Please read this document carefully. It contains sensitive information regarding your rights, obligations and website access and use.
WEBSITE OPERATOR AND DEFINITIONS
This website is operated by Aktay Tourism registered in Turkey and located at the address İkitelli OSB Mahallesi Özak Caddesi 34Portall Plaza No:1 D:16 Başakşehir / İstanbul / Turkey for correspondence concerning website.
Services refers to every function, facility, application, information or other services (including ISP (internet service provider and/or internet access), if exists) offered on this website.
Rules refer to this document of terms and rules.
User refers to anyone who accesses and uses this website whether by permission of Aktay or not, subscribed to use this website or part of it or not, or a subscribed member of a Service offered on this website or not.
Aktay is the owner, administrator and only authorized addresses of Ela, Ela Excellence Resort Belek and www.elahotels.com website. It is the commercial organization that determines the Terms and Rules you read in this document.
User Content refers to various information and other forms of content given to Aktay, or entered or uploaded via the Ela Resort website or by other means, like images, videos and other audio and video materials, graphics, documents and datafiles, information on real and other persons, messages, e-mails and other forms of communication, files, texts, opinions, customization settings and other information.
This website or site or Ela Excellence Resort Belek Website refers to the web site (homepage and other pages) or other information and/or groups of applications managed by Aktay and accessed through PCs, laptop computers, mobile phones, PDAs, digital cameras, televisions and other devices with network connection using physical connections or wireless networks (including internet and networks accessed through wireless application protocols or similar (wap, wifi, GPRS, 3G) access technologies) and through which these Rules are sent or explicitly referenced for Users’ acceptance. Any statement pointing to this website or site also points to all related wap sites. Some other rules are outlined in the text below.
ACCESS TO AND USE OF THIS WEBSITE
Any person who access to Ela Excellence Resort Belek Website as either a registered or unregistered visitor, browse the site or download part of it or leave a message at the site or make an upload or use this site and its content in any other way accepts the following Terms (it is effectively a contract between the person of concern and Aktay), without any change, and the all provisions of relevant laws.
If your access to this website or any part of it or any Service requires payment of a certain subscription fee, Aktay can reject or cancel access upon non-payment or late payment of these fees. User is responsible for obtaining the relevant hardware and licensed software needed for access to this site and Services and pay all communication (and other network) fees).
Access to this site or Services may be limited to a certain number of times and/or duration in a given period of time. This site or parts of this site may include adult content. You have to be of 18 years of age (and declare it) to be able to access this content. If you allow access of children to this site, you are responsible for supersvising this access and determine which content and Services are suitable for children and which are not. Note that it possible that private information of children may be learnt by others through this site or certain sections of it. User agrees not to access this site by tools other than standard internet browsers.
These Rules may include rules regarding functions and Services not accessed on or offered (and have no such purpose) by this site. If these Rules relate only to such a function or Service they will have no validity and this will not affect validity of other terms.
OTHER TERMS, RULES ETC.
These Terms are in addition to any terms that the User should honour under a distribution, licence or sale agreement, or other relevant agreements and terms. Where this site or part of this site contains rules, guidelines, codes of conduct, further terms or other directives to Users, Users agree and undertake that they shall also comply with these rules and guidelines. In the event of any conflict or inconsistency regarding the various rules, terms and alike, these Terms shall prevail. If you do not agree to any of these Terms (or any such other rules, guidelines etc.), you cannot use this site.
These Terms may contain provisions related to functionalities or Services that are not (and are not intended to be) available through this site. If any provision of these Terms relates specifically to such functionalities or Services, they shall have no validity and shall not affect the validity of the other provisions.
SUBSCRIPTION OR CHARGE BASED CONTENT AND/OR SERVICES
Some or all Site content and/or Services available on or through this site may be offered subject to your purchase of a subscription or payment of a one-time fee.
If you choose to use subscription-based content/Services and apply to Ela Resort Website, you represent and warrant that you are at least 18 years old, that all information that you submit is true and valid (including without limitation your credit card number and expiration date), and you agree to pay the subscription fee and all applicable taxes.
