The subject of this membership contract is to determine the services offered on the site fiyuva.com, the conditions for benefiting from these services and the rights and obligations of the parties specified below.
1. Parties
a) Fiyuva, which operates the www.fiyuva.com website.
b) Internet user who is a member of the www.fiyuva.com website ("Member")
2. Subject of the Contract
This contract imposes rights and obligations on the parties regarding the site that is the subject of the agreement, and when the parties accept this agreement, they declare that they will fulfill the aforementioned rights and obligations completely, accurately, on time, and within the conditions requested in this agreement.
3. Site Terms of Use
3.1 The web pages on our site and all pages connected to it (‘site’) are the property of Fiyuva at www.fiyuva.com and are operated by it. You (‘User’) accept that you are subject to the following conditions while using all the services offered on the site, and by benefiting from and continuing to use the service on the site; You have the right, authority and legal capacity to sign a contract according to the laws you are subject to and are 18 years of age or older, and by registering as a member, you are deemed to have read, understood and are bound by the terms written in the contract. This Contract is concluded at the moment the member becomes a member and enters into force mutually.
3.2 Unless expressly authorized by Fiyuva within the scope of these SITE Terms of Use, Fiyuva reserves all rights to Fiyuva services, Fiyuva information, Fiyuva copyrighted works, Fiyuva trademarks, Fiyuva commercial appearance or other assets and information provided through this SITE.
4. Responsibilities
4.1 Fiyuva reserves the right to make changes to prices and offered products and services at any time.
4.2 Fiyuva accepts and undertakes that the member will benefit from the services subject to the contract, except for technical malfunctions.
4.3 The User accepts in advance that he/she will not reverse engineer the use of the site or take any other action to find or obtain the source code, otherwise he/she will be liable for any damages that may arise in the presence of third parties and that legal and criminal proceedings will be taken against him/her.
4.4 The user agrees that he/she will not produce or share content that is against general morality and etiquette, unlawful, violating the rights of third parties, misleading, offensive, obscene, pornographic, violating personal rights, violating copyrights, encouraging illegal activities, in his/her activities within the site, in any section of the site or in his/her communications. Otherwise, he/she is fully responsible for the damage that will occur and in this case, Fiyuva authorities may suspend, terminate such accounts and reserve the right to initiate legal proceedings. For this reason, if there are requests from judicial authorities regarding information regarding activities or user accounts, he/she reserves the right to share.
4.5 Members of the site are responsible for their relationships with each other or third parties.
4.6 Fiyuva is not responsible for any direct or indirect damages that may arise due to breach of contract, tort, or other reasons due to access to fiyuva.com or use of information and other data, programs, etc. on fiyuva.com. Fiyuva does not accept any responsibility for interruption of the transaction, error, negligence, interruption due to breach of contract, tort, negligence or other reasons. By accessing fiyuva.com or other linked websites or using fiyuva.com, it is accepted that Fiyuva is exempted from all kinds of liabilities that may arise as a result of use/visit, including court and other expenses, and all kinds of damages and claims. Members accept, declare and undertake in advance that they will pay the damages they have caused directly or indirectly in cash and in a lump sum upon first request and without the need for any provision.
5. Rights and Obligations of the Parties
5.1 The Member declares and undertakes that the personal and other information provided while registering to the www.fiyuva.com website is true before the law, and that the user will compensate immediately and in full for all damages that may be incurred due to the untruthfulness of this information.
5.2 The member cannot give his/her password to other persons or organizations, the member has the right to use the password in question. For this reason, all liability that may arise and all claims and demands that may be put forward against Fiyuva by third parties or authorized bodies, the said user reserves the right to claim any and all compensation and other claims arising from the unauthorized use in question.
5.3 The member accepts and undertakes to comply with the provisions of the legal legislation and not to violate them while using the www.fiyuva.com website. Otherwise, all legal and criminal liabilities that may arise will be completely and exclusively binding on the Member.
5.4 The member may not use the www.fiyuva.com website in any way that disrupts public order, is against general morality, disturbs and harasses others, for an illegal purpose, or infringes on the intellectual and copyrights of others. In addition, the Member may not engage in any activities or processes that prevent or make it difficult for others to use the services (spam, virus, trojan horse, etc.). Fiyuva has no direct and/or indirect responsibility for any damages suffered or that third parties may suffer due to the activities of the USER and MEMBERS on fiyuva.com.
