|These Terms of Service govern your rights and obligations, as users of the portals administered and managed by AJHost. Currently, there are three (3) portals managed by AJHost, namely, AJHost.com, . and .. Unless otherwise provided by AJHost, all new portals introduced and managed by AJHost shall be governed by these Terms of Service.
By registering an account with AJHost and accessing any of the Portals, you acknowledge and accept that your usage of the Portals (or any of them) shall be governed by these Terms of Service and any other specific rules, procedures, terms and conditions for the products, services or facilities offered as determined or as may be amended by AJHost at any time or from time to time at its absolute discretion.
In these Terms of Service, the following words and expression shall have the following meanings unless the context otherwise requires:
2. Licence to Use
In consideration of you agreeing to these Terms of Service and your continuing observance and compliance of these Terms of Service, AJHost hereby grants you a non-exclusive, non-transferable licence to access the Portals and use the Services upon the terms and subject to the conditions stated herein.
3. Representations and Warranties
Each time when you access the Portals (or any of them), you irrevocably and unconditionally represents and warrants that:
4. Use of Services
· You shall procure, at your own costs and expenses, the requisite equipment and software to connect and access the Portals and the ensuing use of the Services. You shall bear all charges and fees imposed by third parties in relation to and in connection with you connecting your equipment to the Portals (or any of them)
· It is your primary responsibility to ensure that you are acquainted with the guidelines and procedures for the use of the Services that AJHost may issue from time to time. AJHost shall not be liable for any errors, losses or damages caused by your use of the Services.
· It is your responsibility to secure the information of your Account. Any notification or confirmation received by AJHost from your Account shall be deemed to have been issued by you notwithstanding that such notification or confirmation may have been issued by a third party, whether authorized or otherwise, and you shall be bound by such notification or confirmation.
· AJHost shall not be liable for acting on the notification or confirmation sent through your Account. AJHost shall not be obliged to investigate the authenticity or authority of persons effecting the notification or confirmation or verify the completeness of such notification or confirmation. Such notification or confirmation shall be deemed irrevocable and binding on you upon receipt by AJHost notwithstanding any error, fraud, forgery and lack of clarity or misunderstanding in respect of the terms of such notification or confirmation. You shall immediately notify AJHost upon receipt of incomplete, garbled or inaccurate data or information from AJHost. You shall also immediately notify AJHost upon receipt of any data or information which is not intended for you and you shall delete such data or information from your Account.
· You acknowledge and agree that AJHost may at its absolute discretion refuse or permit you to use the Services without giving any reason or notice thereof.
· Unless otherwise permitted by AJHost in writing, you shall not upload, post, email transmit or otherwise make available any unauthorized or illegal activities on the Portals or directly to other users of the Portals.
· You shall not upload, post, email, transmit or in any other manner whatsoever make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment, including, without limitation, the Portals.
· You irrevocably and unconditionally allow and permit AJHost to send to your Account updates on services and events offered or provided by AJHost.
5. Virtual Items
· You may pay for the Services in such currency that is available on the Portals in accordance with the prevailing exchange rate determined by AJHost at its absolute discretion.
· You shall be solely liable to make payments and applicable taxes, if any, in relation to and in connection with the usage of the Services (or any of them) through the Account.
· AJHost shall have the absolute discretion to cancel any payment request made by you without assigning any reasons whatsoever.
· AJHost shall be entitled to vary or modify or remove the modes of payment available on the Portals (or any of them) at any time without prior notice to you.
7. Sale of Items
· You may list and sell your Items on the Portals in accordance with the procedures set out herein. Prior to you listing your Items on the Portals, you must submit to AJHost, your telephone number and email address.
· AJHost may at it absolute discretion:
a. remove or suspend, without any notice to you, any of the Items listed by you if AJHost is of the opinion that you have breached the terms of these Terms of Service viz-a-viz such Items;
b. categorise you into the relevant group of sellers based on AJHost’ criteria; and
c. determine the range of prices for each Item listed on the Portals.
