International Agreement
https://raxxa.travel
INTERNATIONAL SERVICE TERMS AGREEMENT
Last Update: 01.01.2024
PLEASE READ THIS INTERNATIONAL SERVICE TERMS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
1. PARTIES
AGENCY: RAXXA TRAVEL (Online Marketing Tool www.raxxa.travel)
Address: Haseki Sultan Mahallesi Kızılelma Caddesi No:25/2 PK34096 Fatih / Istanbul / Republic of Turkey
Trade Name: Raxxa Group Tourism Transportation Construction Real Estate and Automotive Trade. Ltd. Co.
Contact: info@raxxa.travel – 444 8 149
PARTNERS: AGENCY, SUPPLIERS, AND INDIVIDUAL USERS
Every institution, organization, and individual user who becomes a member of our Online Marketing Tool can accept membership by approving the electronically provided agreements with www.raxxa.travel. After the approved agreements, they are deemed to have accepted all terms. The suppliers and individual users' membership become effective on the date you use this website ("Site") or electronically accept the agreement. This Agreement sets forth the general terms and conditions regarding your use of this Site and the products and services purchased or accessed through this Site (collectively "Services"). Service Agreements and additional policies apply to specific Services and are available in addition to this Agreement; they do not replace this Agreement. In the event of any inconsistency between the provisions of a Service Agreement and this Agreement, the provisions of the applicable Service Agreement will prevail.
Terms such as "we", "us", or "our" will refer to www.raxxa.travel. Terms such as "you", "your", "User", or "customer" will refer to any person or entity who accepts this Agreement, has access to your account, or uses the Services. Nothing in this Agreement will be deemed to provide any third-party rights or benefits.
2. MODIFICATION OF AGREEMENT, SITE, OR SERVICES
www.raxxa.travel reserves the right to modify or change this Agreement, all policies, or contracts incorporated herein at any time, and such modifications or changes will become effective immediately upon posting to the Site. Your continued use of this Site or Services after such changes or modifications will be deemed your acceptance of the latest version of this Agreement. If you do not accept the latest version of this Agreement, do not use (or continue to use) this Site or Services. Additionally, Raxxa Travel may notify you of any changes or modifications to this Agreement via email from time to time. Therefore, it is essential to keep your account ("Account") information current. Raxxa Travel is not responsible for any issues or liability resulting from your failure to receive email notifications due to an incorrect or outdated email address. Furthermore, Raxxa Travel reserves the right to terminate your use of the Services if you violate the terms of this Agreement. Raxxa Travel also reserves the right to modify, change, or discontinue any part of this Site and Services, including prices and fees, at any time.
3. ELIGIBILITY; AUTHORITY
This Site and Services are only available to individuals or entities ("Users") who can form legally binding contracts under applicable law. By using this Site or Services, you represent and warrant that you are at least eighteen (18) years old, capable of forming legally binding contracts under applicable law, and not prohibited from purchasing or receiving Services under the laws of the Republic of Turkey and other relevant jurisdictions.
If you are accepting this Agreement on behalf of a legal entity, you represent and warrant that you have the legal authority to bind such entity to the terms and conditions of this Agreement; in such case, the terms "you", "User" or "customer" will refer to such entity. Should Raxxa Travel determine, after your electronic acceptance of this Agreement, that you lack the legal authority to bind such entity, you will be personally responsible for the obligations under this Agreement, including but not limited to payment obligations. Raxxa Travel will not be liable for any loss or damage resulting from its reliance on any instruction, notice, document, or communication reasonably believed to be genuine and originating from an authorized representative of your company. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, Raxxa Travel reserves the right (but assumes no obligation) to require additional authentication from you. You also agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent, or anyone using your Account or Services.
4. YOUR ACCOUNT
To access some features of this Site or Services, you must create an Account. You represent and warrant that all information you provide when creating your Account is accurate, current, and complete, and you will keep your Account information accurate, current, and complete. Raxxa Travel reserves the right, in its sole discretion, to suspend or terminate your Account if any information provided is found to be inaccurate, incomplete, or not current. You are solely responsible for all activities that occur under your Account, whether authorized by you or not, and must ensure the security of your Account information, including but not limited to customer numbers/login details, passwords, Payment Methods (as defined below), and customer PIN codes. For security purposes, Raxxa Travel recommends that you change your password and customer PIN code for each Account at least once every six (6) months. You must notify Raxxa Travel immediately of any breach of security or unauthorized use of your Account. Raxxa Travel will not be liable for any loss resulting from unauthorized use of your Account. However, you may be held liable for losses incurred by Raxxa Travel or others due to any such unauthorized use, whether caused by you or an authorized or unauthorized person.
