1. Parties:
Copa Isı Sistemleri San. ve Tic. A.Ş. (referred to as COPA below) who gives service for COPA Smart Room Thermostat Mobile Application and Corporate Entity, Natural or Legal Person (referred to as member below) who use the COPA Smart Room Thermostat Mobile Application.
Within the scope of the contract, CP300S Smart will be referred as COPA Smart Room Thermostat.
Copa Isı Sistemleri San. ve Tic. A.Ş.
| Address | : Minareliçavuş OSB Mah. Ceviz Cadde No.21 16220 Nilüfer, Bursa TURKEY |
| Phone | : +90 224 324 74 00 (pbx) |
| Fax | : +90 224 219 74 70 |
| : info@copa.com.tr |
2. Subject of the Agreement:
In the subject of this contract, determination of the rights and obligations of parties and fastening of rules related make use of offered mobile application services which provides remote control of COPA Smart Room Thermostat is owned by COPA. It can be possible to attach some condition and cumulative sentence if offered additional services and applications except the services by COPA.
3. Service Requirements Definition:
COPA provides chance to registered members who confirmed the agreement to use the software which aims energy saving in houses which uses COPA Smart Room Thermostat without compromising comfort in all houses.
COPA Smart Room Thermostat requires wireless internet connection for using the services within the membership. Also the application should installed the smart phone has got min. 8.0 version operating system for iOS and min. 4.1 version operating system for Android.
The data reception and transmission for the use of the COPA Smart Room Thermostat is made via the existing internet tariff.
Before using the COPA Smart Room Thermostat, you should read the user manual that comes together with the COPA Smart Room Thermostat or you can obtain it from www.copa.com.tr and follow all instructions.
COPA Smart Room Thermostat Mobile Application is an inseparable part of the COPA Smart Room Thermostat, so the member must have the complete kit so that the service can be used. Membership is a must in order to use this application.
The application uses the wireless internet infrastructure in the residence by cloud-based system and the measure the temperature of the house. By means of the application it is possible to manage the boiler with commands sent via the cloud-based system.
Application may need to register, analyze and use your personal and physical datas for perform the specified services.
The application may need updating from time to time.
4. Membership:
In order to benefit from the services of the application, membership must be established and the member must be over 18 years old.
A member must specify his or her username, password, and e-mail address when creating a membership. The member completes the membership process after confirming the "I accept the Membership Agreement Conditions" field under the registration form and clicking the Sign Up. If the Member does not approve the terms of the membership agreement, he can not become a member and can not benefit from membership opportunities.
The member has the right to create one membership with one e-mail address which he/she uses during membership creation. Two or more memberships can not be created with the same email address.
5. Liabilities of Members:
When the members using the services;
5.1 Accept the following the rules of Turkey to the law, public morality rules, international law and agreements with electronic media communication laws has been adopted or will be adopted, or binding provisions to be made. And shall be liable for any proceedings or legal consequences that may arise in the event of violate the rules.
5.2 Confirms the information provided by the Member is correct and error free, and due to incomplete or erroneous information entry, all responsibilities are at his own discretion.
5.3 Agrees, not to copy, distribute, reproduce, use or modify any material supplied by the COPA with any of its own materials.
5.4 Agrees that the provided service and the content of the application are only suitable for the persons and institutions with usage competence. Otherwise COPA cannot be held responsible.
5.5 Accepts not to reach provided services through the application as unauthorized, not to change the software in any way, not to use altered software knowingly and not use any way besides the ways determined and disclosed by COPA. Otherwise, members undertake to pay all the material and moral damages that COPA may suffer directly or indirectly.
5.6 COPA cannot be held responsible for damages that may result in the event because of the unauthorized reading of the data.
5.7 Declares that the all correspondence of subject title, nickname, pattern, picture, photo etc files, etc. added to the personal opinion, expression, sharing environment that all visual and written materials will be in conformity with the rules of law, copyright laws, general morality. And declare don't share any etiquette, threatening, racist, pornographic and immoral elements. The responsibility of the shared data belongs to the members. COPA cannot be held responsible for any of these files.
5.8 Accepts not to harass and threaten other members, not to act in a way that prevents them from benefiting from services, not to send information or programs that may be harm the information or software of phone, not to save the personal data belong others and not to misrepresent them.
5.9 The Member undertakes not to publish, print or distribute any materials or information may be infringe, mislead, misappropriate or illegal to the names of persons or institutions.
5.10 Accepts that all of the records obtained by COPA with the consent of members.
5.11 The Member acknowledge his / her responsibility that may harm to his / her phone such as malfunction, loss of information, etc., because of the use of application. No claim a compensation can be made by claiming damages that may result from the use of the application.
5.12 Accept that the name of the application and its content are determined by COPA. The name and content of application can be changed without any notification. The system can be checked and followed from time to time or continuously.
5.13 Agrees that, COPA has the rights ( if necessary) to interfere with the operation of the application and suspend of services without any notification, out of service to members, termination of membership.
5.14 Undertake, not to use COPA's system for commercial purposes.
5.15 Acknowledge that personally responsible for any operation taken on the application.
5.16 The quality of COPA Smart Room Thermostat Mobile Application's communication and operations by Application is based on the services supplied by related operator also. COPA has no responsibility because of the problems based on mentioned service quality of operator.
