GİBİ1- MOBILE APPLICATION USER AGREEMENT
ARTICLE 1- PARTIES
The agreement herein and its annexes; ANNEX-1 Confidentiality Agreement, Annex-2 Deed of Consent for Processing Personal Data, Annex-2 Deed of Consent for Communication of Commercial Messages have been entered into force by being agreed mutually by GiBİ1 TEKNOLOJİ LTD. ŞTİ. (hereinafter shall be referred to as Hosting Provider) residing at the address of Barış Mah. Sakarya Cad. 20 B/9 Beylikdüzü-İstanbul and the User who will use and benefit from the mobile application named GİBİ1 belonging to the hosting Provider/web site it is inhered in , based on the terms of this agreement.
ARTICLE 2- DEFINITIONS
2.1. Application The mobile application named Gibi1 refers to the mobile application software running on all the mobile devices and all the virtual reality mediums created in connection with this software that the national and international 3rd natural and legal persons introduce and present, buy and sell their products and services to each other through their communication over it for commercial purposes (Hereinafter shall be referred to as the Application.)
2.2. User: It refers to the persons who benefit from the application and services provided, by using the mobile application and www.gibi1.com and related web portals within the terms specified in the agreement herein. (Hereinafter shall be referred to as the User.)
2.3. System Access Tools: Refers to information only retained by the user such as the user's account administration page, user name, password, code, passphrase that provides access to the Application.
2.4. Communication Channels: refers to communication mediums such as push notification, in-app announcement, e-mail, mms, application message, comment, location notification, sms, notification by phone.
2.5. Message: refers to the messages to be sent to the Users by GİBİ1 or by user to the other users or by GİBİ1 for purposes such as marketing, research, product, information and services.
2.6. User's Account Administration Page: refers to the Users private web page where it has access only by using the system access tools and does works and transactions through it related to its membership. (Hereinafter shall be referred to as the Portal.)
ARTICLE 3 SUBJECT AND SCOPE
3.2. By accepting the terms of this Agreement, the User agrees to any declarations made by GİBİ1 regarding the use, membership and services contained in the Application and Portal. The user accepts, declares and undertakes that it will act in accordance with all the matters specified in the mentioned declarations.
4.1. Registration to the application shall only take place with the e-mail address "userscellphone number "@gibi1.com with the approval code to be sent via sms or link provided through the system after the personal cell phone information at the application entrance is entered in the related field. The user has the opportunity to contact the hosting provider via e-mail address firstname.lastname@example.org for support and information.
4.2 The Hosting Provider is providing space to the user, only for conducting its commercial activity with the 3rd party application users over the mobile application named GİBİ1 and in this space the user shall publish its products for retail or wholesale sales subject to its commercial activities or product visuals of production, raw materials, services, etc., logos, photos, product dimensions and features, usages, sales prices, show cases, stocks, warehouses, numbers, e-mail, cell phone-land line numbers and other personal information, location, advertising announcements, albums, business cards and tax registration certificate by selecting the category and sector with filters for its commercial activities. The hosting provider is not obliged to review this information as per the Law No. 5651., and shall not be deemed to be defective or liable in any way for the commercial activities and legal disputes subject to this activity between the users or between the user and 3rd parties.
4.3 The user will share its personal information and contact information in the application and its contact list in the "Contact" section of the application with other users.
4.4 The user accepts, declares and undertakes in advance that its telephone, e-mail, address, fax, website, tax registration certificate, instant, actual or fixed notification of the location (show case distance) that it actually performs its commercial activity, its instant location notification even when the application is not active, the km information which displays the distance to the other user will be published in the application, that it consents these information to be published, that the confidentiality of its personal data is not breached, that in the event of any future disputes, it shall not claim any right or receivable from the hosting provider, in the broadest sense. The showcase distance shall be fully shared and the mobile distance shall be shared in a way not closer than 1 km due to security reasons.
4.5 The hosting provider is not responsible for the correctness and uninterrupted use of the map used for the location notification service.
4.6 If permitted by the user, the last time the user was active in the application shall be tracked via online clock.
4.7 The application shall be able to gain direct access to the user's mobile phone's features and applications such as sim card, map, microphone, camera, cloud (personal data storage on the internet), message, gallery, people, photos and location and the user accepts, declares and undertakes that by downloading the application, it consents the access and its personal rights are not prejudiced with regard to this access.