· By listing the Items on the Portals, you have acknowledged and confirmed that:
a. you are the legal and beneficial owner of the Items; and that you have permission to the usages of any pictures that you have uploaded.
b. you have the right to list and sell the Items;
c. you are able and ready to transfer title and interest in the Items to the Buyer as and when the Buyer makes payment to AJHost;
d. you warrant and represent to all persons viewing the Items on the Portals that the Items are accurately described, good quality and fit for their respective purpose; and
e. you are licensed to use the intellectual property contained or comprised in the Items and/or pictures and you have not infringed any third-party intellectual property rights.
· You acknowledge and agree that AJHost is merely acting as a provider of the Portals which enables you to use the Services. AJHost shall not in any manner whatsoever be construed, at law or otherwise, to owe a fiduciary duty to you in respect of the obligations on the part of the Buyer to pay the price of the Purchased Item and the amount of such payment.
· You shall resolve directly with the Buyer, any claims or complaints made by the Buyer in respect of the price, quality and condition of the Purchased Items. You shall be liable for all claims in relation to and in connection with the Purchased Items, including, without limitation, defective quality and misdescription of Purchased Items.
· You shall deliver the Purchased Item to the Buyer upon our notification to you that the Buyer had paid to us, the purchase price of the Purchased Item. Such delivery of Purchased Item shall be in accordance with AJHost’ delivery procedures. In amplification, all communication tools provided by AJHost are strictly for performing the delivery of the Purchased Item to the Buyer. You are not permitted to use such communication tools for any other purposes.
· You shall indemnify and keep AJHost indemnified in respect of loss or damage or against any claims, proceedings, costs, demands, liabilities and expenses whatsoever sustained or incurred by AJHost as a result of a breach of warranties or representations or any terms and conditions of these Terms of Service by you or your failure to perform any of your obligations under these Terms of Service.
· You hereby irrevocably and unconditionally authorise AJHost to forward your contact information to the relevant Buyer upon the Buyer’s payment of the Purchased Item with us.
· Upon AJHost’ satisfactory receipt of the requisite documents and confirmation from you as evidence that you had delivered the Purchased Items to the Buyer in accordance with AJHost’ delivery procedures, AJHost will credit the purchase price of such delivered Purchased Items into the Account in the form of Store Credit, after deducting the handling costs and fees due and payable by you to AJHost for such delivered Purchased Items Provided Always that AJHost has not received any notice of dispute from the Buyer. In this respect, you hereby irrevocably and unconditionally agree and authorise AJHost to make such deductions of handling costs and fees from the purchase price of such delivered Purchased Items. For the avoidance of doubt, any payments made by AJHost to the Account shall be in accordance with the timeframe and cut-off time determined by AJHost, subject to such variation or modification as AJHost shall in it absolute discretion determine from time to time.
· If you fail to resolve a dispute with the Buyer pursuant to Clause 7.5, and such dispute is referred to AJHost for resolution (“Referred Dispute”), you hereby irrevocably and unconditionally authorize AJHost to make a final decision at its absolute discretion.
· If AJHost resolves the Referred Dispute:
a. in favour of the Buyer, then, you hereby unconditionally and irrevocably authorize AJHost to refund to the Buyer all payments made by the Buyer in respect of the Purchased Items forming the subject-matter of the Referred Dispute. You shall bear all costs and fees incurred by AJHost in making such refund to the Buyer; or
b. in your favour, AJHost shall then release to you, the purchase price of the Purchased Items forming the subject-matter of the Referred Dispute after deducting all costs and expenses incurred by AJHost in resolving the Referred Dispute.
· In the event that you wish to withdraw the purchase price of the Purchased Items from the Account, you are then required to submit to AJHost, a copy of your identity card or passport.
8. Availability of Services
· The Services are usually available on a daily basis unless otherwise specified herein.
· There may be certain times that the Services may not be available due to maintenance or malfunction of the Portals or such other reasons beyond the control of AJHost. AJHost makes no warranty that the Services will be available at the times stated herein.
· Unless otherwise provided in these Terms of Service, AJHost shall be entitled at its absolute discretion, without notice to you, to change the procedures, the mode of operation of the Services at any time and from time to time for any reason whatsoever.
· Notwithstanding any provisions to the contrary in these Terms of Service, AJHost shall be entitled to:
a. immediately terminate, discontinue, withdraw or suspend your use of the Services without notice; or
b. impose conditions or restrictions on your use of the Service without notice.
· In addition to and not in derogation of Clause 8.4, if you do not utilise the Services for a continuous period of three (3) months, AJHost may, at its absolute discretion, charge a fee for the maintenance of your Account.