You may cancel your subscription/membership to any fee-based content and/or services by contacting Aktay (subject to any applicable minimum notice or initial contract period and to any applicable terms regarding availability/unavailability of refunds for unused periods).
Unless otherwise explicitly stated in other applicable terms, where subscription fees, access charges or other fees including one-time charges are charged in respect of Services or access to, or download of content from, this site (Fees), Fees shall be payable by Users in advance at the time, by the means of payment and at the rates stipulated by Aktay.
Fees are subject to change at any time. Ela Resort will make commercially reasonable effort to inform Users who subscribe for Fee-based content and/or Services of any such change in advance.
When User chooses via or in connection with this site to download or receive content for which Fees are payable (such as, without limitation, certain mobile phone ringtones, screen savers, background wallpaper designs or games), User represents and warrants that his or her access/receiving device supports such download/receipt and that it is compatible with the format of the requested content. After download/sending of such content (1) Fees paid in advance shall not be refunded, and (2) subject to any explicit limitations, you may save the content on the destination device for which it was intended but you are strictly prohibited from saving it elsewhere, editing or modifying it, copying, distributing or forwarding it to third parties or allowing third parties to access it. The provisions of these Terms relating to Site content (as defined below) shall also apply to any such sent/downloaded content.
USER REGISTRATION AND LOGIN/LOGOUT
To post, upload or download materials, communicate via and to access this site, Services, resources and certain or all Site content (defined below), User may be asked to provide registration details and login. It is a condition of use of this site, Services and Site content that all registration details User provides are and will remain true, correct, current and complete.
You agree to notify Aktay immediately of any changes which are relevant to your registration. Notification should be made to the address or e-mail address of Aktay given on this site or in these Terms above.
If Aktay believes the details are not correct, up-to-date, or complete, or if Aktay otherwise in its discretion believes such action would be appropriate (including where it suspects the registration of more than one accounts/User profiles by the same individual), it has the right to refuse User's access to the site, and/or any of its resources, Services and Site content, and to terminate or suspend User's account (if any).
Where you login in order to gain access to this site or a part of this site, where Aktay provides a 'log-out, 'exit' (or similar) option, you undertake to logout and exit from your account at the end of your session. Aktay reserves the right to logout logged in Users whose accounts are inactive for a long period of time.
If one of the Services you access via this site is access to the internet itself (e.g. ISP Service), when you are connected, in order to preserve quality of service for our users as a whole Aktay reserves the right (1) to disconnect you from the Service if your connection to the Service is idle or in any event after 15 minutes or such other time limit as we choose in our discretion, and/or (2) to limit the total number of Users connected to the Service simultaneously and/or the duration for which a User may be connected in one session.
PASSWORDS AND ACCOUNT DETAILS
User is responsible for maintaining the confidentiality of his or her password, account number, ID and other details (if any) and for all activities under User's account. Any unauthorised use of User's account or other breach of security should be reported to Aktay immediately. Your registration and/or subscription is exclusive to you and you may not disclose or make available your account name, ID or password to others. Any disclosure by you of your account name and password may result in termination of your registration and/or subscription and, where you register for fee/subscription-based content/Services, such termination shall be without refund and may be subject to additional charges based on unauthorised use.
CHANGES IN THE SITE AND THESE TERMS
Aktay and/or other providers may make changes at any time without notice in products, supports, Services, Auxiliary Programs, and all kinds of content, prices and/or other Site content (including these Terms) published on Ela Resort site.
Aktay may announce changes to these Terms (or other Site content) by displaying notices on this site or other communication means. Users who access this site after changes have been posted on the site or otherwise communicated, shall be bound by such changes as soon as such notices or new Terms are posted to the site or otherwise communicated, even if User does not visit the page on which the change or new Terms are displayed. Frequent review of this site and these Terms is therefore recommended. Aktay cannot be held responsible for information/document/text and all kinds of content kept on various cache servers that are out of date.
