- The Parties
On one side; MyCityTraveller.com is Entity of AdvaitSoft Kothrud Pune (hereinafter referred to as“ SERVICE PROVIDER aca ); A real or legal person whose information is obtained by purchasing the SERVICE PROVIDER products / services through the web site of the SERVICE PROVIDER “ www.My City Traveller.com ” (this site) (briefly “CUSTOMER” and / or e This) Preliminary Information Form and the Service Agreement (“Agreement aca in short) has been accepted in accordance with the following terms and conditions.
After that; CUSTOMER / YOU and the SERVICE PROVIDER may be referred to separately as the “Party” and together as the “Parties..
- Subject and Purpose of the Convention
Subject of this Agreement; With regard to the sale and use of the products and services that the CUSTOMER has ordered and the sales price and qualifications specified during the order transactions, the SERVICE PROVIDER has offered to sell online through the MyCityTraveller.com website or the web site directed by the SERVICE PROVIDER. The provisions of Law No. on the Protection of Consumers – Regulation on Distance Contracts apply to the rights and obligations of the parties.
By accepting this Preliminary Information Form and Service Contract, the CUSTOMER agrees in advance that if he approves the order subject to the contract, he will be under the obligation to pay the specified additional fees such as cargo charge and tax, if any, and that he is informed thereof.
- Effective Date and Duration of the Contract
3.1. The duration of this Agreement; Following the customer’s request to purchase products / services online through the “www.mycitytraveller.com ait web site of the SERVICE PROVIDER or the web site to be directed by the SERVICE PROVIDER, the presentation of the requested product / service (activation) ) as of the date. Service Provider records will be used for the activation date.
3.2. Contract period; It is the period of use of the product / service chosen by the CUSTOMER during the order.
3.3. In case of prolongation of the contract period, the changes in the prices will be reflected to the CUSTOMER and the current prices will be charged.
3.4. In the event of termination of the Contract before its expiry date, with the written notice of the CUSTOMER, for any good reason arising from the SERVICE PROVIDER, no refund shall be made by the SERVICE PROVIDER to the CUSTOMER.
4.1. The SERVICE PROVIDER shall use the e-mail address provided by the CUSTOMER for any notification to be made to the CUSTOMER, including renewal of the service. It is the responsibility of the CUSTOMER to ensure that this address is a valid address, that it belongs to an authorized person and that it is kept up to date. With the acceptance that the CUSTOMER is familiar with the service renewal periods; The CUSTOMER accepts that the SERVICE PROVIDER shall not hold the SERVICE PROVIDER responsible for any problems or delays that may occur due to the problems or delays that may occur under any circumstances.
4.2. In case of any changes, the SERVICE PROVIDER declares and undertakes that it will provide information. CUSTOMER is responsible for any failure of this information to be accurate, complete or up to date.
4.3. After order acceptance and approval of the transactions, CUSTOMER can use the service by making definitions regarding its services through the control panel. If the service received includes a procedure that requires manual intervention outside the control panel, the SERVICE PROVIDER will conduct the necessary work to the CUSTOMER to provide the necessary information regarding the use and the service will be started. The responsibility for keeping the information up-to-date on the Customer Control Panel to be allocated to him electronically and the confidentiality of the user name and password given to him is the responsibility of the CUSTOMER and the CUSTOMER is responsible for any loss and damage arising from these issues.
4.4. The CUSTOMER agrees to send an informational mail regarding the campaign, product / services of the SERVICE PROVIDER to the e-mail address he has notified to the SERVICE PROVIDER and to show the name of the SERVICE PROVIDER on the web page or through other channels.
- Fee, Invoicing and Payment
5.1. The fee to be paid for the services received by the CUSTOMER is the amount specified during the ordering process. VAT and other legally required taxes, if any, are calculated by adding them to the specified fees.
5.2. Fees for the service received will be specified during the ordering process. CUSTOMER agrees to pay for the services and products purchased (“service / s”) as soon as the SERVICE PROVIDER requests the service. Payment is made by the CUSTOMER through one of the payment ways that the SERVICE PROVIDER has provided to the CUSTOMER on the website.
5.3. Payments to be made out in foreign currency, the date of payment of the Republic of Turkey Central Bank Foreign Exchange Sales payment must be made out dry.
5.4. When a service is purchased, the SERVICE PROVIDER is unable to fully recover from the CUSTOMER the cost of the services it provides, or if there is any difficulty in paying for it for any fees previously charged (eg stolen credit card payments), The SERVICE PROVIDER may apply to all administrative, procedural, judicial and criminal remedies in respect of collection of fees, CUSTOMER acknowledges and declares that it knows.
