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Terms of Use

ŞikayetTR Individual Membership System

Please read this agreement carefully before accessing or using the system as a member. By accessing or using the system as a member, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the system, and if you have begun such use, you must stop immediately. ŞikayetTR may make changes to this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the system. You agree to review the agreement periodically to be aware of such modifications, and your continued access or use of the system shall be deemed your conclusive acceptance of the modified agreement.

PURPOSE OF THE AGREEMENT

Article 1

The purpose of this agreement is,

On the one hand, www.sikayettr.com (hereinafter referred to as ŞİKAYETTR in this agreement)

On the other hand, the internet user who will use or is using the ŞİKAYETTR system (hereinafter referred to as the MEMBER in this agreement)

To determine the terms and conditions to which the use of the system is subject, to ensure its binding nature and validity between the parties.

SCOPE OF THE AGREEMENT

Article 2

ŞİKAYETTR, as a complaint and resolution platform accessed via the internet, aims to increase the quality of the presentation of goods and services by acting as a bridge between those who have complaints about the goods or services they have received and those who provide these goods and services. This agreement covers the provisions of the agreement to which users who want to become members of the system in line with this purpose will be bound. For this reason, users who want to convey their complaints to goods or service providers using the ŞİKAYETTR system accept, declare and undertake to be bound by the provisions within the scope of this agreement.

LEGAL STATUS AND LEGAL WARNING

Article 2.1 (Laws No. 5651 and 7258)

ŞİKAYETTR is in the status of a "Hosting Provider" within the scope of Law No. 5651. Complaints, comments, and materials shared by users on the platform are not subject to prior supervision and do not mean that they are approved by ŞİKAYETTR. ŞİKAYETTR absolutely does not encourage or direct illegal activities or unauthorized games of chance in accordance with Law No. 7258. The MEMBER accepts, declares, and undertakes that all legal and criminal responsibility directly belongs to them if they share illegal content through the platform.

PROVISIONS REGARDING MEMBERSHIP AND USE OF THE SYSTEM

Article 3

A - For membership to the system; users accept, declare, and undertake to become a member from the "sign up" section on the system and to fill in all the information requested in this section accurately and completely. The MEMBER accepts, declares, and undertakes that they will be responsible for all damages that ŞİKAYETTR or any third party may incur due to the incorrect or incomplete filling of this information.

B - The MEMBER accepts that they assume all responsibility and risk arising from the use of the system. ŞİKAYETTR does not provide any explicit or implied warranties regarding any service, information, or system content provided through the system, any element or any use of the system. It is solely the responsibility of the MEMBER to evaluate the accuracy, completeness, and usability of all opinions, advice, services, or other information and materials provided through ŞİKAYETTR.

C - The MEMBER, in connection with the use of the system;

  • Will not violate any applicable law of the Republic of Turkey, international convention or the laws of any state,
  • Will not transmit any content that is contrary to the Laws of the Republic of Turkey, international conventions to which the Republic of Turkey is a party, other international conventions and the laws of other countries, that is harmful, threatening, insulting and abusive, abusive or harassing, tortious or defamatory, vulgar, obscene, derogatory, or that could violate another's privacy rights, or that requires the legal and criminal liability of the MEMBER in any other way,
  • Will not represent any person or business before 3rd parties as if they were a representative of that person or business, including but not limited to the owner/owners, officials, or host of ŞİKAYETTR, or express that they are related to these people and businesses in a misleading way that could cause confusion in the minds of the public,
  • Will not change or delete any material included in the ŞİKAYETTR content, including but not limited to text, pictures, graphics, registered trademarks, trade names, and names transmitted to the ŞİKAYETTR content by ŞİKAYETTR officials or other real or legal persons,
  • Will not place or transmit any malicious codes and materials such as viruses, trojan horses, spyware, and dialer programs,
  • Will not use the communication features of the system in a way that restricts or destroys the ability of other MEMBERs to obtain the system's resources by any method,
  • Will not place or transmit any unsolicited advertising, promotional materials, junk mail or spam, chain letters, commercial ideas and announcements, or any other commercially purposed text, picture, sound, graphic, and any other material in any form,
  • Will not redirect the system for their own purposes or view it in any other way using framing or similar navigation technologies

accepts, declares and undertakes.