5. GENERAL RULES OF CONDUCT
You agree and acknowledge:
I. Your use of this Site and Services, including any content you submit, will comply with this Agreement, any applicable Service Agreements or policies, and all applicable local, state, national, and international laws, rules, and regulations.
II. You will not collect or harvest any non-public or personally identifiable information about any User or any other person or entity without their express prior written consent.
III. You will not use this Site or Services in any way determined by Raxxa Travel, in its sole discretion, to be:
• Illegal or promotes or encourages illegal activity;
• Promotes, encourages, or engages in the exploitation or abuse of children or material that promotes or encourages child exploitation or abuse;
• Promotes, encourages, or engages in terrorism, violence against people, animals, or property;
• Promotes, encourages, or engages in any spam or other unsolicited bulk email, or hacking or cracking of computers or networks;
• Violates the Fight Online Sex Trafficking Act or similar legislation, or promotes or facilitates prostitution and/or sex trafficking;
• Infringes on the intellectual property rights of another User or any other person or entity;
• Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
• Interferes with the operation of this Site or the Services found at this Site;
• Contains or installs any viruses, worms, bugs, Trojan horses, or other code, files, or programs designed to, or capable of, disrupting, damaging, or limiting the functionality of any software or hardware;
• Contains false or misleading language, or unsubstantiated or comparative claims, regarding Raxxa Travel or Raxxa Travel's Services;
• Promotes, encourages, or engages in any fraudulent or deceptive activity.
IV. You will not copy or distribute in any medium any part of this Site or Services, except where expressly authorized by Raxxa Travel.
V. You will not modify or alter any part of this Site or Services or any related technologies.
VI. You will not access Raxxa Travel Content or User Content (as defined below) through any technology or means other than this Site itself, or as Raxxa Travel may designate.
VII. You agree to back up all of your User Content so that you can access and use it when needed. Raxxa Travel does not guarantee that it backs up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
VIII. You will not resell or provide the Services for a commercial purpose, including any of Raxxa Travel's related technologies, without Raxxa Travel's express prior written consent.
IX. You will not attempt to circumvent, disable, or otherwise interfere with the security-related features of this Site or the Services, including features that prevent or restrict the use or copying of any Raxxa Travel Content or User Content or enforce limitations on the use of this Site or the Services found at this Site.
X. You will provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
XI. You acknowledge that Raxxa Travel may contact you regarding your account and services at times and that for such purposes, Raxxa Travel may record calls and use these records in legal proceedings where applicable and as permitted by law. By providing your phone number, you consent to receive automated or prerecorded marketing calls or messages to that number. Message and data rates may apply.
6. PROTECTION OF YOUR DATA
Raxxa Travel may offer certain hosted Services during your use of which the transmission, collection, and/or use of personally identifiable or identifiable information about you or your customers ("Your Data") may be involved. For the purposes of this Section, Your Data does not include User Data. The Data Processing Addendum referenced herein and applicable to the hosted Services aims to provide you with a contractual safeguard to ensure that Your Data's transfer to, and processing by, hosted Services, complies
with applicable data privacy laws.
For the purposes of the Standard Contractual Clauses (as applicable), you (and your relevant affiliates) are the data exporter, and your acceptance of this Agreement is deemed your execution of the Standard Contractual Clauses and their appendices. For printed, signed, or physical copies of the Data Processing Addendum, please email a request to law@raxxa.travel
7. USER CONTENT
Raxxa Travel may offer certain features in this Site or Services that allow you to view, post, publish, share, store, or manage (a) forum posts, content submissions, product reviews or recommendations, or social media posts, including, but not limited to, texts, writings, photographs, illustrations, audio, videos, or other materials (collectively "User Submissions") and (b) literary, artistic, musical, or other content, including but not limited to photographs and videos (User Submissions, along with User Submissions collectively, "User Content"). Any content posted through your Account is considered User Content. By posting or publishing User Content to this Site or through the Services, you represent and warrant that (i) you own all rights in and to the User Content or have the written permissions, releases, or licenses to distribute, (ii) you have the right to grant to Raxxa Travel the rights in the User Content as set forth in this Agreement, and (iii) neither the User Content nor the publishing or posting thereof violates any third-party rights.
