CINEMAFON INVESTMENT AGREEMENT
ARTICLE 1: PARTIES
1.1. CINEMAFON
NAME: Cinemafon Limited
TAX OFFICE:
TAX ID NUMBER:
ADDRESS: Suite E3080, 82a James Carter Road, Mildenhall, Suffolk, United Kingdom, IP28 7DE
E-MAIL: info@cinemafon.com
1.2. USER
FULL NAME:
ADDRESS:
E-MAIL:
ARTICLE 2: DEFINITIONS
In the body of this AGREEMENT,
ARTICLE 3: SUBJECT AND SCOPE OF THE AGREEMENT
3.1. This AGREEMENT and other rules on the WEBSITE regulate the terms and conditions regarding the services offered by CINEMAFON and the rules regarding investing by purchasing FUND from the WEBSITE, in addition to the USER AGREEMENT accepted by the USER. It is deemed that the USER undertakes to comply with this AGREEMENT from the moment they approve this AGREEMENT by purchasing FUND through the WEBSITE or starts using the WEBSITE to purchase FUND after membership. If the conditions are not suitable for you, please do not use the WEBSITE and the services offered, and do not purchase FUND.
3.2. CINEMAFON is only a platform, it is not the commercial/intellectual and industrial property owner or producer of the FILMS on the WEBSITE. CINEMAFON is not obliged to check the content provided by the producer, real and legal persons, and to investigate whether there is an illegal activity or situation related to this content and the goods or services subject to the content.
3.3. Since this AGREEMENT contains investment terms and conditions for the USER who wishes to purchase FUND through the WEBSITE, in addition to the USER AGREEMENT approved by the USER at the time of membership to the WEBSITE, it is an annex and inseparable part of the USER AGREEMENT and it will have provisions and results together with the USER AGREEMENT for the investing USER.
ARTICLE 4: FUND PURCHASE CONDITIONS
4.1. Any USER who is a member of the WEBSITE and is at least 18 years old and has the power to appeal can become an INVESTOR by filling in the information requested in the registration form correctly and completely in accordance with the terms of this AGREEMENT and purchasing FUND. The USER can purchase more than one FUND at the same time through a single member account.
4.2. In order to purchase FUND, the information requested in the fund purchase form and the bank information to be reimbursed by CINEMAFON must be provided completely, accurately and clearly, and the content must be up-to-date and in accordance with the conditions specified in this AGREEMENT and USER AGREEMENT. CINEMAFON is not obliged to check the accuracy and up-to-dateness of the said information. The bank information specified in the fund purchase form must belong to an account opened in the name of the USER, and the USER cannot request a refund to the bank account belonging to someone else. CINEMAFON shall not be liable in case of inability to make a refund due to inaccurate, missing and inaccurate information specified in the fund purchase form. Responsibility for damages incurred by CINEMAFON, other users or third parties due to incorrect or incomplete information in question belongs only to the USER.
4.3. FILMS that are open for FUND sales will be announced on the WEBSITE and the USER will be able to purchase FUND only for the FILMS which are open for FUND sales. In order to become an INVESTOR by purchasing FUND on the WEBSITE, the USER must purchase at least 10 FUNDs.
4.4. The sales price of each FUND will be specified in the fund sales form, and CINEMAFON is solely authorized to determine, change or increase the sales prices of the FUND. If the USER receives FUND at different times, even for the same FILM, they will make the purchase over the FUND price determined by CINEMAFON on the date of purchase of the FUND. The USER accepts, declares and undertakes that they cannot make any objections or demands regarding the change, increase or decrease of the FUND price by CINEMAFON after purchasing the FUND.
4.5. CINEMAFON has the right of recourse to the USER or INVESTOR for any and all judicial and administrative fines and/or compensation that it may have to pay for any reason due to the purchase of funds by the USER or INVESTOR.
4.6. In case of non-compliance with the terms of this AGREEMENT or for any other reason, it causes harm to CINEMAFON or a third party, USER accepts, declares and undertakes that they will be solely responsible for the consequences, both legally and criminally, and will compensate any damages that may arise for this reason and CINEMAFON has the right of recourse for any judicial and administrative fines and/or compensation that they will have to pay for this reason and that they will pay the price related to the use of these rights immediately, in cash and in full.
4.7. If an investigation is initiated or a trial is heard about the USER before, during and after the service, due to any criminal behavior or other reasons, CINEMAFON will share all the information and documents in its possession with the relevant judicial authorities upon request.
4.8. CINEMAFON does not guarantee the accuracy, completeness or usefulness of any information on the WEBSITE or accept or endorse the accuracy or reliability of any ideas, advice or explanations given by any person displayed on the WEBSITE, or accept no responsibility for this reason. The fact that the contents are published by CINEMAFON does not eliminate the irresponsibility of CINEMAFON and does not affect the sole responsibility of the author.
4.9. CINEMAFON reserves the right to remove any illegal or prohibited content on the WEBSITE, to terminate the membership of the violators in question, and to terminate this AGREEMENT by deducting the profit paid, if any, of the investment.