5.5 The ideas and thoughts declared, written and used by members on the www.fiyuva.com website are entirely the members' own personal opinions and are binding on the opinion owner. These opinions and thoughts have no connection or connection with Fiyuva. Fiyuva has no responsibility for the damages that third parties may suffer due to the ideas and opinions expressed by the member, or for the damages that the member may suffer due to the ideas and opinions expressed by third parties.
5.6 Fiyuva, the institutions it cooperates with, Fiyuva employees and managers, Fiyuva authorized dealers are not responsible for the services provided and content published by third parties within www.fiyuva.com. The accuracy and legality of the information, content, visual and audio images provided and published by any third party is the sole responsibility of the third parties performing these actions. Fiyuva does not undertake or guarantee the security, accuracy, and legality of the services and content provided by third parties.
5.7 Fiyuva will not be responsible for unauthorized reading of member data and damages to member software and data. The member has agreed in advance not to claim compensation from Fiyuva for any damages it may suffer due to the use of the www.fiyuva.com website.
5.8 The member has agreed not to access or use the software and data of other internet users without permission. Otherwise, the legal and penal liabilities arising from this shall be entirely the responsibility of the member.
5.9 A member who violates one or more of the contract articles listed in this membership contract shall be personally and legally liable for this violation and shall hold Fiyuva harmless from the legal and criminal consequences of such violations. In addition; if the incident is brought to the legal field due to this violation, Fiyuva reserves the right to claim compensation from the member for non-compliance with the membership contract.
5.10 Fiyuva always has the right to unilaterally delete the member's membership, delete the customer's files, documents and information when necessary. The member accepts this disposition in advance. In this case, Fiyuva has no responsibility.
5.11 www.fiyuva.com website software and design are owned by Fiyuva, copyright and/or other intellectual property rights related to them are protected by relevant laws and they cannot be used, acquired or changed by the member without permission. Other companies and products mentioned on this website are the trademarks of their owners and are also protected under intellectual property rights.
5.12 Some information may be collected by Fiyuva for the purpose of improving and developing the www.fiyuva.com website and/or within the framework of legal regulations, such as the name and Internet Protocol (IP) address of the Internet service provider used to access the site, the date and time the Site was accessed, the pages accessed while on the site, and the Internet address of the website that provides direct connection to the site.
5.13 Fiyuva may disclose the member's personal information when requested as a legal obligation or
5.13.1 (a) to act in accordance with legal requirements or to comply with legal processes served on Fiyuva;
5.13.2 (b) in cases where it believes in good faith that it is necessary to protect and defend the rights and property of the User and the www.fiyuva.com website family.
5.14 All reasonable measures have been taken within the available means to ensure that the www.fiyuva.com website is free from viruses and similar software. In addition, in order to ensure ultimate security, the user must provide their own virus protection system and provide the necessary protection. In this context, by entering the www.fiyuva.com website, the member accepts that they are responsible for all errors that may occur in their own software and operating systems and their direct or indirect consequences.
5.15 Fiyuva reserves the right to change the content of the site at any time, to change or terminate any service provided to users, or to delete user information and data registered on the www.fiyuva.com website.
5.16 www.fiyuva.com may provide links to other websites and/or other content that are not under the control of Fiyuva and/or owned and/or operated by other third parties. These links are provided for the purpose of facilitating navigation for USERS and MEMBERS and do not support any website or the person operating that site. The linked website does not constitute any kind of declaration or guarantee regarding the information contained therein. Fiyuva has no responsibility for the websites and content accessed through the links on fiyuva.com and any damages that may arise from the use of these sites are the responsibility of the members.
5.17 Fiyuva may change, update or cancel the terms of the membership agreement at any time without any prior notice and/or warning in any form. Any changed, updated or repealed provision will be effective for all members on the date of publication.
5.18 The parties accept and declare that all computer records belonging to Fiyuva will be taken as the sole and exclusive evidence in accordance with Article 287 of the Civil Procedure Code and that the said records constitute an evidentiary contract.
5.19 Pursuant to this membership agreement, Fiyuva is authorized to send informational emails to the members’ registered email addresses and informational SMS messages to their mobile phone numbers. By approving this membership agreement, the member shall be deemed to have accepted the receipt of such informational emails and SMS messages.
