1. THE PARTIES
This Membership Agreement (hereinafter referred to as the “Agreement”) between DÜŞYERİ BİLİŞİM TEKNOLOJİ VE ANİMASYON A.Ş. (Central Registration System No: 0556057927200019), (hereinafter referred to as "DÜŞYERİ") and the consumer (hereinafter referred to as ‘’BUYER’’) who downloads DÜŞYERİ’s mobile applications and/or free video offered by DÜŞYERİ via Ios, Android and similar platforms to mobile devices, smart televisions and similar devices, who wishes to approve this Agreement in order to benefit from music, live TV broadcasts, games, digital books and similar content services (hereinafter referred to as "Digital Content") for himself and/or the minors for whom he/she is the legal representative, It was established and entered into force as soon as the BUYER clicks on the "I Accept the Membership Agreement" button in the electronic environment and the acceptance statement is recorded in DÜŞYERİ’s database.
2. PRELIMINARY INFORMATION CONFIRMATION
The BUYER accepts and declares that he is aware of the fundamental characteristics of the digital content services that are being sold, including whether or not they are free, the sales price, the method of payment, and all other matters in accordance with the Regulation on Distance Contracts. He also acknowledges that this Agreement is legally binding. All buyers receive a free basic package, and if they want more content, the standard features of digital content services, the cost, the mode of payment, and any other relevant details will be provided in the application in compliance with the Regulation on Distance Contracts.
3. CONTRACTUAL SERVICES AND FEATURES
4. DATE OF THE CONTRACT
This Agreement has been concluded by the BUYER by declaring that the Agreement has been read and accepted, and will be effective and bear consequences from this moment.
5. MEMBERSHIP PROCEDURES
The BUYER has the possibility to create a membership with the e-mail address given during registration. Multiple memberships cannot be created with the same e-mail address. The BUYER will use the e-mail address given during registration as a username and will have a password created by himself. The BUYER can change his password at any time. The BUYER is entirely responsible for the passwords choice, change and protection.
The BUYER may create profiles both for himself and for the minors for whom he is the legal representative, when the membership is created and during the use of the services. The BUYER accepts and undertakes that all the information given to DÜŞYERİ is correct and that DÜŞYERİ is not responsible for any problems that may arise from the inaccuracy or incompleteness of this information when necessary. In case of a change in the BUYER's information, it is the BUYER's responsibility to update the said information.
The BUYER accepts and undertakes that it will provide the necessary attention and care for the password to remain confidential, that the password and username will not be disclosed to any third parties, that it will immediately notice DÜŞYERİ in case unauthorized third parties will obtain the parties or he/she suspects this, that he/she accepts and undertakes that DÜŞYERİ is not responsible for the damages that may occur if the username and password is used by third parties.
6. REPRESENTATIONS AND WARRANTIES OF THE PARTIES
The BUYER agrees that the Digital Content Services offered by DÜŞYERİ and for which its financial rights/license have the authorization in accordance with the İntellectual And İndustrial Property Rights Law No. 5846, can only be used for personal use within the scope of the terms of this Agreement, and accepts, declares and undertakes that any authorization not expressly stated in the Agreement cannot be used by the BUYER.
DÜŞYERİ providing Digital Content Services under this Agreement does not mean that it gives a commitment or guarantee to the BUYER regarding the supply of hardware and/or software or the proper functioning of the existing hardware and/or software.
DÜŞYERİ may, at any time, temporarily trop up or completely stop the operation of the system and the provision of services due to technical problems and/or developments. The point in question interruptions shall not exceed 1 (one) hour in a day and a total of 24 (twenty four) hours in 1 (one) month. For this reason, the BUYER accepts and undertakes that he/she will not demand any compensation or similar rights and costs from DÜŞYERİ under any name due to the temporary suspension of services.
Digital Content Services offered by DÜŞYERİ will be without interruptions, continuous, secure and of high quality as possible, in line with the industry’s standards. The BUYER accepts and undertakes that DÜŞYERİ is not responsible for the interruption in the service, image quality and security problems and/or the emergence of a general confusion in the country due to interruptions in the internet, speed reduction and similar reasons, war, terrorism, strike, general power outage, earthquake, flood, epidemic, state of emergency, cyber attack, virus-infected devices or a similar force majeure reason.
DÜŞYERİ reserves the right to change the domain name of the website, the appearance, content and digital content of the website and/or applications where Digital Content Services are offered at any time.
