Distance Sales Contract
Important: Please carefully read the entire Distance Sales Agreement before using this Digital Product for the first time.
The Buyer is deemed to have read and accepted the agreement conditions in this Agreement, without any further notice requirement, from the first use or operation of the Digital Product (purchased package) subject to the Agreement. If the Buyer does not accept these provisions, the Buyer cannot benefit from the Digital Products subject to the agreement and cannot use the digital contents and Digital Product. Uses outside these conditions will be considered as infringement of the copyrights of Photivu Teknoloji Yazılım Hizmetleri A.Ş. ("Company"). In case the provisions of this agreement are not accepted by the Buyer, it is the Buyer's responsibility not to purchase the Digital Product subject to the agreement or not to continue using it if the Digital Product has been purchased. The Company does not accept any responsibility for non-acceptance of the provisions of this Agreement after the use of the subject Digital Product has started. The provisions of this Distance Sales Agreement are valid for all versions of the Digital Product regardless of whether it is used on a computer, tablet or phone. All intellectual and industrial rights related to the Digital Product subject to the Agreement belong to Photivu Teknoloji Yazılım Hizmetleri A.Ş. ("Company"). The Company will take legal and criminal action against the relevant person or persons in cases of unauthorized use, reproduction, distribution, offering for sale and similar situations of any digital content on www.photivu.com.
1. SUBJECT
The subject of this Agreement is the determination of the rights and obligations of the parties in accordance with the provisions of Consumer Protection Law No. 6502 and Distance Contracts Regulation regarding the sale of the Digital Product specified in article 3, which has the qualities mentioned in this Agreement and the Pre-Information Form, which the Buyer has purchased electronically from the website www.photivu.com belonging to the Company, and the determination of conditions regarding the limited use license of the Digital Product. The Digital Product offered to the Buyer within the scope of this Agreement covers the usage rights of photo uploading, photo finding and matching, event-based content viewing and management, access to digital contents and all features and functions offered within the platform.
The Buyer accepts and declares that they have knowledge of all preliminary information about the Digital Product such as the basic qualities of the Digital Product for sale, sales price, payment method, that they have confirmed this preliminary information electronically and subsequently purchased the Digital Product electronically in accordance with the provisions of this Agreement. The Pre-Information Form and the invoice containing the price of the Digital Product to be sent on behalf of the Buyer are integral parts of this Agreement.
2. PARTIES AND DEFINITIONS
SELLER:
Company Name: Photivu Teknoloji Yazılım Hizmetleri A.Ş. ("SELLER")
MERSIS No: ………………………….
Address: Maslak Mahallesi AOS 52. Sokak 42 Maslak Ofis 4 Sarıyer/İstanbul
Phone: 0 212 236 7441 (Customer Service)
E-mail: info@photivu.com
KEP address: @hs01.kep.tr
Web Address: www.photivu.com
Buyer: The person who purchases the Digital Product subject to this Agreement.
2.1 The Buyer accepts and undertakes that the information provided during the conclusion of this agreement is complete and accurate and that they will not use the Digital Product subject to the agreement for any unlawful purpose.
3. DIGITAL PRODUCT INFORMATION AND FEE
3.1. The subject of this Distance Sales Agreement is the Company Digital Product ("Digital Product" or "Package") which constitutes the whole of the digital contents selected for purchase by the Buyer, the details of which are specified in m.3.3.
3.2 Information regarding Digital Product packages is given below. All taxes are included in package prices. The Package consists of digital photo platform usage rights offered by the Company to the Buyer and the contents offered by the platform. The Buyer accepts and declares that they have chosen and purchased the product they deem suitable for themselves with their consent on the package selection screen. If the Buyer wishes to upgrade to higher packages by increasing the contents of their existing package, they must purchase the price difference between their current package and the upper package they wish to upgrade to.