5.20 Fiyuva constantly checks the accuracy and currency of the information available on fiyuva.com. However, despite the efforts made, the information on fiyuva.com may lag behind current changes. Fiyuva does not provide any express or implied guarantee regarding the currency, accuracy, conditions, quality, performance, marketability, suitability for a particular purpose, and the effect of Fiyuva on other information, services or products available on fiyuva.com, including but not limited to, related or independent of these, and their completeness.
6. Intellectual Property Rights
6.1 All registered or unregistered intellectual property rights such as title, business name, brand, patent, logo, design, information and method on this Site belong to the site operator and owner company or the specified relevant person and are under the protection of national and international law. Visiting this Site or using the services on this Site does not grant any rights regarding the said intellectual property rights.
6.2 The information on the Site cannot be reproduced, published, copied, presented and/or transferred in any way. The whole or part of the Site cannot be used on another website without permission. All problems that may occur when used are the responsibility of the person or persons sharing it.
7. Confidential Information
7.1 Fiyuva will not disclose personal information provided by users via the site to third parties. This personal information includes all kinds of information intended to identify the user, such as the person's name, surname, address, telephone number, mobile phone, e-mail address, and will be referred to as 'Confidential Information'.
7.2 The user accepts and declares that he/she consents to the company that owns the site sharing his/her communication, portfolio status and demographic information with its affiliates or group companies to which it is affiliated, limited to the use of such information only within the scope of marketing activities such as promotion, advertisement, campaign, promotion, announcement etc. This personal information may be used to determine the customer profile within the company, to offer promotions and campaigns suitable for the customer profile and to conduct statistical studies.
7.3 Confidential Information may only be disclosed to official authorities if such information is requested by official authorities in accordance with the procedure and in cases where disclosure to official authorities is mandatory in accordance with the provisions of the mandatory legislation in force.
8. No Warranty
8.1 This contract clause shall apply to the maximum extent permitted by applicable law. The services offered by Fiyuva are provided on an "as is" and "as available" basis and no warranties of any kind, express or implied, statutory or otherwise, are made with respect to the services or the application (including all information contained therein), including all implied warranties of merchantability, fitness for a particular purpose or non-infringement.
8.2 If one of the terms of this contract becomes partially or completely invalid, the remainder of the contract remains valid.
9. Registration and Security
9.1 The user must provide accurate, complete and up-to-date registration information. Otherwise, this contract will be deemed to have been violated and the account may be closed without notifying the user.
9.2 The user is responsible for the security of his/her password and account on the site and third-party sites. Otherwise, Fiyuva cannot be held responsible for any data loss, security breaches or damage to hardware and devices.
10. Ready Sale
The user agrees to pay the percentage (%) commission stated in the subscribed package for the sales he/she makes. Fiyuva may change, update or cancel the commission rate at any time without any prior notice and/or warning in any form. Any changed, updated or repealed provision shall be effective for all members on the date of publication.
11. Force Majeure
Hukuken mücbir sebep sayılan tüm hallerde, Fiyuva, işbu Kullanım Şartları ve Üyelik Sözleşmesi'nin geç ifa edilmesi veya ifa edilmemesinden sorumlu değildir. Bu ve benzeri haller, Fiyuva açısından gecikme, ifa etmeme veya temerrüt olarak kabul edilmeyecek ve Fiyuva bu haller için herhangi bir tazminat yükümlülüğü altına girmeyecektir.
12. Changes to the Contract
Fiyuva may change the services offered on the site and the terms of this agreement partially or completely at any time. Changes will be valid from the date they are published on the site. It is the user's responsibility to follow the changes. The user is deemed to have accepted these changes by continuing to benefit from the services offered.
13. Evidential contract
In any disputes that may arise between the parties regarding the transactions related to this agreement, the parties' books, records and documents, computer records and fax records will be accepted as evidence in accordance with the Code of Civil Procedure No. 6100, and the user agrees not to object to these records.
14. Transfer
Fiyuva bu sözleşmeyi herhangi bir zamanda ve bildirimde bulunmaksızın tamamen veya kısmen devredebilir, ancak üye bu sözleşmeyi veya herhangi bir kısmını başka bir tarafa devredemez. Bu tür bir devretme girişimi geçersizdir.
15. Dispute Resolution
Izmir Courthouse Courts and Enforcement Offices are authorized to resolve any disputes arising from the implementation or interpretation of this Contract.
16. Termination of contract
This contract will remain in effect until the member cancels his/her membership or until his/her membership is canceled by Fiyuva. Fiyuva may unilaterally terminate the agreement by canceling the member's membership if the member violates any provision of the membership contract.