- PARTIES AND SCOPE
1.1. Sagai Global LTD, operating the website https://www.sagaiglobal.com (hereinafter referred to as the “Platform”), located at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ, and the internet user who subscribes to the Platform (“Subscriber”).
1.2. The subject of this Agreement is to determine the terms and conditions under which the Subscriber will benefit from the Platform owned by Sagai Global. By accepting this Agreement, the Subscriber becomes a Platform Subscriber under the terms set forth in this Agreement.
1.3. Sagai Global and the Subscriber shall be referred to individually as a “Party” and collectively as the “Parties” in this Agreement. - DEFINITIONS
Platform: Refers to the website https://www.sagaiglobal.com operated by Sagai Global, which allows Subscribers and/or visitors to view and benefit from the services offered.
Cookie Policy: Refers to the text available on the Platform, which informs about the use of cookies for ensuring the functionality of the Platform, improving the shopping experience of Subscribers, and providing content based on the preferences and interests of visitors and Subscribers based on their visits to the Platform.
Personal Data: Refers to any information relating to an identified or identifiable natural person.
Personal Data Protection Clarification Text: Refers to the text available on the Platform that regulates the purposes and methods of how Sagai Global will use the personal data provided by Subscribers.
My Account Page and Menu Page: Refers to the Subscriber’s personal page on the Platform, where the Subscriber can carry out necessary operations to access various applications and services, enter their personal data and information requested for each application, receive necessary notifications, and access the page using the username and password set by the Subscriber.
Services: Refers to the services and applications provided by Sagai Global on the Platform to facilitate the performance of tasks and operations defined within this Subscription Agreement. These include; BackOffice use, AI Assistant, Commissions, Campaigns, Promotions, and Discount Packages and Coupons that Partner E-Commerce Companies can use on their shopping sites.
Subscriber: Refers to the individual or legal entity that subscribes to the Platform under this Subscription Agreement with Sagai Global and benefits from the services offered on the Platform.
Visitor: Refers to the natural person who can explore the Platform without subscribing but cannot benefit from the services.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. In order to obtain Subscription status, the user wishing to subscribe must, by accepting this Agreement, correctly, fully, and promptly fill in the information requested on the Platform and ensure that the Subscription application is evaluated and approved by Sagai Global. The user wishing to subscribe must be at least 18 (eighteen) years of age, meet any additional requirements specified by Sagai Global, and fulfill the necessary conditions under the applicable legislation.
The Subscriber declares and undertakes that the personal and other information provided by them is correct, complete, and up to date according to the laws, and that they are solely responsible for any damage arising from inaccurate, incomplete, or incorrect information, and that they will fully and immediately indemnify Sagai Global for any losses caused by the falsity of this information. In the event of any discrepancy, Sagai Global reserves the right to limit, block, suspend, or terminate the Subscriber’s subscription either partially or entirely. The Subscriber shall immediately update their information if any changes occur.
By accepting the Subscription Agreement, the Subscriber acknowledges and undertakes that they also accept all Services, contents, applications, and all statements made to the Subscribers on the Platform now or in the future.
3.2. The Subscriber may not share the email and password chosen during registration with any other person or entity. The right to use the password belongs exclusively to the Subscriber. The security and confidentiality of the email address and password used by the Subscriber during registration, as well as the security of the Subscription account and related information and ensuring that this information is not shared with third parties and is kept confidential, are entirely the responsibility of the Subscriber. The Subscriber acknowledges, declares, and undertakes that Sagai Global will bear no responsibility for any damages arising from the unauthorized access or use of this information by third parties. In the event of any suspicion regarding password usage and/or the security of the Subscription account and password, Sagai Global reserves the right to limit, block, suspend, or terminate the Subscriber’s subscription either partially or entirely, without prejudice to any claims, lawsuits, and legal actions. The Subscriber acknowledges and undertakes that any transactions performed with their email and password will be considered as performed by them, and that they will be solely responsible for any liability arising therefrom, including all claims and demands that may be made against Sagai Global by third parties or authorities. The Subscriber agrees to indemnify Sagai Global for any damages or losses it may incur.
3.3. The Subscriber agrees and undertakes to act in compliance with the provisions of applicable legislation, this Subscription Agreement, all conditions stated on the Platform, and ethical rules while using the Platform. Otherwise, all legal and criminal liabilities arising will be solely and exclusively the responsibility of the Subscriber.
3.4. The Subscriber agrees not to use the Platform in any unlawful or unethical manner, particularly in the following cases:
- Engaging in activities that prevent or complicate others’ use of the Platform and services (such as spam, viruses, trojans, etc.), or using harmful technology on the Platform, the Platform’s database, or any content on the Platform.
- Using the Platform for any illegal or fraudulent purposes.
