1.Approval of the Agreement
Users may subscribe to the Yemeksepeti.com by filling in the user’s subscription form or from the addresswww.yemeksepeti.com through social media network subscriptions (Facebook, Twitter, Pinterest, etc.) or from over the websites covering the websites accessible from www.yemeksepeti.com. Each Yemeksepeti.com user accepts and acknowledges to comply with the terms and conditions of this User’s Agreement (“Agreement”) executed with Yemek Sepeti Elektronik İletişim Tanıtım Pazarlama Gıda Sanayi ve Ticaret Anonim Şirketi (“Yemeksepeti.com”).
Yemeksepeti.com enables its users to order food from its member workplaces through internet, mobile phones, smart TV systems or from applications that may be developed in similar platforms and provides other relevant services.
3. Yemeksepeti.com User’s System
- Each Yemeksepeti.com user owns a “user name” or an e-mail address and a “password” determined by himself/herself.
- “User name” is exclusively given to each user as is for e-mail addresses, and the same user name cannot be given to different members.
- Each user is required to enter his/her own user name or registered e-mail address and password in order to connect to the systems requiring Yemeksepeti.com membership. This process is defined as entering into the system of Yemeksepeti.com. Users may also enter into other websites included in Yemeksepeti.com’s system (such as Papyon.com) in case they wish so, with their user name or e-mail address and password used for entering into Yemeksepeti.com’s system, upon approving the relevant users agreements.
- “Password” is only within the knowledge of the relevant user. In case the password is forgotten, Yemeksepeti.com shall send a link to the registered e-mail address of the user upon request, for creating a new password. Determining and protecting the password is in the sole responsibility of the user and Yemeksepeti.com shall not be held liable for the problems or damages which may arise due to password usage.
- Yemeksepeti.com may inform its users about the promotions in their registered area or from other promotions the user may benefit from and from new services and projects included in the system of Yemeksepeti.com of through e-mail. Yemeksepeti.com may also reach its users and share different promotions, campaigns and similar information with its users via social media channels and all other kinds of channels of communication which the users have shared with the system of Yemeksepeti.com.
- The name, address and telephone number information registered in the system of Yemeksepeti.com by the user will be shared with the member workplace that will deliver the order for the purposes of faster and correct delivery of the order.
- Yemeksepeti.com shall not be liable for any kind of problems or damages which may arise between the user and the member workplace due to sharing of the name, address and telephone number information registered in the system with the member workplace delivering the order.
4. Obligations of the User:
While benefitting from the services of Yemeksepeti.com, the User agrees, declares and undertakes that:
- The information shared within the user subscription form is correct and he/she shall be liable for any damages he/she or third parties might suffer due to such information being erroneous or defective (such as forgetting password) when needed and that his/her Yemeksepeti.com membership may be terminated in such cases
- He/she shall be solely responsible for any actions performed using the “user name” or the registered e-mail address and accepted that only one e-mail address shall be registered for each user name, registered e-mail address cannot be changed, new e-mail address can only be registered in the event of new membership
- The copyrights of services and software provided by Yemeksepeti.com is under the ownership of Yemeksepeti.com and he/she shall not in any case copy or distribute them
- He/she holds liability for any personal idea, thought, expression, documents added to Yemeksepeti.com, personal information shared with Yemeksepeti.com and Yemeksepeti.com shall not be held liable for any dispute including but not limited to those arising between the member workplace and the user, and Yemeksepeti.com has full discretion to publish or not to publish any such opinions and thoughts and holds the right to edit and correct spelling errors of such opinions and comments through its moderators
- Services provided by Yemeksepeti.com may in some cases include content for persons over 18 and Yemeksepeti.com shall not be held liable for the viewing of this content through unduly means
- Yemeksepeti.com shall not be liable for any information, messages or files which may be lost and/or received incomplete or delivered to the wrong address while using the services of Yemeksepeti.com
- He/she shall not access the services provided by Yemeksepeti.com through means other than as specified by Yemeksepeti.com and/or without authorization, he/she shall not in any way change the software and shall not use those which are understood to have been changed and shall compensate the tangible and intangible loss Yemeksepeti.com might undergo due to non-compliance with the aforementioned rules
