Terms of Use
Effective date: 20 Jan, 2025
1. Preamble
These Terms of Use (the “Terms”) set forth legally binding terms and conditions that govern your access to and use of the https://remedifinance.com (the "Website" or the “Platform”). The Website is owned, operated, and distributed by Remedi Teknoloji Anonim Şirketi, a corporation incorporated and validly operating in the Republic of Türkiye and having the registered address of Mustafa Kemal Mah. Dumlupınar Bul. No:266a İçkapı No:18 Çankaya/Ankara (hereinafter referred to as “Remedi”, the Company", “we”, and through similar words such as “us”, “our”, etc.). Through the Website, Remedi provides an informative platform that introduces the Remedi to the users (each, a “User”, “you” or “your”).
These Terms are entered into by and between you and Remedi, and together with the Privacy Policy and any other documents expressly incorporated by reference, in order to govern your access to and use of the Website, as a User.
By accessing or using the Website, you acknowledge that you have read, understood, and agreed to be bound and abide by the provisions set forth in these Terms. In case of not accepting these Terms (or any part thereof) or the Privacy Policy, you shall cease your access and/or use of the Website immediately.
Remedi is fully committed to protecting our Users’ and others’ privacy and security and addressing their concerns. You may read our Privacy Policy to learn about how we are handling your personal data, in greater detail.
2. Changes to the Terms
We reserve the right to withdraw or amend the Website, and any material or content we provide on the Website, at our sole discretion and without any notice.
We reserve the right to update and modify these Terms by providing Users with notice of updates and modifications. In this regard, we will notify you by pop-ups on the Website or any other communication channels at least 15 (fifteen) days before the date on which the updates, modifications, or amendments on the Terms will enter into force. If you do not agree with the change(s) of these Terms, you may terminate these Terms immediately by discontinuing your access or use of the Website. If you continue to access or use the Website after the update, we will consider you as accepted the amended Terms.
These Terms shall also apply, including without limitation to any new functions, features, or tools added to the Website.
It is in your best interest to regularly check the Terms for any updates, modifications, or amendments that might affect you. The most current version of these Terms may be viewed at any time on the Website. It is in your best interest to periodically review the Terms for any updates, changes or additions that may affect you. We will not be liable if all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Website according to these Terms.
3. Definitions
Within the context of herein Terms, the following terms shall bear the meanings ascribed to them below:
4. Coverage and Usage of the Website
Remedi leverages technology and partnerships with financial institutions to deliver financial services such as payments, lending, insurance, savings, and investment solutions. Remedi collaborates with various financial institutions and healthcare providers to facilitate financial transactions, credit services, and insurance solutions for its users. The Platform's primary focus lies in providing access to the PayLater service, a specialized credit product designed to help Users spread the cost of medical treatments and services over equal, interest-free installments. With PayLater, users can manage their healthcare expenses effectively, making it more convenient to cover medical costs over manageable repayment terms.
The Website acts as an interface for users to access a range of financial services, including credit, payments, and investment opportunities, with a specific focus on healthcare-related expenses.
4.1 Registering for an Account
Account Creation
Your access to and use of the Website is not contingent on signing up for an account, however by creating an account, you will be able to benefit from PayLater.
In order to sign up for an account you will be requested to provide your name, surname, email address and a password (collectively, the “Registration Information”). Users may also sign into the Website through their social media accounts (e.g., Google, Facebook). Following the registration stage, you will be required to verify your email address.
If you sign into the Website through existing accounts on certain social media platforms, you authorize the Company to pre-register your account information and other related fields of your account with these third-party networks. If you link your account to a third-party network, you agree to comply with the terms and conditions of such third-party network. The Company cannot be held responsible for terms and privacy practices of third-party networks.
The Company may, from time to time, modify or add new items to the Registration Information required to create an account (whilst updating the Privacy Policy accordingly) or change the suitable social media platforms, and you agree to promptly complete any such additional or modified information fields when and as requested by the Company. The registration to and using the Website itself are free of charge.
Eligibility
We do not permit individuals under 18 years of age to become a User. Unless you are at least 18 years of age, you should not create an account or access the Website and Services in any means. The Services are directed to UK residents.
BY ACCESSING THE WEBSITE AND USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS AND TO ABIDE BY THE PROVISIONS OF THESE TERMS.
