Ypro SUBSCRIPTION AGREEMENT
This Agreement is entered into between Yemek Sepeti Elektronik İletişim Perakende Gıda Anonim Şirketi and Yemeksepeti Users (“Subscriber”) who accept this Subscription Agreement to benefit from the Ypro service on Yemeksepeti mobile application(s).
1. DEFINITIONS
Subscriber: Refers to the consumer who is a Yemeksepeti user acquiring, using, or benefiting from the Ypro service for non-commercial or non-professional purposes.
Subscription: Refers to the Ypro subscription type chosen by the Subscriber based on their own preference.
Monthly Subscription: Refers to the Ypro subscription package that is renewed within 1-month periods unless cancelled by the Subscriber or Yemeksepeti.
Quarterly Subscription: Refers to the Ypro subscription package that is renewed every quarter (three-month terms) unless canceled by the Subscriber or Yemeksepeti.
Annual Subscription: Refers to the subscription package valid for 1 year from the subscription date, for which the Subscriber commits to benefiting from the Ypro service for a duration of 1 year.
Ypro Advantages/Services: Refers to the advantages/services created according to the Membership Plan and usable only on Yemeksepeti Systems.
Law: Refers to the Law No. 6502 on the Protection of Consumers.
Seller: Refers to Yemek Sepeti Elektronik İletişim Perakende Gıda Anonim Şirketi.
Agreement: Refers to this Ypro Subscription Agreement concluded between Yemeksepeti and the Subscriber.
Yemeksepeti: Refers to Yemek Sepeti Elektronik İletişim Perakende Gıda Anonim Şirketi.
Yemeksepeti Platforms/Systems: Refers to Yemeksepeti mobile application/applications.
2. SUBJECT OF THE AGREEMENT
This Agreement sets forth the rights and obligations of the Parties regarding the subscription service that will be formed upon the Subscriber's purchase of the Ypro Service on Yemeksepeti Platforms/Systems in an electronic environment, as well as the sale and use of said Service.
Potential Advantages/Services to be provided within the scope of the Subscription have been explained in detail to the Subscriber on Yemeksepeti Platforms.
Within the scope of the Ypro, Yemeksepeti may offer the Subscriber special offers, subscription terms, and various campaigns and discounts. These campaigns and discounts may vary in terms of scope, duration, conditions, and user groups. The Subscriber may benefit from the subscription terms, campaigns, and discounts presented to them.
3. SELLER INFORMATION
Seller: Yemek Sepeti Elektronik İletişim Perakende Gıda A.Ş.
Seller Address: Esentepe Mahallesi Dede Korkut Sk. Ferkoo Apt. No:28/01 Şişli/İstanbul.
Mersis Number: 0947045746800015.
Seller Channels: The "Help Center" area located on Yemeksepeti Platforms/Systems.
4. Ypro SERVICE DETAILS
Ypro Service consists of presenting the Subscriber with contents such as discounts, priority in customer service, and similar advantages listed in detail on the Yemeksepeti System and offered either by Yemeksepeti Member Merchants or third parties, both individually and as a whole.
Contents in Ypro Service may be changed, renewed, or completely removed by Yemeksepeti from time to time.
5. MEMBERSHIP, MEMBERSHIP TERM, AND PAYMENT
Ypro can only be used by consumers aged 18 or older who use credit/debit cards and are Yemeksepeti Users.
In accordance with the legislation, Yemeksepeti has the right to accept or reject the Subscriber's Ypro membership, and to stop the Subscriber's Ypro membership in necessary cases.
The Subscriber can create a Ypro membership by defining a credit/debit card to their account. The Subscriber has the right to change the registered credit card information if they wish.
The Ypro Subscription type is offered to Yemeksepeti Users on a monthly, quarterly and annual basis.
Yemeksepeti Users can choose Ypro Subscription as monthly, quarterly or annual according to their preferences.
Monthly Subscription is valid for one- month periods and the subscription shall automatically renew for one-month periods unless the membership is cancelled by the Subscriber or Yemeksepeti before the next payment date.
