Last Update : 19-01-2024
Full version of Terms and Conditions
Welcome to Beauticket APP (hereinafter referred to as the “APP”, “We”, “Us”, “Our”), owned and operated by Light teknoloji dış ticaret ve sanayi limited şirketi with tax number 6081085961 which indicates the assurance of its credibility and correctness in the legal and financial system of the Türkiye.
(Hereinafter referred to as “the Company”). The APP is offered to users (hereinafter referred to as “You” or “Your”) for download conditioned on user’s acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).
BY CLICKING ON THE “ACCEPT” BUTTON AT THE END OF THE AGREEMENT, USERS AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS. WHEN YOU DOWNLOAD THIS APP, YOU AGREE TO ACCEPT THESE TERMS AND CONDITIONS OF USE.
Our APP provides an online platform/venue for its users to browse through the various categories of Service Providers listed on the APP and avail the services of any Service Provider as per its requirement.
IN USING THIS APP, YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE APP ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY DOWNLOADING AND USING THIS APP AND/OR UNDERTAKING TO PERFORM A SERVICE INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.
“Beauticket APP” means the e-commerce marketplace application via which users can view the profiles of the Service Providers and avail the services of the Service Providers as per their requirements.
“User/You/Your” means an individual who downloads our APP and registers/creates an account on our APP so that it can list, sell and buy products by interacting with other users on the APP.
“Services” means an online facility of listing the services of various Service Providers, which can be availed by the customers.
“Account” shall mean the accounts created by the Users on our APP in order to use the Services provided by our APP and requires information such as name, address, contact number etc.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“User Content” means all content that a user submits or transmits to us through email, feedback, comments and messages on our APP.
“Our APP Content” shall mean all the Content that our APP makes available through the Services, including any Content licensed from a third party.
“Collective Content” means User Content and our APP Content.
The official language of these terms shall be English.
The headings and sub-headings are merely for convenience purposes and shall not be used for interpretation.
You may download, use the Service only if you are at least eighteen (18) years of age and can form a binding contract with us, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.
Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. Any person under the age of eighteen (18) years accessing the APP should do so only under parental guidance. Our APP reserves the right to terminate your membership and refuse to provide you with access to the APP if we discover that you are under the age of 18 years. The Service is not available to any Users previously removed from the Service by us, unless we provide such Users with specific written authorization to re-use the Service. Unauthorized Users are strictly prohibited from accessing or attempting to access, directly or indirectly, the APP. Any such unauthorized use is strictly forbidden and shall constitute a violation of applicable state and local laws.
If you use our APP on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
You must not be a competitor of our APP or use our Service for reasons that are in competition with us or otherwise to replicate some or all of the Service for any reason.
Our APP may, in its sole discretion, refuse to offer access to or use of the APP to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the APP is revoked in such jurisdictions.
Except where additional terms and conditions are provided which are services specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms.
It is mandatory for the users to create an account on our APP in order to use our services.
In order to avail our services, you shall be required to create an account with us. In order to create an account and register with us you shall either create an account with us or you may register with us by using your valid account on a social networking service (“SNS”) such as Facebook Twitter or Google accounts (each such account, a “Third-Party Account”).
If you access the Services through a SNS, you may link your Account with Third-Party Accounts, by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the APP.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.
If you choose to register with us directly then you must register for an account with us (an “Account”) and provide certain personal information such as name, email address, contact number and password.
You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account.
You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You agree to provide and maintain accurate, current, and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
When creating an Account, don’t:
Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
Use a username that is the name of another person with the intent to impersonate that person;
Use a username that is subject to rights of another person without appropriate authorization; or
Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at [email protected] (email address).
You may not transfer or sell your APP account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Our Services are not available to temporarily or indefinitely suspended Users. Our APP reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our APP reserves the right to refuse service to anyone, for any reason, at any time.
One individual/entity can own only one account in his/her/its name.
Our APP provides an online platform wherein the various Service Providers will list their services and their store-related details under specific categories as per their expertise and then accordingly the customers can log in to their account browse the APP and avail the services of the Service Providers as per its requirements.
In order to avail the services of a particular Service Provider, the customer will have to log in to its account and accordingly it will place its request of booking which will be accepted by the APP and accordingly the Service Provider whose bid will be accepted by the users will be allot the task. The task allotment will be based upon the availability of the Service Provider. The Service Provider may accept the allotment immediately or it will suggest an alternate schedule.