Children under the age of majority (under 18) may not use the Website, the Services, or register for an account. Your account may be deleted without notice if we believe that you are a Minor, you are under 18 years of age and you represent yourself as 18 or older, or you are over 18 and represent yourself as under 18.
Account Responsibilities
You agree to create only 1 (one) unique account and be the sole authorized user of your account, keep your account accurate, complete, and with up-to-date information. Your failure to keep your account data accurate, complete, and up to date may lead to your inability to access and your use of the Services or the Website or your account’s termination by us. Therefore, you must either make necessary changes to the account through your Account Dashboard or inform us immediately of any changes to your information by emailing us.
If you provide any information that is untrue or inaccurate, not current, or incomplete, or if the Company suspects that your information is untrue or inaccurate, not current, or incomplete, the Company may, in its sole discretion, suspend or terminate your account and refuse your current or future access to any Service.
The PayLater service integrated into our Platform involves the processing of financial information and card details. Your understanding and agreement to provide precise and reliable financial information during the account creation process are of importance to facilitate secure transactions through PayLater. The integrated payment system relies on precise financial data for the timely and secure processing of transactions, ensuring a smooth and efficient user experience. Any inaccuracies, discrepancies, or provision of outdated financial information may significantly impede the functionality of the PayLater service and may result in a disruption of financial transactions.
In compliance with legal obligations and industry standards, the Company places significant emphasis on the accurate and secure provision of financial information by our Users. Misleading, incomplete, or outdated financial information may lead to the suspension or termination of the PayLater service, as well as the user's access to other financial services offered by the Platform.
THE COMPANY RESERVES THE RIGHT TO TAKE APPROPRIATE ACTIONS, INCLUDING LEGAL MEASURES, IN RESPONSE TO ANY INSTANCES OF PROVIDING FALSE OR INACCURATE FINANCIAL INFORMATION, AS SUCH ACTIONS MAY VIOLATE THE TERMS AND CONDITIONS AGREED UPON DURING THE ACCOUNT CREATION PROCESS.
By registering for an account and becoming a Member of the Website, you agree to be liable for all activities that take place under your account and agree to always keep the safety and privacy of the login credentials. If you become conscious of or reasonably suspect any violation of safety, including without limitation any loss, theft, or unlawful disclosure or use of your account, you must promptly notify us. If we suspect that there is likely to be a breach of security or misuse of the Website or Services, or violation of any obligation under these Terms, we may suspend or terminate your account and your use of the Website and Services. Such termination or suspension may be immediate and without notice. In such event, all information held in your account will be deleted without notice, and you accept full responsibility and you hereby release and hold harmless Company from any and all liability in this regard including the responsibility to pay upfront the credit pertaining to PayLater.
You also agree to ensure that you log out from your account at the end of each session. You should be cautious when accessing your account from a public or shared computer so that others are not able to view or record your email, password or other personal information. We have the right to disable any password, or other identifiers, whether chosen by you or provided by us, at any time, including if, in our opinion, you have violated any provision of these Terms.
The Company cannot and will not be held responsible for any loss or harm caused by your inability to maintain safety of your account. Thus, the Company is not responsible for any loss or damage as a result of someone else using your account, the Registration Information, with or without your knowledge.
IF YOU VIOLATE ANY PROVISION OF THESE TERMS, YOU HEREBY ACKNOWLEDGE AND ACCEPT THAT THE COMPANY MAY TERMINATE OR SUSPEND YOUR ACCOUNT AT ITS SOLE DISCRETION. IN SUCH CASE, YOU HEREBY DISCLAIM AND HOLD THE COMPANY HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY RESULTING FROM SUCH TERMINATION OR SUSPENSION AND ACCEPT NOT TO HOLD THE COMPANY RESPONSIBLE FOR ANY CLAIMS FOR COMPENSATION, DAMAGE, OR REIMBURSEMENT IN THIS REGARD.
4.2 Limitations on Use of the Website
You are solely responsible for all your interactions with the Website or Remedi on or through the Website.
