WHOMBUY TERMS OF SERVICE

Effective January 16, 2022

Scope of these terms

We know it's tempting to skip these Terms of Service. However , we think it is important that you understand what you can expect from us and what we expect from you when using Whombuy services .  

These Terms of Service reflect the way Whombuy operates, the laws governing our company, and certain things we have always believed to be true . As a result, these Terms of Service help define Whombuy's relationship with you as you interact with our services. For example, these terms include the following topics:   

·         What you can expect from us (explains how we provide and improve our services) 

·         Our expectation from you (establishes certain rules that you must follow when using our services) 

·         Content on Whombuy services (discloses intellectual property rights in content on our services, whether the content is owned by you, Whombuy or someone else) 

·         In case of problems or disputes (explains any other legal rights you have and what happens if these terms are violated) 

It is important that you understand these terms because when you use our services, you accept them.

Alongside these terms, we also post a Privacy Policy . Although not part of these terms , we recommend that you read the Privacy Policy to better understand how to update, manage, export and delete your information .    

Conditions

Service provider

Legal entity that provides Whombuy services and with which you have an agreement:  

MTK Proje LTD
(Established in accordance with the Turkish Commercial Code and Operates According to the Laws of the Republic of Turkey.)

İnönü Mh. 1773. Cd. 9K/5 Batikent, Yenimahalle/ANKARA. TURKEY

Age requirements

If you are under the age required to manage your own Whombuy Account, you must obtain permission from your parent or guardian to use a Whombuy Account. Please read these terms with your parent or guardian. 

If you , as a parent or guardian, allow your child to use the services , these terms apply to you and your child's use of the services is your responsibility.  

Some Whombuy services have additional age requirements. These terms are described in the service-specific additional terms and policies of the relevant service .  

Your relationship with Whombuy

These terms help define the relationship between you and Whombuy. We allow you to use our services if you agree to abide by these terms, which roughly reflect how Whombuy operates and how it makes money . When we use “ whombuy,” “we,” “us,” and “our,” we mean MTK Proje LTD and its sales partners .      

What you can expect from us

Providing a wide range of useful services

We offer a wide variety of services subject to these terms. E.g:

·         apps and sites (like Search and Maps)

·         platforms (like Whombuy Shopping)

·         integrated services (such as Maps built into other companies' apps or sites)

·         devices

Many of these services also have content that you can play live or interact with.

Our services are designed to be used together. So you can easily switch from one action to the next.

Developing, improving and updating whombuy services

We are constantly developing new technologies and features to improve our services. As part of this ongoing improvement, we sometimes add and remove new features and functionality, remove existing ones, increase or decrease limitations on our services, start new services or stop old ones. If a service requires or includes downloadable software, it will sometimes be automatically updated on your device when a new version or feature is available. Some services allow you to set your auto-update settings yourself.

We will give you reasonable notice if we make material changes that adversely affect your use of our Services or if we stop providing a service (except in emergencies such as preventing abuse of services, complying with legal obligations, or resolving security and usability issues). We also give you the opportunity to export your content from your Whombuy Account using Whombuy Takeout , subject to applicable laws and policies .   

Our expectation from you

Comply with these terms and any service-specific additional terms

The permission we give you to use our services remains valid as long as you comply with the following terms: 

·         these terms

·         service-specific additional terms (which may include, for example, additional age requirements) 

If you want to know the answers to frequently asked questions and what to expect when using our services, you can take advantage of the various policies, help centers and other resources we have at your disposal.

While we allow you to use our services, we reserve our intellectual property rights in the services .  

Being respectful to other people

We want to create an environment where respect prevails for everyone. For this, you must comply with the following basic rules of conduct:

·         Comply with applicable laws, including export control, sanctions, and human trafficking laws.

·         Respect the rights of others, including privacy and intellectual property rights.