5.5. In the event that the CUSTOMER does not make any payment at the beginning or renewal of the contract at all or in due date, or if there is a problem in the payment / payment made with a stolen credit card, etc., the SERVICE PROVIDER shall immediately, without prejudice to the other legal rights. can be canceled and / or stopped and / or limited. CUSTOMER agrees.
5.6. The SERVICE PROVIDER reserves the right to charge a reasonable service fee at any time in respect of other duties outside the scope of its regular services and in case of additional service or product requests. These include, but are not limited to, customer service issues that require personal service, and disputes that require special services, which cannot be resolved via e-mail. Services are. These collections will be invoiced as far as possible in accordance with the CUSTOMER’s Payment Method registered with the SERVICE PROVIDER.
5.7. CUSTOMER, in case of renewal of the order / contract period; is obliged to pay the current price of the extended service on the date of renewal. Otherwise by the SERVICE PROVIDER above 5.5. will be able to issue a foreign exchange difference invoice due to late payment and operate a 2% monthly interest rate from the due date to the actual payment date.
5.8. SERVICE PROVIDER; reserves the right to make changes to prices and tariffs without prior notice. CUSTOMER accepts, declares and undertakes any changes that may occur in the future.
5.9. If the CUSTOMER pays by credit card during the service purchase and chooses the automatic payment option, the service provider will automatically deduct the service fee during the service renewal period and will not refund the service, problems and / or delays due to failure to collect from the credit card. cannot be held responsible. In the event that the Customer fails to pay on time, the service shall not be renewed, that the SERVICE PROVIDER is not responsible for any interruptions / delays in all services provided and that he will not demand any compensation from the SERVICE PROVIDER.
5:10. SERVICE PROVIDER; Upon acceptance of this Agreement and approval of the order, CUSTOMER shall be entitled to charge the purchased service charges from the credit card account given by CUSTOMER during the order.
5:11. These fees do not include Taxes. For all services provided to the CUSTOMER within the scope of the contract, taxes calculated according to the relevant tax legislation are billed to the CUSTOMER together with the service costs. Tax rates
In case the new taxes are uploaded to the SERVICE PROVIDER following the changes or changes made to these taxes, these new taxes are reflected to the Customer.
5:12. The invoice (s) issued by the SERVICE PROVIDER regarding the services purchased by the CUSTOMER shall be sent to the invoice address specified by the CUSTOMER by mail, e-mail, courier, cargo, registered electronic notification address, e-invoice or any other means agreed by the parties. The CUSTOMER may also access a sample of the invoices issued by the SERVICE PROVIDER through the internet-based interface of the SERVICE PROVIDER. CUSTOMER is obliged to follow the samples of invoices issued to him by using this interface. In cases where the invoice sent by one of the methods mentioned above does not reach the CUSTOMER, the CUSTOMER is obliged to notify the SERVICE PROVIDER within 10 days after the date of invoice, otherwise he undertakes not to object to the invoices not received or subsequently received.
5:13. If it is used within the scope of the services received; Türk Telekom, Boğaziçi Electricity Distribution Inc. The service provider shall notify the CUSTOMER one (1) month in advance of any price changes to be made by the SERVICE PROVIDER. CUSTOMER accepts this situation in advance.
6.1. During the contract; In the event that either Party fails to fulfill its obligations under this Agreement under the general conditions of use for the service (s) received for more than seven (7) days, or if the information provided by the CUSTOMER to the SERVICE PROVIDER is found to be unilaterally and terminate it immediately. CUSTOMER; in case of breach of their obligations or termination due to misrepresentation, they cannot claim back the fee they have paid regardless of the remaining period, and in case of monthly payment, all of the payments required for the related service / s will be paid by the end of the order period.
6.2. CUSTOMER has the right to terminate the contract regarding the service it has received at any time within 10 days without any justification, provided that it is in writing. However, in case of such termination, CUSTOMER; declares, accepts and undertakes that it is obliged to pay the price of the relevant Contract and / or service up to the normal expiry time, if it has paid this price.
6.3. In the event that this Agreement terminates for any reason; CUSTOMER is responsible for transferring configuration, data, content, etc. information of CUSTOMER systems. Before the expiration date of the contract; If such information is not conveyed, all content will be deleted and a copy will not be provided by the SERVICE PROVIDER.
