1. PARTIES AND PURPOSE
1.1. This user agreement (the "Agreement") is electronically approved between the users ("User") who wish to use the website at the www.missafir.com address (or other address and/or mobile applications to be determined by Missafir) ("Website" and "Mobile Application") by MSFR Teknoloji ve Danışmanlık Anonim Şirketi registered at Reşitpaşa Mahallesi Katar Caddesi No:4 D:1101 34467 Sarıyer/İstanbul ("Missafir").
2. SUBJECT AND PURPOSE
2.1. The subject and purpose of this Agreement is to determine the rights and obligations between the User and Missafir.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. Missafir provides technology and consultancy services to lessors under a separately concluded contract for renting real estate through leasing platforms ("Platform") for different periods through its Website and Mobile Application. Access to the Website and Mobile Application alone does not imply that these services will be provided by Missafir.
3.2. The User accepts, declares and undertakes all kinds of notifications made / to be made from Missafir regarding the use, membership and service on this Agreement and the Platform and that s/he will act in accordance with these notifications.
3.3. Missafir is not a party to the transactions carried out between the lessor and other third parties through the Platform, nor does it assume any commitment and responsibility related to these transactions, and does not act as a mediator or arbitrator in disputes that arise.
3.4. Missafir and the User are legally independent. There is no partnership, representation or employee-employer relationship between them.
3.5. The User accepts, declares and undertakes that all the information provided to the Misafir while becoming a member and/or using it is correct and complete, and s/he is solidary responsible for any damages, sanctions that may arise from her/his inaccuracy, and will compensate immediately and in cash, any damages that may be incurred to yhe Missafir. The User is responsible for the confidentiality of the user name and password determined by her/himself and exclusive to him/her, and Missafir has no responsibility for any damage that may be incurred by third parties as a result of her/his own fault or negligence.
3.6. The User accepts, declares and undertakes that s/he will act in accordance with all kinds of legislation applied and applicable in the Republic of Turkey while using the Website, Mobile Application and Platform and providing all kinds of content which is in accordance with public morality, and that it does not violate any rights of third parties (personality rights, intellectual and industrial property rights, etc.); that will compensate immediately and in cash for any damages that may be suffered by Missafir due to her/his conduct in the contrary direction.
3.7. In the event of a violation of any article of the Agreement by the User and/or requested by the Information and Communication Technologies Authority or other authorities, Missafir reserves the right to suspend, delete the account created by the User and deprive the possibility of opening an account again, to remove all content entered and to demand compensation independently thereof.
3.8. For legal and commercial reasons the User accepts, declares and undertakes that s/he consents the Missafir to store information such as the name of the internet service provider and internet protocol (IP) address, to access date and time, the pages accessed while using the Website, Mobile Application and Platform, and the address of the website that allows direct connection to them, that under the Law on Protection of Personal Data and the applicable legislation, all personal data uploaded to them, in accordance with this data, is authorized to be processed and stored by the Missafir and transferred to the required third parties in relation to the operation of the website, Mobile Application and Platform.
3.9. For legal reasons and/or at the request of official authorities, Missafir may disclose the User's information to the relevant authorities without obtaining the User's prior consent.
3.10. Missafir will make maximum efforts for the smooth operation of the Website and Mobile Application, does not undertake that they will work without errors and will not be responsible for the reading of the User's data by unauthorized persons and the damages that may occur to them. The User accepts and declares that Missafir shall not be liable for any damages that may arise from the use of the Website, Mobile Application and Platform. Missafir may, in its sole discretion, modify or delete all or part of the Website and Mobile Application, or temporarily/ permanently suspend certain services.
3.11. The Website, Mobile Application and Platform may contain links or references to other websites that are not under the control of Missafir and Missafir is under no circumstances responsible for the contents of such sites or any other links contained therein.
3.12. Missafir is the owner or licensee of all materials including the general appearance and design of the Website and Mobile Application and all information, images, brands, domain names, logos, icons, demonstrative, written, electronic, graphic or machine-readable technical data, computer software, the applied sales system, the business method and the business model thereof ("Material") and the intellectual and industrial property rights related thereto. No Material contained in the Website and Mobile Application may be modified, copied, reproduced, translated into another language, republished, uploaded to another computer, posted, transmitted, presented or distributed without prior permission and without showing the source. The legal and criminal demands of Misssafir and all other rights not expressly stated herein are reserved for any act contrary direction.
3.13. In the event of any mandatory change in the conditions regarding the provision of services via the Website and Mobile Application, including the pricing, either at the sole discretion of Missafir or due to legislation and/or instructions of authorized institutions and organizations, this shall be notified to the User by Missafir via the Platform and shall be effective from the date of notification. If the relevant changes are not accepted by the User, the Customer's access to them will be terminated.
3.14. In the event that the User acts contrary direction to her/his obligations under this Agreement, the Agreement may be terminated immediately, without prejudice to any right of compensation of Missafir and/or that Missafir has the right to suspend or terminate the User's access immediately, and that in this context, The User declares and undertakes that s/he shall compensate any damages immediately and in cash that Missafir may suffer and any administrative, punitive and judicial fines that it may be obliged to pay.
3.15. The User shall ensure that all transactions and actions of all persons who will access and transact on the Website, Mobile Application and Platform through his/her own account are made and binding on his/her own name and account, that he/she acts in accordance with this Agreement and all relevant legislation, that he/she is personally responsible for all transactions and actions of these persons, and that he/she shall suffer any damage that Missafir may suffer due to the transactions and actions of the relevant persons contrary to this Agreement and / or legislation in any way. accepts, declares and undertakes that it will compensate immediately and in cash.
3.16. The User may not rent his/her account to third parties and/or make it available; in case of detection to the contrary, the membership shall be terminated immediately.
3.17. The User accepts, declares and undertakes that s/he and the lessor are responsible for all damages that may arise from the relationship between her/him and other Users, that Missafir will not be charged any responsibility in any way whatsoever under any circumstances, and that Missafir will not make any claim such as remuneration or compensation under any circumstances.
3.18. In the event that a separate Service/Consultancy Agreement is concluded between the User and Missafir regarding the Website, Mobile Application and Platform, the relevant contract provisions shall be applied with priority.
4. FORCE MAJEURE
4.1. The failure of one Party to fulfil any of the obligations and obligations imposed by this Agreement on account of any accident, fire, flood, strike, earthquake, war, civil war, rebellion or any other act of the administrative authorities, law or any legal regulation outside its control shall be deemed to be liability will not result in and this will be considered as force majeure. In the event that the force majeure event does not disappear for 30 (thirty) calendar days, each Party has the right to terminate the Agreement.
4.2. In the context of this Agreement, interruptions and delays arising from internet service providers and other related organizations and the actions of third parties, unforeseen, emergency maintenance and repair works, interruptions and restrictions applied by the competent authorities, earthquakes, pandemics etc. shall be considered as force majeure and the parties shall not be liable to each other for these interruptions and delays.
5. DURATION AND TERMINATION OF THE AGREEMENT
This Agreement shall remain in force and effect until the User or Missafir cancels the membership for any reason.
6. DISPUTE RESOLUTION
In case of any dispute arising from the contract, Istanbul Enforcement Offices and Courts shall be authorized.
This Agreement is deemed by the Customer to have read and approved all the provisions of this Agreement from the moment of registration as a member or from the moment of starting to use the services offered within the scope of the Website and Mobile Application.