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When the mutual rights and obligations regulated by this contract are completed by the user of the Modimu.com mobile application within the conditions specified in the contract, it enters into force by electronically confirming that he has read, understood and accepted this agreement. At the same time, with the acceptance of the contract, the user agrees that the Modimu.com application is a healthcare assistant and the application does not give any medical advice and does not suggest treatment methods.
The following definitions are the definitions to be referred to within the scope of this contract and will be used within the meaning of the meanings explained.
2.1. Application: The mobile application named "Modimu.com" means the mobile application software running on all mobile devices and all virtual reality channels where the products and services created in connection with this software are offered.
2.2. User / Member: It refers to the persons who register to the application with the methods specified in this contract and benefit from the products and services offered by the application within the conditions specified in this contract.
2.3. System Access Tools: User's account management page refers only to information that is in the User's information such as user name, password, code, password that provide access to the application.
2.4. Services: In the application of Modimu.com, it refers to all the works and transactions that are defined in order to enable the users to perform the services defined in this contract and in article 6 of the contract.
2.5. Communication Channels: It refers to communication channels such as instant notification, e-mail, sms, telephone notification.
2.6. My Application Information Screen: It refers to the user-specific web page, where the user can take the necessary actions in order to benefit from the services included in the application, enter his personal information and the information requested by him on an application basis.
2.7. Personal information / Confidential Information: It refers to the person's name / surname, phone number, e-mail address and all kinds of information to identify the user.
2.8. Product: It refers to the album which is written by the users, written and / or visual content and designed for the person. [N2]
ARTICLE 3- SUBJECT AND SCOPE
Subject of this contract; It is the determination of all the products and services available in Modimu.com application and / or to be offered by Modimu.com in the future, the conditions for benefiting from these products and services, and the mutual rights and obligations of the parties under this contract.
4.1. People who want to take advantage of the mobile application can become a member of the application by defining a user name on the application's login screen and start using the application. By creating an e-mail address, users can register from the application update screen; they can create accounts to save, back up their profiles and set up synchronization between the devices they use. Users who do not create an account with their email address can only access their data from the device on which they started using the application; however, if they log out of their profile on the device, their data will be deleted and they will not be able to access the relevant data again.
4.2. Applications made through minors can not benefit from the rights of “User” even if they have completed the registration process if detected in any way. Modimu.com is not responsible for any damages that may occur due to requests and transactions.
4..3 In order to be a member of the application, the user must not be temporarily withdrawn from membership by Modimu.com or its membership should not be banned indefinitely. As stated above, Modimu.com's 5.1. According to the article numbered, the persons who have been temporarily banned from membership or whose membership has been banned indefinitely will not have the result of gaining membership right to the application and Modimu.com will not be responsible for any damages that may occur.
ARTICLE 5 - MUTUAL RIGHTS AND OBLIGATIONS
5.1. User Rights and Obligations
5.1.1. The user will act in accordance with all the terms and regulations in force in this contract and understand all the terms and rules specified in this contract, while fulfilling the usage procedures, benefiting from the products or services in the application and performing any transactions related to the products or services in the application, and accepted it.
5.1.2. In cases where the user is obliged to make an explanation to the official authorities in accordance with the mandatory law provisions in force, Modimu.com will be authorized to disclose the confidential / private / commercial information belonging to the members to the official authorities, and therefore, for whatever reason accepted that no compensation can be claimed no matter under.
5.1.3. The user is obliged to keep the System Access Tools (user name, password, code etc.) used to access the application confidential. The right to use the means of access to the system belongs exclusively to the user. The user will not disclose this information to third parties. The user is fully responsible for the consequences of the use of access means to the system by a third party. Modimu.com is not obliged to determine the identity of people who make such illegal uses. The User agrees, declares and undertakes that he / she is responsible for the use of this information by a third party and the results thereof, without prejudice to the above-mentioned provisions, and that the transactions made by using this information are binding. Modimu.com is obliged to inform immediately if the user finds out that his password has been compromised.