3.3 The packages offered by the Company and the usage rights of the packages are specified in the table below.
+-------------------------------+-----------------------------------------+ | | PACKAGES | +===============================+:===========:+:===========:+:===========:+ | Features | Starter | Standard | Pro | +-------------------------------+-------------+-------------+-------------+ | Photo Upload Limit | 1,000 | 3,000 | 5,000 | +-------------------------------+-------------+-------------+-------------+ | QR Code Sharing | AVAILABLE | AVAILABLE | AVAILABLE | +-------------------------------+-------------+-------------+-------------+ | Custom Watermark | AVAILABLE | AVAILABLE | AVAILABLE | +-------------------------------+-------------+-------------+-------------+ | Custom Branding | AVAILABLE | AVAILABLE | AVAILABLE | +-------------------------------+-------------+-------------+-------------+ | Photo Download Right | AVAILABLE | AVAILABLE | AVAILABLE | +-------------------------------+-------------+-------------+-------------+
3.4 Photo Upload Limit is the maximum number of photos that the Buyer and the users/participants authorized by the buyer within the application can upload to the created event. The Buyer accepts that the limit will not be restored if the uploaded photos are deleted again. QR Code Sharing, Custom Watermark, Custom Branding and Photo Download Right are available for the Buyer's use from the relevant areas within the platform. The relevant uses are explained in detail in the application guidance form at www.photivu.com.
3.5. The features and package scope of the Digital Product are determined by the information shown to the Buyer on the purchase screen and the table in the Pre-Information Form. Current usage guidelines are also provided separately on the Site.
4. DIGITAL PRODUCT USAGE (LICENSE) PERIOD
4.1. The Digital Product usage period is made accessible to the Buyer for up to two years from the date the purchase transaction is made by the Buyer. If the Buyer deletes the event they have purchased, the Seller's obligation to store the digital product for the Buyer's purchase right is also eliminated.
The usage period may be extended or shortened if the parties agree in writing.
5. RIGHT OF WITHDRAWAL
5.1. The Digital Product subject to this Agreement is online and recorded digital content. In this regard, the Buyer accepts that pursuant to Article 15/ğ of the Distance Contracts Regulation prepared based on Consumer Protection Law No. 6502, due to being within the scope of "contracts for services that are instantly performed electronically or for intangible goods that are instantly delivered to the consumer", the Digital Product will be immediately performed upon completion of the purchase transaction, therefore there is no right of withdrawal and they explicitly request that performance be commenced.
6. PAYMENT METHODS
6.1. Payment can be made by one of the following methods:
Payment by Wire Transfer/EFT: Payment is continuing the purchase by selecting the "Pay by Wire Transfer/EFT" payment method for the Digital Product to be purchased on the Company's www.photivu.com web page. To complete the payment transaction, you need to make payment to one of our bank account numbers sent to your specified e-mail address within 5 days. When paying by wire transfer/EFT, you need to write the reference number specifically created for you when you click the "Pay by Wire Transfer/EFT" button in the payment description. If this payment method is selected, wire transfer or EFT fees may be charged to the Buyer by payment service providers for the relevant payment. In such a case, the Company has no responsibility for the relevant wire transfer or EFT fees.
Payment with Iyzico: Payment is continuing the purchase by selecting the "Pay with Iyzico" payment method for the Digital Product to be purchased on the Company's www.photivu.com web page. The Buyer is redirected to the Iyzico Secure Payment page after clicking the "Confirm and Continue" button and payment is processed in this way. 6.2.The Company is not responsible for any disruptions in payment due to errors that may be made by the Buyer during payment. 6.3. The fees for payments made by credit card over the internet are automatically charged from the Buyer's credit card. After the payment transaction is approved, the Digital Product is made available for the Buyer's use. When the Buyer makes payment by Wire Transfer/EFT, the Digital Product is made accessible to the Buyer online within 24 hours after the Digital Product fee is deposited into the account. The Company www.photivu.com website has the right to change the discount or increase fee application according to the period.
7. GENERAL PROVISIONS
7.1. This Agreement is concluded online between the Buyer and the Company at the moment when the Buyer declares that they have read and confirmed the Pre-Information Form; that they have read and accepted this Distance Sales Agreement, and produces its provisions and consequences from this moment. 7.2. Regarding the Digital Product purchased by the Buyer; the sale is completed without any further action following the approval of the Pre-Information Form and Distance Sales Agreement and the payment for the Digital Product. Said approval transactions mean acceptance of the usage scope and conditions of the Digital Product. In this way, the Digital Product is made accessible to the Buyer online for a certain period and under the conditions in this Agreement.
