USER AGREEMENT
ARTICLE - 1 PARTIES
This User Agreement ("Agreement") has been electronically concluded between Inova Business Solutions and Consultancy Joint Stock Company ("Company"), located at Barbaros Mah. Lale Sok. My Office Ä°ÅŸ Merkezi No: 2/13 AtaÅŸehir/Ä°stanbul, the owner of the www.startme.com.tr website ("Platform"), and the user ("Member") who becomes a member of the Platform. The Company and the Member shall collectively be referred to as the "Parties" hereinafter.
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ARTICLE - 2 SUBJECT OF THE AGREEMENT
The subject of this Agreement is to determine the terms and conditions of using and benefiting from the service that the Member will receive through the Platform, owned by the Company.
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ARTICLE - 3 FORMATION OF THE AGREEMENT
(a) The Member acknowledges that they have read, understood, and are aware of their rights and obligations stated in this Agreement.
(b) The Parties agree that there is no imbalance between the agreed obligations, and the mutual obligations are appropriate for the nature of the work. They also confirm that they have no lack of experience regarding the transactions covered by the Agreement.
(c) The Member acknowledges that they have reached a complete conviction that the transactions included in the Agreement are in their best interest and willingly and knowingly agree to comply with all the terms.
(d) The Parties agree that the provisions of the Agreement do not contain any unfair terms and do not involve any imbalance in the balance of interests.
(e) This Agreement does not contain any unfair terms as defined by the Regulation on Unfair Contract Terms in Consumer Contracts. The provisions comply with the principles of good faith and do not contradict consumer protection legislation.
(f) This Agreement has been prepared taking into account the provisions of the Turkish Code of Obligations. The binding effect and content control stipulated in Article 21 of the Turkish Code of Obligations have been carried out by the Member. None of the provisions of this Agreement have a foreign nature (misleading terms) that is alien to the nature and characteristics of this Agreement. The provisions of this Agreement are written in a clear and understandable manner and do not have multiple meanings.
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ARTICLE - 4 DEFINITIONS
"Service" refers to the online consultancy services provided by the Company through the Platform.
"Official Authority" refers to all kinds of judicial or administrative authorities, official, semi-official, or autonomous institutions, organizations, commissions, and boards.
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ARTICLE - 5 MEMBERSHIP
5.1 Membership is acquired by completing the membership procedures on the Platform (and concluding this Agreement).
5.2 Members must be of legal age.
5.3 Members are responsible for providing accurate, true, and up-to-date information regarding the membership procedures. The scope of this information is determined by the Company and may be changed or expanded if necessary. Individuals who do not wish to provide this information cannot become a Member of the Platform. To continue their membership, the Member must provide the information included in the expanded information list and update their information in case of any changes.
5.4 The Company may share the Member's information with the relevant Official Authorities, solely and limited to fulfilling regulatory or enforcement actions or judicial decisions, upon request. If there is no confidentiality order from the relevant Official Authority, the Member is informed of the process.
5.5 The Company may use the promotional and/or personal information provided by the Members within the scope of the Service and their preferences while benefiting from the Service for the purpose of monitoring the system's functionality (and/or send this information to companies that have signed a confidentiality agreement with the Company); conduct evaluations and statistical studies, and publish them in a general manner through the Platform.
5.6 If Members use a nickname while receiving the Service, the nickname cannot be contrary to the applicable legislation and morality; it cannot contain insults, profanity, derogatory remarks, or infringe upon personal rights.
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ARTICLE - 6 RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1 The Member declares and undertakes that the personal and other related information provided during the registration on the Platform is accurate and that they will indemnify the Company for any damages caused by the inaccuracy of this information and/or failure to update it despite changes. Additionally, the Member is solely responsible for any payment transactions and deliveries not performed correctly due to false information provided.
6.2 The right to use the password obtained within the scope of the membership for using the Platform exclusively belongs to the Member. The Member cannot give this password to any third party. The Member is solely responsible for the legal and criminal liabilities regarding the use of the password and access tools (username, etc.) used to access the system for using the Platform and benefiting from it.
6.3 The Member agrees, declares, and undertakes to comply with all applicable legal regulations and not to violate them while using the Platform. In case of non-compliance, all legal and criminal liabilities arising from it will be solely and exclusively the responsibility of the Member.
6.4 The Member cannot use the Platform in any way that disrupts public order, contrary to general morality, in a manner that disturbs and harasses others, for an unlawful purpose, or that infringes upon the intellectual and copyright rights of others. Moreover, the Member cannot engage in activities preventing or hindering others from using the services (spam, viruses, trojans, etc.) or engage in activities that threaten the security or disrupt the operation of the Platform or software.
6.5 Despite taking necessary information security measures, the Company shall not be held responsible for any unauthorized acquisition of Member information and data or damages that may occur to Member information and data.
6.6. The Company shall not be held liable for any direct or indirect damages incurred by the Member as a result of using the Platform.
6.7. The Platform may provide links to other websites or applications that are not under the control, establishment, operation, or regulation of the Company, and may contain references to such websites or applications. The Company shall not be responsible for the content of such other applications or websites, or for any other links or references contained therein, or for the products/services they offer. These links do not imply endorsement of the owner of the linked website or the person operating the website, or any statement or commitment regarding any information, statement, or image contained in its content. Similarly, the Company shall not be responsible for the products, services, and other content promoted, committed, or advertised in advertisements, promotions, or banners displayed on the Platform.
