TERMS OF USE

 

Effective as of October 01, 2019 

1. Introduction

Thanks for choosing Mindturtle (“Mindturtle”, “Platform”, “Website”, “we”, “us”, “our”). Mindturtle is platform which provides its both consultants and their potential clients an easy and reliable way to find each other. By signing up or otherwise using the Mindturtle services, websites, and software applications (together, the “Mindturtle Service” or “Service”), or accessing any content or material that is made available by Mindturtle through the Service (the “Content”) you are entering into a binding contract with Mindosphere Incorporation (“Mindosphere”) or a Mindturtle licensed company.

Your agreement with us includes these Terms and Conditions of Use (“Terms”), Privacy and Personal Data Protection Policy, Cookies Policy and any additional terms (collectively the "Agreements") as discussed in the “Entire Agreement” section below. If you wish to review the terms of the Agreements, the effective version of the Agreements can be found on Mindturtle’s website.

By signing up and/or using Mindturtle Services, you acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Mindturtle Service or consume any Content.

Please read the Agreements carefully. They cover important information about Mindturtle Services provided to you and any charges, taxes, and fees we bill you.

In order to use the Mindturtle Service and access the Content, (i) you need to be 18 or older and have the authority to make a binding contract with us, (ii) you will only have one Mindturtle account, which must be in your real name; and (iii) you are not already restricted by Mindturtle from using the Services. You also agree, declare and undertake that any registration information that you submit to Mindturtle during creating an account and profile is true, accurate,  complete, and current, and to keep it that way at all times.

In this context, Mindturtle is not liable and responsible for investigating the accuracy of the information and content transmitted by Members or the accuracy of the information and content uploaded, modified or provided by them through the platform. Therefore Mindturtle does not guarantee that this information and content are safe, accurate and legal. Mindturtle will not be held responsible for any damage that may arise because the information and content in question are inaccurate or incorrect. 



2. Using Mindturtle and Being a Member

You can benefit from Mindturtle services at 3 different user levels:

  • Viewing content without sign up: You can view the content on the platform in a limited way without a Mindturtle account. You have to be a member to use customized services for users (following the consultant or solutions, interested, contacting content owners, etc.).
  • Sign up as a Client or Buyer Member: With this membership level, you can access the profiles and content of the consultants, create your own lists (MindList), contact the content owners and purchase services.
  • Sign up as a Consultant or Seller Member: In addition to the rights of client or buyer members, the consultant members cover the features of creating your own profile, displaying in search results, selling consulting services by creating solutions and events, and special advisory reporting screen (MyOffice).    

Mindturtle, Clients and Consultants are legally independent parties. There is no partnership, agency or employee-employer relationship between them. As a result of the approval and application of Mindturtle Terms of Use, no partnership, agency or employee-employer relationship is born. 

Membership completes from the relevant section of the website www.mindturtle.com, by submitting the required identification and contact information of the person who wishes to create an account on the Platform, and approving the registration process by Mindturtle. The right and authority to become a Member defined in this Agreement cannot be obtained until the membership process is completed.,

When you register and join the Mindturtle Service, you become a Member. If you have chosen not to register for our Services, you may not access to the Mindturtle services and content. Members are account holders. You agree to:

  • try to choose a strong and secure password;
  • keep your password secure and confidential; and
  • not transfer any part of your account (e.g., connections).

You are responsible for anything that happens through your account unless you close it or report misuse.

In order to benefit from the services offered by Mindturtle, you are fully responsible for the issues regarding security, privacy, and keeping away the information from third parties about the system access tools (User name, password, etc.) you use. Mindturtle does not have any direct or indirect responsibility for any damages that other Members and/or third parties may suffer due to any negligence and defects of the Members in matters such as the security and privacy of the system Access tools, keeping away the information from third parties.

The information, articles, images, brands, slogans and other signs on the Mindturtle platform and programs for the protection of information related to other intellectual property rights, the presentation of the page and the presentation of the platform are the property of Mindosphere or the companies which have Mindosphere’s permission and license. It is forbidden to partly or fully copy, modify, publish, transfer by using online or other media, distribute or sell all kinds of the database of information or website pages on this Platform, websites, software-codes, Html codes and other codes and designs, pictures, texts, visual, audio images, video clips, files, catalogs and lists contained in the Platform. Therefore, you agree and undertake that you will not reproduce, copy, distribute, process the platform software, hardware, and content listed above but not limited to, you will not compete directly/ or indirectly with Mindosphere either by these actions or by other means. You do not have the right to resell, process, share, distribute, display, or permit anyone to access or use Mindturtle's services, Mindturtle’s information, and Mindturtle's copyrighted works. Partial copying, printing, processing, distribution, reproduction, display of the information on this page is only possible for non-commercial personal needs and with the written permission of the Mindosphere.