- Creating a Subscription, database, registry, or directory in the name of another person.
- Using the Platform to disrupt, modify, or reverse engineer the entire Platform or a part thereof.
- Making transactions using false information or someone else’s details, creating fictitious Subscription accounts with false or misleading information, including incorrect residential address, email address, communication, payment, or account details, and using these accounts in a manner contrary to this Agreement or applicable laws, or accessing another Subscriber’s account without authorization, or participating in transactions or actions under a false name.
- Spreading viruses or any other technology that may harm the Platform, its database, or any content on the Platform.
- Collecting information, including email addresses, about other Subscribers without their consent, or using others’ data on other platforms.
- Engaging in activities that create unreasonable or disproportionate loads on the communication and technical systems of the Platform, or damaging the technical operation of the Platform, or using “screen scraping” software or systems such as automatic programs, robots, web crawlers, spiders, data mining, and data crawling without the prior written consent of Sagai Global, and copying, publishing, or using any content from the Platform without authorization.
- Using the Services, discounts, campaigns, and advantages offered on the Platform with malicious intent or for unfair gain, and violating campaign conditions with ill intent.
3.4.1. The Subscriber is obligated to carry out transactions on the Platform in a way that will not damage the technical operation of the Platform. The Subscriber acknowledges and undertakes that they will take all necessary precautions, including using protective software and licensed products, to ensure that all information, content, material, and other content provided to the Platform does not contain any harmful programs, viruses, software, unlicensed products, trojans, etc. The Subscriber further agrees not to access the Account Page using automated methods such as robots.
3.4.2. The Subscriber agrees and undertakes to use the Platform and its content, materials, and elements in accordance with this Agreement, the Platform rules announced by Sagai Global, applicable legal provisions, and ethical rules. The Subscriber acknowledges that any unlawful use will be their sole responsibility, and in case of any misuse detected by Sagai Global, at its sole discretion, Sagai Global has the right to limit, block, suspend, or terminate the Subscriber’s subscription either partially or entirely, while reserving all rights to take legal action.
3.5. The opinions, thoughts, and comments declared, written, and used by Subscribers on the Platform are entirely their personal views, and Sagai Global has no responsibility for these opinions, thoughts, and comments. Any requests made to Sagai Global will be forwarded to the owner of the respective opinion, thought, or comment, and Sagai Global reserves the right to claim any damages from the owner of the opinion, thought, or comment.
3.6. If a Subscriber violates any of the provisions listed in this Subscription Agreement, they will be personally responsible for any criminal or legal consequences of such violations and will hold Sagai Global harmless from the legal and criminal outcomes of the violations. Moreover, if the issue is taken to court, Sagai Global reserves the right to claim compensation from the Subscriber for not complying with the Subscription Agreement.
3.7. Sagai Global reserves the right to terminate the Subscriber’s Subscription at any time, unilaterally. The Subscriber agrees, in advance, that they will not object to Sagai Global exercising this right.
3.8. The Sagai Global brand, logo, software, design of the Platform, and all other intellectual property rights related to these elements, such as trademarks, logos, slogans, and similar content, are owned by Sagai Global. These are protected by industrial property rights and/or other intellectual property laws, and they cannot be used, acquired, or altered by the Subscriber without authorization. If the Subscriber violates the intellectual property rights of Sagai Global or third parties, Sagai Global reserves the right to claim any damages arising from such violation.
3.9. The Subscriber acknowledges and agrees that Sagai Global may collect information such as the Internet Service Provider’s name, Internet Protocol (IP) address, date and time of access to the Platform, pages accessed during the visit, and the Internet address of the website that directly links to the Platform, as part of improving the Platform or in accordance with legal requirements.
3.10. While Sagai Global takes reasonable precautions to protect the Platform from viruses and other malicious software, the Subscriber is responsible for providing their own virus protection system and ensuring the safety of their own software and operating systems. The Subscriber assumes full responsibility for any errors or consequences that arise directly or indirectly from accessing the Platform.
3.11. Sagai Global reserves the right to change the content of the Platform or discontinue any services provided at any time.
3.12. Sagai Global reserves the right to change, update, or cancel the terms and conditions of this Subscription Agreement at any time without prior notice. Any amendments, updates, or cancellations to the terms will take effect as of the publication date and will be binding for all Subscribers.
3.13. Sagai Global has the right to cancel any subscription or order that is suspected of fraud, without prior notice to the Subscriber. The Subscriber has no right to make any claims against Sagai Global for such cancellations.
3.14. Sagai Global processes and protects the Subscribers’ personal data in accordance with the Personal Data Protection Law. Detailed information about how personal data is processed and protected can be found on the Platform.