9. Store Credit
· You must maintain sufficient Store Credit in the Account before you use the Services.
· Store Credit can be topped-up in the Account through the payment methods listed on the Portals.
· Store Credit can be used to purchase any of the Services or Items.
· If there is insufficient Store Credit when you purchase any of the Services, AJHost shall have the absolute discretion to either:
a. reject or suspend the transaction; or
b. require you to pay the shortfall through any of the other methods of payment available on the Portals.
· AJHost shall, as and when it deems fit, amend, modify, remove or add any Store Credit or Store Credit account without prior notice to you.
· The Store Credit in the Account shall automatically expire on the last day of the second (2nd) year from the day when the Store Credit was first credited into the Account or such other timeframe as AJHost may determine, without prior notice given by AJHost.
10. Gift Card
· Each Gift Card must be redeemed in a single transaction by purchasing any Services on any of the Portals. If the transaction value is more than the Gift Card value, such Gift Card value in excess of the transaction value will be credited into the Account as Store Credit. If the transaction value is more than the Gift Card value, you are required to settle the shortfall with the Store Credit available in the Account or such methods of payment available on the Portals.
· Each Gift Card is not transferable and cannot be exchanged with cash.
· AJHost shall not be liable for any Gift Card that is stolen, misplaced or misused without authorisation. For the avoidance of doubt, AJHost shall not be obliged to enquire or verify at the redemption of the Gift Card, if such Gift Card has been properly obtained.
· Notwithstanding Clause 10.3, if AJHost has any doubts as to the authenticity of a Gift Card, AJHost shall have the absolute discretion to withhold, suspend or cancel such Gift Card without any prior reference to you.
· Each Gift Card shall be subject to such further rules and regulations as AJHost may introduce at any time or from time to time.
· Each Gift Card shall automatically expire on the last day of the second (2nd) year from the day when that Gift Card was first purchased or such other timeframe as AJHost may determine, without prior notice given by AJHost.
11. WOR Token
· You will be rewarded with WOR Tokens for each purchase of goods or services on the Portals (excluding the Items).
· You may redeem the WOR Tokens for goods or services on the Portals. The WOR Tokens required to redeem such good or service shall be as stated in the Portals.
· The redemption of the WOR Tokens shall be subject to such further rules and regulations as AJHost may introduce at any time or from time to time.
· Each WOR Token shall automatically expire on the last day of the second (2nd) year from the day when that WOR Token was first rewarded to you or such other timeframe as AJHost may determine, without prior notice given by AJHost.
12. Limitation on Liability
You agree and confirm that you shall not hold AJHost, its employees, agents or licensees, liable for any special, incidental or consequential damages arising out of and in relation to the Services or these Terms of Service.
13. Intellectual Property Rights
All copyrights, trade marks, service marks belong to the corresponding owners/publishers and AJHost is not related or associated to any of the said owners/publishers in any respect. All services offered on the Portals are offered by AJHost, not the owners/publishers.
14. Reliability of Portals
· You are aware that all transactions conducted on the Portals are through telecommunication and data network.
· You are fully aware that your receipt of the notification from AJHost and vice versa may be delayed or prevented by factors affecting the relevant service providers and other relevant parties. You accept that AJHost cannot guarantee the prompt delivery of such notification or confirmation.
· You acknowledge and confirm that you shall take all steps and measures to check and verify the transaction history of your Account.
· You shall immediately notify AJHost if you are aware or believe your Account has been hacked or compromised.
· You shall be liable for all transactions conducted through your Account at any time prior to the receipt by AJHost of your notification as stated in Clause 14.1.
16. Disclosure of Information
· AJHost shall be entitled and you irrevocably and unconditionally consents and authorises AJHost to the extent permitted by law, to disclose or release any information pertaining to you or your transactions through the Portals to such extent that AJHost may at its absolute discretion deem fit to:
a. such persons as AJHost may be required to disclose under the applicable law;
b. such other persons or entity pursuant to any governmental directive or order of the court; or
c. any other party whomsoever as AJHost deems fit.
· Save as otherwise permitted in Clause 15.1, AJHost will not disclose your personal information to any other party without prior notification to you.
