1. PARTIES
Annexes, as inseparable parts of this agreement (ANNEX-1 Confidentiality Policy) and this Subscription Agreement consisting of explanations regarding utilization of services within the Application (shall hereinafter referred as “Agreement” with all annexes) has been accepted and entered into force between Mobifun Bilişim Hizmetleri İthalat İhracat Ve Ticaret A.Ş. residing at Maslak Mah. Meydan Sok. Veko Giz Plaza N:3 K:2 Sarıyer/İstanbul address (shall hereinafter briefly referred as “WhatsON”) and the “Subscriver” electronically approving subscription to “WhatsON” mobile application.
2. DEFINITIONS
"Application": "WhatsON" named mobile application.
"User": Every real and legal entity accessing the “Application” in online media.
"Subscriber": Real and/or legal entities being subscriber to “WhatsON” mobile application and benefiting from services rendered within the “Application” under conditions given in this agreement.
“Subscription”: It is completed by the “User” willing to be a “Subscriber” in related section of the “Application” through filling the subscription form required for subscription, giving identity information, confirming correctness of identity information, if the service requested to be used in the subscription form is a paid service, making the registration by paying the fee and approval of registration by “WhatsON”. Unless the subscription process is completed, “Subscription” right and power defined in this Agreement shall not be granted.
“Corporate Member”: Private companies and legal entities whose commercial activities are confirmed and who are being subscriber of the “Application” and benefiting from services rendered within the “Application” under conditions given in this Agreement.
"WhatsON Subscription Account”: Information special for the “Subscriber” which the Subscriber performs works and transactions required for benefiting from services rendered within the “Application, making claims from “WhatsON” for issues related with “Subscription”, updates “Subscription” information and view reports related with services rendered, accesses through “Application” with the “user name” and “password” defined and committed to be used solely by itself.
“WhatsON Service Packages (Briefly “Service”): Applications provided by “WhatsON” in order to allow the “Subscriber” to perform works and transactions defined in this Agreement within the “Application. “WhatsON” may make modifications and/or adaptations in its “Services” anytime for enabling the “Subscriber” to realize works and transactions defined in this Agreement in a more efficient way on applications provided within the “Application”. Rules and conditions those must be followed by the “Subscriber” regarding these modifications and/or adaptations performed by “WhatsON” are announced to the “Subscriber” from the “Application” where explanations related with use of the related “Service” by “WhatsON”.
“WhatsON Database” : The database where contents accessed within the “Application” are stored, classified, inquired and accessed belonging to “WhatsON” and protected according to 5846 numbered Law on Intellectual Property Rights.
3. SUBJECT MATTER AND SCOPE OF THE AGREEMENT
Subject matter of this Agreement is to determine services provided in the “Application, conditions for benefiting from these services and rights and liabilities of parties. Agreement and its annexes, various warnings, letters and explanations, etc. statements made by “WhatsON” regarding usage and subscription are within the scope. “User” becomes a “Subscriber” by accepting provisions of this Agreement and all kinds of statements made by “WhatsON” regarding usage, subscription and services given in the “Application”. “Subscriber” hereby accepts, declares and guarantees to act according to all kinds of issues given in statements in question.
4. SUBSCRIPTION CONDITIONS
4.1 In order to be a “Subscriber” to the “Application”, authorization is required for representing and binding the legal entity for legal entities and temporary subscription suspension or permanent ban should not be in question within scope of this Agreement by “WhatsON”.
4.2 Subscription Applications not to be accepted even “Application” registration transactions are completed:
i. Applications made by persons not authorized to represent and bind the legal entity,
ii. Applications made by persons temporarily suspended from subscription by “WhatsON” or whose subscription is suspended or indefinitely removed from subscription,
4.3 “WhatsON” is entitled to unilaterally terminate this agreement without any reason, notification, indemnity and to be immediately enforced any time and terminate the subscription of the “Subscriber” or suspend it temporarily. In case of acting contrary to rules given in the “Application or creating a risk for “WhatsON” information safety system, “WhatsON” may terminate the subscription with its own discretion or temporary suspend the subscription.
5. RIGHTS AND LIABILITIES OF PARTIES
5.1 Rights and Liabilities of “Subscriber”
5.1.1 “Subscriber” hereby accepts that it acknowledges and confirms all conditions and rules and to act in accordance with all directives in force and rules/statements given on the “Application”.
5.1.2. “Subscriber”expressly allows processing and storing personal information by “WhatsON”.
5.1.3. In cases “WhatsON” is liable for making explanations to official authorities in accordance with provisions of Directive in force; “Subscriber” hereby accepts and guarantees that it shall be entitled to disclose confidential / private / commercial information of Users to official authorities and therefore no compensation shall be claimed under any names.