6.8. The Member acknowledges, accepts, and agrees that the Privacy Policy accessed through the Platform is an integral part of this Agreement, and that they have read and approved the provisions contained therein.
6.9. The Member shall not transfer their user profile created by themselves to a third party or allow a third party to use it. The Members may not assign their rights and obligations arising from this Agreement without the Company's approval. The Company reserves the right to assign its rights and obligations arising from this Agreement to third parties.
6.10. In the event of the Member's violation of the provisions of this Agreement, the Member shall be solely responsible for the resulting legal and penal liabilities. The Member shall indemnify and hold the Company harmless from any damages, claims, demands, and allegations arising from such violations. Additionally, the Company reserves the right to claim compensation from the Member for any breaches.
6.11. The Company has the right, without assuming any obligation or liability and without any obligation to pay compensation, to suspend or terminate the Member's membership at any time and delete all information, data, documents, and files belonging to the Member.
6.12. The copyrights and/or any intellectual property rights to the general appearance, design, and software of the Platform, textual and visual content within the site, and other content, trademarks, logos, know-how, and other elements belong to the Company or are used by the Company under license. They may not be used, acquired, modified, copied, or reproduced in any way without the written permission of the Company. The use and accessibility of the Platform or its content in accordance with the conditions provided by the Company do not grant the Member any intellectual or industrial property rights or ownership or disposal authority.
6.13. The Company may disclose the Member's personal information to third parties (a) in cases where it is required by applicable laws or regulations, or a court order or administrative order, and/or (b) with the Member's consent, and/or (c) in accordance with the Privacy Policy accessible through the Platform, and/or (d) in accordance with the separate provisions specified in this Agreement. The Company may review the Member's confidential information or mobile application records to access the requested information and documents for an investigation.
6.14. The Platform has been made free from viruses and similar malicious software to the extent of the available possibilities. However, for ultimate security, it is the responsibility of the Member to obtain their own virus protection system and ensure the necessary protection. In this context, by becoming a member of the Platform, the Member acknowledges that they are personally responsible for any errors that may occur in their own software and operating systems (including but not limited to spam, viruses, trojans, etc.) and their direct or indirect consequences.
6.15. The Company reserves the right to change the scope of the Service, the content, design, and software of the Platform, modify or terminate any services provided to the Members, and delete user information and data stored on the Platform at any time.
6.16. The Company may update, modify, or repeal the provisions of this Agreement without any prior notice or warning, and each updated, modified, or repealed provision shall be effective for the Member from the date of publication.
6.17. The Member is responsible for providing the necessary network access to use the Service. The Member acknowledges that when accessing the Platform or using the Service from a device with wireless internet access, mobile network data may be used, and messaging tariffs and fees may apply. It is the responsibility of the Member to ensure the proper software and devices and keep the Platform up to date. The Company does not guarantee that the Service or the Platform will work with any specific device or software. The Member agrees that they may experience malfunctions and delays due to the use of the Service and/or Platform based on internet usage. The Company shall not be held responsible for any problems the Member may experience due to interruptions in Platform access caused by technical issues.
6.18. The disclaimers written for the Company within the scope of this Agreement also apply to the Company's employees and partners.
6.19. Without the prior approval of the Company, it is prohibited for the Member to provide links to any other website, website content, or any data on the network through the Platform.
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ARTICLE - 7 TERMINATION OF THE AGREEMENT
7.1. Either the Member or the Company may terminate this Agreement at any time by providing notice to the other party.
7.2. However, the termination process of the Member shall be carried out through the termination procedures followed on the Platform. The termination shall not affect the rights and obligations arising from the Agreement until the termination date, including provisions that, due to their nature, should remain in effect even after the termination (such as compensation for breaches, final provisions, etc.). To avoid any doubt, the Company reserves its rights regarding payment obligations to the Company, such as the fees for services that the Member has purchased or subscribed to from the Company, which may arise from the termination, including any potential penalties.
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ARTICLE - 8 FINAL PROVISIONS
8.1. Applicable Law: This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of Turkey.
8.2. Competent Court: Istanbul Central (ÇaÄŸlayan) Courts and Execution Offices shall have jurisdiction over any disputes arising from this Agreement or related to this Agreement.
8.3. Integrity of the Agreement and Attachments: The attachments to this Agreement shall constitute an integral part of this Agreement and shall not be interpreted separately from each other.
8.4. Exclusive Evidence: The Parties agree that the documents and electronic records owned by the Company shall have exclusive evidential value in any disputes that may arise within the scope of this Agreement.
8.5. Company Contact Information: The Company's contact information is as follows:
Company Name: Ä°nova Ä°ÅŸ Çözümleri ve Danışmanlık Anonim Åžirketi Address: Barbaros Mah. Lale Sok. My Office Ä°ÅŸ Merkezi No: 2/13 AtaÅŸehir / Istanbul Email: info@startme.com.tr MERSIS Number: 0478102388900001