GENERAL TERMS AND CONDITIONS OF THE VODAFONE TURKEY WEBSITE

1-INTRODUCTION

These are the general terms and conditions ("Terms") governing your access and use of the content and services offered to you on this internet site ("Site") (whether accessed by you on the web, by WAP or on a PDA) (collectively, the "Service" or "Services"). This Site and the Services are operated by or on behalf of Vodafone Telekomünikasyon A.Ş. (hereinafter referred to as "we", "us", "our" or "Vodafone"). Any reference to "you" and "yours" refers to you, the user of the Service.

Please, read these terms carefully.

2-YOUR CONTRACT WITH US

Your contract with us shall begin upon the earlier of you:
- completing our registration process and confirming that you have read and accepted these Terms; or
- viewing, accessing or using any Service offered by us which does not require registration.
We suggest that you print out and keep a copy of these Terms for your records. These Terms shall apply to all of the Services.
In addition to these Terms, there may be terms and conditions which apply to individual Services which you will be required to accept when registering for that Service.

3-GENERAL

We may delay enforcing our rights under these Terms without losing them.
You agree that we may sub-contract the performance of any of our obligations or may assign these Terms or any of our rights or obligations without giving you notice.
You undertake not to assign, re-sell or in any other way transfer your rights or obligations under these Terms.
We will not be liable to you for any breach of these Terms, which arises because of any circumstances that we cannot reasonably be expected to control.
You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or use of this Service.
These Terms (and, where applicable, the relevant additional terms that you accept as part of the registration process for a Service and the Provider terms and conditions) form the entire understanding between you and us concerning your use of the Service and supersede all previous agreements relating to the Service.
If any part of these Terms is determined to be legally invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
Vodafone reserves the right at all times to disclose any information as Vodafone deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
The general terms and conditions of the Vodafone airtime service (or those of your service provider) and the terms and conditions of the Vodafone prepay service (as applicable) shall also apply when using the Service if you have a mobile phone on the Vodafone network.

4-HELP

If you have any question or problem with this Service, you can call the Customer Care at 444 0 0542 from your Vodafone number or at 0212 448 70 00 from other telephones; or mail us by filling in the form available on “Help and Support” > “Contact Us” Section on the website.

5-USERNAMES AND PASSWORDS

You agree to provide true, accurate, current and complete information in all fields indicated as compulsory when registering for the Service. Following registration, you will be issued with a password to access the Service and any pages for which registration is required. You are responsible for all actions that take place as a result of access to the Service via your password. It is your responsibility to ensure the security of your password and the device that you use to access the Service A breach of these Terms by anyone to whom you disclose your password will be treated as a breach by you.
In the event that your password becomes known to any unauthorised user you will immediately notify us of such failure or error. We reserve the right to change your password and account name at any time in our sole and absolute discretion.
For certain Services you may be required to choose a user name and a password. For any of the Services:

The user name you choose must not be obscene, threatening, menacing, racist, offensive, derogatory, defamatory or in violation of any intellectual property or proprietary rights of any third party; and

If we consider in our sole and absolute discretion that the user name selected by you is inappropriate, we reserve the right to reject and prevent your use of such user name at any time with or without notice to you.
We may change your password and user name from time to time, and notify you of any changes using the contact information derived from you.

6-YOUR USE OF THE SERVICES

All copyright, trade marks, patents and other intellectual property rights in any material or content (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and other material or moving images) contained in or accessible via the Services ("Content") is either owned by us or has been licensed to us by the rights owner(s) for use as part of the Services. "If you wish to do anything else with any of the Content, you must first obtain the written permission of the owner of the rights in that material. All rights are expressly reserved.

We grant you a non-exclusive, non-transferable right to view and use the Service and the Content via your PC, mobile telephone or other access device for private, non-commercial purposes only and subject to your strict compliance with these Terms. You may copy the Content in an unchanged form for private use on your own PC, mobile phone or other access device if and to the extent that such copying is required for the proper use of the Service or the Content and such copying is permitted by the copyright owner.

You shall not be entitled in respect of any Content (wholly or partly):
- to pass it on to third parties or to allow third parties to access it unless and to the extent expressly permitted; or
- to change, edit, modify, reformat or adapt it in any other way.

Your use of the Site and the Services is subject to some prohibitions including but not limited to the prohibition of use of the Site and the Services in a way to cause inconsistency with Vodafone brand and/or copying or adaptation of them all the same. It is not allowed to use or otherwise replicate the Services.

