MOBILE APPLICATION USER AGREEMENT ARTICLE 1 – PARTIES
This agreement and its annexes (ANNEX-1 Confidentiality Agreement) can be accessed from “MMK Global DOO” (hereinafter referred to as “Easy Go”) and Easy Go mobile applications located at “Dr.Ljubomira Rasovica 22 / Pogorica / Podgorica - Montenegro” within the conditions specified in this agreement. mutually agreed with the beneficiary User and entered into force.
ARTICLE 2 – DEFINITIONS
2.1. Application: The mobile application named Easy Go refers to the mobile application software running on all mobile devices and all virtual reality channels where the products and services created in connection with this software are offered. (Hereinafter referred to as the "Application".)
2.2. User: Refers to the people who benefit from the services offered by Easy Go from the application within the conditions specified in this contract. (hereinafter referred to as "User").
2.3. System Access Tools: Refers to the information that is only known to the User, such as the user's account management page, user name, password, code, password providing access to the Application. 2.4. Communication Channels: Refers to communication channels such as instant notification, e-mail, sms, mms, telephone notification.
2.5. Message: Easy Go provides Users with marketing, research, information, etc. means the messages that the Users allow to be sent to them by Easy Go.
2.6. User Account Management Page: It refers to the private web page where the user accesses the system only by using the system access tools and performs the works and transactions related to his/her membership. (Hereinafter referred to as the "Portal" for short.)
ARTICLE 3 – SUBJECT AND SCOPE 3.1.
The subject of this contract; It is the determination of all products and services that are available in the application for the user and will be offered by Easy Go in the future, the terms of benefiting from these products and services, and the rights and obligations of the parties.
3.2. By accepting the terms of this agreement, the user also accepts all kinds of statements made by Easy Go regarding the use, membership and services in the Application and Portal.
The user accepts, declares and undertakes to act in accordance with all matters specified in the aforementioned statements.
ARTICLE 4 – APPLICATION TERMS OF USE
4.1. For minors or legal person members, applications made through persons who are not authorized to represent and bind the legal person cannot benefit from the rights of the "User" even if they have completed the registration process. Requests and transactions to the contrary are not under the responsibility of Easy Go.
4.2. Easy Go may at any time unilaterally terminate this agreement and terminate the User's use of this Application, without giving any reason, without any notice and without any obligation to pay any compensation, and with immediate effect.
ARTICLE 5 – MUTUAL RIGHTS AND OBLIGATIONS
5.1. User Rights and Obligations: a) The user shall act in accordance with all the terms in this contract, the rules specified on the Easy Go website and all applicable legislation while performing the user procedures, benefiting
from the products or services in the Application and performing any action regarding the products
or services in the Application, acknowledges that he has read, understood and approved all terms and conditions. b) In cases where Easy Go is obliged to make a statement to the official authorities due to the legal legislation, the User will be authorized to disclose the information of the Users obtained within the Application to the official authorities, if this information is duly requested by the official authorities, and for this reason, regardless of its name accepts that no compensation can be claimed. c) The User declares that Easy Go will be authorized to disclose the commercial information of the User to the business partners with whom Easy Go has made an agreement for and/or for the performance of the products and services subject to this Agreement, and that he accepts this matter, therefore, under any name whatsoever, from Easy Go. accepts that no compensation can be claimed under any circumstances. d) The User is obliged to keep the System Access Tools (such as username, password, code) used to access the Application confidential.
The right to use the System Access Tools belongs exclusively to the User.
The user will not disclose this information to third parties. The User is fully responsible for the consequences of the use of the System Access Tools by a third party. Easy Go is not obliged to identify the persons who make such illegal uses. Without prejudice to the provisions mentioned above, the user accepts, declares and accepts that he is responsible for the use of this information by a third party and its consequences, and that the transactions made through the use of this information are binding on him.
commits. If the user learns that his password has been compromised by others, he is obliged to immediately inform Easy Go. e) The User accepts and undertakes that the information and content provided by him within the Application are correct and in accordance with the law.
Easy Go is not liable and responsible for investigating the accuracy of the information and content transmitted to Easy Go by the User or uploaded, changed and provided by the User through the Application, undertaking and guaranteeing that this information and content is safe, correct and lawful, and that such information and content is not included. It is not responsible for any damage that may occur due to its wrong or wrongdoing. f) The User accepts, declares and undertakes that all transactions made from his Portal are carried out exclusively and independently by him. The user undertakes that the communication channels given to Easy Go are solely his own and only under his control, and that he actively uses these communication channels.