4.8 The user accepts, declares and undertakes that there is no fault or liability of the hosting provider for any damages which may occur to the detriment of it or may be caused by 3rd persons or other users, as a result of publication of information subject to its all personal and commercial activities; that it has shared these with 3rd persons with its own consent; that the hosting provider has no legal or criminal liability and waives in advance from its all rights of claims and actions against the hosting provider for such matters.
4.9 The products that users exhibit in the show case in the application may be put on the market by wholesale and retail or the service / services to be provided may be released through announcements. 3. No fault or liability of the hosting provider is in question, for the stock status, reliability of these products displayed by the persons or by the user, whether the product or service are actually available, their inaccurate, incomplete visuals and having completely different features than the display and their inexistence.
4.10. Applications made by infants or for legal person members persons who are not authorized to represent and bind the legal person, shall not be entitled to the rights of the "User" even if they have completed the registration process. The requests and transactions otherwise are not under the responsibility of the hosting provider.
4.11. The user accepts, declares and undertakes that it shall not make publications prohibited by Turkish law, shall not sell, provide immoral and meretricious products, services, shall not share them, or otherwise all legal and criminal liability shall belong it.
4.12. The hosting provider may terminate the Agreement herein unilaterally at any time, without any justification, without any notice, without any liability to pay compensation, and with immediate effect and may put an end to the usage of the Application herein by the user. The user shall not claim any right or receivable from the hosting provider, with regard to the termination herein, in the broadest sense.
4.13. The hosting provider may block the usage of and the access to the application partially or completely and shall be able to completely remove the application without any justification and without any compensation.
ARTICLE 5 MUTUAL RIGHTS AND OBLIGATIONS
5.1. Users Rights and Obligations:
a) The User agrees to comply with all the terms and conditions, rules of the Agreement herein and all applicable legislation, while performing the user procedures, utilizing the products or services in the Application and performing any transaction related to the products or services in the Application; and that it has read, understood and acknowledged all terms and conditions specified in the Agreement herein.
b) The User agrees that, where the hosting provider is obliged to make a statement to the official authorities in accordance with statutory legislation, when this information is duly requested by official authorities, it shall be entitled to disclose to the official authorities all personal and private information of the users acquired in the application and any compensation shall be claimed from it under any name whatsoever for this reason
c) The User declares that the hosting provider shall be entitled to disclose the commercial information of the User to its business partners for which the hosting provider has entered into agreements intended for fulfillment of the products and services subject to the Agreement herein and / or for these purposes and agrees that any compensation shall be claimed from the hosting provider under any name whatsoever for this reason
d) The User is obliged to keep the System Access Tools (Password, code, etc.) used to access the Application as confidential. The right to use the System Access Tools exclusively belongs to the User. The user will not disclose the information herein to third parties. The user is entirely responsible for the consequences of the use of the System Access Tools by a third party. The hosting provider is not obliged to identify the identities of persons making such misappropriation. The user, save for the terms mentioned above, accepts, declares and undertakes that the use of these information by a third party is its own responsibility and that the transactions made through the use of these information are binding for it. If the user finds that his password has been acquired by someone else, he is obliged to immediately provide information such as mail to (email@example.com) the hosting provider.
e) The User accepts and undertakes that the service and product information, product visuals, stock status, products displayed in the showcase, services provided by the user and their features, contents presented by it within the Application through announcement, message or showcase are correct and in accordance with the law. Otherwise, in no event shall the hosting provider be liable for any dispute arising out of the commercial activities between the user and third parties.
f) The user accepts, declares and undertakes that all transactions made through its own portal are carried out exclusively and independently by itself. The user undertakes that the communication channels it has given to the hosting provider are belonging to it and are only under its control, and it actively use these communication channels. Otherwise, the User shall be liable for any and all pecuniary and non-pecuniary damages that may be incurred by the hosting provider because the User communication channels do not belong to the member itself or because it does not actively use the Communication Channels.