·         Do not harm others or yourself, abuse other users, or engage in threatening or encouraging behavior (for example, by illegally impersonating others, deceiving, defrauding, slandering, bullying, harassing, or engaging in a threatening or offensive behavior). by constantly monitoring).

·         Do not misuse, disrupt, interfere with, or damage the Services (for example, by fraudulently or fraudulently accessing or using services, placing malware, spamming, attacking, or circumventing our systems or protective measures). When we index the web to provide you with search results, we follow the standard usage restrictions that website owners specify in their website's rules. Therefore, we expect the same behavior from people who use our services.

If you find that others do not follow these rules, you can report abusive behavior to us through many of our services. 

Permission to use your content

Some of our services are designed to allow you to upload, send, store, receive or share your content . You are under no obligation to provide content to our Services. You are free to provide the content you want. If you do upload or share content, please make sure you have the necessary rights to do so and that the content complies with the law.  

Licence

Your content remains yours, meaning you retain any intellectual property rights to it . For example, you own the intellectual property rights to the creative content you create (such as the comments you write). Or you may have the right to share the creative content of another person who has given you permission.   

If your intellectual property rights restrict our use of your content, we will need your permission. Through this license, you grant Whombuy that permission.

Covered by this license

If your content is protected by intellectual property rights, your content is covered by this license. 

Not covered by this license

·         This license does not affect your privacy rights, it only covers your intellectual property rights.

·         Types of content not covered by this license include:

o    Factual information that you publicly provide (for example, corrections to a local business's address). Since this information is considered to be freely available to everyone, it does not require a license.

o    Feedback you submit (for example, suggestions to improve our services).

Scope

This license:

·         It is worldwide, meaning it applies anywhere in the world.

·         It is non-exclusive, meaning you can license your content to others.

·         It is royalty-free, so this license is completely free.

Rights

This license allows Whombuy to:

·         hosting, duplicating, distributing, transmitting and using your content (for example, saving your content on our systems and making it accessible wherever you go)

·         posting, publicly playing or viewing your content if you set it up for others to see

·         prepare and modify derivative works based on your content (for example, reformatting or translating)

·         sublicensing the following persons or entities:

o    to other users to enable the services to work as designed (for example, to allow you to share photos with the people you choose)

o    our contractors who have signed a contract with us and comply with these terms (only for the purposes described in the Purpose section below)  

Aim

This license is for the following purpose only:

·         use and improvement of services, that is, ensuring that the services are used in accordance with their design purposes, as well as the development of new features and functions. This includes using automated systems and algorithms to analyze your content for the following purposes:

o    detect spam, malware and illegal content

o    recognizing patterns in data (e.g. determining when to suggest new albums in Whombuy Photos to keep linked photos together)

o    customize our services for you, for example, provide recommendations and personalized search results, content, ads (you can change or disable this in Ads Settings) 

This analysis is done as content is sent, received and stored.

·         using the content you share publicly to promote the services . For example, we may use a review you write to promote a Whombuy app. Or, to promote Whombuy Play, we can show you a screenshot of the app you offer on the Play Store.

·         Development of new technology and services for Whombuy consistent with these terms 

Duration

This license is valid as long as your content is protected under intellectual property rights.

If you remove any content under this license from our services, our systems will prevent that content from being publicly available within a reasonable period of time. There are two exceptions:

·         If you shared your content with others before removing it. For example, if your friend copies or reposts a photo you shared with them, that photo may still appear on your friend's Whombuy Account even after you remove it from your Whombuy Account.

·         If you make your content available through other companies' services, Whombuy Search and other search engines may continue to find your content and display it in search results.

Using Whombuy services

Your Whombuy Account

If you meet these age requirements, you may create a Whombuy Account for your convenience . Some services cannot be used without a Whombuy Account.    

What you do with your Whombuy Account is your responsibility. This includes taking reasonable steps to keep your Whombuy Account secure. For this , we recommend using the Security Checkup regularly. 