5.17 Amount of natural-gas’s invoice could change because of some factors such as usage of COPA Smart Room Thermostat, natural-gas price, air temperature, seasonal conditions, isolation, size of house, usage of other heating devices and some factors which can be reason of heat loss in house. COPA does its utmost to save your money without sacrificing comfort conditions. However, undertakes no obligation to reduce the amount of invoices or to save on invoice amounts in a given time. The Member acknowledges that will not make any claims or requests for bills, including cases where natural gas bills are higher than normal to COPA.
5.18 COPA provides COPA Smart Room Thermostat and COPA Smart Room Thermostat Mobile Application as "as is" and does not make any claim or commitment that COPA Smart Room Thermostat and COPA Smart Room Thermostat Mobile Application are impeccable, flawless, and perfect. The Member is solely responsible for the use of the COPA Smart Room Thermostat and COPA Smart Room Thermostat Mobile Application and is responsible for using the equipment and software in accordance with the operating instructions and company instructions. Accept that is only responsible to received service, satisfactory quality and performance in this direction.
5.19 When the member is using the application, he / she should use a password that cannot be easily guessed by others, and shouldn't share your information such as user name, password etc.. with others.
6. Authorization to COPA:
6.1 COPA may temporarily suspend or stop the operation of the system at any time. The temporary suspension of the system or the complete suspension of the system will not have any liability to members of COPA or third parties.
6.2 COPA does not undertake that services will be offered in a timely, secure and error-free manner or the results obtained from the use of the service will be accurate or the service quality will respond to expectations.
6.3 COPA has the authority to back up or delete files and messages of members that they would like to keep in electronic media while they are using the services. COPA can not be held responsible for the results of backup or deletion.
6.4 COPA owns the copyrights of the all visual and written information, document, software, design, graphic, pattern, original text, caricature etc. in application which it produced, bought or supplied from third party.
6.5 COPA has rights to use for commercial purposes, publish or transfer all information, documents, software, design, graphics, etc. that the members produce and upload to the system with their own free will.
6.6 COPA reserves the right to change the content of the application and delete, suspend or terminate the information and data of registered members’ at any time.
6.7 Members accepts and declares that COPA can communicate with him/her by internet, phone, SMS, MMS etc. if the member does not inform COPA in writing otherwise.
6.8 COPA is not liable for malfunctions that may occur in boiler while using COPA Smart Room Thermostat. COPA will not be held liable for direct damages arising only from the present contract as far as the applicable legislation permits. The member agrees that he/she will not be found in any claim and waives his rights in advance, such situations like accidental damage, loss of profits and other damages if, there is no punitive, indirect or direct violation of the COPA.
6.9 The quality of the transactions carried out through access and applications to COPA Smart Room Thermostat Mobile Application is based on the quality of the service provided by the related operator and COPA does not have any responsibility for the problems arising from such service quality.
6.10 COPA may change, update or cancel the terms and conditions of the Membership Agreement at any time, without prior notice and / or without prior notice. Any provision that is amended, updated, or removed from effect will be binding on all members at the time of publication.
7. Data Protection Statement
COPA keeps the data of its members in a safe place abroad and COPA is not obliged to secure the server. COPA can not be held responsible for the problems that arise from the security of the server.
8. Force Majeure
The parties agree that, this Membership Agreement shall not be deemed to be a violation of any of the provisions of the Membership Agreement in respect of natural disasters, martial law or emergency situations, internal confusion, war or military operations, national or local security, strike and lockout, compliance with any statutory obligation, Shall not be responsible for any breach of the Membership Agreement by any actions or omissions of Third Parties that are not under the responsibility of the Parties, or for similar or dissimilar reasons beyond the control of the Parties.
9. Validated Records
In case of any dispute arising out of this agreement, the Member accepts that COPA and related cargo company's books, microfilm, microfiche and computer records shall constitute evidence and accepts and undertakes that, this article is a contract of evidence and waives his rights in advance.
10. Notification
The parties acknowledge and agree that the addresses of the contact addresses specified during the membership procedures are the legal notification addresses and that the notices to be made to these addresses shall bear all legal consequences of the legally valid notification unless the address change is notified in writing to the other party. The e-mail address to which the Member enters the application shall be used as the notification address.
The Member undertakes and accepts that all changes of contract and services, cancelation of membership, termination of this contract etc. will send to the e-mail address specified at the time of the membership procedure. The time of the notification is sent by COPA is valid, and the Member undertakes all legal consequences even if he/she do not receive notification.
The member cannot use email or fax to contact with COPA
11. Provisions to be applied
In case of disputes arising out of this contract, the provisions of these contracts shall apply primarily and if there are no provisions in this contract, Turkey Laws shall be applied.
12. Authorized Courts and Execution Offices
In the event of any disagreement borne from the terms and the enforcement of this agreement, the courts of Bursa and Bursa Bailiff's Office will be authorised to resolve the disagreement.
13. Validity Date
This contract will be valid from the time the Member completes the registration form and approves it by pressing the relevant button and will remain valid until terminated.
14. Cancellation
This Agreement shall remain in force until COPA cancels the membership of the Member or, the cancellations of membership by member at least 10 days prior written notice. COPA may terminate the contract unilaterally at any time by canceling the membership.