6.4. In case of termination of the contract for any reason, all energy connection of the server, cabin, etc. inventory which is in use of the CUSTOMER, if any, shall be cut off and the inventory which is not in the ownership of the SERVICE PROVIDER or is not added for the purpose of deduction to be received by the SERVICE PROVIDER 3 (three) Service Provider must be delivered within the day. Otherwise, the SERVICE PROVIDER shall not have any responsibility for the inventories, nor shall there be any obligation to pay compensation for the failure to use the inventory.
7.1. CUSTOMER declares, accepts and undertakes to comply with the notifications and warnings transmitted by the SERVICE PROVIDER within the service received. CUSTOMER may not distribute or sell the services provided to him free of charge and / or unlimited to third parties, whether paid or free and / or limited or unlimited.
7.2. CUSTOMER agrees that if the service provider receives a shared hosting service and the web site causes excessive system load or security vulnerability, etc., the SERVICE PROVIDER may cause the service of other customers to be interrupted.
7.3. CUSTOMER agrees that if any quota is exceeded within the scope of any service purchased, the service will be automatically stopped. Exceeding the quota varies according to the scope and content of the service purchased and in case of exceeding, CUSTOMER will be informed.
7.4. CUSTOMER, e-mail communication, web broadcasts and all kinds of transactions related to this subscription, the laws of the Republic of Turkey, the Regulation on the publication of the Internet Environment No. 5651 and the fight against crimes committed through these publications, do not violate the law, general morals and adab, web pages belonging to him or his customers, accepts, declares and undertakes that he is fully responsible for the content of ftp and other Internet services.
7.5. CUSTOMER is responsible for the installation, licensing, adjustment, and software-related work and any problems that may arise in relation to the service received. The SERVICE PROVIDER is not responsible for the information provided and provided by the CUSTOMER. CUSTOMER; If requested by the SERVICE PROVIDER, it is obliged to forward the permission, usage and contract information related to the license used to the SERVICE PROVIDER.
7.6. CUSTOMER may not rent, sell, transfer or use the right of use under this Agreement, otherwise, the Agreement may be terminated for just cause, indemnify any damages that may occur for this reason and to pay the minimum contract amount without requiring any legal notice or notice. and undertake.
7.7. CUSTOMER; by signing this agreement, the service provider’s representative, agent, commercial representative, partner, solution or business partner can not gain the title and status, such as third parties against him with commercial documents, promotional vehicles, brochures and announcements, web site, such notification It can not be found.
7.8. CUSTOMER, one or more of the following prohibited activities to be carried out through the server allocated to him, intrusion into internal or external networks, etc., or in the case of adversely affecting the SERVICE PROVIDER’s database, the server will be disabled by the SERVICE PROVIDER. and that the fees paid up to that date shall not be returned to him in any way and that he is liable to compensate any damages that may occur for this reason. Within this responsibility, the CUSTOMER shall comply with the laws of the Republic of Turkey, the regulatory procedures of the ICTA (Information and Communication Technologies Authority) and the rules set by the SERVICE PROVIDER.
7.9. CUSTOMER is committed to be bound by the laws of the Republic of Turkey regarding the services it receives. The CUSTOMER declares and undertakes that he will be solely responsible for this situation in case he acts in contradiction with the laws and regulations in force through the services he receives, that he will cover the damages to be incurred by the SERVICE PROVIDER and third parties due to the contradiction and make the SERVICE PROVIDER from any request.
7:10. CUSTOMER; In case the authorized / official authorities make application to the SERVICE PROVIDER because of the content published or contained, the SERVICE PROVIDER knows that he / she is obliged to fulfill the demands of the relevant official / competent authority within the scope of his / her authority; and undertakes that it is liable to cover all kinds of damages to be incurred.
7.11. The SERVICE PROVIDER cannot be held responsible for any misuse of the CUSTOMER data contained in the service it provides, the data contents, any material or moral damages that may arise from all data used by e-mail.
7:12. CUSTOMER is responsible for backing up and restoring all data within the scope of the service used. If the backup service is purchased separately from the SERVICE PROVIDER, the backup can be performed by the SERVICE PROVIDER.
7:13. The SERVICE PROVIDER reserves the right to discontinue the expired domain name, hosting, or other services after the expiry of the period and to cancel the service completely. There is no obligation to keep any data records after the cancellation of expired or unpaid services.
7:14. The SERVICE PROVIDER may pause all services that threaten, threaten or may make its services indefinitely or indefinitely.
7.15. CUSTOMER acknowledges that the SERVICE PROVIDER may carry its own servers when necessary. In this context, an IP address charged to CUSTOMER may be replaced by a different IP address. The SERVICE PROVIDER does not guarantee that it can continuously protect the IP addresses allocated to the CUSTOMER. If the IP address changes, the SERVICE PROVIDER shall notify the CUSTOMER at least 2 (two) weeks in advance of the new IP addresses to be allocated to the use of the CUSTOMER. If such a change is required, the CUSTOMER shall also fulfill its obligations for the change to take place.