While using the Website, you may not:
- defame, abuse, harass, stalk, threaten, or otherwise violate legal rights (e.g., rights of privacy and publicity) of Remedi, or use information learned from the Website or Website Content to defame, abuse, harass, stalk, threaten, intimidate, or mislead, or otherwise violate legal rights of Remedi or any other person;
- breach any international, federal, or local legislation, regulation, rule, or ordinance;
- contact Remedi to share an information that is defamatory, profane, infringing, obscene, unlawful, offensive, and/or harmful, or that advocates, endorses, condones, or promotes racism, bigotry, hatred, or physical harm of any kind against any individual or group of individuals;
- use the Website for any purpose in violation of applicable local, state, federal, or international law;
- spam, phish, pharm, pretext, bot, crawl, or scrape for any scandalous, obscene or immoral purpose;
- interfere with or circumvent the safety measures of the Website;
- attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Website;
- restrict or inhibit any other User from accessing and using the Website;
- use a robot, spider, manual, and/or automatic process, or device to data-mine, data-crawl, scrape, or index the Website in any manner;
- hack or interfere with the Website, its servers, or any connected networks;
- adapt, alter, license, sublicense, or translate the Website or the Website Content for your own personal or commercial use;
- modify or otherwise make derivative works of the Website Content, or reproduce, distribute, or display the Website Content except as expressly permitted under these Terms;
- remove or modify, visually or otherwise, any copyright, trademarks, or other proprietary marks and rights owned by Remedi;
- engage in any activities that may compromise the security, integrity, or proper functioning of the PayLater service
- attempt to access or use unauthorized financial information or payment card details belonging to other users or entities.
- initiate or facilitate fraudulent transactions, unauthorized payments, or any other illicit financial activities.
- modify or tamper with the PayLater service's software, code, or security features in any manner that may jeopardize the confidentiality or privacy of user data or compromise the Service's integrity.
- engage in any form of unauthorized data mining, data extraction, or data harvesting from the Website or the PayLater service.
- use the Website in a manner which is false or misleading (directly or by omission) or for the purpose of accessing or otherwise obtaining Remedi’s trade secrets for public disclosure or other purposes;
- use, transfer, distribute, or dispose of the Website or the Website Content in any manner that could compete with the business of Remedi; or
- cause or induce any third party to engage in the restricted activities listed above.
Any use of the Website Content by violating the principles listed above without the prior written permission of Remedi is strictly prohibited and will terminate these Terms, and your access to the Website automatically. Any such unauthorized use may also violate applicable laws and Remedi will take appropriate investigative and legal actions for such illegal or unauthorized use.
5. PayLater Services
The PayLater service offered by Remedi is intended to provide Users with a convenient and secure method for managing their financial transactions and obligations. Users must acknowledge that the accurate provision of financial information, including valid payment card details, is crucial for the proper functioning of the PayLater service. Users are responsible for adhering to the established repayment dates and amounts, as outlined in the PayLater Agreement.
Remedi maintains a stringent security protocol to safeguard the financial information provided by Users. However, users must understand the inherent risks associated with the digital transmission and storage of financial data. In the event of any unauthorized access, data breach, or fraudulent activity, Remedi shall not be held liable for any resulting damages, losses, or unauthorized transactions, provided that Remedi has taken reasonable security measures to protect the data.
REMEDI RESERVES THE RIGHT TO SUSPEND OR TERMINATE ACCESS TO THE PAYLATER SERVICE IN CASES OF SUSPECTED FRAUDULENT ACTIVITIES, UNAUTHORIZED USAGE, OR VIOLATION OF THE TERMS AND CONDITIONS OUTLINED IN THE PAYLATER AGREEMENT. USERS MUST ENSURE COMPLIANCE WITH THE SPECIFIED TERMS AND CONDITIONS TO AVOID DISRUPTION OF THE PAYLATER SERVICE AND ANY ASSOCIATED FINANCIAL TRANSACTIONS.
Remedi further emphasizes the importance of Users' adherence to the repayment schedule and amounts to maintain the integrity of the financial transactions. Failure to meet the agreed-upon repayment terms may lead to additional charges, account suspension, or legal action, as outlined in the PayLater Agreement and relevant legal statutes.
By utilizing the PayLater service, Users agree to the terms and conditions set forth by Remedi and acknowledge their responsibility to provide accurate and valid financial information for the effective and secure operation of the service in accordance with PayLater Terms and Terms of Use. Remedi endeavors to provide a secure and user-friendly experience, prioritizing the protection of users' financial data and ensuring compliance with relevant data protection laws and regulations.