7-MY VODAFONE

If you are a Vodafone customer, you may register for the "My Vodafone" service on the Site.
If you are a Vodafone business subscriber, you may use “My Business Account” for your transactions.
This will enable you to review the services that you have registered for, register for new services, view your bills online, update your personal details or cancel your registration should you so choose.
Authorization of the company personnel to use the Business Account on behalf of the company will change depending on the user status and the use of the product.

8-PROHIBITED USE OF THE SERVICE AND/OR THE CONTENT

You, and any persons you allow to use the Service or the Content through your access to the Service, are not allowed to:
- copy, disclose, modify, reformat, display, distribute, license, transmit, sell, perform, publish, transfer, link to, reverse engineer or decompile (except to the extent expressly permitted by applicable law) or otherwise make available the Content and/or the Service or any part thereof except as set out in these Terms

- include or create links (including deep-links) to or from the Content and/or the Service;

- replicate the Vodafone homepage or create a separate border around any part of the Service or Content (also known as "framing");

- use the Service or the Content for any commercial purpose;

- use the Service and anything available from the Service for illegal purposes or in breach of any applicable laws, statutes and regulations or codes of practice;

- use the Service to post, upload or otherwise transmit messages, information or pictures that are obscene or pornographic, threatening, menacing, racist, offensive, indecent, tasteless, defamatory, in breach of confidence or otherwise unlawful;

- harass, stalk, threaten, impersonate or otherwise violate the rights of others including rights of privacy;

- hack into, make excessive traffic demands, probe or port scan other computers, deliver viruses, mail bombs, chain letters or pyramid schemes or otherwise engage in any other behavior intended to inhibit other users from using and enjoying the Service or any other website;

- collect and process others' personal data except in accordance with applicable data protection law;

- advertise or offer to sell goods or services;

- infringe any other person's intellectual property rights, including copyright;

- use the Service to harvest or collect information about users of the Service or to post or otherwise distribute unauthorized or unsolicited junk and bulk emails (also known as "spam");

- use the Service or the Content in any way that we in our sole and absolute discretion consider objectionable, inappropriate, likely to injure our brand and reputation or otherwise unacceptable.
You are responsible for any misuse of the Service or the Content even if it is by another person using your access to the Service.
We reserve the right to remove, edit or refuse to post any material that you or other third parties place or attempt to place on the Service, to block or suspend your access to the Service and to take such other action as we in our sole and absolute discretion consider necessary to prevent or remedy any breach of these Terms. If you wish to notify us of any Content or third party material or activity on the Service that you reasonably believe is in breach of these Terms then you can do so.
We will also (in accordance with our Privacy Policy) co-operate with law enforcement and other relevant authorities with respect to any investigation or violation of network security and reserve the right to disclose any information (including personal data) derived from you as required by law.

9-YOUR INFORMATION

Vodafone is committed to respecting privacy. Therefore, the security of your personal information is guaranteed by Vodafone under the general terms & conditions and the Telecommunications Act. Personal information can not be used, copied, processed, distributed or disclosed by the third parties unless otherwise ordered legitimately by the Court/Prosecutor’s Office or without the written permission of the relevant person.

Our usage of your personal information is governed by our Privacy Policy, which forms part of these Terms. PLEASE READ THE PRIVACY POLICY CAREFULLY - it deals with your rights and our obligations in relation to your personal data, including what we can do with it and to whom we may give it in certain situations.

10-DOWNLOADED CONTENT AND RESPONSIBILITIES

Where any of our Services enable you to download Content to a mobile phone, personal computer, personal digital assistant or other access device you must comply with the following conditions.

You may save such Content on your access device but (unless expressly permitted) you are strictly prohibited from saving such Content elsewhere; editing or modifying the Content; copying, distributing or forwarding the Content to one or more third parties or allowing third parties to access it.

You should adjust the personal settings on your access device to ensure that you receive the Content that you have selected. By registering for Services you confirm that your access device can support the downloading of the relevant Content. If you are unsure whether this is the case you should check the information on this Site, consult your handbook or contact the manufacturer of your access device. We cannot be held responsible should you attempt to download Content onto an incompatible access device and you will be charged regardless.

Without limitation, we shall not be liable in any way for failures, defects or delays in the delivery of the Content which are caused by one or more of the following reasons:
(a) you have provided an incorrect phone number or other incorrect information before ordering the Content;
(b) your message mail box is full and cannot receive additional messages;
(c) your phone is switched off, out of range or for some other reason cannot be reached; or
(d) any other reason outside our reasonable control.
Using our Site and the Services is in your responsibility. Vodafone makes no warranty that the site is/will be free of any fault, error, virus or other problems that may affect your computer. Vodafone does not make any warranty as to the security of the emails on the internet since they may be stopped, tracked, lost or changed. Vodafone does not accept responsibility for any liability in respect of the damage that may arise from emails sent to/from Vodafone.