Otherwise, the User will be liable to compensate for any material and
moral damages that Easy Go may suffer due to the fact that the communication channels do not belong to the member himself or that he does not actively use the Communication Channels. g) Those who benefit from the products and services offered by Easy Go can only transact within the Application for lawful purposes.
The legal and penal responsibility of the User in every transaction and action within the Application belongs to him. While using the application, users can use the Montenegroish Penal Code, Montenegroish Commercial Code, Code of Obligations, Law No. 5651 on Regulation of Publications Made on the Internet and Fighting Against Crimes Committed Through These Publications, Law on Intellectual and Artistic Works, Trademark, Patent, Utility Model, Industrial Design Rights. Decrees and legal regulations related to the application, any relevant legislation provisions currently in force and Easy Go's notifications to be published in relation to the Application. h) The user acknowledges that this application belongs to and is operated by Easy Go. The content of this application is protected in accordance with Intellectual and Industrial rights. The User shall not reproduce, copy, distribute, process the pictures, texts, audiovisual images, video clips, files, databases, catalogs and lists contained in the Application, which may infringe the same or personal rights, property of Easy Go and/or another third party. accepts and undertakes. ÿ) Easy Go is not responsible for the content published by third parties, including the User, in the Application and on the websites linked through the Application.
The accuracy and legality of the information, content, visual and audio images provided and published by any third party.
The commitment of compliance with the law is entirely the responsibility of those who carry out these actions. Easy Go does not undertake or guarantee the security, accuracy and legality of the services and content provided by third parties. j) User and Easy Go are independent parties. The ratification and implementation of this
Agreement by the Parties does not result in a partnership, agency or employee- employer relationship between them. k) The user accepts, declares and undertakes that the reference messages to be sent to third parties within the scope of this Agreement will not contain illegal and immoral elements. The user accepts,
declares and undertakes that he/she will not communicate with the e-mails he
sends, which can be considered as unsolicited e-mail communication by third
parties. The user, in violation of the provision of this article, bears the responsibility
of all communication, in case a lawsuit and demand is directed to Easy Go due to these communications for whatever reason; that this lawsuit and request may be notified to him by Easy Go, that Easy Go will immediately provide all kinds of information and content necessary for his defense to ensure that the legal periods required for the defense are not passed, that Easy Go will suffer any loss as a result of the aforementioned lawsuit and request. accepts, declares and undertakes that
the damage can be recourse by Easy Go, without prejudice to the compensation rights. Due to the user's violation of this article, Easy Go reserves the right to unilaterally terminate this Agreement, suspend or cancel the membership without
any notice. l) The user accepts, declares and undertakes that Easy Go communicates with him via electronic means of communication and provides information such as campaigns and promotions.
m) The User declares and undertakes that he has the capacity to be a User within the scope of this Agreement, after completing the relevant forms and confirming the article "I have read the User Agreement, I have negotiated and I accept the terms of the agreement". Otherwise, if Easy Go detects this issue, the User's contract will be terminated immediately.
5.2. Easy Go's Rights and Obligations:
a) Easy Go reserves the right to always unilaterally change the products, services and content offered in the Application, to close and delete the information and content uploaded by the User to the access of third parties, including the User. Easy Go can use this right without giving any notice and giving priority.
If the change and/or correction requests requested by Easy Go from the User are not fulfilled within the specified time
Otherwise, Easy Go will not be responsible for any damages that may arise and will have
the right to freeze or terminate the User's right to use the Application. b) Links to some websites or content that are not under the control of Easy Go may be given within the Application due to ease of reference or various reasons. These links do not support the aforementioned website or the content owner, nor do they constitute a representation or guarantee of any kind for the information contained
in the website or the content. Easy Go, although the content of third parties' websites is not limited to those listed here; it is legal, correct, reliable, appropriate and appropriate, the information, data, software, products or services used in its content are of a commercial nature, the operation and administration of the website will be error-free and uninterrupted, faults, defects and malfunctions will
be corrected, the website will be protected from harmful elements and It does not make any suggestions or recommendations about the fact that it is free from viruses and does not give any confidence, statement or guarantee to the user in these matters.