7.3. Multiple different device types can log into the Company's application at the same time.
8. BUYER'S SCOPE OF USE, OBLIGATIONS AND DECLARATIONS REGARDING THE DIGITAL PRODUCT
The Buyer is deemed to have declared by approving online that they have read, understood, confirmed and accepted all preliminary information about the Digital Product specified in article 3 before purchasing the Digital Product. The Buyer has obtained the right to use and benefit within the scope and conditions specified in the Pre-Information Form by purchasing the said Digital Product.
8.1. Buyer's Declarations
The Digital Product requires internet access. Providing, quality and security of such internet connection is the Buyer's responsibility. The Buyer accepts and declares that the Company will not be responsible under any circumstances for hardware deficiencies of their electronic device(s) related to the use of the Digital Product; for problems arising from internet quality or access.
8.2. Buyer's Obligations
The Buyer accepts, declares and undertakes that they will show the necessary care and attention for the confidentiality of information such as passwords and email required for platform access, will not disclose the password and email information to any third party, will not allow any third party to use the Digital Product, and will immediately notify the Company if they learn or suspect that their password has been seized by unauthorized third parties. The Buyer accepts, declares and undertakes that they will use the Digital Product subject to the agreement in accordance with the provisions of this Distance Sales Agreement. The Buyer accepts, declares and undertakes that the Digital Product will be used only by themselves, that they will not rent the Digital Product to a third party and will not sell it. The Buyer accepts, declares and undertakes that the information provided during purchase is complete and accurate and that they will immediately inform the Company of any changes in this information that occur subsequently. The Buyer accepts, declares and undertakes that they will immediately and without delay inform the Company if any privacy violation occurs while using the Digital Product. The Buyer knows that the Company has trademark rights, copyrights and other intellectual and industrial rights on all content, software and other features used in the Digital Product and accepts, declares and undertakes to use the Digital Product in accordance with article 12 of this Agreement within this scope. The Buyer accepts, declares and undertakes that they will not engage in any action that damages the Company's intellectual and industrial rights. The Buyer accepts and declares that they are responsible for all actions they take while using the Digital Product.
9. COMPANY'S DECLARATIONS AND UNDERTAKINGS
9.1. The Company is responsible for the Digital Product subject to this Agreement to conform to the qualities specified in the Pre-Information Form. The Company cannot be held responsible under any circumstances for problems arising from internet connection, device, technical and Buyer-related issues not directly related to the Digital Product. Additionally, the Company does not guarantee that the software on which the Digital Product is based will operate flawlessly and without interruption. 9.2. The Digital Product may be closed to access on certain days for reasons such as software development. The Buyer knows that the Company shows the necessary care and effort to correct such a situation if the digital Product is interrupted or differences in performance level are observed due to reasons not originating from the Company, and accepts and declares that the Company has no compensation obligation in such situations. 9.2. Errors, defects or interruptions within the standards similar to those in the market that will not prevent use may occur on the Company's platform. 9.4. In case system and content works such as development and updating of the Digital Product interrupt the Company's platform for more than ten days due to unavoidable reasons, the Company may make a refund to the Buyer by discounting from the price equal to the usage amount of the program. 9.7. The Company is responsible to the extent permitted by legislation for loss or damages suffered as a result of any content offered with the Digital Product, data loss or any errors, damages or corruptions in any audio, video, photo, software, equipment or content, any copyright and/or property right infringement that will occur as a result of the Buyer's use of the Digital Product; The Company is not responsible for data loss and third party-related failures that develop outside the Company's fault. Additionally, the Company will not be responsible in any way for damages that occur as a result of the Buyer's actions contrary to the provisions of this Agreement. 9.8. The Company is authorized to make changes, remove the necessary feature within reasonable limits, and/or add a new feature, and make updates without prior notice to adapt features to Digital Product programs, entirely at its own discretion, on any digital feature offered with the Digital Product.
