Miscellaneous. 28.1. PAYPORTER may not apply interest to or offer credit facilities for the USER's Payment Accounts or protection accounts held in accordance with the LEGISLATION, and the USER hereby agrees and declares that the USER shall not make any claims to PAYPORTER for this purpose. The USER may not transfer or assign this Agreement and its rights and obligations hereunder, in part or in full, to third parties without obtaining written consent from PAYPORTER.
28.2. Electronic and system records, commercial records, book records, logs and computer records kept by PAYPORTER in its own database and servers shall constitute evidence for any and all disputes regarding the transactions executed and the Services provided under this Agreement. The Parties hereby agree that this clause constitutes a contract of evidence within the meaning of the Article 193 of the Code of Civil Procedure.
28.3. The address of PAYPORTER indicated under this Agreement and the address indicated by the USER during the sign-up process shall serve as legal notification addresses of the Parties, and all notifications sent to these addresses shall be deemed as valid unless and until any changes of addresses are duly notified to the other Party in writing. Unless otherwise specified in the relevant legislation, all notifications to be sent according to this Agreement may be submitted in writing or electronically.
28.4. The failure by a Party to take any action despite the violation of any provision of this Agreement by the other Party shall not be construed as waiver by the other Party of its rights, and the other Party shall be entitled to exercise its rights under this Agreement at any time in case of any subsequent violations.
28.5. Invalidity of one or several non-material provisions of this Agreement in part or in full shall not affect the validity of the remaining provisions in this Agreement.
28.6. Regarding the operation of the Payment Account, the USER hereby agrees and declares that PAYPORTER is authorized to take all kinds of measures pursuant to the provisions of the Law No. 5549 on the Prevention of Laundering Proceeds of Crime, the Law No. 6415 on the Prevention of the Financing of Terrorism and the Law No. 7262 on the Prevention of the Financing of the Proliferation of Weapons of Mass Destruction, and internationally-recognized regulations on the prevention of Money Laundering and the Financing of Terrorism. (FATF recommendation rules etc.), and PAYPORTER will not process or cancel t...
Miscellaneous. İşbu Sözleşme’nin veya bir kısmının herhangi bir sebeple geçersiz veya uygulanamaz olması diğer bölümlerin geçerliliği ve yürürlüğünü etkilemeyecektir. The invalidity or unenforceability of any parts of this Agreement for any reasons whatsoever shall not affect the validity or enforceability of the remainder. İşbu Sözleşme veya kanundan doğan herhangi bir hakkın kullanılmasından imtina edilmesi veya gecikilmesi bu hak ve diğer haklardan feragat edildiği anlamına gelmez. The failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or a waiver of other rights. Taraflar işbu Sözleşme’den doğan borç ve/veya haklarını diğer Taraf’ın yazılı izni olmaksızın devir/temlik edemezler. The Parties cannot assign/transfer this Agreement and/or their rights and obligations hereunder without the prior written consent of the other Party. İşbu Sözleşme ancak Taraflarca karşılıklı ve yazılı olarak tadil edilebilir ve değiştirilebilir. This Agreement can only be amended or modified mutually and in writing by both Parties. İşbu Sözleşme sadece ve özel olarak Tarafların yararına akdedilmiştir. This Agreement is made solely and specifically between the Parties for the benefit of the Parties. Taraflar arasındaki bilgi, haberleşme ve ihtarlar yazılı olarak faks veya eposta ile iletilecektir: News, information, notices between parties shall be communicated in writing, either by fax or email.
Miscellaneous. 6.1. İşbu Sözleşme uyarınca yapılacak her türlü 6.1. For the purposes of the receipt and admission of bildirim, ihtar, duyuru ve tebligatın kabulünde, Hesap Sahipleri’nin aksi yönde bir talepleri olmadığı sürece, Hesap Sahipleri birbirlerini temsil ederler.
6.2. Hesap Sahipleri ile Banka arasındaki ilişkilerde, işbu Sözleşme hükümleri ve Türk kanunları uygulanacak ve İstanbul Mahkeme ve İcra Daireleri yetkili olacaktır. İşbu yetki sözleşmesi, tacirler veya kamu tüzel kişileri ile imzalanan sözleşmeler için geçerli olup, gerçek kişiler için yetki sözleşmesi bakımından Hukuk Muhakemeleri Kanunu’nun ilgili hükümleri uygulanacaktır.