The payment for the services will be made in advance in the manner as stipulated in section 6 of the present Agreement. There are two other ways of making the payment as well and applicable only in these scenarios which are as follows:
The users will be given an APP wallet wherein the money can be stored in the form of “Credits” which can be utilized for the purchase on the APP.
Both the Customer and the Service Provider shall coordinate with each other in order to avail and provide the services to each other and such coordination shall be done only through the communication platform provided through the APP. The APP reserves the right to remove the users and the Service Provider if either of them is found dealing with each other by any means not acceptable to the APP.
DISCOUNT CODE AND COUPON:
The APP provides various discount codes and coupons that can be used by the users either during the purchase on the APP or at the specific stores of our participating service providers depending upon and subject to the various terms and conditions stipulated along with the discount code and coupons.
The user is must make payments on the APP through valid credit or debit cards accepted on the same.
Users expressly agree and acknowledge that our APP may employ or collaborate with third-party payment gateways using secure connections in order to facilitate, distribute, transact, and receive payments for the services offered and received on or through our website.
Our APP reserves the right to change or replace the payment gateway at its sole discretion without any reservation whatsoever. Our APP may store and process card and bank information necessary to collect payments from Users. All transactions are completed through third-party payment gateways. At no point, our website or app assumes any liability for any loss of data, wrongful payment, or invalid payment processing by such a third party.
Users agree that they will hold our APP harmless against any such dispute or legal claim. We shall not be responsible for delays or erroneous transaction execution due to payment issues. We shall however strive to work with our payment gateway partner to investigate any payment issues.
RESCHEDULE AND CANCELLATION:
If you wish to reschedule your Appointment in whole or in part after you have received a Confirmation, you may do so through the Beauticket Platform from message or by contacting the relevant Partner directly.
Note that you can ask the service provider to change the time if it is 24 hours before the scheduled time, otherwise the service provider will not be obliged to change the time for you, but you can make your request through chat. Announce, if the service provider approves, you can schedule a new appointment with the service provider.
Before confirming your appointment on the Beauticket platform, you should review and understand the cancellation policy. Please note that your ability to reschedule an appointment is subject to partner availability during the time you wish to reschedule.
If you wish to cancel your Appointment, you may do so through either Live support chat from the Beauticket app, or support email: [email protected].
You may only cancel an Appointment through the Beauticket Platform provided that your Appointment is not due to take place within 24 hours.
If you cancel an appointment less than 24 hours before the appointment, you will not be entitled to any refund. In this case, support will send your request to the service provider. In case of agreement, the amount will be refunded to your wallet in the application.
If the appointment is canceled by the service provider, the full amount will be returned to your wallet.
If the cancellation is done by the support or the provider and you have used a coupon or discount code, you may send a message to support to receive a new coupon.
Note that if you make a reservation in the Beauticket application, you have accepted the terms and conditions related to service cancellation policy, and Beauticket does not accept any responsibility or obligation other than these conditions.
YOU AGREE AND CONFIRM:
That you will use the services provided by our APP, its affiliates, and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the APP.
You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point in time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Services of our APP and/or other affiliated APPs without prior intimation whatsoever.
That you are accessing the services available on this APP and transacting at your sole risk and are using your best and prudent judgment before entering into any dealings through this APP.
It is possible that the other users (including unauthorized/unregistered users or “hackers”) may post or transmit offensive or obscene materials on the APP and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the APP, and the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the APP you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the APP. Please carefully select the type of information that you publicly disclose or share with others on the APP.
You agree that you will not:
Restrict or inhibit any other user from using and enjoying the Interactive Features;
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
Post or transmit any information, software, or other material which violates or infringes on the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
Post or transmit any information, software, or other material which contains a virus or other harmful component;
Alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access our APP;
Claim a relationship with or speak for any business, association, institution, or other organization for which you are not authorized to claim such a relationship;
Violate any operating rule, policy, or guideline of your Internet access provider or online service.
We reserve the right to charge you for the services in the near future if there is a significant change in our business model. We shall inform you about any such change by amending our User Agreement. You agree that the Company reserves the sole right to change its business model and charge for the services being provided herein.
You agree not to hold us responsible for the deficiency in services provided by the Service Provider. If you are not satisfied with the services of the Service Provider then you can review their services through our system and we shall take appropriate actions against them but the contract of service is solely between you and the Service Provider and we shall not be held liable for any deficient services of the Service Provider.
You agree that the offers listed on the APP are for a limited time frame of 90 days or as stipulated by the provider and you shall not claim to redeem any offer once it is expired. If you fail to use the offers listed on the APP within the timeframe as stipulated, then you cannot claim to use such offers once the same have expired. Any claims to use the offers beyond the validity date shall not be entertained by us.