10. TERM, TERMINATION AND CANCELLATION OF THE AGREEMENT
10.1. This Agreement automatically expires at the end of the period specified in article 4.1 of this Agreement, without any further action. 10.2. The Company may immediately and without notice terminate the Agreement if the Buyer does not fulfill their obligations arising from this Agreement as specified in this Agreement. In this case, the Buyer cannot claim any fee from the Company. 10.3. Due to reasons arising from legislation, based on any court decision, involving public order, imminent danger, fraud, data breach or other cyber security risks, or reasons such as fulfilling the obligations arising from the contract in which the Company is a party, the Company platform and/or Digital Product may be restricted, suspended or terminated at any time and without notice; the Digital Product license may be cancelled at any time before its term, without notice. In this case, the Buyer accepts and undertakes that the Company has no obligation to refund any fees related to the Company platform and/or Digital Product or that they cannot make any claim for compensation or payment under any name from the Company. 10.4. The Company may, at its own initiative, without giving any reason to the Buyer and without prior notice, terminate the Company platform and/or Digital Product in whole or in part at any time. If the Company, without any justifiable or valid reason, suspends, puts on hold or partially suspends the activities of the Company platform or before the Digital Product package period, it calculates the refund of the package fee proportionally to the suspended part in the Digital Product and the Buyer's remaining usage period. In case the activities of the Company platform and/or the Digital Product license are terminated by the Company before their term for any reason, the Buyer cannot make any other compensation claim or any other claim from the Company beyond this.
11. USAGE LIMITS
11.1. The Buyer cannot engage in reverse engineering, in whole or in part, regarding any software component of the Digital Product or the content offered in the Digital Product, cannot attempt to obtain improper access, cannot copy, imitate, or sell the Digital Product in whole or in part, including second-hand. Cannot use the Digital Product for purposes other than those in the Distance Sales Agreement and Pre-Information Form, cannot engage in any action that would infringe the Company's intellectual property rights or other rights, cannot engage in actions that would damage the integrity of the system or any content in the system, cannot cover, remove, alter or distort any trademark or sign on the Digital Product, cannot copy, rent, license or sell, including second-hand, any part or all of the Digital Product, cannot use malicious software or harmful code of a nature harmful to the Digital Product, cannot use the Digital Product to develop, commercialize, license or sell any service, Digital Product or technology that could directly compete with the Digital Product, cannot violate national or international legislation provisions while using the Digital Product, cannot engage in actions that would infringe the rights of the Company or any third party including but not limited to copyright, trademark, patent, trade secret, cannot share user information or password information allocated for the use of the Digital Product, cannot use the Digital Product in violation of the provisions in this Distance Sales Agreement and Pre-Information Form. 11.2. The Company reserves the right to resort to compensation provisions and/or criminal provisions pursuant to the Turkish Code of Obligations, Turkish Commercial Code and relevant legislation due to damages suffered from this violation. 11.3. The Company reserves the right to terminate this Agreement, end the use of the digital content provided to the Buyer and close, restrict or suspend the Buyer's access to the digital content due to the Buyer's actions or transactions contrary to the provisions of this Agreement. 11.5. In case of the Buyer's use of the Digital Product contrary to the provisions of this Agreement, except for the above provisions, the Company reserves the right to make all necessary interventions.
12. DISCLAIMER
12.1. The Company is released from liability by showing the expected care and diligence that the Digital Product subject to this Agreement performs its ordinary functions expected from the Digital Product. The Company does not undertake to the Buyer that the system will operate flawlessly. 12.2. The Company has the right to close the Digital Product subject to this Agreement to access on certain days for reasons such as software development. The Buyer knows that the Company shows the necessary care and effort to correct such a situation if the digital contents are interrupted or differences in performance level are observed due to reasons not originating from the Company, and accepts and declares that the Company has no compensation obligation in such situations. 12.3. The Buyer accepts the provisions of this Agreement by starting to use the said Digital Product and it is accepted that the Buyer knows the scope regarding the use of the Digital Product. The Buyer who purchased the Digital Product cannot resort to the Company's responsibility on the grounds of not knowing this Agreement. The Distance Agreement will be accepted and approved. 12.4. In case the Buyer has limited legal capacity, it is accepted that valid and lawful permission has been given by the Buyer's parent/guardian for the Buyer to be a party to the Agreement. The Company will not be responsible in any way for claims to the contrary and the Buyer will be directly responsible for all damages of the Company that will arise in such case. 12.5. The Company cannot be held responsible in any way for hardware or operating system failures that may be directly or indirectly related to the use of the said Digital Product, database software whose copyrights do not belong to the Company, communication network (network) design and connection errors, voltage fluctuations and power outages, virus infections and information and software losses arising from similar environmental factors and Buyer/user errors. 12.6. The Buyer accepts, declares and undertakes that in case the Digital Product cannot be used due to natural disasters such as earthquakes, fires, floods, or due to war, terrorist acts, or due to reasons beyond the Company's control that may occur in elements based on network communication infrastructure such as internet infrastructure, data lines, the Company will have no responsibility and will not make any claim for compensation or any other claim from the Company under any name. 12.7. The Buyer cannot make any claim for compensation or any other claim from the Company by claiming that their system has been damaged due to the Digital Product they have received, that malicious codes such as viruses have been transmitted to their system due to downloaded content. 12.8. The Company cannot be held responsible under any circumstances for damages arising from the Buyer's actions contrary to the contract.