Using Whombuy services on behalf of an organization or business

There are many organizations (eg businesses, nonprofits, schools) that use our services . When using our services on behalf of an organization:   

·         An authorized representative of that organization must agree to these terms

·         your organization's administrator can assign you a Whombuy Account. That administrator may require you to follow other rules and may access or disable your Whombuy Account.

Service-related communications

In order to provide you with our services, we sometimes send service notices and other information. See Whombuy's Privacy Policy to learn more about how we communicate with you . 

If you choose to send us feedback (for example, if you make suggestions to improve our services), we may take action on your feedback without liability to you.

Content on Whombuy services

your content

Some of our services give you the opportunity to make your content publicly available. For example, you can publish a review about a product or upload a blog post you have prepared.  

·         To learn more about your rights to your content and how your content is used on our services , see Consent to use your content.   

·         See Removing your content to learn why and how we can remove user-generated content from our services .  

If you think someone is violating your intellectual property rights , you can send us a notice of the infringement. Then we take the necessary action. For example, we suspend or close the Whombuy Accounts of repeated copyright infringers as described in our Copyright Help Center .       

Whombuy content

Some of our services include Whombuy content. Many images on Whombuy Maps are examples of this. You may use Whombuy's content to the extent permitted by these terms and any additional service-specific terms , but we reserve our intellectual property rights to our content. Do not remove, cover, or alter our brand, logos or legal notices. If you want to use our brand or logos, please see the Whombuy Brand Releases page.      

Other content

Finally, some of our services allow you to access content owned by other individuals or organizations . For example, a store owner's description of their business or a news article viewed on Whombuy News. You may not use this content without the consent of that person or entity or in any way permitted by law. The opinions expressed by other people or organizations in their content are their own and do not always reflect the views of Whombuy.    

Software in Whombuy services

Some of our services include downloadable software. We allow you to use that software as part of the Services.  

The license we give you:

·         It is worldwide, meaning it applies anywhere in the world.

·         It is non-exclusive, meaning you can license your content to others.

·         It is royalty-free, so this license is completely free.

·         It is personal, that is, it cannot be used by anyone else.

·         It is non-transferable, that is, this license cannot be assigned to anyone else.

Some of our services include software made available under the open source license terms we make available to you. Sometimes there are provisions in the open source license that expressly override parts of these terms. So be sure to read the terms of those licenses.

You may not copy, modify, distribute, sell or rent any part of our Services or software.

In case of problems or conflicts

Both the law and these terms give you the right to (1) receive a certain quality of service and (2) know how to fix problems if something goes wrong.

Guarantee

We act with reasonable skill and care when providing our services . You agree to notify us if we do not meet the quality level specified in this warranty . So that we can try to solve the problem together with you.   

Disclaimers

The commitments we make regarding our services (including the content in the services, certain functionality or reliability of our services, usability, or capacity to meet your needs) are provided in (1) the Warranty section, (2) service-specific additional terms , and (3) laws that are not limited to these terms.     

Responsibilities

For all users

Both the law and these terms try to balance what you or Whombuy can demand of each other should problems arise. The law therefore allows us to limit some liability (but not others) under these terms.  

These terms limit our responsibilities only to the extent permitted by applicable law. These conditions are; does not limit liability for death or personal injury resulting from fraud, misrepresentation or willful misconduct.

Except for the responsibilities described above, Whombuy is solely responsible for violations of these terms or any applicable service-specific additional terms , subject to applicable law .  

For business users and organizations only

If you are a business user or organization:   

·         To the extent permitted by applicable law, both to Whombuy and to its directors and officers, if you use the Services unlawfully or violate these terms or any additional service-specific additional terms , or if third parties take legal action (including that of government officials) in connection with them. You pay compensation to employees and contractors . This indemnification covers any liability or expense arising from claims, losses, damages, court orders, fines, litigation costs and attorneys' fees.    

·         If you are legally exempt from certain obligations (including compensation), those obligations do not apply to you under these terms. For example, the United Nations is immune from certain legal obligations, and these terms do not override those immunities. 