ARTICLE 5: PAYMENT OF FUND PURCHASE FEE
5.1. The USER will transfer the fund purchase price for the number of FUND they prefer in the fund purchase form, via the payment institution with which CINEMAFON has a contract, via the ONLINE PAYMENT SYSTEM, via bank card, credit card or a similar payment tool, online or via wire or EFT to the bank account notified by CINEMAFON.
5.2. When payment is made via ONLINE PAYMENT SYSTEM, WIRE or EFT, the USER will have the title of INVESTOR, and the details of the FUND they have purchased and the repayment plan will be sent to the e-mail address they have notified to CINEMAFON. The INVESTOR has accepted and declared that CINEMAFON is not obliged to issue documents such as receipts or invoices in return for service.
5.3. The INVESTOR accepts that CINEMAFON has the authority to store the credit card information in the contracted payment institution system and to share it with the system operators, to the extent permitted by the legislation.
5.4. In cases where the payment institution with which CINEMAFON cooperates is an intermediary for the ONLINE PAYMENT SYSTEM, the fulfillment of the obligations stipulated by the relevant legislation and the responsibility belong to the relevant payment institution. If agreed with the payment institutions for the ONLINE PAYMENT SYSTEM, CINEMAFON is only obliged to send the necessary instructions to the relevant institution for the payment/return of the relevant fees.
5.5. It is the responsibility of the relevant payment institution to keep and keep the INVESTOR's information and all other necessary information in a secure manner and to perform the transactions in a secure manner. CINEMAFON is not responsible for any problems that may occur in the contracted payment institution system.
ARTICLE 6: PAYMENT OF THE DIVIDEND AND FUNDS TO THE INVESTOR BY CINEMAFON
6.1. Upon purchasing the FUND, the INVESTOR will make a profit of 72% of the fund purchase price paid, provided that they remain in the system for 12 months. The 72% profit obtained will be paid monthly by CINEMAFON within a period of 12 months to the bank account registered in the name of the INVESTOR, which the INVESTOR has correctly and completely declared in the fund purchase form. The payment schedule regarding the payment to be made will be notified to the INVESTOR as specified in article 5.2.
6.2. The INVESTOR will have the option to choose whether to return the fund purchase price or to continue to earn profits by staying in the system, in the 12th month after the 72% profit value related to the FUND purchased by the INVESTOR is paid to the INVESTOR on a monthly basis within a 12-month period. A notification will be sent to the e-mail address notified by the INVESTOR to CINEMAFON regarding this right of choice, and it will be informed that if they want to receive a refund of the fund purchase price, they must reply to the e-mail and send their request, and if they wish to remain in the system, they must click the link in the e-mail to accept the current investor agreement and terms and choose from the FILMS open for sale of funds.
6.3. In case the INVESTOR wishes to get the fund purchase price refunded, CINEMAFON shall pay the entire fund purchase price paid by the INVESTOR to the bank account registered in the name of the INVESTOR, which is also specified in the fund purchase form. With the return of the fund purchase price to the INVESTOR in the 12th month after the 72% profit fee paid monthly within a 12-month period, the INVESTOR will have left CINEMAFON's fund system and lost their INVESTOR title, but the USER title will continue within the scope of its membership. If the USER wishes, they may re-buy FUND from the FILMs open for sale by filling in the fund purchase form and accepting the current investor agreement and terms. The earnings from the purchase of funds will be sent to the USER's accounts specified in the membership information.
6.4. In the event that the INVESTOR continues to stay in the system by not receiving a refund of the fund purchase price, they must accept the current investor agreement and terms and choose from the FILMS that are currently open for fund sales. After the INVESTOR accepts the terms of the contract and makes a FILM selection, a repayment plan will be sent for the fund purchase price at CINEMAFON, pursuant to article 5.2, and the process will begin again in article 6.1 and the following.
ARTICLE 7: INVESTOR'S MINIMUM TIME IN THE SYSTEM
7.1. The INVESTOR's minumum time in the fund is a minimum of twelve months.
7.2. The INVESTOR will be able to exit the system by receiving monthly dividends for twelve months from the date of entry into the system by receiving funds and at the end of the twelfth month by receiving the principal.
7.3. In this case, CINEMAFON shall pay the remaining amount to the bank account registered in the name of the INVESTOR, specified in the fund purchase form, from the fund sales price paid by the INVESTOR, with the deduction of the profits paid to the INVESTOR until that time.
ARTICLE 8: TRANSFER OF THE AGREEMENT AND DEATH OF THE INVESTOR
8.1. The INVESTOR will personally fulfill all its rights and obligations under this AGREEMENT, and cannot transfer or assign these rights in any way, and cannot demand the payment of profits or fund sales to a third party for any reason whatsoever.