h) The beneficiaries of the products and services provided by the 3rd party members may only carry out transactions in accordance with lawful purposes within the Application. The responsibility of all legal and criminal liability for all transactions and actions done by the User within the Application belongs itself. The Users, accept, declare and undertake that they will publish in accordance with the provisions of the Turkish Penal Code, Turkish Commercial Code, Turkish Code of Obligations, Law No. 5651 on Regulation of Publications on The Internet and Suppression of Crimes Committed by means of Such Publications, Law on Intellectual and Artistic Works, statutory decrees on Trademarks, Patents, Utility Model, Protection of Industrial Designing Rights and legal regulations and all relevant applicable legislations. Otherwise, all legal and criminal responsibility shall belong to the user.
i) The user accepts that the application is owned by the hosting provider and is operated by it. The contents of the application herein are protected in terms of Intellectual and Industrial rights. The user accepts and undertakes not to reproduce, duplicate, distribute, publish or process any commercial or personal information, images, texts, audio and visual images, video clips, files, databases, catalogs, lists, categories contained in the Application in a way which would infringe real or personal rights, assets of the hosting provider and / or any other third party.
j) The hosting provider has not any responsibility regarding the content published in the Application and in web sites linked through the Application by third parties, including the User. The commitment of correctness and lawfulness of the information, contents, product features and information provided and published by any third party (application user), price changes arising from exchange difference, visual and audio images, are all the responsibility of those who perform these actions. The hosting provider does not undertake and guarantee the security, correctness and lawfulness of the services and content provided by third parties.
k) The ratification and enforcement of this Agreement by the Parties shall not mean a result as a partnership, representation or employee-employer relationship between them.
l) The User accepts, declares and undertakes that the reference messages to be sent to the third parties under the Agreement herein shall not contain any unlawful and immoral elements. The user accepts, declares and undertakes that it will not have an intensive communication by in-app messages, e-mails with third parties that can be described as an unwanted communication. The User accepts, declares and undertakes that it is its own responsibility for all communication that it will do in contradiction with this article, and that for any reason whatsoever, in the event of a lawsuit and claim directed to the location provider; this lawsuit and claim may be reported to it by the hosting provider, it will provide promptly any information and content to the hosting provider necessary for it to plead, in the event of a damage incurred by the hosting provider as a result of the mentioned lawsuit and claim, the mentioned damage may be recoursed to it without prejudice to the rights to compensation. Hence, the User is in breach of this Agreement, the hosting provider reserves the right to unilaterally terminate the Agreement herein without notice, suspend membership, suspend the access to mobile application for a definite or indefinite term or terminate it.
m) The user accepts, declares and undertakes that the hosting provider and other application users communicate with it by the electronic communication instruments, and inform it by announcement, advertisement, campaign and promotion.
n) The user declares and undertakes that it has the capacity to become a User under the Agreement herein, after completing the related forms and approving the article of "I have read, negotiated and accepted the terms of the agreement". Otherwise, the agreement is null and void.
5.2. Hosting Providers Rights and Obligations:
a) The hosting provider reserves the right to unilaterally change the products and services and content offered in the Application at any time, to block the access of third parties including the User to the information and contents uploaded by the User to the system, and delete them. The hosting provider may use this right without giving any notice and without granting time. If the change and / or the amendment requested by the hosting provider from the User is not fulfilled within the specified time, the hosting provider shall not be responsible for the direct and indirect damages and shall have the right to suspend or terminate the User's right to use the Application.
b) Links may be given to a set of web sites or contents that are not under the control of the hosting provider within the Application due to ease of reference or various reasons. These links are not meant to support the mentioned web site or the content owner and do not carry any kind of declaration or warranty on the information contained in the website or content. The hosting provider does not make any suggestions or recommendations about the content of the websites of the third parties are, including, but not limited to, legal, correct, reliable, proper and appropriate, information, data, software, products or services used in the content of them are commercially viable, the operation and administration of the website to be error-free and uninterrupted, breakdowns, defects and errors to be fixed, the website have been cleaned from harmful elements and viruses and does not give any trust, declaration or guarantee to the User on these issues. There is no responsibility of the hosting provider for the portals, websites, files and contents accessed through the links on the application, the services or products or their contents offered through the portals and websites, accessed through these links.
