Terms of Use

FootBalance Website Terms of Use (“Terms of Use”) has been prepared to determine the terms and conditions regarding the use of https://footbalance.com.tr and https://shop.footbalance.com.tr/ websites (referred to as “Site”) operated by Onbrands Tekstil ve Ticaret Anonim Şirketi (“FootBalance”). By accessing the Site, all visitors (“User”) are deemed to have accepted the matters contained in these Terms of Use, regardless of whether they are members or not. If you do not find the Terms of Use appropriate, we kindly ask you not to continue to use the Site.

FootBalance reserves the right to unilaterally change the Terms of Use at any time. Please check the Terms of Use regularly as long as you continue to use the Site.

Article 2. Intellectual Property Rights

2.1 The Site contains trade names, trademarks, service marks, logos, copyrights or other legally protected materials (collectively “Materials”) belonging to FootBalance and/or FootBalance’s affiliated companies. The User acknowledges that the ownership rights of the Materials belong to the relevant right holders and that the use of this Site does not give the Users any rights to the Materials in any way. The User may not change, modify and/or use the Materials for his/her own benefit or take any actions that may cause such changes. All rights to the Materials are reserved and their use is prohibited without the express written permission of the right holders.

2.2 The source code, data code, software and database within the system and their enhanced versions and all the source code, data code, software and database within the system and their enhanced versions for all software constituting the Site and all the financial rights regulated under the article 21 “Processing”, article 22 “Reproduction”, article 23 “Dissemination”, article 24 “Representation” and article 25 “Transmission to the Public by Means of Signal, Sound and/or Image Transmission” of the Law on Intellectual and Artistic Works numbered 5846 on all products included in the Site. “Dissemination” in Article 21, “Reproduction” in Article 22, “Dissemination” in Article 23, “Representation” in Article 24 and “Transmission to the Public by Means of Signal, Sound and/or Image Transmission” in Article 25 of the Law No. 5846 on all of the financial rights regulated under the title of “Right to Publicize” in Article 14, “Right to Specify the Name” in Article 15 and “Right to Prevent Changes in the Work” in Article 16 of the same law. All intellectual property rights (copyright and other rights), including but not limited to the authorization to use the moral rights regulated under the article 14 of the same law under the name of “Right of Public Disclosure” and article 15 of the same law under the name of “Power of Publicity” and article 16 of the same law under the name of “Prohibition of Making Changes in the Work”, exclusively belong to FootBalance without any limit of place, duration, content, medium and number, and may not be copied, processed or reverse engineered in whole or in part, reproduced directly or indirectly in whole or in part of the original and / or processed form / in whole or in part without the express written consent of FootBalance; may not be disseminated in any form or by any means; may not be used directly or by means of means for the transmission of signs, sounds or pictures in public places; may not be used in digital media and/or mobile devices, may not be transmitted to the public and may not be made accessible to third parties; may not be recorded on data transmission devices; may not be used in any audiovisual work and may not be transmitted to the public by means of means for the transmission of signs, sounds and/or images or by rebroadcasting, exhibited, modified, adapted or translated.

In the event that it is determined at FootBalance’s discretion that the User acts in violation of these regulations, FootBalance may immediately block the User’s access to the Site. FootBalance reserves the right to apply for all kinds of legal and criminal remedies, including the collection of all material and moral damages in terms of intellectual property rights, including all interest and accessories.

Article 3. Use of the Website

3.1 The User accepts, declares and undertakes that all information provided by the User to the Site is accurate and complete, not misleading, that he/she is solely responsible for any damages and sanctions that may arise from their being inaccurate, incomplete or misleading, and that he/she shall indemnify FootBalance in cash and immediately for any direct, indirect and all kinds of damages that FootBalance may incur in this respect.

3.2 The User accepts, declares and undertakes that he/she will make transactions with the consent of the credit card or debit card holder in transactions requiring the use of online payment methods and credit card or debit card through the Site; otherwise, he/she will be solely responsible for all costs and damages, including attorneys’ fees, which may arise from payment refunds, non-performance of the service or similar reasons, and will hold FootBalance harmless from any claims that may arise from them.

3.3 The User agrees that he/she will not engage in any business, transaction or action that stops or prevents the operation of the Site with spam, viruses, Trojan horses and other similar malicious software, including but not limited to spam, viruses, Trojan horses and other similar malicious software, or that he/she will not be in any relationship with third parties who engage in such business, transactions or actions.

3.4 All kinds of content, services and products on the Site are provided for the personal use of Users. Their resale or use by Users for their own commercial purposes is prohibited.

3.5 Underage Users must use the Site under the supervision of their parents or guardians.

3.6 You can review the Transaction Guide to see our processes and policies regarding orders placed through the Site. The provisions of the Distance Sales Agreement created specifically for the order shall apply to the orders placed through the Site.

Article 4. Site Access and Changes

4.1 The User agrees that FootBalance may, at FootBalance’s sole discretion, restrict access to all or part of the Services or the Site for all Users from time to time in the event of force majeure, including court orders blocking access to the Site and technical failures beyond FootBalance’s control, or for similar reasons at any time.

4.2 FootBalance reserves the right to unilaterally change any content on the Site without prior notice. Such changes shall take effect from the moment they are published on the Site.

Article 5. Disclaimer

5.1 FootBalance does not guarantee that the software, content and materials that enable Users to make use of the Site are accurate, complete and up-to-date. FootBalance shall not be liable for any delays or errors on the Site or for any actions taken by Users in reliance on the information and materials on the Site or for any damages suffered as a result thereof.

5.2 The Site may contain links to websites and/or applications operated by third parties not under FootBalance’s control. The inclusion of such links on the Site does not imply FootBalance’s endorsement of such links and FootBalance is not responsible for the content or policies of the platforms accessed. The use of these links is at the user’s own risk.

Article 6. Non-Waiver

FootBalance’s failure to exercise some or all of its rights under the Terms of Use shall not be construed as a waiver thereof.

Article 7. Separability

The invalidity of any provision of the User Terms and Conditions shall not affect the validity and enforceability of the other provisions.

Article 8. Applicable Law and Competent Court

These Terms of Use are governed by Turkish law. Istanbul Central (Çağlayan) Courts and Enforcement Offices are authorized for any disputes that may arise from the Terms of Use.