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Terms of Service and Use

1.PARTIES

1.1 These Terms of Service and Use (“the Terms”), prepared for the purpose of determining the service, terms of use and the issues listed below regarding the use of the Tourist: Travel the World application (“the Application”) has been signed between these parties: The Application under the ownership of TOURİST MOBİL YAZILIM ANONİM ŞİRKETİ ("the Company"), whose center is located at the address of Odunluk Mahallesi Akpınar Caddesi No: 5/25 Nilüfer-Bursa, registered with the Bursa Trade Registry of the Republic of Türkiye with the trade registry number 118937 and you as a natural or legal person (“the User”).

 

1.2 The Terms will be deemed to have been signed between the Application and the User in the cases listed in the Enforcement Article and will enter into force. Upon entry into force, the Terms will be binding on both the Application and the User.

1.3  In the Terms; the notions and concept of the Company and the Application are used interchangeably to the extent appropriate. Since the Application does not have a real or legal personality, references to the Application in activities that can only be carried out by individuals are deemed to be made to the Company and its employees.

2. OBLIGATIONS OF THE USER

2.1 The User accepts, declares and undertakes that the User, if he/she is a real person, he/she fulfills the requirements to use the Application or the User, if it is a real person who uses it on behalf of a legal person, he/she is the representative and binding authority of the legal person he/she represents. The User accepts and declares that the Application does not have any responsibility in case of any damage to the User because of informations incorrectly given by himself/herself

 

2.2 The User accepts and declares that the right to benefit from the opportunities and services offered within the scope of the use of the Application belongs only to him/her, the User will show the necessary care and attention to keep the password(s) and every other element regarding privacy and security confidential only to himself/herself he/she has within the scope of use of the Application, the User will not disclose the password and elements in question to any third party and will not allow their use by any third party, the User is fully responsible for the use of the said password and elements by any third party and the consequences that may arise due to the aforementioned situation. The User accepts and undertakes that the User will immediately notify the Application through the contact information in the Terms, in the event that such passwords and elements are lost in any way, and that the User will be responsible for the period until the Application is notified.

2.3 The User accepts and declares that only the User has power of disposition of the Application and any transaction that appears to be performed on the User's device in the Application shall be deemed to have been made by the User, the User will not hold the Application responsible in any way due to the use of the password(s) and every other element related to privacy and security within the scope of the use of the Application by others with or without the User’s knowledge.

2.4 The User accepts and declares that if the User does not comply with his obligations or maliciously damages the material (hardware, software and any component related to the creation, design and continuity of the Application) used by the Application while providing its facilities and services, the User will be liable for such damage. The User accepts and declares that while the User using the facilities and services offered by the Application, the Application will reserve the right to opt out of the opportunities and services in following conditions (including but not limited to similar means): if the User uses malicious and/or robot software, data mining, and uses any tool that may harm the Application and this use is detected by the Application. 

2.5 The User accepts that all the information the User has given to the Application about itself is always and in all respects complete, truthful and up-to-date. The User can always update their information through the Application. The User accepts and declares that the Application does not have any responsibility in the event that User cannot benefit from the opportunities and services offered by the Application and/or suffers a loss due to the fact that the information provided by the User is incomplete or untrue or not up-to-date.

2.6 The User accepts, declares and undertakes to use the Application in accordance with the law and its purpose, and to be legally responsible for every transaction and action the User makes within the Application while the User benefits from the opportunities and services provided by the Application. The Application cannot be held responsible directly or indirectly, for any actions and/or activities that the User performs through and/or within the Application, in violation of the Terms and the law.

2.7 In the event that the User interacts with other users and/or publicly accessible parts of the Application; the User accepts, declares and undertakes that such interaction will be in accordance with the law and these Terms.