6. Communications
By using the Website, you affirmatively consent to pop-up notifications on the Website regarding important announcements and other administrative communications related to your use of the Website. If you do not wish to receive certain administrative notifications related to the Website, your only way to opt out of such messages is to cease using the Website and/or delete your account on the Website immediately. Please be aware that deleting your account does not eliminate your obligation of repayment under PayLater arrangements.
Remedi reserves the right to contact you by e-mail which you reached Remedi via the channels set forth under Article 20.
Remedi disclaims all liability for any communication directed to you from any third party directly or indirectly in connection with the Website (the “Third-Party Communications”) that you may receive and any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. Remedi assumes no responsibility for verifying and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any Third-Party Communications.
By using the Website, you expressly relieve and hold Remedi harmless from any and all liability arising from Third-Party Communications, including any loss or damage incurred as a result of any dealing between you and any third parties. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties.
Without prejudice to the section titled “Data Protection and Privacy”, the foregoing clause herein is applicable to the extent permitted by the multinational compliance regulations including but not limited to the UK General Data Protection Regulation (“UK GDPR”) brought by the United Kingdom.
7. Ownership of Intellectual Property and Contents on the Website
Any content, material, information, text, data, copyright, trademark, logo, design, insignia, image, photo, music, screenshot, video, post, identifying mark, page, software, and other original works of authorship and/or intellectual property uploaded to, or incorporated into the Website by Remedi (collectively, the “Website Content”) are and will remain the sole and exclusive property of Remedi.
We retain all right, title, and interest in and to the Website, including without limitation, (i) all texts, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the Website, (iii) all other material and content uploaded or incorporated into the Website such as the Website Content, and (iv) all associated trade secrets and (v) all financial instruments, including but not limited to the PayLater service, proprietary algorithms, transaction processing methods, and data models related to financial transactions conducted through the Website and other intellectual property and proprietary rights recognized anywhere in the world (collectively, the “Remedi IP”). The Remedi IP is protected in all forms, media, and technologies currently known or to be developed hereinafter. Remedi owns all Remedi IP, as well as the coordination, selection, arrangement, and enhancement of such Remedi IP as a Collective Work under any applicable intellectual property legislation, and all rights on the Website and the Website Content. Remedi IP is protected by the domestic and international laws regarding copyright, patents, and other proprietary rights.
All trademarks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on the Website are the property of their respective owners. Reference to any product, service, process, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Remedi.
Violation of this provision may result in infringement of Intellectual Property Rights of Remedi, or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to Intellectual Property Rights, whether by estoppel, implication, or otherwise. You represent and warrant that your use of the Website and the Website Content will remain consistent with these Terms and will not infringe or violate the rights of any other party or breach any contract or legal duty against any other party or violate any applicable law. In order to request permission for using the Website Content, you may contact Remedi via the channels set forth under Article 20.
8. Third-Party Services
The Website may include embedded third-party content or links (such as hyperlinks) to third party sites, apps, resources, contents or services that are not owned or controlled by the Company (collectively, “Third-Party Services”).
When you access Third-Party Services, you do so at your own risk. Third-Party Services are not under our control, and you acknowledge that the Company is not responsible or liable for the content, function, accuracy, legality, appropriateness, or any other aspect of Third-Party Services. If you believe any Third-Party Services violate applicable law or may be inappropriate, please notify the Company. The inclusion of any Third-Party Services does not imply any association between the Company and their operators.
By using the Website and Services thereof, you expressly relieve and hold the Company harmless from any and all liability arising from your use of any Third-Party Services, including any loss or damage incurred as a result of any dealing between you and any third parties, or as a result of the presence of such Third-Party Services on the Website or failure of such Third-Party Services to function as intended. It is your responsibility to evaluate content and usefulness of the information obtained from third parties.
When you are connected to or otherwise accessing to a Third-Party Service, you agree that you are responsible for the following: (i) taking necessary measures to protect you and your computer systems from viruses, worms, trojans, malicious code, and other harmful effects; (ii) downloading, using or purchasing any material that is sexually explicit, immoral, offensive or otherwise objectionable or unlawful, or that contains technical inaccuracies, typographical errors, or other errors; (iii) downloading, using or purchasing any material that violates confidentiality or proprietary rights of third parties and other proprietary rights, or that is subject to additional terms and conditions specified or unspecified; (iv) any financial costs or other liabilities against third parties arising from your actions or other activities; (v) reading and understanding terms of use and privacy policies applicable to Third-Party Services.