User Submissions. User Submissions are voluntary, do not create a confidential relationship, and do not obligate Raxxa Travel to treat them as confidential or secret. Raxxa Travel is under no obligation, express or implied, to develop or use User Submissions, and no compensation is due for any such use. Raxxa Travel may already be working on or developing the same or similar content, and you accept that any similarity between your User Submissions and Raxxa Travel's work is coincidental.
Raxxa Travel shall be the sole owner of all rights (including all intellectual property and other proprietary rights) in any User Submissions posted to this Site, and shall have the right to use and distribute the User Submissions without restriction or notice.
Other User Content. By posting or publishing User Content to this Site or through the Services, you grant Raxxa Travel a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with this Site, the Services, and Raxxa Travel's business, including without limitation for promoting and redistributing part or all of this Site or the Services (and derivative works thereof) in any media formats and through any media channels, without compensation, permission, or notification to you or any third party. The license granted herein will terminate within a commercially reasonable time after you remove or delete the User Content from this Site. However, Raxxa Travel may retain archived copies of User Content for backup or maintenance purposes.
8. AVAILABILITY OF THE WEBSITE/SERVICES
Subject to the terms and conditions of this Agreement and our other policies and procedures, we will try to provide this Site and the Services available twenty-four (24) hours a day, seven (7) days a week. You acknowledge that this Site may be inaccessible or inoperable for various reasons, including equipment malfunctions, periodic maintenance, repairs, or replacements that we undertake from time to time, or other causes beyond our control or which are not reasonably foreseeable. You acknowledge that we have no control over the availability of this Site or the Services on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
9. PRODUCT CREDITS
If you receive a product credit ("Credit") in connection with the purchase of another product ("Purchased Product"), the Credit will only be valid for one (1) year and must be used with a valid purchase. The Credit will be terminated if the Purchased Product is deleted, canceled, transferred, or not renewed. Unused Credits will expire one (1) year from the date of purchase of the Purchased Product. If the Credit is used, the product will automatically renew at the then-current renewal fee, until canceled. To cancel automatic renewal, visit your Account or contact customer service. If the Purchased Product includes a free domain name, the standard price of the domain will be deducted from any refund if you cancel the Purchased Product. The list price is the price listed on the Raxxa Travel website and is not subject to any promotions, discounts, or other price reductions. We may, in our sole discretion, offer a similar product to replace Credits received for free with another Purchased Product.
10. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
Raxxa Travel generally does not pre-screen User Content posted to this Site or hosted by Raxxa Travel. However, Raxxa Travel reserves the right (but assumes no obligation) to determine whether any User Content is appropriate and/or complies with this Agreement, and may remove any such User Content at any time without prior notice to you. Raxxa Travel may, in its sole discretion, terminate a User's access to this Site or Services for posting material in violation of this Agreement. Raxxa Travel may also terminate a User's access to this Site or Services if Raxxa Travel believes, in its sole discretion, that the User has repeatedly violated this Agreement. If Raxxa Travel terminates your access to this Site or Services, Raxxa Travel may, in its sole discretion, delete any data or files stored by you on its servers.
11. EXPIRATION OF SERVICES; END OF LIFE POLICY
Raxxa Travel reserves the right to cease offering or providing any Service or any portion thereof at any time, for any reason or no reason, and without prior notice. Although Raxxa Travel makes great efforts to maximize the lifespan of all its Services, there are times when a Service will be discontinued or reach its End-of-Life ("EOL"). If that is the case, the affected Service will no longer be supported by Raxxa Travel. If a Service has reached or will reach EOL, Raxxa Travel will attempt to notify you at least ten (10) days in advance of EOL. It is your responsibility to take action, including switching to a new Service or ceasing any activities involving the affected Service, before the specified EOL date. Raxxa Travel may offer a comparable product for any unused portion of your purchased Service. Raxxa Travel will not be liable for any loss or damage resulting from any changes, suspension, or termination of the Services.
12. BETA SERVICES
Raxxa Travel may offer new Services in pre-release form (a limited preview or beta version of existing Services). These Services, known as "Beta Services," are provided as-is, may contain bugs, and may not work correctly. Raxxa Travel makes no guarantees or warranties about the Beta Services and recommends not using them in production or critical environments. By using Beta Services, you agree to provide feedback to Raxxa Travel. Raxxa Travel reserves the right to modify or discontinue Beta Services at any time.
13. FEES AND PAYMENTS
You agree to pay all amounts due for Services at the time you order them. All amounts are non-refundable unless stated otherwise in the Refund Policy. Raxxa Travel reserves the right to change its prices and fees at any time, and such changes will be posted online and become effective immediately without further notice. If you have purchased or obtained Services for a period of months or years, changes in prices and fees will be effective when the Services are renewed.