 

2.8 The User accepts, declares and undertakes that;

  1. The User will not engage in malicious attitudes and behaviors towards the Application and the Company,

  2. The Application is not responsible for any damages that may arise if the User interacts in violation of the law and the Terms,

  3. The User may be prevented from using the Application and that the User will compensate the damage in case of damage to the Application,

  4. Using the Application does not mean that the User owns the Application and/or that the Application is sublicensable.

 

3. SCOPE OF THE APPLICATION’S RESPONSIBILITY

3.1 The Application has no debts and obligations, regarding the necessary software, hardware, operating systems, internet connection and any element within this scope regarding the physical and/or remote access tools that the User must have in order to benefit from the Application's facilities and services

3.2 The User accepts and declares that the Application cannot be held responsible the following conditions, while any time during or in connection with the use of the Application: suspending or ending the provision of the Application’s opportunities and services or interrupting said facilities and services, due to malfunctions arising from the user's devices and/or services and opportunities that the User has accessed through the use of the Application, problems arising from telephone lines or internet service providers. The User also accepts and declares that this article includes that technical reasons which are not indicated in the Terms but can be considered as within the scope of the use of the Application.

3.3 The User accepts and declares that the Company cannot be held responsible for the following situations which may occur at any time during the use of the opportunities and services provided by the Application or in connection with the use of the Application:

  1. Malfunctions, changes and cancellations arising from the opportunities and services that the User accesses through the Application.

  2. Inaccurate or insufficient information and instructions and/or inaccurate or incomplete transmission of such information and instructions due to reasons arising from opportunities and services provided by the Application.

  3. Even if they are not indicated in the Terms, any problem arising from opportunities and services provided by the Application.

 

3.4 The User accepts and declares that the Company cannot be held responsible for any
damage and loss that the User has suffered and/or will suffer due to the third parties' access to the User’s information as a result of malfunctions arising from hardware, software, telephone lines or internet service providers that other users benefit from within the scope of the use of the Application.

3.5 The User accepts, declares and undertakes that links to websites or to contents that are not under the control of the Application may be given within the Application. The User also accepts, declares and undertakes that the Application does not have any responsibility for the opportunities, services, products or their content provided on the portals or websites accessed via links on the site.

 

3.6 The User accepts and declares that the Application cannot be held responsible in case all or any of the opportunities and services provided within the scope of the Application, cannot be provided due to infrastructure and internet failures, fire, earthquake, flood, other natural disasters, epidemics, turmoil, widespread acts of violence, war, strike, local and/or central government regulations, all situations that could objectively prevent or delay any or all of the said opportunities and services.

3.7 The User accepts and declares that the Application may share the User's information contained in the Application with competent authorities, upon the request of the competent authorities in accordance with the current legislation. The User accepts that sharing of the said information with the competent autorities is limited to the said request.

 

4. INTELLECTUAL RIGHTS

4.1 The User accepts, declares and undertakes that the opportunities and services provided by the Application and all kinds of software and materials used in the provision of such opportunities and services to users constitute the intellectual right of the Company and that the User will not use them without the Company's permission.

4.2 The Application's opportunities and services and the way they are presented,  the intellectual property rights, commercial rights, commercial appearance, design, software, text, image, domain name, interface, algorithm, drawing, model, software codes and all of its elements, other codes, all kinds of real and personal rights, commercial information, know-how and all informations including but not limited, belong exclusively to the Application within scope of the Application.

 

4.3 The User cannot use for commercial purposes, reproduce, distribute, make subject to data mining, make reverse engineering, make or prepare derivative works from the opportunities and services provided by the Application and the above-mentioned elements within the scope of the Application.

4.4 The User accepts, declares and undertakes within the Application that the User cannot reproduce, copy, distribute, process, make reverse engineering, make subject to data mining the Application’s and third parties’s pictures, texts, audiovisual images, video clips, all elements of the Application and all elements of third parties.

5. PERSONAL DATA PROTECTION

5.1 The Application keeps the personal data which are collected to process confidential within the scope of the Republic of Türkiye’s the Personal Data Protection Law No. 6698 (“PDPL”) and the relevant legislation. The application accepts and declares that the Application can process personal data limited to the Terms and will delete, destroy or anonymize personal data after the reasons requiring processing are completely eliminated, except for legally obligatory situations.