You acknowledge that certain Third-Party Services may involve financial transactions, including but not limited to payment processing, credit facilities, or investment opportunities. You agree that any financial activities conducted through such Third-Party Services are solely at your own risk, and the Company bears no responsibility for any financial losses, discrepancies, or disputes arising from your engagement with such services.
When accessing Third-Party Services involving financial transactions, you are responsible for safeguarding your financial data, including but not limited to bank account details, credit card information, or other sensitive financial information. The Company encourages you to exercise caution and due diligence in sharing any financial data with third parties and recommends reviewing the applicable terms of use and privacy policies to ensure the protection of your financial information.
While utilizing Third-Party Services that involve payment processing, you acknowledge that the Company may collect and store your card information and related payment details. The Company undertakes to handle such data in accordance with industry-standard security measures and data protection protocols. However, you agree that the Company shall not be liable for any breaches, hacks, or unauthorized access to your card or payment information that may occur as a result of actions taken by third-party service providers or external factors beyond the Company's control.
9. Data Protection and Privacy
Remedi hereby represents and warrants that it shows its best efforts for the compliance with all relevant legislations, rules, regulations, directives, and guidelines on the compilation, use, and disclosure of information and data gathered from or about the Users relevant to access or use of the Website (jointly, the “Rules”).
Rules include the Data Protection Directive and the UK General Data Protection Regulation (“UK GDPR”) brought by the European Union, or any other Rules of another jurisdiction or rules, laws or any other part of the legislation issued by the relevant data protection authorities, and any amendments and changes thereof or laws as may be repealed or succeeded.
10. Representations and Warranties
The Website is available only to persons who are eighteen (18) years or older (or any greater age required to reach the age of majority under the applicable law.
BY ACCESSING AND USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD (OR ANY GREATER AGE REQUIRED TO REACH THE AGE OF MAJORITY UNDER THE APPLICABLE LAW.
Each Party hereby represents and warrants to the other Party that, (i) such Party has the necessary power and authority to be bound by these Terms; (ii) compliance with these Terms and fulfillment of the obligations hereunder do not and will not, to the best of each Party’s knowledge, violate any other agreement to which it is a party; (iii) no other restriction, limitation or contractual or statutory obligation exists preventing a Party from fulfilling its obligations hereunder; and (iv) these Terms constitute a legal, valid and binding obligation when agreed upon by both Parties.
Remedi hereby represents and warrants to the User that, (i) it will have all necessary rights, licenses, know-how, expertise, and experience needed to operate the Website hereunder; (ii) is the sole proprietor of the Website and the Intellectual Property Rights (to the extent permitted in these Terms) on the Website and has all legal rights, licenses, and authority to provide the User with the Website as stipulated herein; (iii) the Website shall also comply with all relevant legislations and regulations when used by the User in accordance with these Terms.
The User represents and warrants that (i) all information User shares with Remedi (if any) is true, accurate, current, and complete, (ii) User is the sole owner of all rights, titles, and interests in, or have obtained all necessary rights and licenses from the applicable owner of, any information User shares with Remedi (if any), and (iii) such information, when used for the purposes in which it is submitted onto Remedi, does not infringe the rights of any third party, including without limitation, Intellectual Property Rights, propriatery rights and rights of publicity/privacy. The User also acknowledges and agrees that s/he will be solely responsible for all information that s/he share with Remedi (if any) and will use the Website solely for the permitted purposes as defined by these Terms and shall not interfere with the integrity or performance of the Website as articulated by the section of Limitations on Use of the Website.
11. Disclaimer of Warranties
Except as expressly set forth herein, Remedi does not warrant, or make any representation regarding (i) the results obtained from benefiting the Website Content will be wholly accurate, entirely reliable, complete or truthful, or (ii) the Website will be provided on an uninterrupted, secure or error-free basis. The Website (and any part thereof), including without limitation any content, data, and any information related thereto, are provided strictly on an “as is” and “as available” basis, without any warranties or conditions of any kind, either express, implied, or statutory. Remedi makes no representation concerning the benefits or outcomes obtained from the Website by the User or any third party.