5.1.4. In order to enable “Subscribers” to benefit from services rendered by “WhatsON”, maintaining safety of “user name” and “password” used for logging in the “WhatsON” Subscription Account, enabling usage exclusively and personally by them, protecting against acknowledgement of third persons are sole responsibilities of “Subscribers”. “Subscribers” are responsible for all kinds of neglects and faults regarding safety, protection of “user name” and “password”, protecting from acknowledgement of third persons and exclusively and personally using by them and damages experienced or to be experienced by other “Subscribers”, “WhatsON” and/or third persons.
5.1.5. “Subscriber” shall not, partially or completely, transfer this agreement or its rights and liabilities within scope of this agreement to any third person without written permission of “WhatsON”.
5.1.6. Ones benefiting from services rendered by “WhatsON” and users of the “Application” shall only make transactions on the “Application” for purposes complying with the law. Legal and penal responsibility of all transactions and acts performed by the “Subscriber” within the “Application” shall belong to “Subscriber”. Each “Subscriber” hereby accepts and guarantees not to reproduce, copy, distribute, process images, texts, visual and audio items, video clips, files, databases, catalogues and lists available within the “Application” those may trespass real or personal rights and properties of “WhatsON” and/or another third person or not to upload contents given in this clause on the “Application” as creating such conclusions; not to perform any commercial activities through performing such actions; not to perform acts and transactions facilitating unjust competition directly and/or indirectly. “WhatsON” shall not be directly and/or indirectly responsible for damages experienced or to be experienced by third persons due to activities on the “Application” performed by the “Subscriber” as contrary to provisions of this Agreement and the Law.
5.1.7. ‘’WhatsON DATABASE" and information available in this database shall not be partially or completely copied, transferred to other databases without written permission of “WhatsON” and opened for access and usage of third persons from these databases.
5.1.8. When the “Subscriber” purchases subscription, he/she should enter e-mail information, phone number and other requested information from settings section within the “Application”. In case of failing to enter these information, “Subscriber’s” subscription shall be terminated in case of making a device change, deleting and re-installing the “Application”. No rights shall be claimed from “WhatsON” regarding problems to be experienced by the “Subscriber” in case of failing to register required information into the “Application”.
5.2. Rights and Liabilities of “WhatsON”
5.2.1. "WhatsON" hereby accepts, declares and guarantees to perform services mentioned in this Agreement in accordance with explanations given in the “WhatsON Subscription Account” and conditions given in this agreement regarding presentation of related services, facilitate and operate the required technological infrastructure provided that reserving provisions given in the 4th clause of this Agreement. Liability for facilitating the technological infrastructure given in this clause does not mean an unlimited and incomplete service commitment; “WhatsON” may terminate or suspend its technological infrastructure and services defined with this Agreement without making any notifications any time.
5.2.2. "WhatsON" reserves the right to modify services and contents provided in the “Application”, terminate access and delete. “WhatsON” may use this right without making any notifications and giving time.
6. "WhatsON" SERVICES AND TERMS OF USE
"WhatsON" shall provide “Services” whose scope and terms of use are given in this Agreement to “Subscribers”. Main aim of services provided by “WhatsON” is to provide the application regarding the game finding popular answers given to questions asked to people, supporting IOS and android platforms to “Subscribers”.
6.1. "WhatsON" VIP Services
“Subscribers” may benefit from “VIP Services” announced from “Application” in addition to basic “Services” mentioned above and whose terms of use are given in related sections of the “Application” by paying the indicated fee if a fee is envisaged for the service in question. “Subscribers” hereby accept and guarantee to follow liabilities within framework of explanations made in related section of “Application” regarding services announced in related section of “Application” and defined by “WhatsON” within scope of this clause.
7. PRICING
"WhatsON" shall announce “Service Packages” and “VIP Service” prices and payment conditions given within scope of this Agreement in related sections of the “Application”. Amendments regarding “Service” prices shall be valid when the amendment is announced and in case of any campaign for the price, it shall be valid until termination date of the campaign. Unless otherwise stated in the “Application”, all prices to be collected against “Services” in the “Application” shall be calculated and collected as Turkish Lira (TL). “WhatsON” may collect services priced within the “Application” in various forms (credit card, postal cheque, bank transfer, mobile payment, cable transfer, etc.). These procedures are given in explanations made in related sections of the application. “Subscribers” are liable for making price payments in accordance with explanations given here. Since returning and re-sale to other persons is not possible upon commencement of service package use, purchased Subscription Service Packages shall not be returned. 3D Secure System is used in the payment infrastructure made via Credit Card. See http://www.bkm.com.tr/guvenli-sanal-alisveris.aspx for information on 3D Secure System. The credit card to be used for payments through the System must belong to the “Subscriber”. All responsibility shall belong to the “Subscriber” for payments made with credit card not belonging to the “Subscriber”.
