BEFOUROUT

Terms & Conditions

About Our Terms of Use

Be Four Out. (“Befour”, “we”, “us”, “our”) welcomes you to our website. The following terms (“Terms of Use”) govern your access and use of our website (the “Website”), available at www.befourout.com. Please review these Terms of Use carefully. By accessing and using the Website, you agree to be bound by all the Terms of Use set forth herein. If you do not agree with these Terms of Use, your sole recourse is to leave the Website immediately without accessing any other pages within the Website, reviewing any information on it, submitting any information to it, or otherwise uploading or downloading any contents from it. A copy of the Terms of Use may be downloaded, saved and printed for your reference.

befour reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. From time to time, befour may also amend these Terms of Use by posting revisions on the Website with no additional notice to you. Please note that befour has the right to amend these Terms of Use at any time. You should check back frequently to see the Terms of Use then in effect. Your continued access to and use of the Website will constitute acceptance of the amended Terms of Use. If you do not agree with these Terms of Use, or any future amendments, your sole recourse is to cease use of the Website.

Ownership / Restrictions on Use

The Website is owned and operated by befour. All text, data, graphics, photographs, images, audio, video, trade-marks, service marks, trade-names and other information, visual or other digital material, software (including source and object codes) and all other content of any description available on the Website or available via a link from the Website to a page created by befour on another website (collectively, the “Content”), are the sole property of befour and are strictly reserved in befour’s favour. All Content is protected by Turkish and international copyright, trade-mark, service marks, patents, trade secrets and other laws governing property rights. The only rights to the Website and Content are those you receive are those granted to you pursuant to this Terms of Use.

You are hereby granted a non-exclusive non-transferable royalty-free license to access the Content on the Website in order to review it and purchase any products made available for sale by befour. You may also access the Content for informational use in order to educate yourself about befour, its operations and its products. As part of informational use, you are permitted to print, take screen-shots or save in Adobe Portable Document Format (PDF) any Content provided that you keep intact all copyright and other proprietary notices. Use of Content for any purpose not expressly permitted in these Terms of Use is prohibited. You may not otherwise copy, reproduce, perform, distribute, display or create derivative works of the Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of BeFour. BeFour reserves the right to withhold this permission in its reasonably exercised discretion. To obtain written consent for such reproduction, please contact us at: [email protected]

Registration and Passwords

To place an order on the Website or to sign up to receive emails from us, you may be asked to complete an online registration form. In consideration of your use of the Website and the services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Website may direct you, and to update that registration information as soon as possible after any information on such registration form changes. As part of the registration process, you may choose a password and username. You alone are responsible for keeping that password and username confidential, and for any and all activity that occurs on this Website under such password or username. In the event that you suffer any losses as a result of failing to keep your username and password confidential, you have no recourse to befour and befour hereby disclaims any and all liability in connection therewith. You agree to immediately notify BeFour of any unauthorized use of your password or username or any other breach of security.

befour reserves the right to change its Website, including sub-dividing accounts into different categories with different levels of access, benefits and privileges. befour also reserves the right to revoke your username and password, and otherwise deny you access to the Website, in the event that you violate these Terms of Use (including providing any information that is inaccurate or misleading in your registration).

Links to Third-Party Websites

We may offer links on the Website to websites, including social networking websites, owned and operated by third parties. We provide these links as a convenience to our visitors. We do not review the content of such websites, and with respect to any content, advertising, products, services or other materials on or available from such third party websites, we neither endorse it, nor are we responsible for it. You assume full responsibility for your use of third party websites. Such websites will likely be governed by the terms and conditions different from those applicable to this Website, and we encourage you to review the terms and privacy policies of those third parties before using their websites. We may also offer links to Content created by befour and available on other websites. If you link to that Content you are responsible for ensuring that you comply with the terms of use applicable to those websites while you are visiting them.

No Warranties

Although we strive to update and keep accurate as much as possible the Content contained on the Website, errors and/or omissions may occur.

Accordingly, your use of the website is at your own risk. All content included on or available through the website is provided to you on an “as is” and “as available” basis, without any representations or warranties of any kind, whether express or implied. Without limiting the generality of the foregoing, we do not represent or warrant that:

  1. the Content is accurate, reliable or correct;
  2. that the Website will be available at any particular time or location. If the Website is unavailable for any reason, it is your sole responsibility to request, generate and deliver access to the information contained therein by some other means;
  3. that your access to the Website will be uninterrupted;
  4. that any defects or errors will be corrected;
  5. that any product or service offered for sale on the Website will be fit for a particular purpose or useful in any particular situation;
  6. that the Content is free of viruses or other harmful components; or
  7. that the Content is timely, secure or error-free.

To the maximum extent permitted by law, befour disclaims all warranties, including any warranties of merchantability, non-infringement and fitness for a particular purpose. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

Products displayed on the website may not be available at all times and products and prices may be changed, and products may be substituted or discontinued at any time. While we attempt to provide an accurate description of items available for purchase on the site, we do not warrant the accuracy, completeness, reliability or currency of such descriptions.

All other terms and conditions governing the purchase of any product on the website are available at the time of purchase in the Terms of Sale.

Website Errors

From time to time, the Website may be down or otherwise unavailable due to maintenance, errors, problems or other unforeseeable causes, upgrades or other purposes. befour reserves the right to take the Website down, or otherwise make any changes to the URL or content therein, without notice to you. befour is not liable to you for anything (including losses, costs, fees or expenses) in connection with the Website being unavailable. Moreover, the information on the Website may contain bugs, errors, problems or other limitations. You acknowledge that your use of the Website is subject to the foregoing and BeFour hereby disclaims all liability in connection therewith.