5.2 The Application undertakes to take all necessary technical and administrative measures within the scope of the relevant legislation in order to prevent the unlawful processing of the personal data in question, and to ensure that the said personal data is kept limited to maximum storage period and purpose

5.3The Application undertakes that the Application will strictly keep the confidential information of the User private and confidential and will keep the said information as a secret. The Application also undertakes to take all necessary measures to ensure and maintain confidentiality, to prevent all or any part of confidential information from becoming public, or to prevent disclosure to an unauthorized user or third party, and to act with due care and attention.

5.4 The texts included in the Terms within the scope of the Application are as follows, and the approval of the Terms, together with the provisions indicated in the Terms, will only be possible by reading and approving the following texts:

1. www.touristapplication.com - The Policy of PDPL and The Clarification Text

2 www.touristapplication.com Explicit Consent of the User within the Scope of PDPL

6. CHANGE OF THE TERMS  

6.1 The Application may change the Terms unilaterally and at any time the Application deems appropriate, through the Application and/or the website. Changes are announced on the Application and/or the website.

7. MODIFICATIONS TO THE APPLICATION

7.1 The User accepts and declares that changes, improvements, updates, additions and other activities on the Application can be carried out by the Application team.

8. USE OF COOKIES

8.1 The User accepts and declares that cookies can be used within the scope of the Application and that the opportunities and services provided with the help of the cookies used can be improved.

9. DISSOLUTION OF THE TERMS

9.1 The User may terminate the use of the Application by deleting the Application from the devices on which the Application has been installed. The Application reserves the right to suspend or stop the opportunities and services provided by the Application.

9.2 The Application reserves the right to suspend the opportunities and services provided to the User or to remove the User completely from the Application, in case the User is found to be acting contrary to the Terms, purpose of the Application, relevant legislation or goodwill/morality rules. The Application reserves the said right in case of the Application’s security is suspected due to the User’s acts.

10.  ENFORCEMENT

10.1 The Terms will be binding and  will enter into force, if the User downloading, installing, creating a membership, using the Application or interacting directly with the Application and after clicking the “I Agree” icon in any of the channels where the Terms are available,

10.2 The Terms are located in the App Store's and/or Google Play Store's interface where the Application can be downloaded, inside the Application and on the website.

10.3 The User accepts, declares and undertakes that the terms, conditions and agreements submitted through the Application and other documents related to those listed will be binding upon the approval of the User or upon the realization of the situations listed in the above paragraphs.

10.4 The User accepts, declares and undertakes that the User has read and agreed with all provisions of the Terms while using the Application.

11. SEVERABILITY CLAUSE

11.1 If any provision of the Terms is found by any competent court, arbitral tribunal or administrative authority to be wholly or partially invalid or unenforceable or unreasonable, the Terms will be deemed severable to the extent that such invalidity, unenforceability or inadvisability. Other provisions that do not fall within the scope of invalidity, unenforceability or inadvisability will remain in full force and effect.

12. NO-WAIVER CLAUSE

12.1 Failure by the Application to exercise the rights and powers set forth in the Terms does not constitute an express and/or implied waiver of such rights and powers and their use.

13. EVIDENTIAL CONTRACT

13.1 The User, in disputes arising from the use of the Application or from the Terms; accepts, declares and undertakes that the software documents of the Company, the records in the books and documents and the messages sent in the electronic environment will constitute evidence in accordance with Article 193 of the Code of Civil Procedure numbered 6100 of the Republic of Türkiye.

14.  APPLICABLE LAW AND AUTHORIZED COURT

14.1 The Terms will be subject to the legislation of the Republic of Türkiye excluding its conflicts of law rules and will be interpreted accordingly. In case of doubt as to the specificity of the terms and provisions in the English version of the Terms, the Turkish version shall prevail.

14.2 The Courts and the Court Bailiffs in Bursa, a province of the Republic of Türkiye, shall be authorized for disputes that may arise within the scope of the Terms.

 

15. COMMUNICATION

15.1 The User can report all his/her wishes and complaints regarding the Application to the join@touristapplication.com e-mail address.

15.2 The Application will communicate with the User through the addresses provided by the User.

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