PERMITTED OR PROHIBITED USE OF THIS SITE
Access to, and use of this site, including viewing, downloading, reproducing, displaying, posting and publishing: - data, graphics, images, photographs, designs, descriptions, information, and text - video, audio, music, and sound compilations - utilities, software (including applets and any software made available to Users in connection with, or to facilitate access to, any subscription or restricted access area or Service associated with this site) and software compilations, drivers and other auxiliary tools (defined below) - the contents of any e-mail newsletter or similar communication sent by or on behalf of Aktay in relation to this site and/or User's registration or subscription - and other content on this site (together, Site content), which has been originated and provided directly by Aktay, Aktay Solution Partners, and product, support and service providers to Ela Resort/Aktay, is prohibited unless specifically permitted in these Terms. This applies to displaying by screen capture, reflection, Projection and electronic, mechanical, photocopying, recording, creation of derivative works or otherwise.
Aktay gives limited, non-transferable, non-exclusive, revocable permission for User to access and make personal, non-commercial use of this site and Site content as a support and communication resource for purposes specified in this site only. User may electronically copy and print in hard copy Site content for these purposes, provided that all copyright and proprietary notices (where present) are retained on Site content.
Any other use of Site content including reproduction for purposes other than those noted above, modification, distribution, transmission, downloading of Site content (other than page caching), republication or reverse engineering - without the prior written consent of Aktay - is prohibited (except to the extent such prohibition is prohibited by applicable law). Without limitation, permission to use Site content does not include - resale or commercial use or distribution of Site content - collection and use of any product, support or service listings, descriptions, or prices - derivative use of this site or Site content (including framing) - downloading or copying of account information for the benefit of another merchant - any use of data mining, robots, or similar data gathering and extraction tools - any use of Site content on any other website, server or networked computer environment - or any use of Site content which suggests an association with any Aktay or Aktay Solution Partners’ products, support or services, except as explicity provided by written agreement between relevant parties.
User shall not use this site or the Services in a way that breaches these Terms (or their spirit) or any applicable law or regulations (including those relating public communications networks) or that causes or is likely to cause any damage, interruption or impairment of this site or the Services. User may not attempt to gain unauthorised access to any part of this site, other User accounts or any computer systems or networks connected to this site, whether through hacking, password mining or any other means. User may not collect or attempt to collect personal information relating to others through this site.
COPYRIGHT-OWNERSHIP OF THE SITE CONTENT
Aktay does not transfer title to any Site content downloaded or used by User. Site content, selection and arrangement is owned entirely by Aktay and is protected by copyright and other laws.
Limited permission to use Site content (for the purposes stated in the preceding section) is specifically conditioned on User's observance of all copyright, trademark and other proprietary notices in Site content, and all general and intellectual property rights of Aktay. User shall not have any ownership rights in any e-mail address, URL or other personal identifier that may be allocated to, or chosen by, him or her for the purposes of any Services available through this site and User's limited rights to use such identifier/address shall continue only for so long as User's registration/User account remains valid for access to this site or the relevant Service. After termination of such validity by Aktay for any reason, Aktay shall be free to use and/or allocate to other Users any such identifier/address.
Any unauthorised use or copying of Site content, or use of Site content which breaches these Terms (or their gist) may violate trademark, copyright and other proprietary rights, and civil and criminal statues. Users shall not use any Site content (or any other content made available through this site) in any manner that infringes any trademark, copyright or other proprietary rights. Aktay reserves all rights with respect to such unauthorised use or breach of these Terms
"Ela Resort, Ela Quality Resort" are registered trademarks of Aktay, Inc., Turkey.
All trademarks, logos, website addresses, product or model names or derivations (all together Aktay / Ela Quality Resort Belek trademarks) that describe Aktay or support or services or that contain the word "Ela", “Ab-ı Hayat”, “Ab-ı Zen” that are included in Site content are trademarks and/or the property of Aktay or Ela Quality Resort.
Any list of Aktay/Ela Quality Resort (or other) trademarks on this site is periodically updated but shall not be taken as an all-inclusive list of Aktay (or other) trademarks.
Any use of Aktay/Ela Resort marks or derivations thereof (except as expressly authorised by Aktay in writing) is strictly prohibited.
All other product and company names mentioned in this site under the topic Corporate/Solution Partners may be the trademarks of their respective owners.
