Welcome to https://cemfagroup.com. Your privacy is important to us.

Last Updated: July 22, 2024
Effective Date: July 22, 2024

This webpage represents a legal document and is the Terms and Conditions (hereinafter called “Agreement”), which together with our Privacy Policy and additional terms and policies referred to in it (collectively, “Privacy Statement”), govern your use and access to the services and products (collectively, “Services”) and our website: https://cemfagroup.com (“Site”) and all other related websites, blogs, software and applications etc. (collectively, “Website”) that are owned or operated by CemFa.

This webpage contains the terms and conditions for our main services. It’s important to keep in mind that the terms and policies listed in the links below are also part of the Agreement. To view additional terms and policies, please refer to the following links:

Definitions

The term “Site” refers to this site: https://cemfagroup.com and the term “Website” encompasses the Site and all related website domains and/or subdomains such as https://cem-fa.com.tr, https://cemfaoptik.com, https://cemfaoptik.com.tr and/or similar that are owned or operated by CemFa, along with associated blogs, software, and applications.

The terms “CemFa”, “Cem-Fa”, “CemFa Group”, “CemFa Optik”, “CemFa Gozluk”, “cemfagroup.com”, “company”, “we”, “us” or “our” refer to the owner of this Site, CemFa Optik San. Ve Tic. A.S. whose registered office is located at Gebze Organize Sanayi Bölgesi, Kemal Nehrozoğlu Cad., No:501 400.Sok. Gebze OSB, Gebze/Kocaeli, 41400, Turkiye.

The term “Service(s)” refers to any products, services and software including mobile applications we sell or give away.

A person who simply views our Website is referred to as a “Visitor(s).” An individual who has registered on our Website to utilize our Services is referred to as a “Client(s)” or a “Customer(s)” (collectively “Clients”). The term “User” encompasses both Visitors and Clients.

All text, information, graphics, design, and data offered through our Website or Services whether produced by our Clients or by us, are collectively known as our “Content”. We distinguish content posted by our Clients as “Client Content”.

Eligibility and Registration

Our Website and Services are intended solely for Users who are at least (18) years of age. Any registration by, use of, or access to our Website and Services by anyone under that age is unauthorized, unlicensed, and in violation of this Agreement. By using our Website and Services, you represent and warrant that you are at least (18) years of age and agree to obey all the terms and conditions of this Agreement.

CemFa has sole right and discretion to decide whether to accept a Client and may reject a Client’s registration with or without explanation.
When you complete the registration process, you may receive a password that will allow you to access our Website and Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur by using your password.
You agree to immediately tell us of any unauthorized use of your password or any other breach of security. You agree that we cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed here.

Acceptance of Agreement

These terms and conditions are a binding agreement between you and CemFa.

By using, accessing, or browsing our website and utilizing our Services, you consent to abide by the terms and conditions outlined in this Agreement and our Privacy Policy and our Cookie Policy and/or additional terms and policies referred to in them (collectively, “Agreement”). If you do not agree to all of this Agreement, please exit our website immediately and refrain from using, accessing, or browsing it further.

THIS “AGREEMENT” CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EVERY TERM AND CONDITION SET FORTH HERE, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, OR BROWSE IT FURTHER.

Additionally, this Agreement supersede and replace any other prior or existing agreements, or terms and conditions that may be applicable. This Agreement create no third party beneficiary rights.

Privacy Policy

By using this website, you also acknowledge and agree to the terms and conditions outlined in our Privacy Policy and additional Terms and Policies, including Cookie Policy referred to in it (collectively, “Privacy Statement”). The Privacy Statement is an integral part of this Agreement and can be accessed by clicking on the provided link here. If you do not accept the terms and conditions outlined in both this Agreement and Privacy Statement, kindly refrain from using this website.

Acceptable use of our website and Services

As a User, you agree NOT TO USE our Website or Services to do any of the following:

Upload, post, or transmit any Client Content that:

1. Violates any local, state, federal, or international laws;
2. Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
3. Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable;
4. Links directly or indirectly to any materials to which you do not have a right to link;
5. Contains any private information of any third-party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
6. Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Services;
7. Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or
8. In the sole judgment of CemFa is objectionable or restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose CemFa, our owners and/or directors, our employees and/or our staff, our affiliates, or our Users to any harm or liability of any type.

As a User, you further agree NOT TO USE our Content to:

1. Develop a competing website;
2. Create compilations or derivative works as defined under the copyright laws of the Republic Of Turkiye;
3. Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism;
4. Decompile, disassemble, or reverse engineer our Website, Services, and any related software; or
5. Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws.