We use “cookies” as part of your interaction with the browser in order to provide you with a better service and more effective Site usage. “Cookie” is the information sent to the computer of the visitor while they are visiting our website. Cookies enable us to monitor the route information of a visitor on the Site. We can not recognize a person unless s/he accepts to give us his/her personal data online. Such personal data can not be disclosed or otherwise sold to the independent research companies for marketing purposes

11-SECURITY

It is strongly recommend that you keep your password secure and secret and take the necessary precautions to prevent unauthorized use of your password. You are recommended not to write down your password in a paper; disclose it to third parties including the Vodafone personnel and/or note it to somewhere which is accessible by the third parties; or leave your computer with the Site screen opened. Moreover, please do not use easy-to-guess passwords such as your date of birth, anniversaries or phone numbers. "MY VODAFONE USER AGREEMENT" ("Agreement") shall also be applicable as it is since you agreed for it before signing up for the Site.

You notify us immediately of any unauthorized access to the Site with your name or if you suspect or know that an unauthorized command was given or if you suspect that someone knows your password. You can call Vodafone Customer Care for this. In such cases, you are strictly recommended to change your password immediately. Banks and law enforcement authorities may need your help to recoup your loss. Therefore, we may disclose you personal data to the law enforcement authorities or to third parties, if it is necessary to recoup or prevent any loss.

12-INTELLECTUAL PROPERTY

Copyrights with regards to the Site pages, information, Content of all kind, themes and materials as well as the editing of all these belong to Vodafone and/or its contractors. All copyrights, registered trademarks, patent and/or all intellectual and industrial property rights in relation to the Site content and materials are the reserved by Vodafone. No explicit or implied, full or partial license is issued in that respect.

You can print, copy, download or temporarily save the Site files for your own use or while using our Products and Services. However, it is strictly prohibited to make any change on the Site. Otherwise, legal actions shall be taken in accordance with Intellectual and Industrial Property Rights Act. It is prohibited to replicate the Site without the written permission of Vodafone. No one is allowed to publish some part of the Site on another website or create a hyperlink to it without the written permission of Vodafone

Vodafone and the services and products with Vodafone logo as a whole are the trademarks of Vodafone Telekomünikasyon A.Ş. All rights regarding Vodafone trademark are reserved by Vodafone Telekomünikasyon A.Ş. Registered trademark of Vodafone, the logo or the brand name can not be used or copied without permission except the cases stated above; and the domain names and similar domain and sub-domain extensions can not be used in any circumstances at all.

13-USE OF THE "SITE"

Customers are not charged any money currently for using the Site. However, Vodafone reserves the right to charge the customers for using the Site in future. Your hereby agree to pay a reasonable fee that Vodafone may charge from you in the future for using this Site to conduct your customer/business transactions. You will be notified of such a change via mail, email, short message or otherwise before you are charged for such a usage fee and before you send a notification to Vodafone. Once you are notified, if you still use the service, it will be treated as you accepted this change.

14-THIRD PARTY WEB SITES, LIABILITIES AND LEGAL NOTICE

You acknowledge that we are unable to exercise control over the security or subject matter of third party content transmitted or accessible via the Service and we exclude all liability of any kind for the transmission or reception of illegal or unlawful content. According to Article 4 of the Law No. 5651; a content provider is not responsible for the third party content that this provider provides a link to. The Services may be used by you to link to other web sites, resources and/or communications networks. We accept no responsibility for their content or services, or otherwise in respect of these. We endeavor to ensure the security of your communications; however your communications pass over third party networks over which we have no control The Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorized persons access to information stored on your PC, mobile phone, PDA or other devices These programs may perform actions that you have not authorized, possibly without your knowledge.The hyperlinks that we provide on our Site are just for your information. We accept no liability for any loss or damage resulting from your use of the Internet and/or third party web sites or content accessed via the Service.

Our web site may include links to downloadable software sites. These links provide ease of use for our customers. We accept no liability for any loss or damage resulting from your use of the Internet and/or third party web sites or content accessed via the Service.

We accept no responsibility or liability for any difficulty or its consequences that you may experience while downloading a program. The use of the downloaded program is subject to the license agreement (if any) which is provided or comes with the program itself.

None of the information on the Site represents expressly or implicitly the acceptance or approval of the third parties or any recommendation, idea, information, product or Service of them.

