identify the User and collect demographic information. Demographic reports and target audience studies do not contain any personal data of the User and are used to conduct studies on User trends.

7.5. The User accepts and declares that in cases where Aksigorta is required to provide information to official authorities in accordance with the provisions of mandatory legislation, Aksigorta is authorised to disclose the confidential or private information shared with it upon the request of these authorities. The User further agrees that Aksigorta shall not be held liable or obligated to pay any indemnification regardless of the name under which for such disclosures.

8. OBLIGATIONS

8.1. Aksigorta shall not be liable for any damages that it has not intentionally caused, including but not limited to any damages, losses and costs arising directly or indirectly as a result of any malfunction, mistake, deficiency, interruption, delay, computer virus or system failure during the use of the Website.

8.2. Any commitment not directly provided by Aksigorta shall not be binding on Aksigorta. The User accepts and declares that Aksigorta has no responsibility to investigate the genuineness, authenticity, security, or accuracy of any information shared through the Website, nor to determine whether such information is shared in accordance with the law, and that Aksigorta shall not be held liable for any losses arising from such information.

8.3. The legal, criminal or administrative responsibility for every transaction and action carried out by the User through the Website belongs to the User, and the User shall be liable to Aksigorta and third parties as a result of the transactions and actions that the User will perform in breach of the Terms of Use. The User shall indemnify all kinds of losses and damages that may arise before third parties, shall not assert any claims and demands against Aksigorta in this context, and agrees, declares, and undertakes that Aksigorta shall be free from any claims and demands that may be asserted by third parties.

9. OTHER PROVISIONS

9.1. Modifications: Aksigorta may, at its sole discretion and unilaterally, modify the Terms of Use at any time it deems appropriate by posting them on the Website. The amended provisions of the Terms of Use shall become effective on the date they are published on the Website, and the remaining provisions shall remain in full force and effect and shall continue to bear legal consequences. In these cases, the User has no right to make any claim against Aksigorta based on the modifications made. The User accepts, declares, and undertakes that they will not make any claim against Aksigorta under any name whatsoever regarding the use of the Website, and that Aksigorta does not provide any guarantee or commitment that the Website will be free from defects.

9.2. Transfer: Aksigorta may transfer and assign the management of the Website and/or the services offered through the Website and its rights, obligations, receivables and liabilities under the Terms of Use and/or the Terms of Use itself to third parties in whole or in part, provided that such transfer and assignment does not result in a violation of the applicable legislation. On the other hand, the User may not transfer its rights and obligations under the Terms of Use or the Terms of Use itself, in whole or in part, to any third party without the written consent of Aksigorta.

9.3. Force Majeure: In all cases deemed as force majeure by law, Aksigorta shall not be held liable for late or incomplete performance or non-performance of any of its obligations specified in the Terms of Use. Such and similar cases shall not be deemed to be delay, incomplete performance or non-performance or default for Aksigorta, nor shall the User be entitled to claim any indemnification against Aksigorta for this reason. The term force majeure means unavoidable events which are beyond the reasonable control of Aksigorta and which cannot be prevented despite Aksigorta's due diligence including but not limited to natural disasters, riots, war, strikes, communication problems, infrastructure and internet failures, improvement or renewal works related to the system and failures that may occur for this reason, power outages and weather conditions.

9.4. Evidence Agreement: The User accepts, declares and undertakes that Aksigorta's books and records, computer records, electronic and system records kept in its database and servers, commercial records, fax messages, instant messaging applications correspondence, e-mails, social media correspondence will constitute valid, binding, conclusive and exclusive evidence in disputes that may arise within the scope of the Terms of Use and that this article is a conclusive evidence agreement.

9.5. Applicable Law and Jurisdiction: Turkish Law shall apply to the application and interpretation of the Terms of Use and the management of legal relations arising under the Terms of Use, except for Turkish conflict of laws principles in the event of a foreign element is involved. Istanbul Anatolian Courts and Enforcement Offices (İstanbul Anadolu Mahkemeleri ve İcra Daireleri) are competent over any disputes arising or that may arise out of the Terms of Use.

9.6. Notices Aksigorta will be able to notify the User through any of the User's communication channels registered in Aksigorta systems. Contact information for Aksigorta will be provided in the relevant area of the Website.

9.7. Suspension/Termination of Terms of Use: If the User fails to comply with the Terms of Use, rules, and requirements or engages in actions that may harm the personal and commercial rights of third parties, Aksigorta reserves the right to temporarily or permanently suspend the User’s access to the Website or terminate the Terms of Use immediately. The User shall no have any request against Aksigorta for this reason. On the other hand, Aksigorta may, at any time, suspend or terminate the Terms of Use for a period of time or for an indefinite period of time without any further justification.

9.8. Severability: If any provision of the Terms of Use becomes null and void, in whole or in part, the remaining provisions of the Terms of Use shall continue to be fully effective and enforceable, despite the invalidity or unenforceability of the affected provision.