YOU AGREE THAT THE OFFERS, COUPONS, VOUCHERS PURCHASED BY YOU ON THE APP ARE FOR YOUR OWN PERSONAL USE AND NOT FOR THE PURPOSE OF RETAIL or RESALE. ANY SUCH SALE OR PURPORTED SALE SHALL BE NULL AND VOID AND SHALL CONSTITUTE BREACH OF THE PRESENT AGREEMENT. THE COMPANY SHALL HAVE THE RIGHT TO INITIATE APPROPRIATE LEGAL PROCEEDINGS AGAINST THE USER INVOLVED IN SUCH TRANSACTIONS.
YOU MAY NOT USE THE APP FOR ANY OF THE FOLLOWING PURPOSES:
Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
Transmitting material that encourages conduct that constitutes a criminal offense result in civil liability or otherwise breaches any relevant laws, regulations, or code of practice.
You shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers;
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic devices, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the APP or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the APP or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the APP. We reserve our right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the APP, or any other systems or networks connected to the APP or to any server, computer, network, or to any of the services offered on or through the APP, by hacking, password “mining” or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the APP or any network connected to the APP nor breach the security or authentication measures on the APP or any network connected to the APP. You may not reverse look-up, trace, or seek to trace any information of any other User or visitor to the APP, or any other customer, including any account on the APP not owned by You, to its source, or exploit the APP or any service or information made available or offered by or through the APP, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the APP.
You shall not make any negative, denigrating, or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of our APP or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the APP or our systems or networks, or any systems or networks connected to us.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the APP or any transaction being conducted on the APP, or with any other person’s use of the APP.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the APP or any service offered on or through the APP. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Interfering with any other person’s use or enjoyment of the.
Breaching any applicable laws;
Interfering or disrupting networks or web APPs connected to the APP.
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our APPs, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our APPs, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months or to modify or discontinue our APP services. We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through a group of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Further, we prohibit the transmission, distribution, or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit, debit cards, calling cards, User account numbers/ passwords or similar financial information, and home phone numbers or addresses. Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages (from any party) related to such exposure.
All right, title and interest in and to the APP (excluding postings/content provided by the users) is and will remain the exclusive property of our APP and its licensors. The APP service is protected by copyright, trademark, and other laws of Turkey Nothing in these Terms gives you a right to use the name of the APP or APP’s trademark or logo, or any other trademarks, logos, domain names, or other distinctive brand features relating to the APP or located on the APP.
Some of the features of this APP or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions/Content”), or (b) literary, artistic or other content, including but not limited to photos and videos. User Content includes all content submitted through your Account. By posting or publishing User Content to this APP or to the Services, you represent and warrant to us that (i) you have all necessary rights to distribute User Content via this APP or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.
All reviews, comments, and feedback, submitted or offered to us on this APP or otherwise disclosed, submitted, or offered in connection with your use of this APP (collectively, the “Comments”) shall be and remain our property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display, and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the APP will not violate this policy or any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the APP will be or contain libelous or otherwise unlawful, threatening, abusive, or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”.
The users should not denigrate, defame or make negative reviews against the Service Provider solely because of its personal vendetta or for any other reason. The user agrees to provide true and honest reviews of the services.
You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it. With Respect to User Submissions, you acknowledge and agree that:
User Submissions are entirely voluntary;
User Submissions do not establish a confidential relationship or obligate us to treat User Submissions as confidential or secret.
We have no obligation, either express or implied, to develop or use User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of User Submissions.
We shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this APP, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this APP for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
You may upload to any area of the APP or otherwise transmit, post, publish, reproduce or distribute, on or through our APP only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on our website, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as “Copyright owned by [Beauticket]; Used by Permission.” By submitting Content to any Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to us the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit us to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content.
INTELLECTUAL PROPERTY RIGHTS:
Our APP, our suppliers, and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, and other materials, which appear on this APP. Access to this APP does not confer and shall not be considered as conferring upon anyone any license under any of our APP or any third party’s intellectual property rights. All rights, including copyright, in this APP, are owned by or licensed to us or third-party suppliers. Any use of this APP or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our APP. You cannot modify, distribute or re-post anything on this APP for any purpose.