D - The MEMBER accepts, declares, and undertakes that they will not infringe upon the reputation, commercial prestige, brand, honor, and dignity, and all other personal rights of any real or legal person due to the complaints they write, and will not use phrases and expressions that will lead to unfair competition; otherwise, they will be directly responsible for all damages, losses, expenses, and all other demands and all kinds of lawsuits that may arise from the demands of third parties, ŞİKAYETTR has no responsibility in this regard, they will pay these damages upon ŞİKAYETTR's first demand in case ŞİKAYETTR suffers damage, gives full authority to ŞİKAYETTR to settle with the requesting party, and will pay all expenses such as court costs, attorney fees, settlement costs upon ŞİKAYETTR's first demand.

E - The MEMBER accepts, declares, and undertakes that the complaints sent through the system will be checked by ŞİKAYETTR in terms of applicable legislation, customs and traditions, general morality, and the rules of the Turkish language, and the content of the complaints will be changed when necessary, and they will not have any claim for compensation or similar requests due to these changes.

F - The MEMBER accepts, declares, and undertakes that ŞİKAYETTR has no obligation and guarantee to resolve the complaint in any way regarding the complaints transmitted through ŞİKAYETTR's system, and ŞİKAYETTR has no responsibility due to damages incurred as a result of unresolved complaints or the events subject to the transmitted complaints.

G - The MEMBER agrees to receive calls, SMS, and emails to be sent by ŞİKAYETTR for newsletters, products, services, campaigns, notifications, content, reports, and all kinds of information.

USER OBLIGATIONS

Article 4

Protecting and keeping the password confidential is the member's own responsibility. The member is fully responsible for the problems that will arise from the use of user information by themselves or 3rd parties. Members (individual-corporate) who realize that user information has been used in a fraudulent way are obliged to immediately notify the ŞİKAYETTR site management of the situation. The notification process does not mean that the responsibilities arising from the use of user information end. The information provided by each member who registers to the ŞİKAYETTR site in the registration form is accepted as correct. If it is determined that this information is incomplete, incorrect, or fake, the membership is canceled or blocked and the use of ŞİKAYETTR site services is prevented.

Corporate and individual members cannot use their membership and the ŞİKAYETTR system for any purpose contrary to the laws, in a way that disrupts public order, contradicts general morality, disturbs and harasses others, and infringes upon the intellectual and copyright rights of others. In addition, the member cannot engage in activities and works that prevent or make it difficult for others to use the services provided over ŞİKAYETTR and accepts, declares, and undertakes to comply with the restrictions specified above.

If a request is made from legal authorities when ŞİKAYETTR is used as an instrument for an action considered a crime according to the laws, information about the Corporate Member and/or Members will be submitted to the necessary places in line with the request.

LIMITS OF ŞİKAYETTR'S RESPONSIBILITY

Article 5

ŞİKAYETTR will not be liable in any case for the following:

A - ŞİKAYETTR shall not be liable for any incidental, consequential or indirect damages (including but not limited to loss of profits, business interruption, loss of programs or information) arising from the use or inability to use the system, any transaction, service, information, data, and any other material provided or copied over ŞİKAYETTR, or any delay of such information or service, even if ŞİKAYETTR or its authorized representatives have been advised of the possibility of such damages.

B - ŞİKAYETTR shall not be liable for any claim arising from errors, omissions, or other defects in ŞİKAYETTR and/or any writing, material, or information transmitted through ŞİKAYETTR.

C - The MEMBER is responsible for all telephone, computer hardware, internet and computer security, and the good working, maintenance, updating of all kinds of equipment necessary for accessing and using the system, and all kinds of pricing, taxes, and all kinds of financial obligations of this equipment. The MEMBER is personally responsible for all kinds of damages, lawsuits, and claims they may suffer due to failure to comply with these obligations.

D - If the MEMBER violates any article of this agreement due to access and use of the system, they are responsible for all losses, expenses, damages, and costs, including lawsuit fees and expenses and attorney fees, arising from this violation. ŞİKAYETTR is in no way responsible for these listed items.

E - ŞİKAYETTR reserves the right to disclose current or past MEMBER or system information if it detects that the MEMBER's account is used for illegal activities or in the presence of convincing evidence to justify this.

F - ŞİKAYETTR will not disclose the personal information reported by users in the individual membership form they filled out personally and transmitted through the www.sikayettr.com site to third parties. Personal information includes name, surname, phone number, and e-mail address. However; ŞİKAYETTR may share personal information with the relevant company in order to determine the customer profile, conduct statistical studies, and find a solution to the complaints made within its own structure.

G - ŞikayetTR has the right to display the complaints and satisfactions on the platform, as well as the profile names and profile photos of the complainants, on the own website of the relevant company against which the complaint is written. In this case, complaints written by complainants, profile photo, profile name, and satisfaction score can also be viewed on the website of the relevant company.