The Website may become inaccessible, or it may not function properly with Users’ web browser, mobile device, and/or operating system. Remedi cannot be held liable for any perceived or actual damages arising from content, operation, use of or inability to use the Website.
Some jurisdictions may not allow exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users, falling within the scope of such jurisdiction’s competence. These Terms grant Users specific legal rights, and Users may have other rights which vary from state to state. The disclaimers and exclusions under these Terms shall not apply to the extent prohibited by applicable law.
12. Your Representations and Warranties as a User
By accessing or using any of our Website, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you. Specifically, your use of our Website or the Protocol may result in various tax consequences, such as income or capital gains tax, value-added tax, goods and services tax, or sales tax in certain jurisdictions. It is your responsibility to determine whether taxes apply to any transactions you initiate or receive and, if so, to report and/or remit the correct tax to the appropriate tax authority.
By or using of our Website, you agree to maintain the security of your card pertaining to your repayments and accept all risks of unauthorized access to your card and to the information you provide to us. You agree that you will not (i) buy, sell, rent, or lease access to the Service or (ii) attempt to access the Service through unauthorized third party applications or clients.
You agree that you must provide all equipment and software necessary to connect to the Service. You are solely responsible for any fees incurred when accessing the Website, including Internet connection or mobile fees.
13. Limitation of Liability
If Remedi’s performance of its obligations under these Terms is prevented or delayed by any act or omission of User or any third party, Remedi shall not be deemed in breach of its obligations under these Terms.
Nothing on the Website constitutes an offer, advice, guidance on investment, or anything like these, the User shall be aware of the fact that Remedi does not promise, commits, or is obliged to anything, and the expressions on the Website cannot be interpreted in a way that they are an offer, advice, guidance on investment or anything like these.
In no event will Remedi, it’s developers, affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use the Website, any other websites linked to it and any content on the Website (including the Website Content) or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, and also including but not limited to, personal injury, pain and suffering, emotional distress, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Thus, you expressly agree that you assume all risks in connection with your access and use of any of our Services. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of any of our Services.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or whatsoever, even if Remedi has been advised of the possibility of such damage.
Some jurisdictions do not allow exclusion or limitation of incidental or consequential damages; therefore above limitations or exclusions may not apply to User falling within the scope of such jurisdictions’ competence. These Terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the Terms shall not apply to the extent prohibited by applicable law.
14. Indemnification
The User shall defend, indemnify, and hold harmless Remedi and its affiliates, co-branders, partners, shareholders, employees, agents, representatives, and/or independent contractors from and against all costs, damages, and losses, including legal expenses resulting from any claim by third parties that (i) User’s use of the Website, the Website Content or other material infringement of any rights of the third parties, including without limitation, breach or violation of the Intellectual Property Rights or privacy rights of such third parties; (ii) the information shared with Remedi by User via the channels set forth under Article 20 is obscene, defamatory, illegal, unethical, or promotes illegal conduct; (iii) the User has not obtained and/or failed to obtain any necessary permit, license or consent in accordance with these Terms; and (iv) the User breaches (de facto or presumably) any of its representations, warranties, and/or responsibilities under these Terms.
15. Unlawful Activity and Termination of Access to the Website
Remedi reserves the right to investigate complaints or reported violations of these Terms and to take any action it deems appropriate, including without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to Users’ e-mail address (if shared by the User previously), usage history, IP addresses, and traffic information.
Remedi may terminate these Terms immediately in its sole discretion and without any prior notice or liability against you, or suspend or terminate your use of, or access to the Website at any time for any reason and under any conditions, including without limitation, if it is reasonably believed in good faith that you have violated or acted inconsistently with these Terms or any applicable law or that you have engaged in conduct that we determine to be inappropriate or unacceptable.
You accept, declare, and undertake that you cannot claim any rights or receivables against Remedi due to any termination pursuant to this provision.
The User may terminate these Terms at any time by ceasing to access or use the Website. However, sections of these Terms which by their nature should survive the expiration or termination will remain in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms, as stipulated in the section of “Following Termination”.
