Pre-Information Form
1. SUBJECT
The subject of the Pre-Information Form covers the rights and obligations of the parties in accordance with the provisions of the Turkish Commercial Code, Code of Obligations and Consumer Protection Law No. 6502 and Distance Contracts Regulation regarding the sale and use of the Digital Products whose qualities and sales price are specified below, which Photivu Teknoloji Yazılım Hizmetleri A.Ş. ("Company") sells to the Buyer. The information stated in the Pre-Information Form is an integral part of the Distance Sales Agreement.
The Buyer declares that they have been informed by the SELLER in a clear, understandable and appropriate manner for the internet environment about Photivu Teknoloji Yazılım Hizmetleri A.Ş.'s trade name, open address, telephone and other contact information, the basic qualities of the Digital Product for sale, sales price, payment methods, all preliminary information about the Digital Product for sale and the official authorities to which they can submit their complaints and objections about the Digital Product; that they have confirmed this preliminary information electronically, that after the completion of the Digital Product purchase transaction - pursuant to Article 15/ğ of the Distance Contracts Regulation, there is no right of withdrawal in contracts for digital content that are immediately performed electronically, that the Digital Product will be immediately performed upon completion of the purchase transaction and that they know, understand and accept that they have waived the right of withdrawal in this context.
2. PARTIES
Seller Trade 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 SUBJECT TO THE AGREEMENT AND ITS PRICE
3.1 The subject of this Pre-Information Form 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 Digital Product is provided to the Buyer when the Buyer's access to the Digital Product is realized or when the package is assigned to the Buyer's account.
3.6 The Digital Product covers the usage rights of photo uploading, photo finding, event-based content viewing, content management and all other digital features and functions offered by the platform.
3.7 The Digital Product subject to purchase becomes operational by being assigned to the purchaser's account from the moment of purchase. The functionality of the Digital Product is provided with a usable internet network. In this regard, it is accepted that the Buyer knows that it is necessary to have an internet network on electronic devices in order for the use of the Digital Product to continue efficiently.
3.8 More detailed information about the Digital Product is available at www.photivu.com. Additionally, detailed usage terms regarding the Digital Product can be accessed from the Distance Sales Agreement.
4. DIGITAL PRODUCT USAGE 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. PAYMENT METHODS
Payment is made by 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. NON-EXISTENCE OF RIGHT OF WITHDRAWAL
The Digital Product subject to this Pre-Information Form and Distance Sales Agreement is within the scope of intangible goods that are immediately performed electronically and immediately delivered to the consumer, and pursuant to Article 15/ğ of the Distance Contracts Regulation, the Buyer accepts, declares and undertakes that 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.
7. USE OF THE DIGITAL PRODUCT
7.1 The Buyer accepts that they have been informed by the Company about the Digital Product by reading this Pre-Information Form and about the lawfulness of processing information such as name, surname, address, phone, e-mail filled in during registration stages to the application by reading, understanding and confirming electronically the "KVKK Information Notice".
7.2 The Buyer carefully reads, accepts and approves the Distance Sales Agreement for purchase.
7.3 Following the Buyer's payment of the Digital Product price, upon completion of the sale, the Digital Product is made available for the Buyer's use for the period specified in this Pre-Information Form and Distance Sales Agreement.
8. INTELLECTUAL AND INDUSTRIAL RIGHTS WITHIN THE SCOPE OF THE DIGITAL PRODUCT
The Buyer declares and accepts that the visual, software and other contents contained in the Digital Product are the property of the Company or the usage right belongs to the Company, and that by purchasing the Digital Product they only have the right to use exclusively within the limits of legislation and contract, in the manner determined in the Distance Sales Agreement and for the duration determined in the Digital Product content.
9. PROTECTION OF PERSONAL DATA
9.1 The Buyer knows that the personal data shared with the Company at any stage of purchase will be processed and stored to establish the contract and fulfill its own obligation arising from the law.
9.2 The Buyer can access the Information Notice prepared within the scope of the Personal Data Protection Law at the registration stage and from the Personal Data Protection section at www.photivu.com/tr/legal/gdpr website.
10. ABOUT THE OPERATION OF THE DIGITAL PRODUCT
10.1 The Digital Product requires internet access. Providing, quality and security of such internet connection is the Buyer's responsibility.
10.2 Multiple different device types can log into the Digital Product application at the same time.
11. TECHNICAL PROTECTION MEASURES THAT MAY AFFECT THE FUNCTIONALITY OF DIGITAL CONTENTS
11.1 It is possible to access Digital Product contents over the internet, and the internet connection method and speed at the location, the technical specifications of the electronic device being used may affect the effective and efficient use of the Digital Product. Therefore, it is recommended that the Buyer have a sufficiently fast internet connection and an electronic device with hardware supporting the connection in order to get the best use of the Digital Product.
11.2 Since benefiting from the Digital Product may require high data transfer, the Company is not responsible for additional charges that may be made by the internet service provider and charges that may arise from limit-quota overages and other reasons.
11.3 All technical, legal and financial responsibility regarding applications provided by third parties for running digital contents on mobile or desktop devices belongs to the Buyer.
12. FORCE MAJEURE
12.1 In all cases legally considered and accepted as 'force majeure', the Company's liability will be temporarily suspended if it performs any of its obligations determined by this Pre-Information Form and Distance Sales Agreement late or incompletely or does not perform. In such or similar situations, the Buyer knows and accepts that the Company's delay in performance, incomplete performance, non-performance will not be called default or that compensation cannot be claimed from the Company under any name for these situations.
12.2 The term "force majeure" is interpreted as unavoidable events that develop outside the Company's control and that the Company has not caused through its fault, including but not limited to natural disasters, epidemics, riots, wars, strikes, communication problems, infrastructure and internet failures, power outages and bad weather conditions, and injunction decisions issued by courts to block access to the website.
13. APPEAL AUTHORITIES IN CASE OF DISPUTE
13.1 The Buyer knows that they can contact info@photivu.com e-mail address, Live Support available at www.photivu.com website for questions, requests and complaints.
13.2 Additionally, the Buyer may apply to the Consumer Arbitration Committee for applications up to the monetary limit announced by the Ministry of Commerce valid from the beginning of each calendar year for complaints and objections; for applications above the said monetary limit, they may apply to the Consumer Court.
13.3 The Buyer accepts and declares that they have read, understood and approved all information about the Digital Product including but not limited to information regarding the basic qualities, sales price, payment method and performance of the Digital Product.
13.4 The Buyer may keep a copy of this Pre-Information Form digitally as well as printing it. A copy of this approved Pre-Information Form is stored by the Company for the periods prescribed in the relevant legislation.
14. EXCEPTION
The article provisions in this pre-information form that provide legal protection to consumers arising from Consumer Protection Law No. 6502 will only be valid in cases where the Buyer is a Consumer; the relevant articles will not be valid between the parties in cases where the Buyer does not comply with the Consumer definition in Law No. 6502.
The Buyer accepts, undertakes and declares that they have read the Preliminary Information and obtained knowledge and given the necessary confirmation electronically pursuant to Article 48, paragraph 2 of Law No. 6502 and Articles 5, 6 and 7 of the Distance Contracts Regulation.