Creating a hyperlink on a third party web site to access to any of the Vodafone web sites is subject to the written permission of Vodafone. Creation of such a link may not be free of charge. Vodafone accepts no responsibility against you and a third party for any loss or damage resulting from your/their use of such hyperlinks.

15-INDEMNITY BY YOU

You irrevocably agree to indemnify us and our Providers fully against and to hold us and our Providers harmless on demand from all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred by us or our Providers as a result of any claim by a third party resulting from your use of the Service (or use of the Service by anyone who accesses the Service via your password) in breach or non-observance of these Terms. We shall notify you of any claim that we or our Providers receive and you hereby provide us and/or our Providers with full authority to defend, compromise or settle such claims and shall provide us and/or our Providers with all reasonable assistance necessary to defend such claims, at your sole expense.

16-SUSPENSION AND TERMINATION OF SERVICE

We may suspend the operation of the Service without prior notice:

- for repair or maintenance work; or

- in order to update or upgrade the contents or functionality of the Service from time to time;

- in the event that we believe that you are or may be in breach of these Terms.

If we suspend your access to the Service to investigate or prevent a potential breach of these Terms, these Terms shall continue to apply during such period of suspension and you shall remain liable for any charges payable by you during such period.

We may terminate your access to and use of all or any part of the Service:
If we terminate your access to the Service, we may delete all information, emails and data that you have stored on the Service. Therefore, we recommend that you save copies of all information that you wish to keep on another storage device apart from the Service.

Vodafone may withdraw or change the Services generally, at any time for technical, commercial, public interest or operational reasons. In the event that the Services are being permanently withdrawn by Vodafone, this will be advertised with as much notice as reasonably possible prior to the withdrawal of the Services. Depending on the reason for the suspension, withdrawal or change, it may not always be possible to give advance notice. Termination shall not affect the accrued rights and liabilities of either you or us.

You may end the Service at any time by following the instructions on the website or contacting us, as set out above. Termination of the Service will not affect your obligation to pay for Services used by you or any third party goods or services previously purchased using the Service.

17-APPLICABLE LAW AND RESOLUTION OF DISPUTES

These Terms shall be governed and interpreted in accordance with Turkish law and you and we both consent to the non-exclusive jurisdiction of the Istanbul Central Courts.

I READ THE AGREEMENT AND I HEREBY DECLARE OF MY OWN FREE WILL THAT I ACCEPT AND ACKNOWLEDGE ALL THE PROVISIONS THEREOF.

II.PRIVACY POLICY

1. Personal data requested from subscribers is needed to be able to provide them with Service. Such personal data is maintained by Vodafone Telekomünikasyon A.Ş.
2. As long as permitted by the subscriber or the user, Vodafone Telekomüniksyon A.Ş. may process their personal data for the purpose of promoting its Telecommunication Services or providing value added Services within the relevant scope and time as required by such Services; and in compliance with the Telecommunications Act and as per the Regulation regarding the Processing and Protection of Personal Data in the Telecommunication Sector.
3. For the purpose of promoting its Telecommunication Services or providing value added Services, Vodafone Telekomünikasyon A.Ş. will notify the subscribers and the users of the personal data processed and the time of the process as long as permitted by such subscribers and users.
4. According to the Telecommunications Act; for the purpose of handling all emergency calls including law enforcement, ambulance and fire brigade Services, Vodafone Telekomüniksyon A.Ş. will ensure the accessibility of its subscribers’ addresses and IDs and the users’ addresses only, although not permitted by them.
5. Personal data can not be disclosed to third parties at any time except otherwise requested legitimately by the Court/Prosecutor’s Office, legal exceptions, and explicit written permission of the subscriber to do so.
6. Legislative and executive bodies, authorities or the regulatory body which Vodafone Telekomünikasyon A.Ş. is dependent on (Telecommunication Authority) may from time to time request to access your personal data. In such cases, personal data of the subscribers will be disclosed to the relevant authorities only to the extent it is required and in accordance with the law.
7. The aim of Vodafone Telekomünikasyon A.Ş. is to keep personal data up to date. Therefore, subscribers will be requested periodically to refresh their personal data.
8. Vodafone Telekomünikasyon A.Ş. applies a very strict security policy on its information systems to prevent unauthorized access to personal data including its own personnel.
9. Vodafone Telekomünikasyon A.Ş., may co-operate with law enforcement and other relevant authorities with respect to fraud or any investigation or violation of network security and reserve the right to disclose any information (including personal data) derived from you as required by the law.
10. All Vodafone Group Companies which have authorized access to personal data, all Vodafone Group personnel and all third parties must definitely comply with the privacy policy.