8.2. In the event that the INVESTOR dies at any time during the period in which the profit and fund sales price will be paid to the INVESTOR pursuant to Article 6, the rights regarding the INVESTOR's profit and fund sales price will be transferred to their legal heirs. CINEMAFON shall not be liable to pay any interest/profit fee or fund sales price to any person until the date when the certificate of inheritance showing that the INVESTOR is legal heirs and the bank account information of the heirs registered in their name is presented to it. In case the certificate of inheritance is submitted, CINEMAFON will make payments to the bank accounts of the legal heirs of the INVESTOR, registered in their names, in proportion to their inheritance shares. If profits are paid as of the date of the INVESTOR's death, CINEMAFON will continue to pay profits from where they left off. In case the 12-month profit fee payment process is completed or the fund sales price is to be paid as of the date of the INVESTOR's death, after the fund sales price is paid to the legal heirs in proportion to their inheritance shares, this AGREEMENT shall be deemed to be terminated automatically, without granting the optional right in Article 6.2 due to the death of the INVESTOR.
ARTICLE 9: FORCE MAJEURE
9.1. Natural disasters, war, mobilization, fire, strike, lockout, epidemic, etc. that occur in such a way and to a degree that the working opportunities of both or one of the parties are partially or completely, temporarily or permanently and situations that occur outside the control of the parties, such as decisions taken by the government, are considered force majeure for both parties.
9.2. If any of the parties cannot fulfill their obligations arising from the AGREEMENT on time and/or properly due to the force majeure mentioned above, it shall notify the other party in writing within 15 (fifteen) days following the occurrence of the force majeure. In this case, the party affected by force majeure shall be exempt from fulfilling its obligations under this AGREEMENT until the force majeure disappears.
9.3. In the event that the force majeure lasts for more than 3 (three) months, one of the parties has the right to terminate the AGREEMENT unilaterally, unless otherwise agreed in writing.
ARTICLE 10: DATA RETENTION AND EVIDENCE AGREEMENT
10.1. User information etc. registered in the CINEMAFON system are kept for at least 3 (three) years.
10.2. The parties declare, accept and undertake that in disputes that may arise from this AGREEMENT, the commercial books and records of CINEMAFON and the data stored in CINEMAFON systems will accept conclusive evidence in any dispute.
ARTICLE 11: AMENDMENT TO THE AGREEMENT AND THE ENTIRE AGREEMENT
11.1. CINEMAFON has the right to unilaterally change or amend the AGREEMENT in order to ensure the continuity of its services, to meet future technical requirements or to comply with the legislation. In case of any change, CINEMAFON will publish the current terms of use on the WEBSITE with a new date update under the same link, and will notify the INVESTOR and submit it for approval, if necessary, via e-mail or mobile push notification. The updated current AGREEMENT will be effective from the moment it is published on the WEBSITE and the use of the WEBSITE or its services will be subject to the terms of the renewed contract from that moment on.
11.2. Unless a written waiver signed by the officials of the party waiving their rights in the AGREEMENT is given to the other party, neither party will be deemed to have waived any of their rights in the AGREEMENT.
11.3. The negligence or delay of one of the parties in fulfilling any of its rights and obligations arising from the AGREEMENT shall not mean tacit acceptance.
11.4. If any part of this AGREEMENT is deemed unlawful or invalid, such contradiction or invalidity does not affect other provisions of the AGREEMENT, other provisions continue to be valid and remain binding on the parties.
ARTICLE 12: ADDRESSES, NOTICES AND NOTIFICATIONS
12.1. The addresses declared by the parties in this AGREEMENT or the address notified by the INVESTOR to the WEBSITE while becoming a member are legal notification addresses. If the parties do not immediately notify the other party in writing of the changes to be made in the address, they accept, declare and undertake that a valid notification made to the addressee will have all legal consequences, even if the sent notification is returned.
12.2. The e-mail address provided by the parties to the WEBSITE in this AGREEMENT or by the INVESTOR while becoming a member will also be considered as a valid address in terms of written notifications and these notifications will be binding between the parties.
ARTICLE 13: APPLICABLE LAW AND COMPETENT COURT
13.1. Turkish Law shall be applied in the interpretation of this AGREEMENT, determination of all kinds of obligations arising from the AGREEMENT, resolution of disputes and all other matters.
13.2. Istanbul Çağlayan Courts and Enforcement Offices are the competent jurisdiction for resolving disputes arising from this AGREEMENT.
ARTICLE 14: ENTER INTO FORCE
14.1. This AGREEMENT will remain in effect until the date when the fund sales price is returned to the INVESTOR within the framework of Article 6 and unless a new agreement is presented to the INVESTOR by CINEMAFON, and will be abolished upon the return of the fund sales price to the INVESTOR.
14.2. This AGREEMENT consisting of 14 (fourteen) articles have been accepted by the parties, and the AGREEMENT has entered into force from the date the INVESTOR accepts this AGREEMENT electronically.
The AGREEMENT has been concluded electronically by the INVESTOR/USER, they are accepting and undertaking the conditions and all kinds of obligations specified in the CONTRACT electronically verified.