Quarterly Subscription remains valid for three months starting from the commencement of the Ypro subscription. Unless cancelled by the Subscriber or Yemeksepeti before the subsequent payment date, the subscription will automatically renew for successive three-month terms.
Annual Subscription is valid for 1 year from the creation of the Ypro subscription and will automatically renew for 1 year unless the membership is cancelled by the Subscriber or Yemeksepeti before the next payment date.
Should the Subscriber fail to cancel the membership, the subscription fee will be automatically charged by Yemeksepeti to the Subscriber’s preferred or last recorded credit/debit card at each renewal interval.
The Subscriber acknowledges and declares that they are aware that all pricing and payments will be conducted in Turkish Lira (TL) during the purchase of subscription packages, placing orders, and utilizing any subscription-related benefits via the Yemeksepeti System.
The Subscriber accepts, declares, and undertakes that when they pay the subscription fee using the credit/debit card registered to their account, such card will be used for automatic payments in subsequent periods—monthly if a monthly subscription is selected, for the following three-month period if a three-month subscription is selected, and for the renewal period of the following year if an annual subscription is selected. If the Subscriber does not wish their subscription to renew automatically, they must cancel their membership.
If the Subscriber does not cancel the membership, the membership fee will be automatically collected by Yemeksepeti through the Subscriber's preferred payment method or the last registered credit/debit card in each subscription renewal period.
The Subscriber accepts, declares, and undertakes that when they pay the Ypro Subscription fee with the credit/debit card defined in their account, said card will be used for automatic payment in the following term.
If the Subscriber does not want their subscription to be automatically renewed, they must cancel the Ypro membership.
If the Subscriber makes a payment with a non-registered credit/debit card, they accept that they know the credit/debit card used during the first purchase of the Service will also be used in subsequent subscription renewal periods.
If the Ypro subscription fee cannot be charged to the Subscriber’s credit/debit card during monthly, quarterly, or annual renewal periods, the Subscriber may be granted an additional 48-hour period to complete the payment. If the payment is successfully completed within this period, the Ypro service usage period will be renewed as of the date the payment is collected, in accordance with the most recently selected subscription type. If the payment still cannot be collected through this method, the fee will be automatically charged by Yemeksepeti using other payment methods registered in the system (e.g., other credit or debit cards).
In any case where the Ypro subscription fee cannot be collected, Yemeksepeti may continue attempting to process the subscription renewal for up to 30 (thirty) days following the date of the first failed payment, using either the Subscriber’s registered card or other available payment methods in the system. If the payment cannot be successfully collected within this period, the subscription will be terminated. If the Subscriber wishes to benefit from Ypro services again, they must create a new Ypro membership.
In case the Ypro subscription fee cannot be collected by Yemeksepeti during subscription renewal periods, Yemeksepeti may suspend the Subscriber's use of the Ypro Service or terminate the Ypro service.
The Subscriber accepts, declares, and undertakes that in the event the Bank does not pay the fee subject to the Agreement to Yemeksepeti as a result of the unfair use of the Subscriber's credit/debit card by unauthorized persons following the provision of the Service, the Seller may suspend or terminate the Subscriber's use of the Service.
Each Yemeksepeti user can purchase Ypro service only once in the relevant Subscription period. The Subscriber accepts, declares, and undertakes that they have created their order by accepting this matter, and that requests exceeding the quantity limit may be blocked and cancelled by Yemeksepeti.
6. SUBSCRIPTION CANCELLATION AND TERMINATION
The Subscriber may cancel their Ypro Membership at any time. However, the cancellation will be effective for the next renewal period.
The Subscriber can perform the Ypro subscription cancellation by visiting the "Account" page on the Yemeksepeti System and clicking on “Manage Subscription” and "I would like to unsubscribe" section from the "Ypro" tab.
By canceling the Ypro subscription, the Subscriber may continue to benefit from Ypro Advantages/Service until the end of the billing period.
In case of cancellation, no partial fee refund will be made to the user by Yemeksepeti.
The Subscriber cannot transfer or assign the Ypro membership or any advantage within the scope of the membership to others.