c) The hosting provider may use the User information contained in the Application outside of the Services at its will for User security, performance of its obligations and some statistical evaluations, and for internal audits or as demographic information for advertising and / or publicity, may sort and store them on a database.
d) The hosting provider reserves the right to change, re-organize the conditions of use of any services, products and Application and the information provided in this Application and its extension, suspend the Application without any prior notice. The amendments enter into force at the time of the publication in Application. Users shall be deemed to have accepted also these changes by the use of the Application or by entering the Application. Amendments shall be announced to the Users via the medium specified by the Hosting Provider.
e) The hosting provider is not liable and responsible for investigating the correctness of the information and content that is directly transmitted by the user or uploaded, modified and provided by the user through the Application, and for undertaking and guaranteeing that such information and contents are safe, correct and legitimate, also is not responsible for any damages that may arise due to incorrectness or incompleteness of such information or contents.
f) The hosting provider does not give any guarantee that the services provided by it under the Application will be continuously active and accessible. The place provider, does not accept any liability for jurisdictional in particular and other competent official authorities' decisions and practices, force majeure, situations caused by third parties, disruptions and delays caused by the internet connection service providers and similar external factors, misusage, technical malfunctions and other disruptions caused by the hosting provider, disruptions resulting from updates, maintenance, safety and repair works or other routings.
g) The hosting provider may limit or stop access to the service when necessary, due to insecurity of the network's operational security, for the continuity of access to the network, to prevent the failures that may occur in the network, software, or stored files, to prevent or mitigate potential failures, and in other situations as deemed necessary.
ARTICLE 6 SERVICES
6.1. Through the Application, the hosting provider allows the user by providing space within the application, to utilize the services offered under the titles in-application such as Profile, Sectors, Bazaar (Market), Contact (Communication), Message, Vitrine (Showcase), to make announcements about the products and services, to communicate with the buyers within the application, to publish the manufacturing, products and services that the user wants to sell wholesale or retail, with their all features, price, photo, address, location (showcase/ mobile location) and other product details; and the other users who are buyers will be able to accept the invitatio ad offerendum after searching for products on the market in the application or by negotiating with the seller for purchase and sale by using direct intra-application communication channels and will be able to engage in commercial activities.
6.2 The hosting provider is not responsible for the safe operation of the parties' business activities and is not a guarantor of purchase or sale.
ARTICLE 7 CONFIDENTIALITY
The Hosting Provider may use the User-related information under the "Confidentiality Agreement", which is an integral part of the User Agreement contained in Annex-1 of the Agreement herein, except as provided in the Agreement herein. The Hosting Provider may use or disclose the Confidential Information of the User to third parties under the terms specified in the Agreement herein and the "Confidentiality Agreement".
ARTICLE 8 GOVERNING LAW AND COMPETENT COURT
Turkish Law shall apply in the implementation and interpretation of the Agreement herein. In the event of any dispute arising out of or relating to the Agreement herein, Istanbul Central Courts and Enforcement Offices are authorized.
ARTICLE 9 INTELLECTUAL PROPERTY RIGHTS
All elements of the application (including but not limited to general appearance, design, text, image, logo, icon, demonstrative, written, electronic, graphic or machine readable technical data, GİBİ1 brand and logo, applied business method and business model, software code and other codes) belong to the hosting provider. All these elements belonging to the trademark protected under the Intellectual and Industrial rights shall not be changed, copied, reproduced, translated into another language, republished, resold, shared, distributed, exhibited, used outside the scope of the User Agreement or works derived from these shall not be made or prepared without obtaining prior permission and without providing reference; otherwise, the responsible person (s) shall be liable to cover the amount of damages incurred by the hosting provider and / or the amount of compensation claimed from the hosting provider for damages including court costs and attorneys' fees suffered by third persons, including licensees.
ARTICLE 10 AMENDMENTS TO THE AGREEMENT
10.1 The Hosting Provider may at its sole discretion and unilaterally amend the Agreement herein or any provision and attachments thereof at any time it deems appropriate by announcing or updating in the Application.
10.2 The application may be made paid by the hosting provider without the consent of the user, and the user shall not claim rights and receivables with regard to this change. User may prefer paid version upon request when the paid version is released, and if it does not agree to transfer to the paid version, it may continue to utilize the limited services of the free version.