17. Applicable Laws and Regulations
· Your use of the Services shall be governed by the jurisdiction where the contracting entity of AJHost is domiciled.
· Where required, you shall obtain the approval or consent or permission of the relevant regulatory authorities prior to using the Services.
· For cross-border transactions, you shall not violate the laws existing in the countries involved in the transaction.
· You shall fully indemnify, defend and hold AJHost and its related corporations harmless from and against any and all suits, actions, judgements, damages, costs, losses, expenses (including legal fees on a solicitors and client basis) and other liabilities arising from a breach or contravention or non-compliance with any provision of this Clause 16.
18. Suspension, Termination, Cancellation of Services
· The Services (or any part thereof) may be cancelled by AJHost at any time without prior notice to you. After cancellation, the Services (or any part thereof) may be reinstated in such manner and on such Terms of Service as AJHost may at its absolute discretion determine.
· AJHost reserves the right at all times to suspend or block access to and use of the Services (or any part thereof) for any reason whatsoever and for any length of time and upon any conditions that AJHost may at its absolute discretion determine.
· Upon cancellation or termination of the Services (or any part thereof):
a. all rights granted to you hereunder shall immediately terminate and shall revert to AJHost;
b. you shall immediately pay to AJHost all outstanding fees and charges due and owing to AJHost;
c. AJHost may at its absolute discretion, decide not to act on any request received by AJHost after the effective date of termination;
d. AJHost may at its absolute discretion, decide not to act on any confirmation or request received by AJHost between the date of notice is given to you and the effective date of termination (if there is a lapse of time between the two dates); and
e. you hereby irrevocably and unconditionally authorises AJHost to deduct all money due and owing by you to AJHost (if any) from the moneys that are payable by AJHost to you in respect of the delivered Purchased Items.
· All notices and documents required to be given by you under these Terms of Service to AJHost shall be sent to AJHost by registered post to the AJHost’ address listed on the Portals. Any notice or document sent by you to AJHost shall be deemed served when such notice or document is received by AJHost.
· All notices and documents required to be given by AJHost under these Terms of Service to you shall be sent to you by any one of the following methods:
a. electronic mail to your last known electronic mail address according to AJHost’ records;
b. posting the notice or communication on the Portals;
c. notices placed with or in any of AJHost’ written communications to you;
d. notices placed through any media; or
e. any manner of notification as AJHost may at its absolute discretion determine.
· Any notice or document or communication given by AJHost to you shall be deemed to be served and received by you on the day following the sending of such notice or document.
20. Waiver And Severance
· Any failure by AJHost to enforce at any time or for any period any one or more of these Terms of Service shall not be a waiver of them or of the right at any time subsequently to enforce these Terms of Service.
· In the event that any provisions of these Terms of Service is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable AJHost shall amend that provision in such reasonable manner as would achieve the intention of AJHost or at the discretion of AJHost it may be severed from these Terms of Service and the remaining provisions remain in full force and effect.
· These Terms of Service may be modified, added to, deleted or varied by AJHost by way of posting on the Portals or in any such other manner as AJHost may in its absolute discretion determine.
· You agree that continued use of the Services shall constitute your acceptance of these Terms of Service (as modified and varied from time to time).
You may not assign its rights under these Terms of Service without the prior written consent of AJHost.
23. Binding Effect
These Terms of Service shall be binding on your heirs, personal and legal representatives, estate, successors-in-title and permitted assigns (where applicable) you.
|AJHost respects your privacy and works hard to safeguard the privacy of your personal data. We realize that the exciting growth of the Internet and online services raise questions concerning the nature, use and confidentiality of information collected about consumers. We want you to know that we apply our long-standing commitment of safeguarding privacy to our online and Internet activities.
In addition to the general privacy concerns, please note that we collect, store and handle personal information of individuals in accordance with the Personal Data Protection Act 2010 (“PDPA”) and the laws of Turkey
By providing your Personal Information to us, you are consenting to this Privacy Statement and the collection, use, access, transfer, storage and processing of your personal information as described in this Privacy Statement.
Information We Collect From You
We value your trust in providing us your personal information. AJHost does not share, disclose or sell any personally-identifiable information (such as your name, address, telephone number or e-mail address) collected online on AJHost’ sites with other unaffiliated companies or organizations for non-AJHost marketing purposes. Because this information is a critical part of our business, it would be treated like our other assets in the context of a merger, sale or other corporate reorganization or legal proceeding.