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Limited License

CemFa grants you a nonexclusive, nontransferable, revocable license to access and use our Website and Services strictly under this Agreement. No printout or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter at all under any circumstances.

Legal Compliance

You pledge to abide by all relevant domestic and international laws, regulations, ordinances, and statutes regarding the use of our Website, Content, and Services.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we judge appropriate, including, but not limited to, 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 your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.

Our Intellectual Property

CemFa owns the service marks, trademarks, and logos featured on our Website, which may also include those of our affiliates or other companies. The use of these marks does not grant you any rights without prior written permission from CemFa. Our Website and Services contain copyrighted content that is protected under both U.S. and foreign laws. You are prohibited from copying, redistributing, using, or publishing this content. Using our Website and Services does not give you any ownership of the content.

Errors, Corrections, and Changes

We cannot guarantee that our Website and Services will be error-free, or free of viruses or harmful components. The information available on or through our Website and Services may not be accurate, correct, timely, or reliable. We reserve the right to change any content, software, or other elements of our Website and Services at any time without notice, at our sole discretion.

Client Content Policy

Clients can post their content on our Website (Client Content). Both clients and visitors understand that by using our Website or Services, they may be exposed to potentially offensive content. We have no control over Client Content and don’t guarantee its accuracy, quality, or integrity. CemFa isn’t responsible for monitoring or filtering any Client Content. In the event of illegal Client Content, we will report it to the relevant authorities.

If any Client Content is reported to us as offensive or inappropriate, we may ask the client to modify or remove it within 24 hours of being notified. If the client fails to comply, we have the right to restrict their ability to post Client Content or terminate their use of our website and services without further notice.

We reserve the right to remove any Client Content that violates this agreement or is deemed objectionable at our discretion. Clients are responsible for complying with all applicable laws, including federal, state, and global laws for their content, such as copyright and trademark laws.

You guarantee that you won’t use our Website or Services to infringe on others’ intellectual property rights. In accordance with the Digital Millennium Copyright Act (DMCA) and other laws, we have a policy of terminating clients who, in our sole discretion, are infringers of others’ intellectual property rights.

If we suspect your account has been used for an unauthorized, illegal or criminal purpose, you are granting us express authorization to share information about you and your account with law enforcement.

Use of Information

You grant CemFa a license to use the information and materials you post on our Website. By posting, displaying, transmitting, performing, or distributing information or other content (“Client Content”) to our Website, you are granting CemFa, its officers, directors, employees, agents, consultants, representatives, and affiliates, a license to use the Client Content about the operation of the business of CemFa, its directors, employees, officers, affiliates, representatives, consultants, and agents, including, without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat Client Content. You understand and agree that you will not be compensated for any Client Content. By posting Client Content on our Website or Services, you warrant and represent that you own the rights to the Client Content or are authorized to post, display, distribute, perform, or transmit Client Content.

Linking to Our Website

You may provide links to our Website if (a) you do not remove or obscure any portion of our Website by framing, (b) your website does not engage in illegal or pornographic activities, and (c) you stop providing links to our Website immediately on our request.

Links to Other Websites

Our Website may from time to time contain links to third-party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites. CemFa has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.

Payments

You represent and warrant that if you are buying something from us, (a) any payment information you supply is true and complete, (b) charges incurred by you will be honored by your bank or credit card company, (c) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (d) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur because of the dishonored payment.

Affiliate Disclosure

You should assume the owner of this website has an affiliate relationship and/or another material connection, to any suppliers of goods and services that may be discussed here, and maybe compensated for showing ads or recommending products or services, or linking to the supplier’s website.

Disclaimer

This Site and/or the Website and any third-party website links are for informational purposes only and should not be considered applicable to your specific situation! The information and content on this Site and the Website and linked websites are meant to be general and educational, and should not be relied upon as a substitute for professional medical and/or healthcare advice. If you have health or medical questions, it is always best to consult with a qualified eye doctor and/or ophthalmologists specialized in that particular field of medicine. Do not disregard professional medical advice or avoid seeking it because of information found on the Website. Nothing on this Site and/or on the Website should be considered as medical or healthcare advice specific to your situation and/or medical condition. Visitors to this Site and the Website should consult with their own doctor and/or medical professional regarding all medical and healthcare matters. We are not responsible for any actions taken or not taken based on information from this Site and/or the Website without our prior written consent.

