General Terms and Conditions
The rights of “www.smartcosa.com” and “Cosa” mobile and web applications (www.smartcosa.com "and" Cosa "mobile and web applications are hereinafter referred to as "Applications") belong to Nuvia Energy Technologies San. and Tic. A.S. (hereinafter referred to as the "Company"), and this document has been prepared to determine the General Rules and Conditions to be concluded between the company and the persons who want to use (persons who want to use the company's products through Applications will hereinafter be referred to as "User") the products and services of the company (products and services will be referred to as the "Product" hereinafter) through Applications, and includes the commitments for the use of the Products and Applications offered by the company by the User. In addition, additional terms and conditions may be imposed for Companies new Products and Applications.
Requirements for the use of Products through Applications are available on the www.smartcosa.com/support website. It is the User's responsibility to check whether the User can meet these requirements.
If the User accepts the General Terms and Conditions contained in this agreement, the membership becomes effective indefinitely after filling the registration form in the Application and clicking the "Submit" button. The User can terminate the membership at any time. The User will not be able to use the Application if they do not register, and accept and approve the terms of the contract.
Applications may require updates from time to time, and it is the User's responsibility to regularly monitor and implement these updates.
For the use of Products and Applications, it is necessary to read the installation and User manuals that come with the Product or can be accessed from the Application or smartcosa.com/support website and follow all instructions. The User accepts, declares and undertakes that he/she has read and understood these instructions.
The company can develop and change its Products and Applications. For the use of new Applications, the User must accept any new terms and conditions that may come with these Applications.
The data required for the use of Products and Applications are sent and received over your current internet tariff.
The access to the Products and Applications and the quality of the transactions performed through the Products and Applications also depend on the quality of the service provided by the internet service provider, and the company has no responsibility for the problems arising from the related provider.
The use of the Applications may require occasional updates of the mobile phone operating system as well as the Applications.
The User will have a password and a member name to be determined during registration at the Application and which the User is obliged to keep securely. The User can change the password at any time. The selection, change and protection of the password is entirely the responsibility of the User. The User accepts, declares and undertakes that he/she is responsible for the transactions made with the password and that the Company does not have any responsibility in cases where the password is acquired by a third person.
The e-mail address and member name given by the User during the first registration is unique to the User and there can only be a single membership with this email address and member name. Two different memberships cannot be created with the same email address and member name.
The User cannot request the email address, member name or password information of another User. Accessing another User's account by any means is prohibited.
The User accepts and undertakes that the information and content provided by the User is correct and lawful and belongs to the User. The company is not obliged and responsible to investigate the accuracy of the information and content uploaded, changed and provided by the User, and to undertake and guarantee that these information and contents are safe, accurate and lawful.
Any content (including advertisements) that is against the General Terms and Conditions or general moral rules, hateful, threatening, pornographic, obscene, visual or violent, contains alcohol or adult content, and messages that cannot be accepted by the Company, Company can perform the necessary content scans in order to detect the contents, remove these messages and contents from access at any time, therefore, the membership can be stopped and/or terminated without any notice.
If the Company believes that these General Terms and Conditions are violated by the User, the intellectual property rights of other persons are violated, or it is subject to any risk or other possible legal sanction, it may remove any content or information belonging to the User in the Applications or It can be terminated without any notice.
The User cannot transfer, lease, make use of or sell User’s contractual rights to third parties without the written consent of the Company.
The company has the authority to make changes on any content, at its sole discretion, and to remove content that it deems inappropriate.
All rights, ownership and interest in the Applications belong to the company. Under this agreement, the User is granted a worldwide, free, personal, non-transferable and non-exclusive license (right to use) for the use of the Applications only. Nothing in the contract can be interpreted as transferring the rights, ownership and benefits of the Applications to the User partially or completely.
In the event that the company detects an act contrary to this contract, the company may unilaterally suspend and/or terminate the contract without paying any fee. The User can terminate this contract unilaterally at any time without paying any fee. However, the User does not have the right to return the Products purchased from the company, except for the conditions in the warranty document or the conditions in the sales contract.
The Products are integral parts of the Applications and the User must have all of them in order to use the Applications.
The natural gas or electricity bill amount may vary depending on the usage of the Products, natural gas fee, weather temperature, seasonal conditions, the insulation of the house, its size, the use of other heat sources and other factors that may cause heat change in the house and such reasons. The company does its best to save energy without compromising comfort conditions, but does not make any commitment that the User's invoice amounts will be reduced. The company is not the addressee of any claim or request regarding invoices, even if the User's natural gas or electricity bills are higher than normal.
The company provides Products and Applications "as they are", and does not make any claims or commitments that the Products and Applications are flawless, flawless or perfect. The User acknowledges that the use of the Products and Applications is entirely under her own responsibility, and that it is the Users responsibility to use the Products and Applications in accordance with other instructions and to receive a satisfactory quality and performance in this direction. The company declares that it makes no implied warranties of any kind, including implied warranty, satisfactory quality, fitness for a particular purpose, accuracy.
Loss or damage incurred as a result of any intervention from the company, the User or third parties, or any errors, damages or corruption in any software, equipment or data; it will not be liable in any way for any copyright and property rights violations that may occur as a result of its use by the User.
The legal and criminal responsibility for every transaction and action taken by the User within the Applications belongs to the User.
The User uses the Applications in accordance with all applicable national and international legislation, rules and laws regarding internet use; it accepts, declares and undertakes that it will not misuse it for an illegal, fraudulent or improper reason, it will not participate in an act in this direction, that it will not act in a way that breaches this contract.
The User may not take actions or interfere with the operations that will damage, prevent access, overload or damage the Applications or their suppliers' sites, goods or services, content, software, encryption system and data in any way.
The User cannot use the Applications in a way that prevents other Users from using them.
All of the information and content shared by the User through Applications are the property of the User and all responsibility for this information belongs to the User.
There is no charge for the use of the Applications. However, for the use of new Applications to be offered by the company in the future, you must accept and approve the Company's General Terms and Conditions for Applications.
The company is not responsible for any malfunctions that may occur in systems where Products are used together. The company will only be liable for direct damages arising from this contract, to the extent permitted by the current legislation. The company will not be held liable in any way for damages that may occur due to defects and malfunctions of the systems in which the Products are used together. The User accepts that she will not make any claims for incidental damages, loss of profits, special, indirect, punitive or other damages that are not directly caused by a breach of the company, and that he/she waives these rights in advance.
When the Product life is over, it should be left in electronic waste areas and given for recycling.
The person, these General Terms and Conditions, natural disasters, martial law or state of emergency, internal disturbance, war or military operations, national or local security, strikes and lockouts, compliance with any legal obligation, fire, lightning, explosion, flood, earth will not be liable for any breach of these General Terms and Conditions due to slippage, acts or omissions of third person that are not under the responsibility of the person, or any similar or dissimilar reasons beyond the control of the person.
It is prohibited to directly or indirectly copy, reproduce, process, modify, publish the Products or Applications by the User in any way and with any technology, partially or completely.
The company may share your personal information with official institutions and/or judicial authorities within the scope of any investigation in order to meet the demands of official institutions in accordance with the current legislation.
The User accepts, declares and undertakes in advance that he/she consents to provide all kinds of information, announcements, services, promotions and advertisements to be made by the company as long as the Products or Applications are used.
In cases where there is no provision in this contract, the provisions of the Law on Consumer Protection No. 6502 in Turkish Law and the relevant regulation will be applied.