Foreign Servers

You acknowledge that befour may host the Website but, in so doing, may utilize servers and hosting services based outside of Turkey. Any documents or materials uploaded to, or downloaded from the Website may be stored in servers located in, and subject to, the laws of a foreign jurisdiction. Such laws can include (without limiting the generality of the foregoing) criminal and administrative legal requirements relating to investigation, search and seizure.

Prohibited Activities

When accessing the Website, you are specifically prohibited from doing any of the following:

  1. Hacking, etc. – You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any BeFour server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
  2. Viruses and Malware – You are strictly prohibited from uploading or introducing to the Website any code that contains viruses, malware, ransomware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications device.
  3. Monitoring and Circumventing Site – You shall not use any “deep-link”, “page-scrape”, “robot”, “spider”, “agent” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. BeFour reserves the right to bar any such activity.
  4. Probing, etc. – You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You will not reverse look-up, trace or seek to trace any information on any other user of the Website, or any other customer of BeFour, including any information on a BeFour account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
  5. Overloading Site – You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure (including the bandwidth capacity) of the Website or befour’s systems or networks, or any systems or networks connected to the Website or to befour.
  6. Interference – You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
  7. Harassing and Stalking – You are not permitted to use the Website to harass or stalk any other user, or any shareholder, director, officer, employee, contractor or representative of befour.
  8. Disguising Messages and Identity – You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal sent through the Website where the befour permits such messages to be sent. You also may not disguise the origin of any product or service offered on or through the Website. Finally, you shall not impersonate any other individual or entity, and you shall not fraudulently hold yourself out as representing another person or entity when using the Website.
  9. Unlawful Activity – You shall not use the Website or any content or other document therein for any purpose that is contrary to any statute, regulation, by-law, rule, common law principal (whether in law or equity) or other requirement of Turkish law, or any purpose prohibited by these Terms of Use or befour’s Privacy Policy, or to solicit the performance of any such illegal activity or other activity which infringes the rights of befour or others. This specifically includes taking and using any personal or confidential information stored on befour’s servers by hacking or other means prohibited by these Terms of Use.

Limitations of Liability

Under no circumstances will BeFour, or any shareholder, director, officer, employee, contractor or representative of befour, be liable for any loss, injury, claim, liability or damage of any kind resulting from your use of, or inability to use, the Website, any Content therein or products sold thereon. To the maximum extent permitted by applicable law, BeFour disclaims all responsibility for any loss, injury, claim, liability or damage of any kind, including direct, indirect, incidental, special, consequential or punitive damages of any kind (including, without limitation, attorneys’ fees and other legal expenses) resulting from, arising out of or in any way related to your use of the Website, the Content therein or the products sold thereon.

Indemnification

By using the Website, you agree to defend, indemnify and hold harmless befour and befour’s employees, officers, directors, contractors and authorized representatives from any and all damages, expenses and liabilities arising from any claims, actions, causes of action, demands, mediation, arbitration or any similar proceedings , including, without limitation, reasonable legal fees and other expenses, whether in tort, contract or otherwise, relating to or arising out of your use of this Website or any alleged violation by you of these Terms of Use.

Privacy

befour respects your right to privacy of your personal information. Where you provide any personal information, befour will retain and safeguard that information in accordance with its Privacy Policy. Please review our Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage any of your personal information.

Jurisdictional Issues

By using the Website, you hereby agree as follows:

  1. Compliance with Turkish Law – In using the Website, you agree to comply with all legislation, regulations, common law requirements (including such requirements in law and equity) as may be applicable and in force pursuant to the laws of Turkey.
  2. Currency – Any monies payable pursuant to this Terms of Use shall be in Turkish Lira.
  3. Actions Subject To Disclaimer – All actions, applications and other legal proceedings shall be subject to the limitations set forth above under the heading Limitations of Liability.
  4. Users Outside Turkey – This site is controlled and operated by Befour from its offices within the Province of Istanbul. Befour makes no representations or warranties that documents, or other materials from the Website are appropriate or available for use outside of Turkey. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the said extent local laws are applicable.

General

These Terms of Use constitute the entire agreement between you and befour with respect to your use of the Website. For clarity, the terms and conditions governing the purchase of any product are governed by the Terms of Sale. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be severed from the Terms of Use and the remaining provisions shall remain in full force and effect. Notwithstanding any other provisions of these Terms of Use, any provision of these Terms of Use that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of these Terms of Use, including, without limitation, the paragraphs above under the heading “Indemnification” and “Limitations of Liability”. Failure of befour to enforce any provision of this agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. All waivers shall be in writing. You are not permitted to assign the rights given to you pursuant to these Terms of Use, but befour may assign any of its rights to any other person or persons at any time without notice to you. For clarity, the agreement created between befour and you pursuant to this Terms of Use is one of independent contractors, and under no circumstances are you to hold yourself out as an agent, employee or representative of befour.

Notice

Notices to you may be made via email or some other form of electronic communication, or in cases of changes to these Terms of Use or to the services offered by the Website, by posting notices or links to such notices on the Website itself. You may send befour a notice by using the Contact Form on the Website.

Last updated on August 1, 2019.

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