SMS / Text Messaging

By providing your mobile phone number and opting-in for communications, you consent to receiving Short Message Service (SMS)/text messages from us. These may include service updates, alerts, account information, promotions, and marketing offers sent through your wireless provider to the number you provided, even if registered on a state or federal Do Not Call list. These messages may be sent using an automatic dialing system or other technology. The frequency of messages may vary, but you will not receive more than one message per day. Your wireless provider’s standard message and data rates may apply and you are responsible for these charges.

Participation in this program is voluntary and you may opt-out at any time by submitting a request on our website or emailing our support team.

To the extent allowed by law, you agree that we will not be held liable for any failure, delay, or misdirection of the SMS/text messages sent, or any errors in the information, or any actions you may or may not take based on the information received.

Disputes and How To Settle Them

Time Limit for Starting Disputes

You must commence any legal action related to a dispute within one (1) year of the dispute arising.

Binding Arbitration and Waiver of Class Actions

We strive to deliver exceptional customer service to all our clients. If there’s anything you’re dissatisfied with, please reach out to us via email or phone call. Our team will make every effort to promptly resolve the matter to your satisfaction. Call us at +90 212 528 2585. You can also email us at support@cemfagroup.com. We value our clients and seriously try hard to provide amazing customer service.

Any dispute or claim related to this Agreement, our Website, and its Services (excluding any legal action taken by us to protect our website operations, intellectual property, products and services) will be resolved through binding arbitration in accordance with the Kocaeli Arbitration Centre Arbitration Rules. The arbitration will be conducted on an individual basis and cannot be combined with any other claims or disputes of any other party. You agree to participate in individual arbitration and not bring a claim as part of a class action. The arbitration will take place in Kocaeli, Turkiye and the decision of the arbitrator may be enforced in a competent court of jurisdiction in the same location. To protect our or your rights and property during the arbitration process, either party may seek interim or preliminary relief from a court in Kocaeli, Turkiye. Both parties will equally bear the costs and fees of the arbitration.

Choice of Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Republic Of Turkiye, without regard to its conflict of law principles. This Agreement will be treated as if it were executed and performed in Kocaeli, Turkiye and will be governed by and construed following the laws of the Republic Of Turkiye without regard to conflict of law provisions. Any cause of action by you about our Website or Services must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of Website and Services shall be filed only in the courts located in Istanbul, Turkiye and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. This Agreement, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to this Agreement, or the negotiation, execution or performance of this Agreement (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), shall be governed by, and enforced in accordance with, the internal laws of the Republic Of Turkiye, including its statutes of limitations.

International Use

Cemfagroup.com makes no representation that materials on this Site and/or the Website are appropriate or available for use in locations outside of Turkiye, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site and/or the Website from other locations do so on their own initiative and are responsible for compliance with local laws.

Indemnification Agreement

You agree to protect, defend, indemnify and hold us harmless from any claims, actions, liabilities, damages, penalties, costs, and expenses (including legal fees) incurred by us. This includes, but is not limited to, claims arising from:

• Your breach of the Agreement or Privacy Policy
• Improper use of the Website and/or Services
• Providing us with inaccurate information including but not limited to medical history
• Infringing on a third-party’s privacy, publicity rights, or intellectual property rights
• Violating any law or regulation
• Allowing unauthorized access to the Website and/or Services using your login credentials
• Late or inaccurate delivery by third-party services
• Loss or damage to medical documents
• Claims against us for failing to maintain updated information on our Website.

Intellectual Property Rights & Ownership

Please note that using our Website and/or Services does not grant you any rights to our or our partners’ Intellectual Property. We retain all rights, title, and interest in all Intellectual Property Rights. “Intellectual Property Rights” refers to all patent rights, copyrights, mask work rights, moral rights, rights of publicity, trademarks, trade dress, service mark rights, goodwill, trade secret rights, and any other intellectual property rights that exist now or may come into existence in the future, along with all their applications, registrations, renewals, and extensions under the laws of any state, country, territory, or jurisdiction. These rights are exclusively ours.

We welcome feedback from our clients to help us improve our services, but any ideas submitted by you shall not be entitled to compensation. By submitting any ideas, you acknowledge that your submission is voluntary and without obligation, and that we are free to use the idea without compensation to you and may disclose it to others without restriction.