3.15. In accordance with applicable legislation, Sagai Global may, if required by authorized authorities, share the Subscriber’s data with these authorities, after informing the Subscriber in advance and complying with the relevant data transfer rules.
3.16. Sagai Global may, if necessary, share personal data collected during the Subscription process or shopping with other Subscribers involved in disputes, provided that it is related to the issue at hand and in accordance with data transfer rules, with prior notification to the affected individuals.
3.17. The Subscriber agrees that any content they upload or provide to the Platform (including personal data, information, photos, videos, ideas, comments, ratings, and correspondence) will:
- Be in compliance with the Subscription Agreement, Platform rules, relevant laws, and ethical standards.
- Not infringe upon the rights of third parties, including intellectual property and privacy rights.
- Not be used for any illegal, immoral, or misleading purposes, nor will it violate intellectual property rights, promote criminal activity, or constitute unfair competition. The Subscriber acknowledges that Sagai Global is not obliged to monitor the content uploaded by the Subscriber. However, Sagai Global reserves the right to review, alter, delete, or block access to any content that violates this agreement.
3.18. Sagai Global has taken reasonable precautions to ensure that the content, materials, and features on the Platform are free from harmful software, but makes no guarantees regarding the absence of viruses, bugs, or other harmful materials. The Subscriber is responsible for taking necessary precautions to prevent damage to their devices or systems.
3.19. Sagai Global has taken reasonable measures to ensure the accuracy, security, and availability of the Platform and its content. However, Sagai Global provides the Platform “as is” and does not offer any guarantees regarding its functionality.
3.20. The Platform may contain links to third-party websites or applications. Sagai Global does not provide any guarantees regarding the content, accuracy, security, or functionality of these external websites or applications and is not responsible for any damages arising from their use.
3.21. Sagai Global reserves the right to reject Subscription applications, terminate Subscriptions, or impose additional terms and conditions without providing a reason. Any changes, additional terms, or policies announced after the Subscriber’s Subscription will be binding from the moment they are published on the Platform.
3.22. The Subscriber may terminate their Subscription at any time without providing a reason. The Subscriber may request account closure by submitting a written application, and after the request is received by Sagai Global, the account will be processed according to Sagai Global’s procedures. After the account is closed, the Subscriber will not be able to reuse their account or reclaim any rights or benefits associated with it.
3.23. Sagai Global, at its sole discretion, may remove, change, update, suspend, or terminate the Platform or any services provided through it at any time. Sagai Global has no responsibility for any damages resulting from these actions.
4. RETURN POLICY
4.1. The Subscriber should be aware that they can always review the Return/Cancel Procedure document available on the Platform for further information regarding the conditions and their rights related to the return/cancellation procedure. If the Subscriber wishes to cancel their subscription, they must send their petition, signed in wet ink, to the registered email address: [email protected].
4.2. The Subscriber can request a return/cancellation within 7 days from the date they created their subscription. In this case, the Subscription license fee can be refunded in full, without any deductions.
4.3. The Subscriber can terminate their subscription at any time. The subscription will automatically terminate at the end of the calendar month in which the petition was submitted. Additionally, the Subscriber may continue to benefit from the subscription services until the end of the calendar month in which the petition was submitted.
4.4. Discount Packages and Campaign Coupons purchased for use on Partner E-Commerce Company pages are not subject to return, as they are forwarded to the partner E-commerce companies.
5. TERMINATION OF THE AGREEMENT
5.1. Either party may unilaterally terminate this Subscription Agreement at any time without compensation. In the event of such termination, both parties will fully fulfill any rights and obligations arising until the termination date.
5.2. Sagai Global has the right to suspend or terminate the subscription, or initiate legal proceedings, if it determines or reasonably suspects that the Subscriber has violated any provision of this Subscription Agreement.
5.3. If the Subscriber fails to pay the subscription fee for three consecutive months, the subscription will automatically be terminated.
6. CONFIDENTIALITY AND PERSONAL DATA PROTECTION
6.1. Sagai Global attaches importance to the processing, security, and protection of the Subscriber’s personal data provided through the Platform in accordance with the principles of Confidentiality and Personal Data Protection and relevant laws. In this regard, Sagai Global collects, uses, transfers, and processes the Subscriber’s personal data in accordance with the Privacy and Personal Data Protection Clarification Text and Cookie Policy available on the Platform.
6.2. The Subscriber should be aware that they can always review the Privacy and Personal Data Protection Clarification Text available on the Platform to learn more about the conditions of personal data usage and their rights in this regard. Furthermore, the Subscriber may contact Sagai Global via email at [email protected] from the registered email address in their Subscription account or by following the application methods outlined in the Clarification Text, to request detailed information regarding their personal data being processed and to exercise their rights under privacy laws.