Easy Go has no responsibility for the portals, websites, files and content accessed through the links
on the application, the services or products offered from the portals or websites accessed through
these links, or their content. c) Easy Go may use the User information contained in the Application, outside the Services, in any way it wishes, for User security, performance of its own obligations and
for some statistical evaluations and internal audits or for advertising and/or promotion as demographic information, classifying and keeping them on a database. can. d) Easy Go reserves the right to change, reorganize, and stop the Application without the need for a prior notice, any kind of service, product, conditions of use of the Application and the information presented in the Application, available in this Application and its extension. Changes take effect at the time of publication on the App. Users are deemed to have accepted these changes by using the Application or logging into the Application. Changes are announced to Users through the channel determined by Easy Go. e) Easy Go does not give any guarantee that the services it provides under the Application will be constantly active and accessible. Easy Go, in particular, judgment and other competent official decisions and practices, force majeure, situations caused by third parties, disruptions and delays caused by Internet connection service providers and similar external factors, misuse, technical failures and other disruptions that may arise from Easy Go, repair works does not accept any responsibility for the inconveniences that occur as a result of or other directions. f) When Easy Go is necessary, the operational security of the network is in danger, the continuity of access to the network, preventing malfunctions that may occur in the network, software or recorded files, possible malfunctions.
may limit or stop access to the service in order to prevent or reduce the
impact of disruptions and in other circumstances it deems necessary.
ARTICLE 6 – SERVICES 6.1.
Easy Go will provide Users with the services of viewing
balance, reviewing account activities, reviewing products and
contacting Easy Go through the Application. Easy Go reserves the
right to make changes in the content of the services it offers at any time.
ARTICLE 7 – PRIVACY
Easy Go may use information about Users outside the scope of this Agreement, within the scope of the "Confidentiality Agreement", which
is an integral part of the User Agreement and included in the ANNEX-1 section of this Agreement. Easy Go may disclose or use the confidential information of Users to third parties outside the scope of this Agreement, but within the conditions specified in the "Confidentiality Agreement".
ARTICLE 8 – APPLICABLE LAW AND AUTHORIZED COURT
Montenegro Law will be applied in the implementation
and interpretation of this Agreement. Istanbul Central Courts and Enforcement Offices are authorized in the settlement of any dispute arising or may arise due to this Agreement.
ARTICLE 9 – INTELLECTUAL PROPERTY
RIGHTS The technical data of the Application (general view, design, text, image, logo, icon, demonstrative, written, electronic, graphic or machine-readable), Easy Go brand, applied business method and business model, software code and other codes) are owned by Easy Go and/or used by Easy Go under copyright from a third party. All these elements of Easy Go, which are protected within the scope of intellectual and industrial rights, cannot be changed, copied, reproduced, translated into another language, republished, resold, shared, distributed, exhibited, used outside the scope of the User Agreement or derived from them without prior permission and reference. studies cannot be made or prepared, otherwise, the responsible person(s) will be liable to cover the amount of compensation demanded from Easy Go due to the damage suffered by Easy Go and/or the losses incurred by third parties, including the licensors, including court costs and attorney fees. .
ARTICLE 10 – AGREEMENT CHANGES
Easy Go may, at its sole discretion and unilaterally, change this User Agreement or any of its provisions and its annexes, at any time it deems appropriate, by posting on the Application. The changed provisions of this User Agreement will become valid on the date they are announced or, if there is a previously stated validity date, on the effective date; The remaining provisions will remain in effect and continue to have consequences.
This User Agreement cannot be changed by the unilateral declarations of the members.
ARTICLE 11 – FORCE MAJEURE
11.1. The term force majeure means natural disasters, riots, wars, strikes, attacks on the Application, Portal and the system even though Easy Go has taken the necessary information security measures, including, but
not limited to, any development beyond Easy Go's reasonable control and due diligence of Easy Go. However, it will be interpreted as unavoidable events that it cannot prevent. 11.2. In all cases deemed force majeure,
the Parties are not liable for late or incomplete performance or non-performance of any of their acquisitions determined by this Agreement.
ARTICLE 12 – VALIDITY OF RECORDS
The user shall declare that the electronic and system records, commercial records, ledger records, microfilm, microfiche and computer records kept by Easy Go in its own database and servers shall constitute reliable, binding,
conclusive and exclusive evidence in case of disputes arising from this Agreement. accepts, declares and undertakes that the article is in the
nature of an evidential contract within the meaning of Article 193 of the HMK.
ARTICLE 13 – TERMINATION OF THE AGREEMENT
This User Agreement will remain in effect as long as the User is a member of the Application and will continue to have provisions and consequences between the parties.