16. Following Termination
Upon expiry or termination of these Terms for any reason, all rights of the User shall be terminated instantly.
The following clauses shall survive expiry or termination of these Terms “Definitions”, “Ownership of Intellectual Property and Contents on the Website”, “Disclaimer of Warranty”, “Limitation of Liability”, “Indemnification”, “Unlawful Activity and Termination of Access to the Website”, “Following Termination”, “Governing Law”, “Severability” and “Miscellaneous Provisions”, and all commitments of both Parties under these Terms shall cease to be fulfilled.
17. Governing Law
These Terms and all materials resulting directly or indirectly therefrom shall be governed and construed in compliance with the legislation of the United Kingdom regardless of conflict of laws rules.
All disputes between the Parties in connection with or arising out of the existence, validity, construction, performance, and termination of these shall be finally settled by arbitration before Istanbul Arbitration Centre ("ISTAC”) pursuant to the ISTAC Arbitration Rules. The language of the arbitration shall be Turkish and English. The seat of the arbitration shall be Istanbul/Türkiye.
The number of arbitrators shall be applied as prescribed in the ISTAC Rules. The Parties may request interim legal protection pursuant to ISTAC Emergency Arbitration Rules.
18. Severability
If any part of these Terms is found to be unlawful, void, or otherwise unenforceable, such unlawfulness, invalidity or unenforceability shall extend to such clause only. The unlawfulness, invalidity, or unenforceability of such a clause shall in no way influence or render any other part of these Terms, unlawful, void, or otherwise unenforceable, and generally, shall be reformed, construed, and implemented in such a way that reflects intent of the Parties as conveyed in these Terms with its nearest lawful effect.
In any jurisdiction, the fact that any provision of these Terms is held to be unlawful, void, or otherwise unenforceable, shall have no effect on the legality, validity, or enforceability of such provision in other jurisdictions.
19. Miscellaneous Provisions
Headings
The headings used in these Terms are for reference reasons only and do not influence understanding and interpretation of these Terms.
Waiver
Remedi’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such or other right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Service Interruption
In order to ensure the utmost possible service level, Remedi reserves the right to interrupt the Website for maintenance, system update or any other change, through informing the Users appropriately.
We will not be liable for any reason if all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict or suspend access to some or all parts of the Website to the Users.
Additionally, the Website might not be available due to reasons outside Remedi’s reasonable control, such as “Force Majeure”.
Remedies Not Exclusive
Except as expressly stated herein, no remedy is designed to be excluded from any other remedy that is not available under these Terms or in law or in equity.
Non-Exclusivity
These Terms are not exclusive.
No Strict Construction
Where an ambiguity or issue occurs with regards to any clause of these Terms, the Terms shall be construed as if collectively approved by the Parties and no presumption or burden of proof shall occur to favor or disadvantage of either Party by virtue of the authorship on these Terms.
Assignment
Without prior written approval of Remedi, these Terms or any rights or obligations conferred thereunder may not be transferred and delegated by the Users. Any attempt to grant, without such approval, any rights or responsibilities arising from these Terms shall be null and void ab initio.
Remedi reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, by taking the Users’ legitimate interests into account. Provisions regarding change of these Terms shall apply accordingly.
Entire Agreement
These Terms constitute the entire agreement between the Parties on the subject matter of the Terms and supersede any and all prior written or oral agreements and/or communications relating to the subject matter thereunder.
Force Majeure
None of the Parties shall be responsible for any error or delay in fulfilling any of their corresponding obligations arising from these Terms, if a Force Majeure Event prevents them from doing so.
Interpretation
Unless the context requires, (i) the singular includes the plural and vice versa; (ii) if any act which shall be performed in accordance with these Terms is to be done on a day that is not a business day then the act must be performed on or before the next business day; (iii) a reference to any legislation or law includes all amendments, consolidations or other provisions thereof, (iv) a reference to a natural person shall mean including without limitation a partnership, joint venture, association, government or legal body or legal entity and vice versa shall be interpreted herein.
Independent Legal Advice
User accepts that it has had the chance to read these Terms, agrees with its provisions, and has been given a chance to seek independent legal advice on the Terms’ provisions before acknowledging them.
20. Contact Information
If you have any questions or complaints about these Terms, please contact us through bizdev@Remedi.finance.