- In accordance with the Regulation on the Procedures and Principles Regarding the Sales and Presentation of Tobacco Products and Alcoholic Beverages and the relevant legislation, selling of tobacco products and alcoholic beverages over Yemeksepeti.com is strictly forbidden and the user shall not procure tobacco products and alcoholic beverages via Yemeksepeti.com and make any such request to member workplaces and that any activities to the contrary may result in the cancellation of membership and termination of the this Agreement
- Yemeksepeti.com shall not be held liable for damages which may arise due to user data being read or used by unauthorized persons
- Yemeksepeti.com shall not be liable for damages which may arise due to usage, sharing or publishing of user shares by the unauthorized third persons
- He/she shall not use a user name, picture or a nickname and shall not send a message or a comment of such that is threatening, unethical, racist, against the laws of the Republic of Turkey and international agreements, containing political messages or violating the intellectual or industrial property rights of third persons
- User names, pictures, correspondence, subject matters and nicknames to be added to the system shall comply with public morality, customs and laws and shall not include political messages; and all financial rights including publishing rights, processing and copying, distributing, representation, communicating to public devices, enabling the transmission of signs, sounds and/or images, transfer and assignment to third parties set forth under the Law on Intellectual Property Rights numbered 5846 and dated 5.12.1951 have been transferred to Yemeksepeti.com
- He/she shall not harass or threaten other users
- He/she shall not act in any way that will adversely affect the usage of Yemeksepeti.com system by other users
- He/she shall not misuse the services of Yemeksepeti.com system or of other systems and applications developed in relation to Yemeksepeti.com and shall not take any action such as to contradict or infringe the rights of other users of the system and shall be solely responsible for any damages which Yemeksepeti.com or the relevant user may suffer, and Yemeksepeti.com holds the right to terminate the account of the concerned user in the relevant service or to terminate or limit the user name, profile picture or similar parts of the account or to terminate the Yemeksepeti membership in case such misusage is identified
- He/she shall not publish, copy or distribute immoral, inappropriate or illegal material or information or material or information that may cause defamation, humiliate people or institutions
- He/she shall not make advertisement, sell or make offer for the sale of any goods or services, carry out survey, contest or chain mailing activities
- He/she shall not send information or programs that may harm information or software in other users computers
- Any record or material received through using Yemeksepeti.com services is solely within the user’s consent and he/she bears the sole responsibility for breakdowns, loss of information and other losses that may occur in their own computers and he/she shall not claim damages from Yemeksepeti.com for any damages that may arise from using Yemeksepeti.com system
- The user shall not use Yemeksepeti.com services for commercial or advertorial purposes without obtaining consent fromYemeksepeti.com
- Yemeksepeti.com may monitor the whole system at any time or consistently
- Yemeksepeti.com holds the right to make necessary interferences and to deny service to the user and to terminate the membership in case of a non-compliance with the rules
- Yemeksepeti.com may use its own system for commercial purposes
- He/she shall not transfer information whose transferring is forbidden by law and shall not share data such as chain mail, software virus, etc. for which no authorization of transmission exists
- He/she shall not record, publish, abuse personal information of others
- When the payment is not made via Online Payment Method, the user is obliged to make the payment for the amount of the services of which he/she has been previously informed of, at the time of delivery through the chosen payment method, and if otherwise, the delivery may not be completed
- Cookies are used in Yemeksepeti.com system and cookies are pieces of information transferred by the website to the cookie file in the hard disk of user’s computer and they enable users to surf through Yemeksepeti.com and help to provide content matching the needs of the users accesing the website, when necessary.
5. Authorities Granted to Yemeksepeti.com
- Yemeksepeti.com may temporarily suspend or completely stop the operation of the system at any time
- Yemeksepeti.com may temporarily suspend or completely stop the payment option of a relevant user via Online Payment Method for the user transactions that raise security concerns
- Yemeksepeti.com shall not have any liability against its users or third parties due to temporary suspension or completely stopping of the system or use of the Online Payment Method
- User name or e-mail address and password shall be viewed and approved upon completion of the application spaces provided by Yemeksepeti.com. Yemeksepeti.com may exclusively and for an indefinite period, prevent users, who have completely filled in the user registration form or the users who have logged in to the system, to have a new password or to use their existing passwords.