Mindturtle may use the information transmitted to it by Users and Members through the platform, in accordance with the provisions of "Privacy and Personal Data Protection Policy", can process this information under this Agreement, the European Union General Data Protection Regulation (“GDPR”), the California Consumer Privacy Act (“CCPA”) and the Turkish Law on Protection of Personal Data No. 6698, (“KVKK”) and can classify and maintain it on a database. Your personal information will not be disclosed to real and legal third parties, except for the request of the authorities authorized by law and the situations listed in the Privacy and Personal Data Protection Policy. For detailed information, please consult the Privacy and Personal Data Protection Policy.

In the case of signing up as consultant or seller, the consultant or seller shall process personal data of Clients or Buyers that the Seller or consultant obtains in the context of the service or by any means, in compliance with the principles, rules and conditions stipulated by particularly the Law on Personal Data Protection, the GDPR and the CCPA, and other related legislations, take all measures regarding data protection, ensure confidentiality of personal data in question and act in proper manner with the privacy fundamentals, avoid the misuse of personal data in question by unauthorised people or by any means. This obligation of the consultant or seller will maintain indefinitely in the case of expiration or termination of the agreement. The seller or consultant is exclusive liable for the obligations in question and MINDTURTLE has no liability occurred because of the obligations herein.

In the case of any breach of this agreement and obligations stipulated under the legislation on personal data protection, the seller or consultant is responsible to any legal, administrative and criminal liability and any damage occurred because of breach of this obligations will be compensated only by the seller or consultant.

Where the seller or consultant breaches any liability given above, the seller will be data controller as de facto and will be responsible to any legal, administrative and criminal liability that may occur in the case of the breach.



3. Mindturtle Services

Being a Mindturtle member and some options in this scope of membership are offered free of charge. The scope of paid and free services is available on the website.

Mindturtle can modify, extend, or narrow, suspend or terminate an existing service; add new services or change and regulate the prices and commission rates at its discretion. To the extent permitted by law, these changes are effective from the moment you are notified.

Mindturtle is not a storage service. You agree that we are under no obligation to store, retain or provide you a copy of any information or content provided by you or other users, except as required by applicable law and those noted in our Privacy and Personal Data Protection Policy.



4. Payment

Although Mindturtle offers basic membership and certain options within the scope of this membership, it is at the discretion of Mindosphere Inc. or the licensee to change and edit prices in the future, to create premium membership packages and to set different prices in this context.

There is a fee in the form of a commission rate for consulting services through Mindturtle. It is the discretion of Mindosphere Inc. or the licensee to change these commission rates; before performing these transactions, you give transaction confirmation by knowing the details of the fee and commission information within the framework of the Distance Sales Agreement.

Payment service is executed by IYZICO Teknoloji Ödeme ve Elektronik Para Hizmetleri A.Ş that is a licensed payment institution authorized to execute payments on behalf of Mindturtle; and the Seller Payment Service Agreement and the User Payment Service Agreement are parts of the Agreement.

Clients or Users are deemed to have accepted the terms of User Payment Service Agreement; and Consultant / Sellers are deemed to have accepted the terms of the Seller Payment Service Agreement. 



5. Notices and Service Messages

You agree that we will provide notices to you with the membership in the following ways: (1) a notice within the Service, or (2) a message sent to the contact information you provided us (e.g., email, mobile number, physical address).  Therefore, you need to keep your contact information up to date.

When you first become a member of the platform, your profile is defined as "all notifications are on". You can check and edit these notifications on your Settings page. If you turn off notifications, you will be responsible for logging into the platform and reading the notifications. 



6. Content and Sharing

In the scope of Mindturtle Services, different forms of information (your profile, solutions, events, proposals, messages, etc.), information and content that you share or post can be viewed by other Members, Visitors or other persons (may also be outside of our Services). You can check and edit your Settings page to see who can see your content or information. 

When you share information within our services, you agree that other people can view, copy and use this information in accordance with your personal settings. You agree in advance that Mindosphere Inc. or the licensee will not have any legal responsibility in case of partial or complete copying of the content. In such cases, you can inform Mindturtle and request support through the "Report" process. Mindturtle reserves the right to suspend the publication and/or use of relevant content until such situations become definite.Mindturtle reserves the right to remove the Member from the Platform who is the subject of the complaint as a result of the examination.