The APP names and logos and all related services and our slogans are the trademarks or service marks of our APP. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained in this APP. Access to this APP does not authorize anyone to use any name, logo, or mark in any manner.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips, and written and other materials that are part of this APP (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the APP for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the company or any related software. All software used on this APP is the property of our APP or its suppliers and is protected by the copyright laws of Turkey Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this APP is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, and/or other intellectual property owned, controlled, or licensed by our APP, one of its affiliates, or by third parties who have licensed their materials to us and are protected by copyright laws of turkey. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this APP is the exclusive property of our company and is also protected by the Copyright laws of Turkey.
We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
If you believe in good faith that any material used or displayed on or through our APP infringes your copyright, you (or your agent) may send us a notice at [email protected] requesting that the material be removed, or access to it blocked, please provide us with the following information:
a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
identification of the copyrighted work claimed to have been infringed;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Your contact information, including your address, telephone number, and email address; a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and that You are authorized to act on behalf of the copyright owner.
You should assume that everything that you see or read on this APP is copyrighted unless otherwise noted and may not be copied, reproduced, distributed, modified, published, downloaded, posted, or transmitted in any way, without the prior written consent of our APP or other copyright owners, EXCEPT: You may print copies of the material for your personal, noncommercial use only, provided that you do not delete or change any copyright, trademark, or other proprietary notices. Unless otherwise indicated, all marks displayed on our APP are subject to the trademark rights of our APP, including our name and Logo, corporate logos, and emblems. Modifying, distributing, or using for any purpose the material in any of our apps that is copyrighted or otherwise protected under intellectual property laws directly violates our intellectual property rights. The material contained in this APP is copyrighted, is protected by worldwide copyright laws and treaty provisions, and is provided for lawful purposes only.
Users agree to defend, indemnify and hold harmless our APP, its employees, directors, officers, agents, and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our APP or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
We may, at any time and without notice, suspend, cancel, or terminate your right to use the APP (or any portion of the APP). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the APP affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the APP, and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
Without limiting the foregoing, we may close, suspend or limit your access to your Account:
if we determine that you have breached, or are acting in breach of, this User Agreement;
if we determine that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights;
if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
you do not respond to account verification requests;
to manage any risk of loss to us, a User, or any other person; or
For other similar reasons.
In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
Users acknowledge and agree that the availability of the APP is dependent on the APP Store from which users received the APP license. Users acknowledge that the Terms are between users and us and not with the APP Store. Our APP, not the APP Store, is solely responsible for its Properties, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). In order to use the APP, users must have access to a wireless network or other internet-enabled networks, and users agree to pay all fees associated with such access. Users also agree to pay all fees (if any) charged by the APP Store in connection with the Company Properties, including the APP. Users agree to comply with, and their license to use the APP is conditioned upon their compliance with, all applicable third-party terms of agreement (e.g., the APP Store’s terms and policies) when using the Company Properties, including the APP. Users acknowledge that the APP Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
At some point, we may wish to update the APP. The APP is currently available on Android and IOS (and for any additional systems we decide to extend the availability of the APP to) may change, and you’ll need to download the updates if you want to keep using the APP. We do not promise that it will always update the APP so that it is relevant to you and/or works with the Android version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, we may also wish to stop providing the APP and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the APP, and (if needed) delete it from your device.
GOVERNING LAW AND JURISDICTION:
This Agreement shall be governed by and constructed in accordance with the laws of Turkey International Financial Center, without regard to its choice of law principles.
The parties’ consent to exclusive jurisdiction and venue in the courts sitting in Turkey International Financial Court.
DISPUTE BETWEEN YOU AND US:
In the interest of resolving disputes between you and us in the most expedient and cost-effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
The venue for arbitration shall be Turkey Financial or IT legal Courts.
The language used in Arbitration shall be English and the award of the arbitration shall be binding on both, you and us.
DISPUTE BETWEEN USERS ON THE APP:
If there is a dispute between users on this site, we or our APP shall be under no obligation to become involved. In the event that You have a dispute with one or more Users in regard to anything be it transactions, disagreement as to price, listing, advise, etc. You hereby release us and our officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
The APP is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the download and use of the APP.
We make no warranty that the Services or APP will meet your requirements or that the Services or your access to the APP will be uninterrupted, timely, accurate, or reliable; nor do we make any warranty as to any information that may be obtained through the Services or APP. In case there is any defect in any software being used for the provision of the Services, we do not make any warranty that defects in such software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services or APP is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material or data.