USER CONTENT-UPLOADED OR PROVIDED INFORMATION/MATERIAL
By uploading User content to this site or sending or making available User content to other Users or Aktay and Ela Resort Belek, pursuant to or by reason of site, Services or Site content use or otherwise, User automatically grants Aktay, Ela Resort Belek and their designees a perpetual, royalty-free, irrevocable, and non-exclusive right and license to use (including commercial use and exploitation), copy, sub-licence, reproduce, modify, adapt, publish, translate, publicly perform, display and distribute User content (including any ideas, concepts, know-how or techniques contained therein), and create derivative works from and incorporate User content (or any part thereof) into any form, medium, or technology now known or later developed throughout the world (or approves that owner of such User content is explicitly stated). In addition, User warrants that it has the rights necessary to grant such licence and that all so-called "moral rights" in any User content have been waived. All User content will be considered non-confidential, not subject to any use restrictions. User content will not be subject to any obligation of confidence on Aktay’s part.
However, this section does not apply to any personal information submitted by a User which identifies him or her. This will be processed only as provided in the personal data section of the data or registration submission form of this or related Aktay websites, elsewhere in these Terms and any other terms and conditions which apply specifically to any relevant transaction (if any) between User and any Aktay Affiliate.
PROHIBITED AND RESTRICTED USER CONTENT
Inappropriate postings or communications
Aktay prohibits the transmission, distribution, dissemination, uploading, posting, submission, sharing and storage on, via or through use of this site (together, uploading) of User content which it considers (in its sole discretion) to be inappropriate or distasteful.
Such User content includes (without limitation) communications with - pornographic, profane, sexist, homophobic, defamatory, deceptive, vulgar, obscene or offensive content - ethnic, racist or religious slurs or derogatory epithets - advocation of violence, hate or unlawful activity - depictions of child abuse, child pornography or sexually suggestive poses - advertisements, surveys and contests - price-sensitive information relating to publicly listed securities – harmful to national interests, or contain insults to national values and personalities - and material that could give rise to any civil or criminal liability under any laws.
User shall not advertise or offer to sell or buy any goods or services for any business purpose.
Aktay reserves the right (but does not accept any obligation) to delete or restrict Users' access to relevant Site content and/or User content and/or to pass relevant User content and/or information relating to User (including personal information) to any appropriate authority where User content is uploaded in breach or suspected breach of any of these Terms (or their spirit or other applicable rules or terms) or any applicable law or regulations, without any requirement for any claim or complaint to be formally commenced or proved.
Materials Protected By Copyright Or Other Intellectual Property Rights
Aktay prohibits the uploading of content that contains music, software, images (still or moving), literary or artistic works or other material protected by intellectual property laws (or that may infringe others' intellectual property rights), unless the User owns or controls the exclusive rights thereto or has received all required consents (which the User warrants if such content is uploaded). Aktay prohibits the use of actual or suspected copyrighted materials or counterfeit materials.
Except for personal information of a User submitted by that User for registration / human resources / Reservation and Guestbook / Ela Card / Contact information or (if applicable) personal information relating to other natural persons known to a User for inclusion in that User's online address book, uploading of any User content which discloses personal or private information concerning any individual or entity, including telephone number(s), e-mail or physical addresses, User account numbers, passwords and financial information is prohibited.
Where personal information relating to, or images of, another natural person are uploaded by a User for inclusion in that User's online address book, photo album (or for any other purpose), the User warrants that such person (the data subject) has given his or her consent to such submission and to the data processing that this involves and any other usage of such User content contemplated by these Terms or on this site.
'Spam' And Upload Of Destructive Materials
All forms of 'spam', mass or junk e-mail, including uploading or sending multiple unsolicited submissions to different discussion groups, mailing lists, and all activities that facilitate spam, are prohibited on or via this site.
Aktay prohibits the uploading of computer programs, files and other materials that contain destructive or disruptive features such as viruses, corrupted files, 'hidden' files (such as image files with audio files embedded), worms, trojan horses, or bots for the use of scrolling, showing multiple screens, and other activities that can be disruptive to website integrity or functioning or online communication generally.