You are solely responsible for all User Content you post. Mindosphere Inc. or the licensee is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST MINDOSPHERE RELATED TO USER CONTENT THAT YOU SHARE, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD MINDOSPHERE HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.



7. Rights You Grant Us

Mindturtle can monitor or review User Content, correct spelling mistakes that do not change the meaning, or edit categories and tags in User Content to form the basis of the search algorithm, but has no obligation to do so. Mindturtle has no obligation to publish any information or content related to the services it offers, and may remove them, with or without notice, under the discretion of Mindturtle in accordance with legal regulations and Privacy and Personal Data Protection Policy.

For certain content, you can terminate this right by deleting the content from Mindturtle or by closing your account; the following situations are excluded:

(a)    In case of an ongoing service purchase contract for customer and consultant type memberships

(b)    you share it with other users and users copy, reshare or store it; and

(c)    a reasonable amount of time for backup and removal from other systems.

Also, your content, products and third-party services (including sponsored content) are not included in advertisements that are published without your permission. If we are asked to give other users the right to publish your content outside of the Services, we will obtain your consent. However, if you choose to publish your content “publicly”, we would like you to know that we have a feature that allows other Members to embed public posts on third-party services and that we allow search engines to find public content on their services. 



8. Other Content, Sites and Apps

You are responsible for your use of the content and information other people publish on our Services.

Others may offer their own products and services through our Services and Mindosphere Inc. or the licensee are not responsible for these third-party activities.

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Mindturtle generally does not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse.

The decision of whether you want to access or use third-party applications or sites that can be accessed via a link through our services belongs to you. If you allow a third-party application or site to approve you or connect to your Mindturtle account, this application or site can access information about you and your connections on Mindturtle. Third-party apps and sites have their own legal terms and privacy policies, and you may have given other people permission to use your information in ways that we do not use. Except for the limited circumstances that may be required by applicable law, Mindturtle is not responsible for other sites and applications, at your own risk. You can review our Privacy and Personal Data Protection Policy for details. 



9. Entire Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and Mindturtle, the Agreements constitute all the terms and conditions agreed upon between you and Mindosphere Inc. or the licensee and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Privacy and Personal Data Protection PolicyCookies PolicySeller Payment Service Agreement and User Payment Service Agreement etc. are covered by these Agreements. 



10. Disclaimer and Limit of Liability
 

10.1 No Warranty

This is our disclaimer of legal liability for the quality, safety, or reliability of our Services

MINDOSPHERE INC. AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, MINDOSPHERE INC. AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

10.2 Exclusion of Liability

These are the limits of legal liability we may have to you.

TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS MINDOSPHERE INC. HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), MINDOSPHERE, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWNTIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.



11. Termination

As two different parties, this Agreement may be terminated at any time, but some rights and obligations survive.

Both you and Mindosphere may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

  • Our rights to use and disclose your feedback
  • Members and/or Visitors’ rights to further re-share content and information you shared through the Services;
  • Sections 10 and 12 of this Agreement
  • Any amounts owed by either party prior to termination remain owed after termination

You can visit your Settings page to close your account.



12. Governing Law and Dispute Resolution

In the event of a legal dispute, in resolving this dispute, residents of the United States agree that the California / United States courts are authorized for Mindosphere Incorporation and that the courts listed below are authorized for the licensee in their country of residence outside the United States.

For Users in Turkey:

Licensee: Ude Kurumsal ve Bireysel Gelişim Hizmetleri Ulus.Tic.Ltd.Şti
Authorized Court: İstanbul(Central)/Türkiye courts


Also for countries that are not licensed:

Licensing Company: Mindosphere Incorporation
Authorized Court: California / United States courts 



13. Contact Us

If you have any questions regarding the Mindturtle Service or Agreements, please contact us at the Contact us section of our website or at the addresses below.

Mindosphere Inc.

640 W California Ave Ste 210
Sunnyvale, CA, 94086


For Users in Turkey:

ude Kurumsal ve Bireysel Gelişim Hizmetleri Ulus.Tic.Ltd.Şti
Nidakule Göztepe, Merdivenköy Mh. Bora Sk. No:1 Kat:7 Kadıköy İstanbul

 

Thank you for reading our terms. We hope you enjoy Mindturtle.