The APP provides content from other APPs/Internet sites or resources and while our APP tries to ensure that the material included on the APP is correct, reputable, and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the APP. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
Your use of or your inability to use our APP, Services and tools;
Delays or disruptions in our APP, Services, or tools;
Viruses or other malicious software obtained by accessing our APP, Services, or tools or any site, Services, or tool linked to our APP, Services, or tools;
Glitches, bugs, errors, or inaccuracies of any kind in our APP, Services, and tools or in the information and graphics obtained from them;
The content, actions, or inactions of third parties, including items listed using our APP, services, or tools or the destruction of allegedly fake items;
A suspension or other action taken with respect to your account; and
To the fullest extent permitted under applicable law, our APP or its suppliers shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with the APP, its services or this User Agreement.
The Content on the APP is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain specialist advice before taking, or refraining from, any action on the basis of the content on the APP.
The user understands and agrees that any information or material and/or goods or services obtained through the service are done at the user’s own discretion and risk and that user will be solely responsible for any damage resulting from any transaction.
No advice or information, whether oral or written, obtained by the user from us for free or through or from the service shall create any warranty not expressly stated herein.
APP or any person or entity affiliated with it will not be held liable for the delivery or un-delivery of any service, for any transactions or dealings between the users through our APP.
Users agree that we are only a venue wherein various services can be posted and we in no case are responsible if any user Store backs out from selling any service listed on the APP.
We have employed the highest possible security measures to protect your data which is stored with us. While we take all possible measure steps, you must immediately notify us at [email protected] upon becoming aware of any unauthorized access, any illegal online activity or any other security breach pertaining to the APP, your Account or our Services and do everything under your control to mitigate the unauthorized access or security breach (including providing us the evidence and notifying appropriate authorities). You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access of your account resulting from your failure to secure your password.
You expressly hereby release and waive all claims against the Company, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of our APP. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
We shall not be liable for any conduct or behavior or actions of service providers. However, we encourage you to notify us of any complaints that you may have against the service provider who has provided you with services through our APP.
You agree and acknowledge that the use of the Services offered by us is at Your sole risk and that we disclaim all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
We will not be liable for any damages of any kind arising from the use of the Service offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
While interacting with any Provider found through the APP or through the Services, we strongly encourage you to exercise reasonable diligence as You would in traditional offline channels and practice judgment and common sense before committing to any Transaction or exchange of information.
The users agree that the information provided on the APP about the Service Provider has been provided by it and if there are any discrepancies found in same then the APP shall not be held liable for the same and the users can notify the about such discrepancies to [email protected] and we will take appropriate actions against the Service Provider in regard to the same.
USER AGREEMENT AS DEFENCE:
The suits which are impliedly or specifically barred by this agreement shall be opposed by us by pleading this agreement.
Any notices must be given by mail post to us at;
TALATPAŞA MAH. UÇANKUŞ SK. B BLOK NO: 2 /1 İÇ KAPI NO: 124 KAĞITHANE/ İSTANBUL
In your case, we will send you any notice at your provided email address (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after the email is sent unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid, and return receipt requested, to the address provided to us. In such a case, notice shall be deemed given three days after the date of mailing.
OUR SERVICE AND GUARANTEES:
Our APP reserves the right to modify or terminate the APP’s service for any reason, without notice, at any time. We also reserve the right to sell, alter, transfer, or delegate our rights under this agreement to anyone without any prior notice to you. Our APP does not guarantee continuous, uninterrupted access to the APP, and the operation of the APP may be interfered with by numerous factors outside our control.
LINKS TO OTHER APPS:
NO WAIVER IMPLIED:
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition, or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect the validity or enforceability of any other Term.
You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
Acts of God;
Shortage of supplies, equipment, and materials;
Strikes and lockouts;
Computer hacking; or
The Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with us. Nothing in this section will prevent us from modifying the terms of these Terms and Conditions and posting such modifications on our APP. We reserve the right, in our sole and exclusive discretion, to revise these terms and conditions at any time. All revisions shall be posted on this page. Since you are bound by all revisions made by us, you should review this page each time you connect to our APP. It is important that you fully read and understand the terms and conditions you are agreeing to be bound by, when you use this APP.
Our APP team may send you information about offers, notices, letters, and other communication to your email. You can ask us to refrain from sending you offers or promotional offers by sending us an email at [email protected] or by clicking the unsubscribe link in our emails sent to you.
You consent to receive notices and information from us in respect of the APP and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.
By using our services, you are deemed to have executed this Agreement electronically; effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgment that you are able to electronically receive, download, and print this Agreement.
In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the APP, you give us permission to provide these records to you electronically instead of in paper form.
By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered.
Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting the Contact details provided on our APP. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information by contacting Customer Support at [email protected].
The Agreement, in connection with the other obligations, policies, and rules detailed in writing on the APP, constitutes the entire agreement between you and the APP.