6.3. 6 (altı) maddeden oluşan işbu Sözleşme, Hesap Sahipleri ile Banka arasında imzalanan Bankacılık Hizmetleri Sözleşmesi’nin eki ve ayrılmaz parçası olup, bu Sözleşme’de hüküm bulunmayan hallerde Bankacılık Hizmetleri Sözleşmesi’nin hükümleri uygulanır. İşbu Sözleşme hükümlerinin devamının ve imza bölümlerinin arka sayfada bulunduğunu ve işbu Sözleşme’nin devam sayfalardaki hükümlerle bir bütün teşkil ettiğini kabul ve beyan ederim. ORTAK HESAP NUMARASI : any and all kinds of notices and services to be made hereunder, unless otherwise has been requested by Account Holders, the Account Holders shall represent each other.
Miscellaneous. 4.21.1. Entire Contract. The Contract including attachments thereto, the GTC and any addenda, or amendments constitutes the sole and entire understanding between the Parties with respect to the subject matter of the Contract and supersedes all and any prior oral or written agreements, negotiations and discussions between the Parties pertaining to the subject matter of the Contract or the Contract in whole.
4.21.2. Amendments. Save as expressly provided in the Contract, no amendment or variation of the Contract shall be effective unless in writing in substantially the format set out at Annex A attached hereto and signed by a duly authorized representative of each of the Parties to it. Without prejudice the above, the Seller is entitled to unilaterally change the GTC from time to time by putting on the new version of the GTC on the Seller’s website at xxx.xxxxx-xxx.xxx. The new version of the GTC shall come into force within 10 (ten) days after such putting.
4.21.3. Assignment. Neither Party may assign the Contract or any of its rights under the Contract or transfer any obligations
4.21.4. Bağlayıcı etki. Sözleşmenin hüküm ve şartları, işburadaki Taraflar ve onların izin verilen halef ve devredilenleri üzerinde bağlayıcı olacak ve onlar lehine hüküm ifade edecektir.
4.21.5. Üçüncü Kişi lehdar yoktur. Sözleşmedeki hiçbir şey hiçbir üçüncü kişilere hak vermeyecektir ve Contract (Rights of Third Parties) Xxx 0000 zaman içinde değiştirilebileceği haliyle özellikle uygulanmayacaktır.
4.21.6. Tarafların ilişkisi. İşburada Satıcı ve Alıcı arasında kurulan ilişki münhasıran Satıcı ve Alıcıya aittir. Her biri kendi işinin yürütülmesiyle ilgilenen bir bağımsız yüklenicidir ve Sözleşmedeki hiçbir şey, Taraflar arasında ortaklık, acentelik, joint venture, havuda toplama, franchise veya işçi-işveren ilişkisi oluşturacak şekilde yorumlanamaz. Hiçbir Taraf, diğer Taraf (veya diğer Tarafın İştiraklerinden herhangi biri) adına herhangi bir şekilde hareket etme veya diğer Tarafı (veya diğer Tarafın İştiraklerinden herhangi birini) herhangi bir şekilde temsil etme veya bağlama hakkına sahip değildir.
Miscellaneous. A. Relationship of the Parties. This Agreement will not be construed as creating any agency relationship, or a partnership, joint venture, fiduciary duty, or any other form of legal association between You and Apple, and You will not represent to the contrary, whether expressly, by implication, appearance or otherwise. Except as otherwise expressly provided in this Agreement, this Agreement is not for the benefit of any third parties.
B. Waiver; Assignment. No delay or failure to take action under this Agreement will constitute a waiver unless expressly waived in writing and signed by a duly authorized representative of Apple, and no single waiver will constitute a continuing or subsequent waiver. This Agreement may not be assigned by You in whole or in part. Any assignment shall be null and void.
Miscellaneous. 16.1. Severability. If any provision in the Agreement is or becomes invalid, illegal or unenforceable, such provision shall be omitted from the Agreement and the remaining provisions shall continue in full force and effect as if the Agreement had been executed without the invalid illegal or unenforceable provision. If the invalidity, illegality or unenforceability is so fundamental that it prevents the accomplishment of the purpose of the Agreement, the Company and the Client shall make every effort to reach an agreement on a new provision which differs as little as possible from the invalid, illegal or unenforceable provision, taking into account the substance and purpose of the Agreement.
16.2. Relationship of the parties. The relationship between the parties is that of independent contractors. The details of the method and manner for performance of the Services by the Company shall be under its own control, Client being interested only in the results thereof. Nothing in the Agreement and no action taken by the parties under the Agreement shall constitute a partnership, association, joint venture or other co-operative entity between the parties, neither will any party become the partner, agent or legal representative of the other.