ARTICLE 14 – NOTIFICATION ADDRESSES
14.1. The e-mail address provided by the users to Easy Go is considered to be the e-mail address where the legal address will be requested for any notification regarding this contract. 14.2. Unless the parties notify the other party in writing
of the changes in their current e-mails within 3 (three) days, they accept that the requests made to the old e-mails will be valid and will be deemed to have been made to them.
ARTICLE 15 – EFFECTIVENESS
15.1. The user, all of the articles in this contract
declares, accepts and undertakes that he/she has read, understood, accepted and approved the accuracy of the information given about him/her. 15.2. This
Agreement, the User's membership request, electronically
It has been mutually accepted and entered into force upon approval, and will be
implemented together with its annexes. In case of conflict between the Annexes
and the provisions of this Agreement, the provisions of this Agreement shall prevail.
15.3. This Agreement consists of 15 (fifteen) articles and 1 (one) Supplementary Agreement, and was established with the free will of the parties as a result of the User's approval of the User Agreement on the site. Additional agreements are an integral part of this Agreement.
APPENDIX - CONFIDENTIALITY AGREEMENT
1. Easy Go cares about personal information and data security and takes care to take all necessary precautions in this regard. Users also accept, declare and undertake that they will act in accordance with the provisions of this confidentiality agreement by using the Application. 2. This Confidentiality Agreement is valid in all parts of the Application.
3. Protecting users' information and maintaining confidentiality is Easy Go's
top priority. For this reason, the information provided by the Users will not be used in any scope other than the rules and purposes specified in the contract, and will not be shared with third parties.
Communication, marketing, communication via letter, e-mail, SMS, phone call and other means of Easy Go through the address, e-mail address, fixed and mobile phone lines and other contact information specified by the User in the registration form on the site or updated by him afterwards,will be.
has the right to reach the User for notification and other purposes.
By accepting this agreement, the user accepts and declares that Easy Go
may engage in the above-mentioned communication activities unless there is a written notification to the contrary.
4. Easy Go can access the information shared by the User within the scope
of the Application. Easy Go undertakes to share this information only with its affiliates for the use of the Application.
The user also agrees that this information will be used to contact him for the purpose of the Application. Easy Go will never share, sell or allow the use of personal data and information transmitted to it with third parties, except for the purposes explained above regarding the collection of information.
5. In order to identify system-related problems in the Application and
to urgently resolve possible problems that may arise in the Application,
Easy Go may save the IP address of the Users, the information registered in the social network user account, and use these records for these purposes, when necessary. These IP addresses can be used by Easy Go to generally identify its users and visitors and to collect comprehensive demographic data.
6. The information obtained within the scope of the application can be used by Easy Go and other collaborating persons and institutions without revealing the identity of the User in any way, only in cases such as various statistical evaluations, authorized marketing, database creation efforts and market research.
7. Easy Go may provide links to other sites within the Application,
broadcast the advertisements of the contracted 3rd parties, and direct the Users to the sites of advertisers or contracted third parties through advertisements. Easy Go does not bear any responsibility for the privacy practices and policies of other Applications accessed through this link, or the content they contain.
8. In the cases listed below, Easy Go will be able to disclose the information of the users to third parties by going beyond the provisions of this privacy statement. These situations are; The cases where it is necessary to comply with the obligations imposed by the rules of law, The requirements of the contracts between Easy Go and its Users In cases where information is requested about the Users in line with an investigation or investigation carried out by the authorized administrative and/or judicial authorities in accordance with the procedural method, In cases where information is required to protect the rights or security of the Users.
9. Easy Go acknowledges that it is an obligation to keep the
confidential information given to it strictly private and confidential, to keep it a secret, and to ensure and maintain confidentiality, to prevent all or any part of the confidential information from entering the public domain or unauthorized use or disclosure to a third party. undertakes to take all measures and to show all the care that falls on it.
10. Can be edited by Easy Go in Applications
The information that may be requested from Users who respond to periodic
or non-periodic surveys may also be used by Easy Go and its collaborating
persons or institutions for direct marketing to these users, statistical
analysis and creating a special database. 11. Easy Go may change the provisions of this privacy statement when it deems necessary, provided
that it is published in the Application. The privacy statement provisions that Easy Go makes changes are considered to have entered into force on the date of publication in the Application.
12. This Confidentiality Agreement consists of 12 (twelve) articles and is an integral part of the Mobile Application User Agreement.