·         Whombuy will not be liable for :  

o    loss of profit, income, business opportunity, reputation or anticipated savings

o    indirect or consequential damage

o    punitive damages

·         Whombuy's total liability arising out of or relating to these terms is limited to (1) $500 or (2) 125% of the fee you paid to use such services in the 12 months prior to the breach, whichever is greater.

Take action in case of problems

Before taking action as described below, we will give you advance notice where possible, explain the reason for our action, and give you the opportunity to troubleshoot. Exceptions to this situation are:

·         causing harm or liability to a user, third party or Whombuy  

·         violating the law or a law enforcement officer's decision

·         breaching the confidentiality of an investigation

·         compromising the use, integrity or security of our services 

Removing your content

If we reasonably believe that your content (1) violates these terms, service-specific additional terms or policies , (2) violates applicable law, or (3) may harm our users, third parties, or Whombuy, such content may be a part of applicable law. We reserve the right to remove part or all of it. This includes pornographic content featuring children, content that facilitates human trafficking or harassment, content with terrorist intent, and content that violates another 's intellectual property rights .     

Suspend or terminate your access to Whombuy services

Whombuy reserves the right to suspend or terminate your access to services or delete your Whombuy Account if:

·         if you materially or repeatedly violate these terms, service-specific additional terms or policies  

·         if we need to do so to comply with a legal obligation or court order

·         If we reasonably believe that your behavior causes harm or liability to a user, third party, or Whombuy (e.g., hacking, phishing, exploiting, spamming), deceiving others, or otherwise not yours. using aggregation content)  

For more information on why we disable accounts and what happens when we do, check out this Help Center page . If you believe your Whombuy Account has been suspended or terminated in error, you can appeal.   

You can stop using our services at any time. If you stop using a service, we'd be happy to learn why. Because so we can continue to improve our services. 

Dispute resolution, applicable law and courts

For more information on how to contact Whombuy, please visit our contact us page.  

The laws of the Republic of Turkey will prevail in all disputes arising from or related to these terms, service-specific additional terms or related services (conflict of laws rules will not be taken into account). These disputes will be settled only in the courts of the Republic of Turkey, and both Whombuy and you agree to the jurisdiction of these courts.    

If certain disputes cannot be resolved under applicable local laws in the Republic of Turkey, you can apply to your local courts for these disputes. Similarly, if applicable local law prevents your local court from applying the laws of the Republic of Turkey to resolve these disputes, such disputes will be governed by the applicable local laws of your country, state or other place of residence.

About these terms

By law, you have certain rights that cannot be limited by a contract, such as these terms of service. These terms are in no way intended to limit such rights.

These terms define the relationship between you and Whombuy and do not establish any legal rights for other individuals or entities (even if others benefit from our relationship with you under these terms).  

Since we want these terms to be easy to understand, we have used examples from our services . However, not all mentioned services may be available in your country.  

If there is any inconsistency between these terms and the service-specific additional terms , the additional terms apply for the relevant service.  

If a particular term becomes invalid or unenforceable, it will not affect any other terms.

Failure to take immediate action if you fail to comply with these terms or any additional service-specific terms does not constitute a waiver of any rights we may have (such as future action).  

These terms and service-specific additional terms (1) to reflect changes in our services or the way we operate (for example, when we add or remove new services, features, technologies, pricing or benefits), (2) for legal or security reasons, or (3) We may update it to prevent misuse of the Services or harm to individuals.  

If we make material changes to these terms or to service-specific additional terms , we will give you reasonable notice and an opportunity to review the changes. There are two exceptions to this: (1) when we launch a new service or feature, or (2) in an emergency, such as to prevent ongoing abuse or meet legal obligations. If you do not agree to the new terms, you should remove your content and stop using the services. If you wish, you can terminate your relationship with us at any time by closing your Whombuy Account.