13. ELECTRONIC MESSAGE
13.1. The Company may make notifications to the Buyer without the Buyer's permission at the stages of payment processing and correction of malfunction-error situations, due to the fulfillment of the Digital Product's performance. 13.2. Pursuant to Article 2/b of the Regulation on Commercial Communication and Commercial Electronic Messages, the Company may send commercial electronic messages to the Buyer only if the Buyer gives explicit consent. Mandatory notifications (order, payment, delivery/access, security, password reset, etc.) may be communicated without seeking consent.
14. PROTECTION OF PERSONAL DATA
14.1. In order to provide personalized service to the Buyer, it may be necessary to obtain name, surname, address and e-mail address during the purchase of the Digital Product, during registration to the platform or after registration within the platform. At this stage, confirmation of the accuracy of the Buyer's information is important for the functionality of the Digital Product. 14.2. The Company records the IP address of the electronic device on which the Digital Product is installed due to being directly related to the establishment and performance of the Agreement (KVKK Law No. 6698 m.5/2-c). Processing of the Buyer's IP address is necessary for ensuring the security of the Digital Product and for correcting malfunctions-errors that may arise in the future.14.3. The Company may evaluate, analyze the Buyer's personal, system usage data and other information without violating the Buyer's security, within the framework of the Personal Data Protection Law No. 6698 and relevant legislation, and may share with third parties when necessary, and this data is classified in a database anonymously for usage evaluation practices and for fulfilling its own obligation and for certain statistical evaluations and is stored for storage periods in accordance with legislation. 14.4. The Buyer can access the KVKK Information Notice prepared within the scope of the Personal Data Protection Law from the www.photivu.com website for more detailed information.
15. COMMERCIAL ELECTRONIC MESSAGES
15.1. If the Buyer consents to commercial electronic messages, the Company may send commercial electronic messages to the Buyer through the registered e-mail address on the www.photivu.com platform or by calling or sending SMS to the phone number, for the purpose of promoting and marketing its goods and services. The Buyer is obliged to keep the e-mail address and phone number registered with the Company accurate and current. 15.2. The Buyer has the right not to consent to the sending of commercial electronic messages or to withdraw their consent. In this context, they may withdraw their consent by the methods listed in the relevant legislation, and additionally the Company provides the opportunity to change preferences regarding commercial electronic message sending via short message after purchase to facilitate the exercise of this right by the Buyer.
16. TERM, TERMINATION AND CANCELLATION OF THE AGREEMENT
16.1. This Agreement automatically expires at the end of the period specified in article 4.1 of this Agreement, without any further action. 16.2. On the day the Digital Product package ends, Application credits and/or rights within the content are deleted even if unused. Periods related to packages purchased from application stores are as stated in the package content. 16.3. The Company may immediately and without notice terminate the Agreement if the Buyer does not fulfill their obligations arising from this Agreement as specified in this Agreement. In this case, the Buyer cannot claim any fee from the Company. 16.4. In case system and content works such as development and updating of digital contents related to the purchased Digital Product interrupt the Company's platform for more than ten days due to unavoidable reasons, the Company may make a refund to the Buyer by discounting from the price equal to the usage amount of the program and the Agreement may be terminated.
17. PARTIAL INVALIDITY
If any provision in this Agreement becomes invalid, this invalidity will not spread to the whole agreement and the agreement will remain valid with its other provisions.
18. COMPETENT AUTHORITY IN CASE OF DISPUTE
The Buyer may apply to the Consumer Arbitration Committee or Consumer Court in their location in case of disputes arising from or related to this Agreement if the Buyer has consumer status.
19. ENTRY INTO FORCE
19.1. This Agreement will enter into force with all its provisions, conditions and annexes if read and approved electronically by the Buyer. The Buyer has read and approved the Agreement knowing this.