Warranty Disclaimers & Liability Limitations

CemFa is not responsible for any Content posted on our Website or through our Services, whether posted by Clients or by us. Although we have rules for Client conduct and postings outlined in the Client Content Policy section above, we do not control or are not responsible for what Clients post, transmit, or share, and are not liable for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content encountered through our Website or Services. The online or offline conduct of any User of our Website or Services is not our responsibility.

Our Website or Services may experience temporary unavailability for maintenance or other reasons and we do not accept responsibility for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, failure of communication lines, theft, destruction, unauthorized access, or alterations of Client communications.

Technical problems, such as issues with telephone networks, computer systems, servers, providers, computer or mobile phone equipment, software, or email, as well as traffic congestion on the Internet, are not our responsibility and we are not liable for any resulting damage or injury to a Client’s or any person’s computer, mobile phone, or other hardware or software in connection with our Website or Services, including any software provided. We are not responsible for any loss, damage, personal injury, or death resulting from the use of our Website or Services, or interactions between Users of our Website or Services, whether online or offline. Mention of any product, service, process, or other information by trade name, trademark, manufacturer, or supplier does not imply endorsement, sponsorship, recommendation, or affiliation with our Website by third parties or any equipment or programming associated with our Website and/or Services.

In no circumstance shall CemFa or its directors, employees, or agents be held accountable for any indirect, incidental, special, punitive, or consequential damages, including lost profits or lost data, incurred from your use of our Website, Content, Services, or any related software accessed through or downloaded from our Website or Services, even if CemFa was aware or had been advised of the possibility of such damages. Regardless of the cause or form of action, CemFa’s liability to you shall always be limited to the amount paid by you, if any, for using our Website and/or Services during the previous month of your client membership before the event leading to liability.

WARRANTY DISCLAIMERS: TO THE GREATEST EXTENT ALLOWED BY LAW, YOUR USE OF THIS WEBSITE AND OUR SERVICES ARE PROVIDED “AS-IS” WITHOUT WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, OR CORRECTNESS OF THE WEBSITE OR SERVICES; THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE OR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT, OR SECURE; OR THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR HARMFUL COMPONENTS.

LIABILITY LIMITATION DISCLAIMERS: TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES REGARDLESS OF THE LEGAL THEORY OR WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

YOU AGREE THAT OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO YOUR USE OF THIS WEBSITE AND OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR USING OUR WEBSITE AND/OR SERVICES DURING THE PREVIOUS MONTH PERIOD OF YOUR CLIENT MEMBERSHIP PRIOR TO YOUR CLAIM.

Waiver, Severability, and Assignment of ​Rights

This section is an all-encompassing section that covers various aspects of the Agreement.

• The Terms and Conditions and the Privacy Policy form the entire Agreement between you and us regarding the Services and Website.
• Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.

Assignment

This outlines the possibility of assigning the rights and obligations under this Agreement to another party, such as in the case of selling your business. We just require prior written notice and approval. Similarly, if we were to sell our company, the rights and obligations would transfer to the buyer, who would then be responsible for upholding the Terms.

Assignment in Legal Terms: You can transfer your rights and responsibilities under this Agreement, as long as you provide us with written notice and our approval is obtained. We will not deny approval without valid reason. Our rights and responsibilities may also be assigned to any party succeeding in interest of any business related to the Services.

Changes to Our Agreement

We reserve the right to change this Agreement at any time by giving you advance notice of the changes by email or in writing. We will also post these changes on our Website. These changes will become effective 30 days after receipt of the notice. The date at the top of this Privacy Policy indicates when it was last updated. The revised version will be indicated by a “Last Updated” date and the updated version will be effective as soon as it is accessible. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of this Agreement, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website and Services after any change to this Agreement and our telling you will constitute your acceptance of such change. If you do not agree with the changes to this Agreement, you can choose to discontinue the use of our Website and Services.

Force Majeure (Acts Beyond Control)

This final section of this Agreement absolves both parties of liability and obligation in the event of extraordinary circumstances outside of our control, such as natural disasters, war, and other acts of God.

We will not be considered in breach or default of this Agreement, and will not be held liable for any disruption, interruption, or delay in the performance of our services due to reasons such as natural disasters, acts of public enemy, war, terrorism, labor strikes, and other events beyond our reasonable control. If a Force Majeure event lasts more than 60 days, we may terminate the Website and/or Services and will not be liable for such termination.

Contact Us

If you have any questions or comments about this Agreement or our privacy practices in general, we encourage you to contact us via e-mail or using the contact form on our contact us page.