ŞİKAYETTR undertakes to keep personal information strictly private and confidential, to consider it as a confidentiality obligation, to take necessary measures and show necessary care to ensure and maintain confidentiality, to prevent all or any part of the confidential information from entering the public domain or unauthorized use or disclosure to a third party. Although ŞİKAYETTR takes the necessary information security measures, ŞİKAYETTR will not have any responsibility in case confidential information is damaged or falls into the hands of third parties as a result of attacks on the www.sikayettr.com site and the system.

ŞİKAYETTR may obtain information about users and users' use of the www.sikayettr.com site by using a technical communication file (Cookie). However, if users wish, they can change their browser settings so that the technical communication file does not arrive or a warning is given when the technical communication file is sent.

Although information regarding the use of the www.sikayettr.com site is kept by ŞİKAYETTR, the information will only be shared with 3rd Parties and other members if permitted. However, it is always possible for ŞİKAYETTR to use the information or share it with third parties provided that it is anonymized.

SPECIAL WARNING FOR INTERNATIONAL USE

Article 6

Aware of the global nature of the internet, the MEMBER agrees to comply with all local laws and other legislation, including but not limited to rules regarding internet, data, electronic mail, or privacy. The MEMBER specifically agrees to comply with the laws and other legislation in Turkey or the country where they reside.

RELATIONS BETWEEN THE MEMBER AND THIRD PARTIES

Article 7

The MEMBER's participation, correspondence, or business relations, and all other relations regarding the presentation of goods and services and their payment, delivery, and any other provision, condition, guarantee, and representation with any 3rd party with whom the MEMBER establishes a relationship through ŞİKAYETTR are solely between the MEMBER and the 3rd party. The MEMBER accepts that ŞİKAYETTR is not responsible for any loss, damage, or any other kind of claim and issue suffered as a result of such a relationship.

FORCE MAJEURE

Article 8

After the acceptance of this agreement by the MEMBER, situations that occur unforeseeably and out of ŞİKAYETTR's control, making it impossible for ŞİKAYETTR to partially or completely fulfill the debts and commitments it has undertaken with this agreement or to fulfill them on time, will be considered as force majeure. (For example; natural disasters such as fire, earthquake, flood, etc., war, etc.). In the event of force majeure, the MEMBER accepts, declares, and undertakes that ŞİKAYETTR has no responsibility or obligation due to failure to fulfill its obligations.

ENTRY INTO FORCE AND DURATION OF THE AGREEMENT

Article 9

This agreement will be established and entered into force upon the MEMBER approving the "I accept" button after reading the agreement to log into the system. The agreement will be established without being subject to any duration. ŞİKAYETTR may suspend the MEMBER's membership or terminate the agreement by canceling their membership at any time without showing any reason. The MEMBER accepts, declares, and undertakes that they will not have any claim from ŞİKAYETTR in case of suspension or membership cancellation and that they waive all rights to lawsuits and claims.

VALIDITY OF ŞİKAYETTR RECORDS

Article 10

The MEMBER accepts, declares, and undertakes that ŞİKAYETTR's book and computer records will constitute valid, binding, definitive, and exclusive evidence within the meaning of Article 287 of the HUMK in disputes that may arise from this agreement, and that this article is in the nature of an evidence contract.

This agreement will be established and enter into force upon the MEMBER approving the "I accept" button.

TERMINATION OF THE AGREEMENT

Article 11

This agreement will remain in effect until the member cancels their membership or their membership is canceled by ŞikayetTR. Either party may unilaterally terminate the Membership Agreement at any time without paying compensation. In case the member violates any provision of the membership agreement, ŞikayetTR will be able to terminate the agreement unilaterally by canceling the member's membership. ŞİKAYETTR has the right to cancel a complaint that creates a suspicion of Fraud without prior notice to the Member, and due to this cancellation, the Member has no right to make any claim from ŞikayetTR.

LAW AND JURISDICTION TO BE APPLIED IN THE RESOLUTION OF DISPUTES

Article 12

The parties accept and undertake that the laws and legislation of the Republic of Turkey will be valid in the resolution of disputes arising from this agreement, and in the implementation and interpretation of the whole or parts of the agreement.

Istanbul courts and execution offices will be authorized in the resolution of disputes between the parties arising from this agreement.

ENTRY INTO FORCE

Article 13

The member's registration means that the member has read all the articles in the membership agreement and accepted the articles in the membership agreement. This Agreement was concluded at the time the member became a member and entered into force mutually.

DECLARATION OF CONSENT

Article 14

By becoming a member, the Member Clarification Text and the Personal Data Protection and Processing Policies are deemed to have been accepted.