On the one hand, INCIFER İBİŞ (hereinafter referred to as the "Disclosure Party") located at Bağdat Caddesi 62/13 Kadıköy and on the other hand Kobisi.com located at the address of İTÜ Teknokent ARI 4 Maslak (hereinafter referred to as the "Accepting Party") have signed this Confidentiality Agreement (hereinafter referred to as the "Agreement") by reaching full agreement on the conditions.
Since the negotiations between the parties regarding the "İncifer e-commerce site" project are ongoing and the information to be disclosed during the implementation of this project (hereinafter referred to as the "Project") is sensitive and confidential due to the content of this project, the Parties agree to an agreement as stated below. reached:
Unless otherwise stated in this Agreement, "Confidential Information" shall mean any commercial and technical information regarding the Project, including but not limited to the following:
“Customer information, all sales figures, costs, financial figures, cost tables, any information that can be learned about IT, costs, profit, sales, services, products, product development, payment information, account information, bank information, any other kind of information. financial information, personnel, work and service information, order details, pricing, salary policies and levels, operating methods, technology, ideas, inventions, know-hows, brands, logos, patents, software, source codes, intellectual and industrial property rights, Any written or verbal information and/or document related to trade secrets, technical processes, formulas, plans, designs, licenses and permits, drawings, schemes, models, projections, expense items, business plans of the Disclosure Party”
Confidential Information will be provided by the Disclosure Party to the Receiving Party only for the purpose of evaluating and implementing the Project, not for any other purpose. This Agreement does not mean that the Parties will mutually agree, cooperate and sign an agreement as a result of the evaluation of the Project.
With respect to the disclosure of Confidential Information, the Receiving Party undertakes to keep all Confidential Information in the utmost confidentiality, and unless otherwise specified in this agreement, this information, including photocopy or other reproduction, may be used by third parties without the prior written consent of the Disclosing Party. shall not be bought, sold or traded, stored in the database, published or otherwise disseminated to any person.
The Receiving Party acknowledges that Confidential Information is valuable property of the Disclosing Party. The Receiving Party will not use or store this Confidential Information or any part thereof for any purpose other than the limited purposes set forth in this Agreement, unless the Disclosing Party has given its consent expressly and in writing beforehand.
Except as otherwise permitted by this Agreement, the Receiving Party shall take every precaution to prevent the disclosure of such Confidential Information to a Third Party and shall be liable to the Disclosing Party for any direct damages resulting from unauthorized disclosures by a person receiving Confidential Information under this Agreement. undertakes to be responsible.
The Receiving Party is a third party professional advisor, bank, financial institution, legal adviser or agent other than its employees or Affiliate employees who are retained by the Receiving Party and need this Confidential Information for the expressly stated limited purposes of this Agreement. will limit their access to Confidential Information and will require each such person to accept and comply with the terms of this Agreement.
Unless otherwise agreed, the Receiving Party shall promptly return the original documents of Confidential Information, any electronic documents to the Disclosing Party, and irreversibly destroy all copies, upon request or upon completion of the commercial purpose, whichever occurs first. . The Receiving Party shall ensure that all copies and reproductions of Confidential Information in its possession or any other party to which the information has been disclosed will be destroyed.
In addition to and without prejudice to Article 7 above, the Receiving Party may disclose Confidential Information without the prior written consent of the Disclosing Party only if such information meets the following criteria:
Where the information is legally at the disposal of the Receiving Party and has not been directly or indirectly received from the Disclosing Party before the disclosure, without any limitation on its disclosure and use,
In the event that the information was received from a third party after the signature of this Agreement, without any limitation regarding its disclosure and use, and it was not obtained directly or indirectly from the Disclosing Party,