No liability shall be attributed to WeWALK in connection with situations that arise from the lack of knowledge on how to use white cane (inability to identify the obstacle on the floor, walking on an unsafe surface, etc.). Accordingly, the User represents, agrees and covenants that he/she knows how to use standard white cane, he/she shall take warnings before using WeWALK smart cane; he/she is authorized to use the smart cane and he/se shall not hold WeWALK responsible in case of any loss or damage that may arise from the use of WeWALK smart cane.
WEWALK DOES NOT PROVIDE ANY GUARANTEE THAT OBSTACLES THAT CANNOT BE IDENTIFIED WITH THE STANDARD WHITE CANE USED BY VISUALLY IMPAIRED INDIVIDUAL SHALL BE IDENTIFIED OR IT SHALL FUNCTION WITHOUT ANY PROBLEMS.
Integrations provided within the Application for the purpose of providing WeWALK service are added to WeWALK Mobile Application using services and interfaces provided by the 3rd persons. WeWALK shall endeavour to ensure proper implementation of such integrations. In addition, WeWALK disclaims any liability in connection with problems arising from services and interfaces of the 3rd persons and software errors that may arise during implementation of integrations.
User agrees that white cane that comes with WeWALK may be replaced with a white cane compatible with personal needs and WeWALK smart cane in case of ergonomic incompatibility and non-compliant strength and dimensions. WeWALK shall not be held responsible for physical condition of white cane.
User agrees that elastic wire, white cane and white cane’s screw connection WeWALK may add to smart cane were physically assembled properly.
Confidentiality
WeWALK shall not disclose personal information of the User with the third persons without obtaining express consent of the User. Such date of the User are obtained online and stored in offline media. However, such data shall be disclosed to the relevant authorities in case data are requested within the scope of any investigation or proceeding conducted by competent authorities of countries where WeWALK is sold and used.
WeWALK identifies and records IP addresses of the User, control data about WeWALK cane, model and name of the device used for access, operating systems and browser information related with the User for the duration of providing WeWALK Services to the User. User agrees that, by entering into this Agreement, he/she provided express consent to WeWALK in connection with such matters. WeWALK is entitled to use collected information for the purpose of general identification of users and collecting extensive demographic information; establish user and system security; combat fraud and comply with legal requirements.
WeWALK may establish various collaborations with the third party organizations and institutions. WeWALK shall carry out communications and/or marketing operations permitted under the law; however, it shall offer tools that allow users to leave the system easily and free of charge.
WeWALK may provide link from the application to other sites. Advertisements and/or application forms related with various services of the contracted third persons may be posted or users may be directed to such other sites. WeWALK is not responsible for the confidentiality provisions applicable to such third party sites, policies thereof and contents offered.
WeWALK covenants to keep information of the user confidential and take any relevant measures. However, information and documents shall be provided to competent authorities in case information and documents are requested by competent authorities in accordance with the legislations of countries where WeWALK is sold and used. WeWALK shall not be held responsible for any loss or damage that may arise from such disclosure.
WeWALK may use, classify and store in a database any User Information in the Platform beyond the scope of WeWALK Services for the purpose of fulfilling liabilities on User security, certain statistical evaluations and internal audits and as demographic information for advertising and/or promoting purposes. User provides express consent to the provisions under this article.
Limited Liability
WeWALK, licensors and if any, subcontractors of WEWALK shall not be held liable for any loss or damage (including but not limited with loss of profit, loss of use, loss of information and data) that may arise from User’s inability to access or have restricted access to WeWALK Services, inability of using WeWALK Services, contamination of the device with viruses and similar other events.
IN ADDITION TO THE FOREGOING, DIRECT LOSSES THAT MAY ARISE UNDER THE AGREEMENT AND MAY BE CLAIMED BY THE USER SHALL BE SOLELY LIMITED WITH THE TOTAL PRODUCT AND SERVICE PRICE THE USER PAID FOR WEWALK SERVICES UNTIL THAT DATE. USER REPRESENTS, AGREES AND COVENANTS THAT CLAIM FOR LOSSES OR DAMAGES SHALL BE SUBJECT TO THE LIMIT SPECIFIED HEREUNDER.
Settlement of Disputes
Any dispute that may arise in connection with this Agreement shall be referred to exclusive jurisdiction of Istanbul (Caglayan) Court and Enforcement Offices.
Severability
In case any provision of this Agreement becomes invalid or unenforceable by any reason whatsoever, it shall be deemed that such provision was never included in the agreement and it shall be void or null.
Amendment
WeWALK reserves right tounilateral amendment of WeWALK Services due to any changes in the legislationof the Republic of Turkey, technological changes or any other reason. In suchcases, WeWALK is not obliged to serve prior notification to User of anyamendment made to the Agreement. However, WeWALK shall notify the date of lastrevision in the beginning of the Agreement. User shall be deemed to have agreedwith the amendments in case he/she continues using WeWALK Account after thatdate. User is required to cease using WeWALK Services immediately in case of notagreeing with the amendments.
Effective Date
This Agreement shall take effect on the date of release in the Internet Site of WeWALK and it shall remain valid unless either Party terminates the Agreement.
USER REPRESENTS, AGREES AND COVENANTS THAT HE/SHE READ AND UNDERSTOOD ALL PROVISIONS OF THIS AGREEMENT DURING SUBSCRIPTION TO WEWALK SERVICES AND AGREED ALL PROVISIONS OF THIS AGREEMENT. USERS WHO DO NOT ACCEPT THE AGREEMENT BUT APPROVE THE AGREEMENT AND SUBSCRIBE FOR SERVICES SHOULD CEASE THE USE OF WEWALK SERVICES. ON THE CONTRARY, WEWALK SHALL NOT BE HELD RESPONSIBLE FOR ANY PURPOSE WHATSOEVER.