In case of violation of this Agreement by the subscriber (e.g., the subscriber sharing their account with third parties), Yemeksepeti may, at its own discretion, terminate the subscriber's Ypro subscription immediately. In this case, no fee refund will be made to the Subscriber.
Yemeksepeti may terminate this Agreement immediately without showing any reason by giving notice to the Subscriber.
7. AGREEMENT CHANGES
In the event of a change in the subscription content or amount, or if a new fee is introduced for the first time, these changes will come into effect at least 3 (three) days in advance, by notifying the Subscriber via the electronic mail address registered in Yemeksepeti systems and/or through Yemeksepeti systems.
If Yemeksepeti makes changes to the Ypro Subscription fees, it will notify the Subscriber of this change at least 30 (thirty) days in advance through the methods specified above.
The Subscriber accepts, declares, and undertakes that Yemeksepeti always has the right to make changes to the Ypro service/advantage content as it wishes.
If the Subscriber continues to use the Service after such notifications, they are deemed to have accepted the changes. Otherwise, the Subscriber has the right to terminate the Agreement without penalty or additional obligation, effective from the next subscription period, by not accepting said change.
8. OTHER PROVISIONS
The purchased Ypro subscription is delivered to the Subscriber via the electronic environment upon the Yemeksepeti User giving electronic approval to this Agreement on the Yemeksepeti System and the collection of the Subscription fee.
The Subscriber accepts that Yemeksepeti is not responsible for any disruptions, delays, or the partial or complete failure to provide the service for any reason in the performance of contents, services, or advantages offered by third parties within the scope of the Ypro Service/Advantages. In such cases, the Subscriber accepts and declares that they will not demand any refund, content change, or continuation of service from Yemeksepeti.
The Ypro Service may be temporarily suspended partially or completely due to force majeure events such as (including but not limited to) natural disasters, fire, war, mobilization, terrorist attacks, cyber attacks, general internet infrastructure failures, power outages, interventions by official authorities, technical problems in domestic or foreign data centers, widespread system failures, and similar events that develop outside the control of the Parties during the subscription period and are unpredictable and unavoidable.
The failure to provide goods and services offered by third parties within the Ypro service for any reason, temporarily or permanently, is also accepted as a force majeure event outside the responsibility of Yemeksepeti.
In the presence of force majeure, said situation cannot be accepted as delay, incomplete performance, non-performance, default, or defective performance for Yemeksepeti, and the Subscriber cannot claim a refund or any fee under any name from Yemeksepeti for this reason.
If the Ypro service is provided defectively due to reasons attributable to Yemeksepeti’s fault, the Subscriber’s rights set forth in Article 15 of the Law are reserved.
9. RIGHT OF WITHDRAWAL
The Service subject to this Agreement is provided over the electronic environment due to its nature and is performed instantly over the electronic environment and delivered to the Subscriber (consumer).
Therefore, within the scope of Article 15/1 of the Regulation on Distance Contracts, the Subscriber does not have the right of withdrawal for the Ypro service.
10. DISPUTE RESOLUTION
In the application of the Agreement, Consumer Arbitration Committees at the place where the Subscriber performed the transaction and where their residence is located, in accordance with the values declared by the Ministry of Trade each year, and in disputes above said value, the Consumer Courts at the place where the consumer transaction was performed or the consumer's place of residence are authorized, provided that a mediator is consulted before filing a lawsuit in accordance with Article 73/A of the Law.
11. NOTIFICATIONS AND EVIDENCE AGREEMENT
Any correspondence between the Parties under the Agreement, except for mandatory cases listed in the legislation, will be made through the electronic mail registered by the Subscriber in the system.
The Subscriber accepts, declares, and undertakes that in disputes that may arise from the Agreement, Yemeksepeti's commercial books, computer, records, and other documents shall constitute binding, conclusive, and exclusive evidence, and that this article is in the nature of an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure.
12. EFFECTIVENESS
This Agreement has been read by the Parties, concluded on the transaction date by the Subscriber giving approval in the electronic environment, and has entered into force.
For every situation not regulated in this Agreement, Yemeksepeti Terms of Use shall be valid.