- Physical Studies
8.1. Customer; Following the signing of this Agreement, it shall notify the SERVICE PROVIDER to the authorized persons assigned for the maintenance / failure of the services and equipment in use and shall obtain the acceptance of the SERVICE PROVIDER. In case of any change in such persons, this shall be notified to the SERVICE PROVIDER and its approval shall be obtained. The SERVICE PROVIDER reserves the right to request changes to such persons. In such a case, the CUSTOMER shall make the necessary change.
8.2. 8.1 above. CUSTOMER shall inform the SERVICE PROVIDER in advance for the maintenance procedures specified in the article and shall agree with the SERVICE PROVIDER in the authorized persons who will perform the maintenance day, hour and duration. In the event of malfunction, the SERVICE PROVIDER shall allow the CUSTOMER to respond to the malfunction as soon as possible. CUSTOMER work will be carried out under the supervision of the personnel authorized by the SERVICE PROVIDER.
8.3. CUSTOMER cannot interfere with the hardware on the server, otherwise all responsibility belongs to him. In such a case, it shall accept and undertake to pay the whole damages to the SERVICE PROVIDER in cash, in advance and in advance without any warning or notice.
8.4. 8.1., 8.2. and 8.3. in the event of non-compliance with the obligations specified in the Articles of Association, failure to comply with the safety instructions / operational working conditions notified by the SERVICE PROVIDER or violates other obligations under the contract; CUSTOMER reserves the right not to allow physical access and not to take them into the area where their systems are located.
8.5. If the CUSTOMER receives services from the infrastructure where the SERVICE PROVIDER provides shared services to other customers, the SERVICE PROVIDER; Although it takes all kinds of precautions, it cannot be held responsible in case of possible interruptions or attacks on these devices where shared services are provided.
- Prohibited Activities
It is strictly prohibited to perform the following activities using the SERVICE PROVIDER services. Although the SERVICE PROVIDER has no responsibility to control the content, it reserves the right to stop, restrict or terminate the services of the users in case it is determined that these activities are performed.
10.1. Prohibited activities include any act and conduct that is considered a criminal offense, including, but not limited to, the following.
I. Spam Submission
Spam is the sending of messages for bulk and / or commercial purposes by the internet against the request of the recipient. Spam delivery will not only damage the SERVICE PROVIDER’s commercial reputation and reliability, but can also cause its systems to be subject to overloads and reduce the quality of services provided to customers.
Those receiving the related services from the SERVICE PROVIDER may not send spam, operate their systems unprotected to facilitate the sending of spam and open to the use of third parties.
ii. Crimes Against Intellectual and Artistic Works, Private Life and Personal Rights
Confidentiality of private life and insurances that may be committed against intellectual and industrial rights of individuals or institutions and constitute criminal offenses under the “Law on Intellectual and Artistic Works”, “Trademarks Law”, Inadian Law ”, on the Protection of Patent Rights” and other relevant legislation. and crimes against personal rights.
iii. Phishing Attacks
Phising is to trick users into fraudulent web pages and e-mail to obtain a wide range of private information, including identity information, credit card information, bank account numbers, and the Internet password for this account.
iv. Illegal or Unauthorized Access to Other Computers and Networks
Unauthorized or illegal access to computers, user accounts or networks of others (hacking) and other activities that provide illegal or unauthorized access to the system (port scan, stealth scan, etc.).
vi. Virus, Maggot, Trojan Horse and so on. Activities Related to My Harmful Distributor
Internet viruses, trojan horse sending or other activities such as pinging, flooding, mailbombing that may interfere with the use of the SERVICE PROVIDER network or other network, system, service or device connected to it.
- Right of Withdrawal, Use and Conditions
11.1. Right of Withdrawal: The Customer, who has the capacity of Consumer, has the right to withdraw from the contract within fourteen days without giving any reason and without paying penalty. The period of right of withdrawal is the date on which the contract is established in the contracts relating to the performance of the service; In the contract for the delivery of goods, the consumer or the third party designated by the consumer begins on the day the goods are delivered. However, the consumer may use the right of withdrawal from the establishment of the contract to the delivery of the goods.