Miscellaneous. The parties may exchange confidential information during the performance or fulfilment of any purchase order. All confidential information shall remain the property of the disclosing party and shall be kept confidential by the receiving party for a period of 10 years following the date of disclosure. These obligations shall not apply to information which is: (a) publicly known at the time of disclosure or becomes publicly known through no fault of recipient, (b) known to recipient at the time of disclosure through no wrongful act of recipient, (c) received by recipient from a third party without restrictions similar to those in this section, or (d) independently developed by recipient. Each party shall retain ownership of its confidential information, including without limitation all rights in patents, copyrights, trademarks and trade secrets. A recipient of confidential information may not disclose such confidential information without the prior written consent of the disclosing party, provided that Honeywell may disclose confidential information to its affiliated companies, employees, officers, consultants, agents, and contractors These terms and conditions (including those stated on the face hereof) constitute the entire agreement of Honeywell and Buyer, superseding all prior agreements or understandings, written or oral, and cannot be amended except by a mutually executed writing. Buyer may not assign any rights or duties hereunder without Xxxxxxxxx'x written prior consent. Honeywell may subcontract its obligations hereunder without Xxxxx’x consent. No representation, warranty, course of dealing, or trade usage not contained or expressly set forth herein will be binding on Honeywell. Headings and captions are for convenience of reference only and do not alter the meaning or interpretation of these terms and conditions. No failure by Honeywell to enforce at any time for any period the provisions hereof shall be construed as a waiver of such provision or of the right of Honeywell to enforce thereafter each and everyprovision. In the event anyprovision herein is determined to be illegal, invalid, or unenforceable, the validity and enforceability of the remaining provisions shall not be affected and, in lieu of such provision, a provision as similar in terms as may be legal, valid, and enforceable shall be added hereto. Provisions herein which by their very nature are intended to survive termination, cancellation, or completion of Buyer’s order after accep...
Miscellaneous. 9.1 The Customer is liable for compliance with all applicable laws and ordinances of export control laws of the Republic of Turkey or other countries, in particular for having the permits needed in order to export or import the products. Furthermore, the Customer ensures that the products will not be supplied either directly or in directly to countries that prohibit or limit the import of these products.
9.2 The exclusive place of jurisdiction to settle disputes in relation to this agreement is courts of Istanbul (Central), Turkey.
9.3 The contractual relationship shall be governed by German law, excluding the rules of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the rules of renvoi in accordance with the International Private Law and Procedural Law No.5718.
Miscellaneous. 1. If this Contract conflicts with any other legal documents between the Parties, this Contract shall prevail.
2. The formation, validity, performance and interpretation of this Contract and any dispute between the Parties arising from this Contract shall be governed by the Relevant Laws and Regulations.
3. All notices shall be promptly transmitted or sent by e-mails, cable, telex, facsimile (a confirmation copy shall be sent by airmail), or registered airmails to [address of the Parties respectively] or such other addresses designated by a written notice). The notice under this Contract sent by registered airmail shall be deemed to have been received [*] days after its postmark-date, and [*] working days after it is sent via e- mail, cable, telex or facsimile.
4. For any dispute arising from this Contract between the Parties, and any claim by either Party against the other for recovery of payment for the infringement on PI Subject, the Parties shall resolve such dispute or claim through negotiation; if such negotiation fails, either Party may adopt any of the following methods to resolve the dispute (check the box for the chosen arbitration institution if the Parties choose arbitration):
(i) Arbitration. The dispute shall be submitted to: China International Economic and Trade Arbitration Commission China Maritime Arbitration Commission Beijing Arbitration Commission (Beijing International Arbitration Center) Shanghai International Arbitration Center Other arbitration institutions that are members of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards The arbitration shall be conducted in [venue] in accordance with its arbitration rules then in force.
(ii) Litigation. The dispute shall be submitted to a competent PRC people’s court in accordance with law.
5. This Contract shall be interpreted in accordance with the Relevant Laws and Regulations and shall not be interpreted in a manner inconsistent with the rights and obligations set forth in the Relevant Laws and Regulations.
6. This Contract shall be executed in [*] originals, and each Party shall hold [*] original(s) respectively, and all of which shall have equal legal effect. This contract is signed in [*]. PI Processor: see in Agreement Date: see in Agreement Overseas Recipient: see in Agreement Date: see in Agreement Details of the cross-border transfer of personal information under this Contract are agreed upon as follows:
(1) The personal information to be transferred belo...