REVIEW OF USER CONTENT BY AKTAY
Through Ela Resort Website, Aktay merely offers a 'venue' for Users to access certain specified services, auxiliary applications and/or information. Aktay cannot and does not undertake to screen, review, edit, censor or otherwise filter or control User content or the behaviour of Users of User content or Site content.
However, Aktay may review all User content that has been or will be uploaded to Ela Resort Website either by manual or automated means. Aktay reserves the right (but disclaims any obligation) to reject, not post, not use, remove, amend, deny access to and/or delete any User content, without notification, which it, in its sole discretion, considers to be inappropriate or distasteful or otherwise in breach of these Terms (or their spirit) and without any requirement for any complaint or claim in respect of the relevant User content to be formally commenced or proved. Aktay retains the right (but is under no obligation) to co-operate with any law enforcement authorities or in response to court and other official requests directing that Ela Resort /Aktay disclose the identity of anyone posting User content.
STORAGE AND LOSS OF USER CONTENT
Where Aktay provides e-mail facilities, web hosting or other services via this site involving the provision of computer storage space, or in relation to other relevant Services, Aktay reserves the right to impose and vary limits and/or restrictions (temporary or otherwise) on the use of the Service, including, without limitation, limits on the storage provided by reference to storage space (e.g. a maximum total limit and/or a maximum per file/e-mail size limit), time/age of files (e.g. e-mails older than 180 days), number and/or size of files (e.g., a maximum number of e-mails that may be sent from, stored within or received by your account), amount of data down- or uploaded or any other criteria Aktay may specify. Without limiting the following paragraph, material which exceeds any such limit may be deleted or not accepted for such storage. Users may not re-sell any storage space offered through this site.
Aktay shall not be liable for any loss, deletion, removal or failure of delivery to the intended recipient of User content uploaded to this site, whether caused by computer virus, unauthorised access or otherwise. Users are encouraged to retain a back-up copy of all User content and Users undertake that they shall do so in respect of all uploaded User content. Aktay reserves the right to deny access to this site and delete User content at any time without notice.
WARRANTIES REGARDING SITE SERVICES AND SITE CONTENT
Aktay gives no Warranty that Site content is appropriate, available or permitted for use in all locations, that it is virus-free or as to its interoperability with any hardware, software or content or as to User's ability through this site to access or interact with any other service providers, networks, users, or informational or computing resources through the internet. Those who access this site and use Site content and/or Services are responsible for compliance with all applicable law and regulations, including any applicable local laws.
Although Aktay has attempted to verify the accuracy, reliability and currency of all Site content, including (as applicable) product, services, support and other details and descriptions obtained from third parties, Aktay gives no Warranty as to the accuracy of any statements in this site. Any materials, products, support, services or information at or referred to in this site may be out of date. Aktay makes no commitment to update Site content. Aktay disclaims any liability or responsibility for any errors or omissions in Site content (except insofar as such disclaimer would be inconsistent with its warranties and other terms and conditions related to product or service sales by Aktay). Any decisions related to information contained in Site content (or User content) are User's sole responsibility.
Aktay gives no Warranty that functions or Services available through and other User interactions with the site will be constantly available, uninterrupted, secure or error-free, that defects will be corrected or that this site or the server that makes it available are free from viruses or other harmful components. Aktay assumes no responsibility, and are not liable for, any damage to (or loss of data from), or viruses that may infect, your computer equipment or other property on account of your access to, or use of this site including downloading any images, software or other Site content. If use of Site content results in the need for servicing, repair or correction in equipment or data, User assumes all costs in that regard.
Information in Site content (and User content) does not constitute legal, professional, financial or medical advice and should not be relied upon. Site content containing forward-looking statements or statements of intention should not be relied upon. Aktay its right not to act in accordance with any such statements. Where applicable law prohibits or limits Aktay’s exclusion of Warranties as set out above, Aktay excludes, disclaims and limits such Warranties only to the maximum extent permitted by applicable law.