11.2. Term of Right of Withdrawal:
In determining the right of withdrawal period;
a) For goods that are subject to a single order and delivered separately, the day on which the consumer or the third party designated by the consumer receives the final goods,
b) For goods consisting of more than one part, the day when the consumer or the third party designated by the consumer receives the last part,
c) Contracts in which regular delivery of goods is made for a certain period shall be taken as the basis on the day the consumer or the third party designated by the consumer receives the first goods.
The provisions of the right of withdrawal regarding the delivery of goods shall be applied in the contracts where the delivery of goods and the performance of the services are concluded together.
11.3. Use of the right of withdrawal:
The notification that the right of withdrawal has been exercised shall be directed to the SERVICE PROVIDER before the cancellation period expires, in writing or with a permanent data store, through the address of the Service Provider or from the contact page of My City Traveller.com or through the user panel allocated to the Customer. it is sufficient. In the exercise of the right of withdrawal, the Customer can use the Contact Page form or make a clear statement informing the withdrawal decision.
11.4. Service provider; Within fourteen days from the date of receipt of the notification that the Customer has exercised his right of withdrawal, he shall refund all payments collected, including any costs of delivering the goods to the consumer.
11.5. Exceptions to the right of withdrawal
The Customer, who has the capacity of Consumer, cannot use his right of withdrawal in the following contracts:
a) Contracts for goods or services whose price varies due to fluctuations in financial markets and which are not under the control of the seller or provider.
b) Contracts relating to goods prepared in line with the wishes or personal needs of the consumer.
c) Contracts for the delivery of goods which may be quickly degraded or that may expire.
ç) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; contracts for the delivery of non-refundable health and hygiene requirements.
d) Contracts for goods which, after delivery, are intermixed with other products and which are inherently impossible to be segregated.
e) Contracts on books, digital contents and computer consumables provided in the material environment in case the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
f) Contracts for the delivery of periodicals such as newspapers and magazines other than those provided under the subscription agreement.
g) Contracts to be made at a certain date or period for the purposes of accommodation, transport of goods, car rental, food and beverage supply and leisure time for recreational or recreational purposes.
ğ) Contracts for services rendered in electronic environment or royalties delivered immediately to consumers.
h) Contracts relating to services commenced with the consent of the consumer before the right of withdrawal expires.
- Other Provisions
12.1. Notification: The addresses provided by the SERVICE PROVIDER at the beginning of the contract and given by the CUSTOMER during the order are legal notification addresses and the notification made to the current address shall be deemed valid unless the address change has been notified in writing. If the CUSTOMER is among the companies that are legally obliged to obtain a registered electronic notification address, the SERVICE PROVIDER may also make notifications to this address.
The SERVICE PROVIDER may send messages, information, texts, warnings, payment notifications, account transaction schedules and account statements to the e-mail address allocated to the CUSTOMER during the service period it provides. The CUSTOMER cannot claim that such electronic messages have not been received or received, and declares, accepts and undertakes that such messages will be deemed to have been legally communicated 1 day after the date they are sent.
12.2. Force Majeure : Under this Agreement, natural disasters, fire, war, civil uprising, general strikes, legal changes will be considered as Force Majeure and Force Majeure cases will be limited to these. If the Parties breach this Agreement for reasons of Force Majeure, the breaching Party shall not be liable for such breach. The Party affected by the force majeure shall notify the other Party in writing of the extent to which the obligations are not complied with and the period of non-compliance, as soon as possible from the technical point of view, but at the latest within 1 (one) week after the occurrence of the force majeure event (“force majeure notification”). . If such delay or omission ceases, the Party affected by the force majeure shall immediately notify the other Party in writing of the termination of the force majeure event.
3.12. Assignment and Assignment: CUSTOMER may not transfer or assign any of its rights or obligations under this Agreement to any third party without the written consent and permission of the SERVICE PROVIDER. The SERVICE PROVIDER may transfer and assign its rights and obligations arising from this Agreement to its affiliated companies and partnerships, provided that the obligations under this Agreement are fulfilled. This Agreement shall remain in force if the SERVICE PROVIDER’s capital and / or shareholding structure, which is valid at the date of signature of this Agreement, is changed or merged with another company and establishes a new commercial partnership or takes over or takes over another company.
12.4. Stamp Duty and Other Taxes: The stamp duty arising from this Agreement shall be paid by the SERVICE PROVIDER and invoiced to the Customer. Any other taxes, duties, charges and similar financial obligations arising from this Agreement shall be paid by the CUSTOMER.
12.6. Dispute and Dispute Resolution: Nagpur Court and Enforcement Offices are authorized for the settlement of disputes arising from the implementation of this agreement. Customers who are consumers can apply to the Consumer Arbitration Committee and / or the Consumer Court for the settlement of disputes.