6.3. Personal data shared by the Subscriber to create a Subscription or to benefit from the Platform will be processed by Sagai Global or its partners in accordance with the Personal Data Processing Clarification Text and Cookie Policy to fulfill the obligations defined in the Subscription Agreement, operate the Platform, provide various advantages, process payment transactions, deliver services, handle customer service and complaints, conduct advertising, sales, marketing, surveys, profiling, and statistical studies. These personal data may also be shared with Sagai Global’s affiliates to communicate with the Subscriber for offering personalized advantages, sales, marketing, and similar activities in compliance with the laws on Confidentiality and Personal Data Protection.
6.4. Sagai Global ensures that personal data under this Subscription Agreement is processed in compliance with the relevant laws, including Confidentiality and Personal Data Protection laws, and that it is secured and protected. Sagai Global processes and shares the personal data it obtains during the formation and execution of this agreement for the purposes of providing the services outlined in this agreement, executing payments, improving Subscriber satisfaction, ensuring account security, addressing fraud, disputes related to the misuse of the Platform, and resolving any legal conflicts.
6.5. The Subscriber accepts that Sagai Global reserves the right to update the Privacy and Personal Data Protection Clarification Text in line with changes in applicable laws or company practices.
6.6. Upon termination of the Subscription Agreement or closure of the Subscription account, personal data, the processing and retention of which are no longer necessary, will be deleted in accordance with legal requirements. However, personal data that must be retained by law will continue to be processed by Sagai Global until the purpose of its processing ceases.
7. COMMISSION PLAN
7.1. The Subscriber may earn commissions by acquiring new Subscribers for the Platform or by acquiring new customers for Partner E-Commerce companies under the Commission Plan provided by Sagai Global.
7.2. The Subscriber should be aware that they can always review the Commission Plan available on the Platform to obtain more information regarding the conditions and their rights in this regard.
7.3. The Subscriber understands that in order to receive the commissions they are entitled to; they must submit a withdrawal request. The requested commission amount will be transferred to the Subscriber’s bank account or cryptocurrency wallet on the designated payment days. The Subscriber is responsible for paying any Income Tax due on the commissions earned to the relevant tax authorities. Sagai Global assumes no responsibility or liability in this regard.
The section you’ve provided is part of a subscription agreement, outlining various terms and conditions between the subscriber (referred to as “Abone”) and Sagai Global. Here’s a summary of the key sections:
8. Commercial Electronic Messages
- 8.1: Sagai Global can send promotional emails or SMS if the subscriber agrees, using the subscriber’s provided contact details.
- 8.2: Subscribers have the right to refuse or withdraw consent for receiving such messages.
9. Intellectual and Property Rights
- 9.1: Sagai Global owns all intellectual property related to the platform, including trademarks, logos, software, and any other content. Subscribers retain ownership of content they upload but grant Sagai Global a license to use it.
- 9.2: Subscribers cannot use Sagai Global’s intellectual property without permission.
10. Changes to the Agreement and Waivers
- 10.1: Sagai Global reserves the right to modify the agreement and policies at any time. Changes become effective immediately and are binding without additional approval from the subscriber unless required by law.
- 10.2: Waivers of rights must be formalized with signatures. Failure to act on a right does not waive future use of that right.
11. Force Majeure
- Force majeure events (such as natural disasters, war, or technical failures) can excuse Sagai Global from fulfilling obligations under the contract.
12. Miscellaneous Provisions
- 12.1: The agreement remains in force until terminated by either party.
- 12.2: The subscription fee is $105 for the initial license, and $10 per month thereafter. Non-payment leads to loss of service access and automatic termination after three months of non-payment.
- 12.3: Any disputes will be settled in London, UK.
- 12.4: By subscribing, the subscriber agrees to all terms and conditions.
- 12.5: Electronic communications and records serve as binding evidence in disputes.
- 12.6: Notifications will be sent via the subscriber’s registered email or phone.
- 12.7: Sagai Global can offer promotions and campaigns.
- 12.8: If part of the agreement is deemed invalid, the rest remains in effect.
- 12.9: The subscriber cannot transfer their rights or obligations to third parties.
- 12.10: Not using a right doesn’t waive the right for future use.
- 12.11: Sagai Global’s rights and powers are cumulative and can be exercised together.
- 12.12: The version of the agreement in case of translation conflicts will be the version governing the relationship.
- 12.13: This clause indicates that the agreement consists of 12 sections, and the subscriber (Abone) has read, understood, and electronically accepted all of its provisions. Once the agreement is approved, it becomes effective indefinitely, meaning there is no specific end date unless terminated by either party in accordance with other clauses in the contract.
In essence, it confirms that the agreement is legally binding as soon as the subscriber agrees to it electronically and will remain in force until it is either cancelled or modified according to the terms laid out in the contract.