- Yemeksepeti.com will exercise due care for, but does not undertake to, provide timely, secure and flawless services, provide correct and secure results from the service usage and fulfill the expectations of the service quality.
- Yemeksepeti.com has the right to periodically back up and delete some or all of the files, and the messages that are present in the system while the users are benefitting from the system. Yemeksepeti.com shall have no liability for such backing-up and deleting actions.
- Yemeksepeti.com owns the property rights and copyrights arising from property rights of information, document, software, design, graphics works and etc. which it produces itself and/or purchases from third parties.
- Sales in the system of Yemeksepeti.com are limited with the present menus of the member workplaces at the time of the order. Yemesepeti.com may not deliver to the users the products which do not exist in the member workplace. Display of the products in the system of Yemeksepeti.com does not imply that the products are in stock.
- Yemeksepeti.com has the right to publish in any kind of visual and written media, process, share in social media networks and/or transfer to any other address within Yemeksepeti.com’s system that is found appropriate by Yemeksepeti.com, or to remove from the website at its own discretion any information, documents, software, design, graphics, works and etc.(i.e. pictures of the user, messages, poetry, news, files and etc. added to the board) which are produced by Yemeksepeti.com users and uploaded to the system by their own will for publication of the same. It is possible for such information to be copied, processed and/or published by other users. In this case, the user shall not claim any royalty payment from Yemeksepeti.com.
- Member workplaces in Yemeksepeti.com’s system are responsible from changing the information with respect to the price and features of the products offered for sale on Yemeksepeti.com’s system. When there is a mistake in the information with respect to the price and features, Yemeksepeti.com may inform the users and deliver the products by correction such mistake or may cancel the order.
- Yemeksepeti.com will exercise due care for provision of fair and honest explanations regarding the contents of the products offered for sale in the system; however, Yemeksepeti.com bears no responsibility for the problems or damages which may arise due to missing and/or faulty explanations of the member workplaces regarding the content of the orders.
- Yemeksepeti.com may enable passage to the users to web-sites outside of the Yemeksepeti.com system. In this case, the user accepts in advance that Yemeksepeti.com is not responsible from the contents of the websites passed to.
- Yemeksepeti.com may, switch services that require no user membership to services that require membership, open additional services, partially or completely change some of its services or turn them into paid services, in due course. In this case, the user has the right to terminate the Agreement and to resign from membership.
- Yemeksepeti.com can make changes in the performance of the hereby Agreement, can change some of its clauses or add new clauses for future technical necessities and compliance with the legislation, on the conditions that the changes are not to the detriment of the users.
- Yemeksepeti.com has no responsibility for the content provided by the member restaurants.
6. Intended Use
Users accept that all orders placed and shopping made from Yemeksepeti.com system is for personal use and are not intended for re-sale.
Users of Yemeksepeti.com can make the payment for the orders they placed from Yemeksepeti.com system, in the method they chose while ordering, from the options provided by the relevant member workplace, at the time of delivery. The users can also make instant online payment via using Online Payment Method through their bank card, credit card or a similar payment tool or from another payment systems (such as PayPal). If the card is used unlawfully by someone other than the holder in payments completed form the Online Payment Method, action will be taken pursuant to provisions of the Law on Bank Cards and Credit Cards dated 23.02.2006 and numbered 5464 and the Regulation on Bank Cards and Credit Cards published in Official Gazette dated 10.03.2007 and numbered 26458. For orders payments of which are completed through the Online Payment Method, receipt/invoice of the order will be issued by the restaurant which received the order and not by Yemeksepeti.com. For the orders placed by choosing Online Payment Method, Yemeksepeti.com is exclusively authorized by the restaurants to collect the payments in relation to the orders, from the users on behalf of them. The users shall be deemed to have performed their obligation to make the payment by making the payment to Yemeksepeti.com where the Online Payment Method is the chosen payment method. For the orders placed by using Vale Service and by choosing any payment method, including but not limited to Online Payment Method, payment with credit/debit card on delivery, cash payment on delivery, Yemeksepeti.com is exclusively authorized by the restaurants to collect the payments in relation to the orders, from the users on behalf of them. Where the order is placed by using Vale Service, the users shall be deemed to have performed their obligation to make the payment against Yemeksepeti.com and the restaurant, by making the payment with any payment method, including but not limited to Online Payment Method, payment with credit/debit card on delivery, cash payment on delivery.