14. RESERVED RIGHTS
Raxxa Travel reserves the right to refuse, cancel, terminate, suspend, or modify any Account or Services at any time for any reason, at its sole discretion. This includes actions taken to correct errors, maintain Site or Service integrity, comply with legal requests, or prevent abuse.
15. NO SPAM; LIQUIDATED DAMAGES
Raxxa Travel prohibits the use of its Services for sending unsolicited commercial email ("Spam"). Violations of this policy may result in the suspension or termination of your Account or Services and liquidated damages of 1,000.00 ₺ per Spam email sent.
16. TRADEMARK AND COPYRIGHT CLAIMS
Raxxa Travel supports the protection of intellectual property. If you have a claim regarding trademark or copyright infringement, please follow the procedures outlined in the Trademark and Copyright Infringement Policy.
17. LINKS TO THIRD-PARTY WEBSITES
This Site may contain links to third-party websites not owned or controlled by Raxxa Travel. Raxxa Travel is not responsible for the content, terms, policies, or practices of any third-party websites. By using this Site, you expressly release Raxxa Travel from any liability arising from your use of any third-party website.
18. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
Your use of this Site and Services is at your own risk, and this Site and Services are provided "as is" and "as available" without any warranties of any kind. Raxxa Travel disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
19. LIMITATION OF LIABILITY
Raxxa Travel will not be liable for any indirect, incidental, special, punitive, or consequential damages, including lost profits, revenue, or data, arising from your use of this Site or Services.
20. INDEMNITY
You agree to defend, indemnify, and hold harmless Raxxa Travel from any claims, demands, damages, costs, and liabilities, including reasonable attorneys' fees, arising from your use of this Site or Services, violation of this Agreement, or infringement of any third-party rights.
21. COMPLIANCE WITH LOCAL LAWS
Users are responsible for complying with all local laws, rules, and regulations regarding their use
of this Site and Services.
22. DISPUTES; BINDING INDIVIDUAL ARBITRATION
Please read this section carefully. It affects your rights and requires you to resolve disputes through arbitration.
(A) Disputes. This section applies to all disputes between you and Raxxa Travel, except those governed by the Uniform Domain Name Dispute Resolution Policy. Disputes will be interpreted broadly and include any claims related to Raxxa Travel Services, this Agreement, or your interactions with Raxxa Travel.
(B) Binding Arbitration. Both parties agree to resolve all disputes through binding arbitration. Arbitration will be conducted under the rules of the Turkish Ministry of Justice and Commerce. Arbitration decisions are final and enforceable in any court with jurisdiction.
(C) Small Claims Court. You may bring individual claims in small claims court if applicable.
(D) Dispute Notice. In case of a dispute, you or Raxxa Travel must provide a written notice of dispute, including contact information, a description of the dispute, and the desired resolution. If the dispute is not resolved within sixty (60) days, either party may initiate arbitration.
(E) Arbitration Procedure. Arbitration will be conducted in Turkey under the rules of the Turkish Ministry of Justice and Commerce. Arbitration will be limited to individual claims and will not include class or representative actions.
(F) Arbitration Fees and Costs. Raxxa Travel will cover the filing fees and arbitrator fees for disputes involving amounts up to 75,000.00 ₺. For disputes involving larger amounts, fees will be governed by the rules of the Turkish Ministry of Justice and Commerce.
(G) Opt-Out. You can opt-out of the arbitration agreement by notifying Raxxa Travel within thirty (30) days of accepting this Agreement.
23. UNCLAIMED PROPERTY; DORMANCY FEES
If you have an account balance that remains unclaimed for three (3) years, Raxxa Travel may reset or transfer the balance according to applicable laws.
24. SUCCESSORS AND ASSIGNS
This Agreement is binding on and benefits the parties and their respective successors and assigns.
25. NO THIRD-PARTY BENEFICIARIES
This Agreement does not provide any third-party rights or benefits.
26. EXPORT LAWS
This Site and Services are subject to Turkish export laws. Users must comply with all applicable export laws and regulations. Services may not be used, downloaded, or exported to any country subject to Turkish trade embargo or any entity listed on restricted party lists.
27. HEADINGS AND SUBHEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
Headings are provided for convenience and do not affect the interpretation of this Agreement. Each provision is considered a separate covenant, and if any provision is found invalid or unenforceable, the remaining provisions will remain in effect.
CONTACT INFORMATION
For questions about this Agreement, please contact us via email or regular mail at:
Raxxa Travel Legal Department
law@raxxa.travel