The BUYER accepts, declares and undertakes that the SELLER may unilaterally change the provisions of this Agreement, add new articles or remove articles due to technical necessities or changes in the legislation and similar compelling reasons.
The BUYER, accepts and states that the computer or other electronic devices and technical equipment that he/she may use in order to benefit from the paid services that he/she wishes to benefit from under this Agreement meet the minimum criteria required, and in case of not being able to benefit from the services because of the computer and/or technical equipment that does not comply with these criteria DÜŞYERİ has no responsibility and that it will not make any demands from DÜŞYERİ under any name.
The BUYER accepts and undertakes that the DÜŞYERİ applications and the service offered at www.uppyforkids.com are services performed with Data flow over the internet, that the quota of the internet package that the BUYER connects to while using DÜŞYERİ's services will be affected by this situation, and that DÜŞYERİ is not responsible for access costs, quota excess and consequences that may occur.
7. PROTECTION OF PERSONAL DATA
DÜŞYERİ, in order to provide better service and product to the BUYER and to provide proper content for BUYER’S expectations, It records non-specific personal data such as the name, surname, date of birth, address, telephone number, e-mail address of the BUYER or its legal representative via www.uppyforkids.com and DÜŞYERİ applications or the call center in accordance with obligations risen from Personal Data Protection Law Numbered 6698, Law On The Regulation Of Electronic Commerce Numbered 6563, Turkish Penal Code Numbered 5237, Consumer Protection Law and Numbered 6502 and Regulations on Distance Contracts.
DÜŞYERİ is obliged to inform the BUYER, who is the owner of the personal data, and in this context, the BUYER has read this agreement, the Privacy and related Policies on the website of DÜŞYERİ, and the Personal Data Protection Law No. 6698 (hereinafter referred to as “KVKK”), accepts and declares that DÜŞYERİ fulfills its obligation to inform. By accepting this contract, the BUYER is deemed to have authorized the processing, transfer and storage of his personal data.
The BUYER accepts and declares that DÜŞYERİ, within the limits of the scope and purpose of this agreement will process, transfer and keep the personal data of the BUYER(His/her or the minor for whom he/she is the legal representative).
DÜŞYERİ may use the personal data transferred to it within the scope of this Agreement for the purpose of providing products and services correctly and to respond to consumer questions via e-mail, mail or telephone. DÜŞYERİ may use the personal data transferred to him by the BUYER for marketing activities and similar purposes, for communication purposes within legal limitations, via e-mail, mail or telephone. In order to provide better service to BUYERS and within the framework of its legal obligations, it will collect, process, share with third parties and securely store your browsing information, provided that it is not used outside of the purposes and scope specified in the Explanation on the Protection of Personal Data annexed to this Agreement. Application cookies, log files, empty gif files, and/or store information will be collected through third-party sources to create a summary of your preferences. In order to make special promotions to the BUYER or profiles, to offer promotions and marketing offers, to improve the content of the website or mobile application and / or to determine their preferences; can monitor navigation information and/or history in the application. Information collected online and offline may match information collected on the Application in different ways or at different times and use this information together with information from other sources such as third parties.
DÜŞYERİ can transfer the BUYER’s information to third parties. The procedures and principles included in the DÜŞYERİ Personal Data Protection and Processing Policy are applied for the transfer of the BUYER's information. Personal data shared with third parties are for the purpose of providing products and services and increasing service quality. The personal data of the BUYER cannot be processed for other purposes than the purpose of this Agreement. DÜŞYERİ will not sell or disclose the personal data of the BUYER in a way that will allow them to be used for purposes other than those mentioned in this agreement. Exceptional rights stipulated in KVKK are reserved.
DÜŞYERİ undertakes to carry out the internal and external reviews stipulated by KVKK.
The BUYER has the right to access his personal data without being charged any fees. The BUYER, by contacting DÜŞYERİ at www.uppyforkids.com (or via the form on the website); It can claim its rights arising from KVKK. DÜŞYERİ will reply to the BUYER within a reasonable time.
DÜŞYERİ will conclude the requests made by the BUYER regarding the processing, transfer and/or preservation of personal data as soon as possible and in any case within 30 (thirty) days at the latest and free of charge. In order for this period to begin, the BUYER must send his request in writing or by other methods determined by the Personal Data Protection Board to DÜŞYERİ. In cases where the request is rejected by DÜŞYERİ, the response given is insufficient or the timely response is not given; The BUYER can make a complaint to the Personal Data Protection Board within 30 (thirty) days from the date of learning the answer and in any case within 60 (sixty) days from the date of request.