8. CONFIDENTIALITY POLICY
By filling the Subscription Form or various forms given on the “Application”; Users are required to provide various personal information related with themselves to “WhatsON” (name-surname, company data, phone, address or e-mail addresses, etc.).”WhatsON” may use name-surname, phone number, address, e-mail address, date of birth, etc. information requested at Subscription stage out of the purpose and scope defined with the Subscription Agreement for promotion and information aimed communication activities, marketing activities and statistical analyzes via methods such as sms, e-mail, in-site information and other methods or for contacting with the User when required. “Subscriber” expressly allows this situation. Personal information may be transferred to companies having cooperation with “WhatsON”, processed and used by these companies in order to perform market researches and creating database, making improvement aimed researches for processes of “WhatsON”. “Subscriber” hereby approves transfer of Subscribers’ personal information to real entity and/or legal entities in cooperation with “WhatsON” for performing market researches and researches for improving its processes with aims given. “WhatsON” may use information related with “Subscribers” in the “Application” within scope of the Confidentiality Policy given in this Agreement and ANNEX-1 section of this Agreement as an inseparable part of the Agreement. “WhatsON” may disclose confidential information of “Subscribers” to third persons or use within conditions given in the Confidentiality Policy.
9. OTHER PROVISIONS
9.1. Intellectual Property Rights
Information accessed within this “Application and all elements of this “Application” (including but not limited to “WhatsON” INTERFACE, design, text, image, html code and other codes) are belonging to “WhatsON” (shall collectively referred as works of “WhatsON” subjecting to copyrights) or taken by “WhatsON” under a license from a third person. “Subscribers” are not entitled to re-sale, process, share, distribute, exhibit “WhatsON” services, “WhatsON” information and works of “WhatsON” subject to copyrights or allowing other persons to access or use “WhatsON” Services.”Subscriber” shall not reproduce, process, distribute works of “WhatsON” subject to copyright under situations other than explicitly allowed by “WhatsON” within “Application Terms of Use” or perform or prepare works derived from them. When explicit authorization is not given by “WhatsON” within this “Application Terms of Use”, “WhatsON” reserves all rights regarding “WhatsON” services, “WhatsON” information, works of “WhatsON” subject to copyrights, “WhatsON” trademarks, “WhatsON” commercial image or other assets and information provided through this Application.
9.2. Agreement Amendments
“WhatsON” may amend this Agreement unilaterally and depending on its discretion at any time found suitable by announcing in the “Application”. Amended provisions of this Agreement shall be valid on the date of announcement, remaining provisions shall exactly remain in force and continue to cause provisions and conclusions. This Agreement shall not be amended with unilateral statements of the “Subscriber”.
9.3. Force Majeure
"WhatsON" is not liable for delayed or missing performance or failing to perform any acts defined in this Agreement under all circumstances legally considered as Force Majeure. This and similar situations shall not be referred as delay, missing performance or non-performance or default for "WhatsON" or no compensation shall be claimed from "WhatsON" for these situations under any names. Force Majeure term shall be interpreted as inevitable events those are not prevented by "WhatsON" despite due diligence and out of the acceptable control of related party including but not limited to natural disaster, rebellion, war, strike, communication problems, infrastructure and internet failures, improvement or renewal of the system and failures due to this, electricity interruption and bad weather conditions.
9.4. Governing Law and Jurisdiction
In case of any element of foreignness in implementation, interpretation of this Agreement and management of legal relations arising within this Agreement, Turkish Law shall be implemented except Turkish Law Conflicts rules. Istanbul Central Courts and Execution Offices shall be authorized for all kinds of disputes arising or those may arise from this Agreement.
9.5 Validity of "WhatsON" Records
“Subscriber” hereby accepts, declares and commits that electronic and system records, commercial records, book records, microfilm, micro-bill and computer records kept in "WhatsON"s own database, servers shall facilitate binding, final and exclusive evidences for disputes those may arise from this Agreement, hold harmless "WhatsON" from the oath offer and this clause is an evidence agreement under HUMK 287th clause.
9.6. Enforcement
This Agreement and documents and annexes referred in this agreement and are as inseparable parts of the Agreement (shall collectively referred as “Agreement”) have entered into force upon mutual acceptance with electronic approval of the “Subscriber”.