We Are Responsible For Children’s Privacy
Protecting the privacy of young children is especially important. AJHost also does not market to, or knowingly collect personal information from, children under age of 13 on any sites of the company. If we become aware that we have collected personal information from a child under age 13 without verification of parental consent, we take steps to remove that information.
When Can We Collect Your Personal Information?
We may collect personal information directly from you when you:-
Other than personal information obtained from you directly (as detailed above), we may also obtain your personal information from third parties we deal with or are connected with you (credit reference agencies or financial institutions), and from such other sources where you have given your consent for the disclosure of information relating to you, and/or where otherwise lawfully permitted.
How Can We Collect Your Personal Information?
AJHost collects information online by asking you for it, for example, when you order a service, apply for a job, or respond to a survey, offer or other promotion. A customer’s name, address (postal and e-mail) and telephone number are the most important pieces of information, but we might request other information, based on, for example, the service(s) being ordered or promoted.
Cookies: AJHost may also use “cookies” and similar technology to obtain information about your visits to our sites or your responses to e-mail from us – both individually and in aggregated data that does not identify you. These reporting tools tell us the parts of our web sites or e-mails in which you showed an interest or took some action, and help us improve the quality and usefulness of our sites.
Content: You also provide us information in content you post to the website. Your content (such as reviews, photos and videos) and metadata about your content will be viewed by other users. AJHost can, but has no obligation, to monitor your content you post on the website. We can remove any information you post for any reason or no reason.
Payment Method: You will also be asked to submit Personal Information depending on the payment method you choose when accessing, purchasing or subscribing to one of our products or services. For example, if you choose to pay for a product/service by credit card, you will be required to provide us the name of your credit card issuer, credit card number, billing address, CVV number, and expiration date.
Log Files: When you use the website, our servers automatically record certain information sent by your web browser. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the website, domain names, landing pages, pages viewed, mobile carrier, and other such information.
Geo-Location Information: When you use the website by or through a mobile device, we may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device.
How Can We Use Your Information
AJHost uses the personally-identifiable information collected online principally to provide you with the service(s) you have ordered and to let you know about other offerings which may be of interest to you. Postal and e-mail address information, for example, enables communication about services offered and ordered, as well as the proper provisioning and billing of those services. At any point of time, should you feel the need to opt-out future communications with AJHost, options are given within to exclude those communicated messages to you.
We also provide personally-identifiable online information in response to subpoenas and other legal demands, and where we believe that disclosing this information is necessary to identify, contact or bring legal action against individuals who may be endangering public safety or interfering with AJHost’ services, or with our customers’ or others’ use of them.
What We Request From You
We request you to provide us accurate and complete information about yourself and any other person whose personal information you provide us and for updating when it becomes incorrect or out of date by contacting us.This obligation is a condition to the provision of our Products and/or Services to you and/or any other person authorized or permitted by you or your organization/company to use the Products and/or Services.
We Promise Privacy & Security
Both of us together play an important role in protecting against online fraud. You should be careful that any information including your User ID, Password, Security Device and/or Security Code are not compromised by ensuring that you do not knowingly or accidentally share, provide or facilitate unauthorized use of it. Do not share your User ID, Password, Security Device and/or Security Code or allow access or use of it/them by others.
At AJHost, we use encryption, firewalls and other technology and security procedures to help protect the accuracy and security of your personal information and prevent unauthorized access or improper use. For example, you will note that while using some features of the AJHost’s web site you will need to submit a password or some other type of authenticating information.
Disclosure of Your Information (If Needed)
When you have provided Personal Information to us for a particular purpose, we may disclose your information to other companies that we have engaged to assist us in fulfilling your request. This may include, but is not limited to, fulfillment houses, billing services, transaction managers, credit verification services, and other third-party service providers. We may also disclose any of your Personal Information to law enforcement or other appropriate third parties in connection with criminal investigations, investigation of fraud, infringement of intellectual property rights, or other suspected illegal activities, or as otherwise may be required by applicable law, or, as we deem necessary in our sole discretion, in order to protect the legitimate legal interests of AJHost.
Notices to the Changes in Privacy Policies
Last Updated: 14 February 2017