ARTICLE 11 FORCE MAJEURE
11.1. The term force majeure shall be construed as events that can not be avoided, which arises out of the reasonable control of the Hosting Provider, and which the Hosting Provider is not able to prevent despite its necessary discretion, including but not limited to the natural disasters, rebellion, war, strike, attacks on the Application, Portal and system, despite the necessary measures for information security that the hosting provider has taken.
11.2. In all cases accepted as force majeure, the Parties are not liable for late or incomplete or non-performance of any of their deeds as set forth in the Agreement herein.
ARTICLE 12 VALIDITY OF THE RECORDS
The User accepts, declares and undertakes that, in disputes arising out of the Agreement herein, the electronic and system records that the Hosting Provider keeps in its own database, commercial records, commercial book records, microfilm, microfiche and computer records of the parties shall constitute definitive and exclusive evidence and that this article has the characteristics of an evidential contract in the sense of Article 193 of the CCP (Code of Civil Procedure).
ARTICLE 13 TERMINATION OF THE AGREEMENT
The User Agreement herein shall remain in effect for the User unless terminated by the Hosting Provider and the hosting provider may terminate it at any time without notice at its sole discretion where deemed necessary. With regard to the termination herein, the user accepts, declares and undertakes in advance that, it has not any rights and receivables from the hosting provider, it will not claim anything under the titles of pecuniary and non-pecuniary damages in the broadest sense, loss of profits, loss of work, etc., it waives from all rights to claim and lawsuit.
ARTICLE 14 ADDRESSES FOR NOTIFICATION
14.1. The e-mail address "userscellphone number "@gibi1.com, which is assigned to the User for the purpose of accessing to the application and web portals, is also the valid address for notification of the user for any legal notice to be delivered to it regarding the Agreement herein.
14.2 Pursuant to the agreement herein, any notices to be made to the e-mail address with the extension of @gibi1.com, which is assigned to the user as well as legal residence addresses of the parties, shall be effective as per the provisions of the Notification Law numbered 7201, the Code of Obligations and the Turkish Commercial Code.
15.1. The user declares, agrees and undertakes that he has read, understood, acknowledged all of the articles in the Agreement herein and approves the accuracy of the information he has given about itself.
15.2. The Agreement herein shall enter into force by being mutually accepted with the electronic approval of the membership request of the User and shall be executed together with its annexes. In the event of any conflict between the provisions of the Agreement herein and the annexes, the provisions of the Agreement herein shall prevail.
15.3. The Agreement herein consists of 15 (fifteen) articles and 3 (pieces) annexes which are integral parts of the agreement, and is established by the parties' free will as a result of the approval of the User Agreement contained in the website by the user.
ANNEX 1 CONFIDENTIALITY AGREEMENT
1. The Confidentiality Agreement herein applies to all parts of the Application.
2.For the matter of personal information and data security, the Hosting Provider has no responsibility in the broadest sense for copying, theft of the User's personal information or the use of it for advertising purposes, or the use of it by 3rd parties in any way that may give rise to a crime or a legal dispute.
3.In addition to the matters covered by Article 9 of the Mobile Application Agreement, trademarks, logos, emblems, company's writing style, colors, letters, categories, sectors, showcase information, buttons in the application (Bazaar, Contact, Message, Vitrine) etc. , buttons, tabs, colors and emblems which evokes the trademark in the application shall not be copied, used, reproduced in a way which may give rise to ambiguity for the final user and shall not be put into written and visual media except for the permission of the Hosting Provider. Otherwise, all rights to claim and lawsuit of the hosting provider are reserved due to the violation of the law on intellectual and artistic works, industrial property law and other related legal regulations.
4. The hosting provider has the right to access to the User via letter, e-mail, SMS, telephone conversation and other means through the address of the User which was specified by it in the registration form or updated later by it, its e-mail address with the extension of gibi1.com which is also the username, fixed and mobile telephone lines and other contact information with communication, marketing, notification and other purposes. The user by accepting the Agreement herein accepts and declares that the hosting provider may enhgaged in the above-mentioned communication activities with it unless there is no written notice otherwise.
5. The location provider may access to all information, including personal data shared by the User under the Application. The hosting provider undertakes that it will share this information solely with its participants for the use of the Application. The user on the other side agrees that this information may be used to communicate with it for the purpose of the Application.