NO LIABILITY-SITE CONTENT
Aktay / Ela Resort and all other persons involved in creating, producing, hosting or delivering Site content shall not be liable for any direct, indirect, special, incidental, consequential or punitive damages, including in respect of loss of data, loss of profit, business interruption or time incurred or damages of any other nature (including arising out of negligence and other torts) that result from the use of, or the inability to use, Site content, even if Aktay or an authorised representative has been advised of the possibility of such damages.
PERSONAL INFORMATION, PRIVACY AND COOKIES
By submitting information via this site or any related registration process on the phone:
* You consent to the processing of data personal to you, such as your name and title, address, telephone number, contact details and other personal details ("Personal Data"), in accordance with the terms notified in the "Personal Data" (or similarly entitled) part of the registration/data input form or telephone registration process for this site.
* You acknowledge that the processing of your Personal Data is necessary and/or desirable for the personalisation of your visit to this site and/or the granting and controlling of access to this site or parts thereof to registered Users or paying subscribers and you consent to such processing.
In certain circumstances Aktay may seek additional personal information such as photocopies of identification documents or credit cards for example for identity verification or fraud prevention purposes. Where such additional information is submitted to Aktay in connection with this site, it shall also be regarded as "Personal Data".
Aktay may share or transmit Personal Data to other Aktay companies and relevant divisions in Aktay / Ela Resort Affiliates. Aktay will not disclose Personal Data to entities and persons (third parties) other than Aktay / Ela Resort Affiliates without your consent, except in the cases below.
Personal Data may be disclosed to third parties to enable (1) the performance of contracts you are party to or for other purposes specified in these Terms or in the "Personal Data" (or similarly entitled) part of the registration/data input form or telephone registration process for this site; or (2) compliance with legal obligations to which Aktay / Ela Resort Affiliates are subject.
Where Personal Data is provided in connection with transactions connected with this site involving payments (such as payment for subscriptions), Aktay may transmit Personal Data to third parties who are credit/fraud probability assessment agencies or who are otherwise involved in crime prevention, in order to process the acceptability of your tendered credit card or other payment methods or to combat crime, and/or to credit card and other payment processing agencies. Personal Data transmitted to those third parties may need to be transferred to national and international organizations and centers for processing and related purposes.
Other than these, Aktay may use, process and disclose without restriction any anonymous or generic data (including statistics) in which you cannot be identified.
Aktay does not assume, and excludes all, responsibility for rectifying or deleting Personal Data which has been transferred (with your consent) to certain agencies such as credit or fraud probability assessment, and payment processing agencies, who require and/or assume control of that data.
Aktay accepts no liability for any incorrect credit or other assessments generated by such third parties or any other consequences (including adverse credit ratings) of Personal Data disclosed and used as contemplated in the "Personal Data" (or similarly entitled) part of the registration/data input form or telephone registration process for this site, and these Terms.
By accessing Ela Resort Website, User accepts and agrees that Aktay, Aktay / Ela Resort Affiliates or its service providers may send cookies (small pieces of data placed on your hard disk drive when you access a website or a certain part of a website) to your computer or other access device in order to personalise your visit to this site and/or to learn more about your use or browsing habits while visiting this site. The cookie may contain personal information about you and may be a persistent or single session cookie.
Users are responsible for provisions of Website Terms and Rules of Use. All national and international legal, commercial sanctions and punishments shall be undertaken by Users and shall be liable for indemnifying persons and organizations undergoing damage.
Without limitation to the generality of the above indemnity, User releases, indemnifies and holds harmless Aktay, Ela Resort and their officers, agents, employees and service providers in respect of claims, liabilities, costs (including legal fees), expenses, demands and damages (direct, indirect or consequential) of any nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, howsoever incurred by any of them arising out of or in any way related to:
- Delays, errors and losses during transmittin forms filled in through the site by the User;
- any prohibited or restricted User content uploaded by User or any use of this site by User (including prohibited or restricted site use by User);
- any loss, deletion, removal, corruption or publication of User content uploaded by User; or
- any unauthorised use of User's account or compromise of User account security through a failure to maintain the secrecy of User account passwords or other security details, and all related occurrences.