8. Personal Data
The users accept and acknowledge that, within the principals of Data Protection Law, they have explicit consent for, processing, transfer to third parties and abroad, their “Personal Data’s” such as their name, surname, email, address, phone number by acceptance of the Membership Agreement and during their membership period to Yemeksepeti.com and during their actions in the Web Site, following seizure of their membership. Legal basis of the processing, transfer to third parties and abroad of the Personal Data is the legal relation between User and Yemeksepeti.com. Personal Data can be processed, transfer to third parties and abroad or used anonymously by Yemeksepeti.com and its subsidiaries and business partners of Yemeksepeti.com and its subsidiaries for marketing, analysis and statistic aim. Apart from Personal Data, the users accept and acknowledge that, they have explicit consent for recordation, processing, listing, anonymously using by the third parties in the analysis for the provision of better services or for to run several applications or programs on Yemeksepeti by Yemeksepeti.com, Yemeksepeti.com subsidiaries and its business partners, their order information (such as restaurants they have ordered from, type of the product ordered, number of order, time of order, territory of order, all kinds of information on their activities on the Website (or a similar mobile or electronic site that is used) they share with Yemeksepeti) and of similar data (“Data”).
9. Legal Obligations
Transactions arising from any and all legal amendments taking place outside the scope of the Agreement herein are outside Yemeksepeti.com’s scope of liability and shall be exactly reflected to the Agreement.
10. Product Delivery
If the user is not present at the address selected by him/her on the Yemeksepeti.com system during the product delivery process of the member workplaces, the delivery shall certainly not be delivered to any other address. Within this framework, the user is obliged to accept its legal liabilities which may arise due to making an order to an address where he/she is not present.
Refund of the payment to the user will only be made in the following cases, for payments conducted through Online Payment Method:
Refund of the payment to the user will only be made in the following cases, for payments conducted through Online Payment Method:
- Obligatory cancellation of the order due to user’s address being outside of the delivery area of the restaurant from which the order is submitted to;
- Obligatory cancellation of the order due to the order not being communicated to the relevant restaurant;
- When the order is not prepared by the restaurant or the order is cancelled upon user’s request and the cancellation is approved by the restaurant even after the order was prepared by the restaurant;
- Partial or complete obligatory cancellation of the order due to the partial or complete non-availability of the ordered product in the restaurant;
- Cancellation of the order upon the approval of the relevant restaurant due to dissatisfaction from the ordered product; and
- Cancellation of the order upon the approval of the relevant restaurant in case of a delay in the delivery of the ordered product. If a receipt or invoice related to the order subject to cancellation has been issued and delivered to the user by the restaurant, such receipt or invoice is required to be returned to the relevant restaurant officer.
Yemeksepeti.com holds the right to not to retrain refund of the payment only if the reasons attributable to the user (e.g.the user not being at home, giving wrong address information, not taking delivery of the product). Refund of the payments conducted through methods other than the Online Payment Method is directly made by the member workplaces of Yemeksepeti.com. Yemeksepeti.com bears no liability for the disputes which may arise due to the conditions of the return of the payment.
12. Retention of Information and the Burden of Proof
13. Applicable Law and Competent Courts and Execution Offices
This Agreement is subject to the laws of the Republic of Turkey. Istanbul Central Courts and Execution Offices shall be the competent authorities for the resolution of any disputes arising from the execution of this Agreement.
14. Effective Date
This Agreement shall enter into force between the parties for an indefinite period of time, as of the date the user completes the user registration form.
The Parties shall be able to terminate this Agreement whenever they may wish. Party’s claims from each other that exist at the time of the termination of the Agreement shall remain intact.