6. In order to be able to identify problems related to the system in the application and to eliminate any possible problems urgently that may arise in the Application, the Hosting Provider may record the IP address of the user, the information stored in its social network user account when needed, and use these records for the mentioned purposes. These IP addresses may be used by the Hosting Provider to define the users and visitors generally and collect demographic data in a comprehensive way.
7. Information obtained within the scope of the application may be used by the Hosting Provider and other persons and institutions with which it is cooperating, without exposing the identity of the user in any way, only for evaluating various statistics, permitted marketing, database creation efforts and market research.
8. The Hosting Provider may provide links to other sites within the Application, publish the advertisements of the contractual 3rd Parties, may redirect users through advertisements to advertising or contractual 3rd parties. The Hosting Provider has no responsibility for the confidentiality practices and policies of other Applications accessed through this link or for the content they contain.
9. In the following cases, the Hosting Provider shall be able to disclose the information of the users to the third parties out of the provisions of this confidentiality declaration. These cases are;
Where it is necessary to comply with the obligations of the rules of law,
Where the Hosting Provider is required to fulfill the requirements of the agreements between the users and their implementation,
Where information about Users is requested under a research or investigation duly carried out by the competent administrative and / or judicial authorities,
Where providing information is required to protect users' rights or security.
10. Information that can be requested from users who respond to periodic or non-periodic surveys that may be organized by the Hosting Provider in Applications may also be used by the Hosting Provider and the collaborating persons or organizations for directly marketing to these users, to conduct statistical analyzes and to create a special database.
11. The Hosting Provider may amend the provisions of the confidentiality notice herein at times it deems necessary provided that it shall be published in the Application. The provisions of the confidentiality notice amended by the Hosting Provider shall be deemed to have entered into force on the date of publication in the Application.
12. The Confidentiality Agreement herein consists of 12 (twelve) articles and is an integral part of the Mobile Application User Agreement.
ANNEX -2 DEED OF CONSENT FOR PROCESSING OF THE PERSONAL DATA
Within Law No. 6698 Personal Information Protection Law respect to my contact information and other personal information I have provided and any personal/non-personal information I use for accessing the site / mobile application; as being informed about all my relevant legal rights, I give clear permission (consent-approval), for my personal information such as name, surname, nickname, age, gender, marital status, living area, education level, areas of interest, shopping habits-preferences, likes, invoice contents, mobile / home / business phone number, device code, information of technical advertisement identifier-identification, e-mail address, all kinds of card information except password, and location data, to be obtained, taken over with automatic / non-automated methods, to be recorded in domestic and international written / magnetic archives within the maximum legal terms for the period prescribed, stored, retained, to be made available, used, updated, changed, combined, reorganized, sorted, disclosed, shared, transmitted (domestically-abroad), transferred and processed in other ways, by the Hosting Provider and its partners / business partners, successors, service providers-suppliers (including social media operators) and third parties to be defined by thereof, for legal purposes, for allowing me to utilize general and personalized products-services and possibilities, and for the purpose of making all kinds of product-service promotion, advertisement, communication, promotion, sales, marketing, credit card and membership transactions, informations and applications to be done, by necessary precautions for the protection of their confidentiality being taken and in accordance with the legal regulations on their processing.
ANNEX -3 DEED OF CONSENT FOR TRANSMISSION OF ELECTRONIC COMMERCIAL MESSAGES
I give my assent for the information I have provided in the Membership form, to be used, kept and shared in all kinds of marketing activities, campaigns, advertisements, launches, surveys, discounts, promotions, special offers, promotion, openings, invitation and event reminders and communication works applications, by the Hosting Provider or institutions affiliated with GİBİ1 and collaborating institutions, unless otherwise provided. I give clear permission and approval for them to send commercial electronic messages and other messages to me, in accordance with laws, by SMS / text messaging, notifications, social media and other online advertising networks, auto-dialing, computer, phone, fax, email, bluetooth-other wireless networks (if they are turned on in my device) and other electronic communication instruments for publicities, advertisements, promotions, sales and marketing of all kinds of products and services, likewise for credit card and membership informing, transactions and applications.