HYPERTEXT LINKING TO AND FROM THIS SITE (URL/HTML Link)
You must seek and obtain the written consent the operator of this site before creating any link to this site. Deep linking is strictly prohibited. All authorised links to this site must be to the home page of the site, must make it clear that this site and the Site content are distinct from the website containing the link and must make it clear that this site is owned and/or operated by Aktay /Ela Resort Quality Belek.
Aktay or third parties (with consent as above) may provide, hypertext links to and/or from other internet websites or resources. The inclusion of such links in this website is for convenience only and does not imply endorsement by Aktay of the other website or any association with the operators of that site. Aktay encourages discretion when browsing its or external websites and resources. Some websites may contain or link Users to websites containing information that may be considered inappropriate or offensive. Other websites may send their own cookies to Users, collect data and/or solicit personal information.
User's visiting of any external websites via links from this site is entirely at User's own risk. Aktay has not confirmed the accuracy or reliability of any information in external websites or resources linked or accessed via this site, or which link to Ela Resort Website(s). Aktay shall not be responsible or liable for any content, advertising, products, support, services or other materials on or available from such external websites or resources. Aktay shall not be responsible for the accuracy, copyright compliance, legality or decency of material contained in external websites or resources. Aktay shall not be responsible for, and disclaims all warranties, express and implied, as to, the accuracy, validity, legality, copyright compliance, decency or otherwise of any materials or information contained in external websites or resources. Aktay shall not be liable, directly or indirectly, for any damage or loss caused or allegedly caused by the use of or reliance on any content, products, support or services available on or through any external websites or resources.
Without limiting the above, Aktay does not make any representations or warranties as to the security of any information (including credit card and other personal information) a User might be requested to give any third party through linked websites. User cannot claim against Aktay with respect to such matters.
TERMINATION OF MEMBERSHIP/SUBSCRIPTION
Except in relation to a Service or access for which a subscription fee is payable, User may terminate its privileges to use Services on this site and other Site content, at any time by destroying all Site content downloaded from this site, and all copies, wherever located or installed. User's right to use services on this site and other Site content will terminate immediately with or without notice in Aktay’s sole discretion if User fails to comply with any of these Terms.
Where a subscription or other fee is payable by User in respect of access to and use of this site or a Service, User must inform Aktay in writing (or by other expressly authorised means) of his or her desire to terminate the subscription. In the absence of any express contrary provision relating to User's ability to terminate or the period for termination, User shall be entitled to terminate a subscription Service upon giving Aktay at least one full calendar months' notice of such termination.
Aktay may terminate User's access to or registration through this site if User's account is not accessed or if User does not log-on during any period of 3 months or more (or such other period designated by Aktay).
Aktay also reserves the right to terminate User's access to this site and/or its account in Aktay’s discretion at any time without cause (subject to the refund of any amounts paid in advance by User in respect of such access in accordance with the applicable terms). In such circumstances, Aktay will make commercially reasonable efforts to send notice of termination to Users at their last notified contact address or e-mail address.
On termination, User must cease use of, and destroy all copies it holds of Site content and Aktay may remove and/or delete all such User's User content, except where a perpetual licence has been granted by Aktay to use certain Site content in return for a fee which has been paid. Without limiting Aktay’s general freedom to delete, or deny access to, User content for any reason, following termination Aktay shall have no obligation to maintain any User content or to forward any messages to you or any third party.
If any provision of these Terms is held to be unenforceable, the unenforceable provision shall be deemed to be replaced by a valid, enforceable provision that most closely matches the intent of the original provision. This shall not affect the validity or enforceability of the remaining provisions.
Without prejudice to the disclaimers and liability limitations in these Terms, no claim or action against Aktay may be brought by any person in relation to or arising out of this site or use of this site unless such claim or action is commenced and notified to Aktay in writing within 1 week after the date the cause of action first arose.
Aktay / Ela Resort employees and agents are not authorised to change these Terms. Nothing said by any sales or customer relations person on behalf of Aktay / Ela Resort should be understood as a modification of these Terms or as an authorised, legally binding representation about this site or the nature or quality of products or Services displayed or other Site content. The headings in these Terms are for convenience only and shall have no effect on the construction of these Terms.
Calls to any customer telephone helplines related to, or referred to in, this site may be monitored for training and quality control purposes.