8. SERVICE FEES
The BUYER accepts and undertakes that according to the Digital Content service category chosen by the BUYER, the service fees related to the paid content (TVOD) services announced by DÜŞYERİ on www.uppyforkids.com and/or mobile applications, are paid in the declared ways, unless this payment is made from the services offered by DÜŞYERİ, otherwise he/she will not be able to benefit from the services offered by DÜŞYERİ. The BUYER shall make the payment of the service fee published by DÜŞYERİ on the website of the service to be purchased within the scope of this Agreement online with Credit Card information. The service fees to be purchased by the current DÜŞYERİ users under this Agreement will be reflected on their invoices. Changes in service fees or tax rates will be reflected in the service fees by DÜŞYERİ. Without being limited to these, DÜŞYERİ has the right to make changes in product and/or service fees at any time. If the BUYER does not accept these changes that may occur in the service fees, it has the right to terminate this Agreement within 5 days. The BUYER, who does not terminate this Agreement in this period, it will deemed to have accepted the change in the service fee.
9. REVENUE STAMPS
In case this Agreement is accepted by the BUYER, half of the revenue stamp to be accrued will be reflected on the BUYER’s service fee invoice and it will be collected from the BUYER.
10. WITHDRAWAL RIGHT AND TERMINATION OF SERVICE BY THE BUYER
DÜŞYERİ's products and/or services that are the subject to this Agreement, are not within the scope of the Withdrawal right, as they are intangible goods that are instantly executed in the electronic environment and delivered to the consumer instantly in accordance with the 15/ğ article of the Distance Contracts Regulation. The BUYER accepts and undertakes that he/she knows this particularity from the beginning and will not demand the Right of Withdrawal.
11. CASE OF DEFAULT AND LEGAL CONSEQUENCES
The BUYER will lapse into default in case he/she will not pay the invoices on time, duly or not at all. In case of default of the BUYER, the BUYER shall be responsible for paying the point in quesion invoices together with the contractual delay interest of 3.25% per month. The delay fee is calculated on a daily basis after the payment of the invoice to which the delay is related and reflected on the BUYER’S first invoice. Changes in the interest rate will be included in the invoice, and in case of delay, the updated new rate will be applied.
12. EXPIRATION AND TERMINATION OF THE CONTRACT
If the BUYER fails to fulfill its obligations arising from this Agreement specified in the Preliminary Information Form and this Agreement, the DÜŞYERİ can terminate the contract without delay. In addition, DÜŞYERİ may completely and unilaterally refuse to offer product and/or service subject to this Agreement to its users and terminate the service provision, depending on the changes in business models. İn this case BUYER will not have any right to demand any fees under any circumstances from DÜŞYERİ. The BUYER cannot use the Digital Content Service for other scopes rather than individual purposes, cannot transmit it to third parties or institutions, cannot put into use or transfer. İn case DÜŞYERİ remarks unauthorized use, services offered as a subject to this Contract can be stopped immediately and this Agreement can be terminated immediately without any notice. In this case, DÜŞYERİ reserves the right to demand compensation for its damages and other legal rights. The rights subject to this contract cannot be made subject to commercial purposes by the BUYER under any circumstances. If the BUYER wishes to terminate this Agreement, he/she may terminate his/her membership by giving a written notice to DÜŞYERİ. In such a case, the BUYER accepts and undertakes that he/she will not request the refund of the service fee he/she paid for the relevant month, and that if he/she cancels his/her membership before the commitment period within the scope of the campaign, the discounts and advantages he/she enjoys will be invoiced to him/her. When the BUYER unilaterally terminates his membership, he may request the deletion, destruction or anonymization of his personal data provided under this Agreement. Requests for deleting, destructing or anonymization of the BUYER's personal data are evaluated in accordance with the procedures and principles stipulated by the DÜŞYERİ Personal Data Protection and Processing Policy.
13. SETTLEMENT OF DISPUTES
Istanbul Courts are authorized in disputes that may arise from this Agreement. In addition, the BUYER will be able to make his applications regarding complaints and objections to arbitration committee for consumer problems or the consumer court for consumer problems in the place where he/she has purchased the goods or services or where he/she resides within the monetary limits determined by the Ministry in December every year. Complaints and objection procedures stipulated by Law Number 6698 are reserved for requests regarding personal data.
This Agreement will enter into force as soon as it is read and accepted by the BUYER and will remain in effect until terminated by either Party.