5.1.4. The user accepts and undertakes that the information and contents provided by him within the application are correct and lawful. Modimu.com is not responsible and liable for investigating the accuracy of the information and content transmitted by the user or uploaded, modified and provided by the user through the application, as well as undertaking and warranting that such information and contents are safe, accurate and lawful, or it is not responsible for any damage that may arise due to being incorrect.
5.1.5. The User accepts, declares and undertakes that all transactions in the Application content are carried out exclusively and by himself. The user undertakes that the contact information provided by Modimu.com is only his own and only under his control and that he actively uses this contact information. Modimu.com will be liable for compensation for any damage that this contact information may incur, since it does not belong to the user or does not actively use the contact information. If the user transfers the portals created for him to someone else or opens it to use, the user has accepted and declared that Modimu.com has the right to terminate this contract unilaterally and without notice and terminate the membership of the User. The user may not transfer this contract or the rights and obligations under this contract partially or completely to any third party without the written consent of Modimu.com.
5.1.6. Those who benefit from the products and services offered by Modimu.com can only operate within the application for lawful purposes. The legal and criminal responsibility of the user in every transaction and action he / she makes within the application belongs to him. While users are using the application, the Turkish Penal Code, the Turkish Commercial Code, the Code of Obligations, the Law on the Protection of Consumers, the Regulation on Distance Contracts, the Law No. 5651 on the Arrangement of Publications and the Law on Intellectual and Artistic Works, Brand, Patent, Utility Model, Law-related decrees and legal regulations regarding the Protection of Industrial Design Rights, and all relevant legislative provisions currently in force and 'Modimu.com' agreed to comply with the notices it will publish.
5.1.7. The user acknowledges that this application is owned and operated by Modimu.com. The content of this application is protected in line with Intellectual and Industrial rights. The user will not reproduce, copy, distribute, copy, distribute images, data, texts, visual and audio images, files, databases, catalogs and lists contained within the application, which may constitute a violation of the same or personal rights and assets of Modimu.com and / or another third party, accepts and undertakes that it will not work.
5.1.8. The user must fulfill the modifications and / or corrections requested by Modimu.com immediately. The damages, legal and criminal liabilities that arise or may arise due to the fact that the changes and / or correction requests requested by Modimu.com are not fulfilled on time by the user are entirely up to the user.
5.1.9 The first and most important condition of any 'User's facility' is the requirement to be over the age of 18. and undertakes. If the user is found to be under the age of 18 on the date of registration and approved by Modimu.com; Modimu.com may terminate the contract of the related user unilaterally. In this case, the user acknowledges, declares and undertakes that he / she has no right of objection and that he / she cannot have any claim, including material or moral compensation.
5.2. Modimu.com Rights and Obligations
5.2.1.Modimu.com reserves the right to change the products and services and content offered in the application at any time unilaterally, to close and delete the information and content uploaded by the user to the access of third parties including the user. Modimu.com can use this right without any notification and without prior notice. If the modification and / or correction requests requested by the user by Modimu.com are not fulfilled within the specified period, Modimu.com will not be responsible for any damages that have arisen and may arise and will have the right to freeze or terminate the user's right to use the application.
5.2.2. Due to ease of reference or various reasons, links to certain websites or content that are not under the control of Modimu.com can be given within the application. These links are not supportive of the website or content owner, nor do they represent any kind of declaration or guarantee for the information contained in the website or the content. Although the content of the websites of third parties is not limited to those listed here; it is legal, correct, reliable, appropriate and appropriate, the information, data, software, products or services used in its content are commercially available, the operation and administration of the website will be error-free and uninterrupted, and the defects, defects and disorders will be corrected, the damaging elements of the website and It does not make any suggestions and recommendations regarding the fact that it is free from viruses and does not give the user any confidence, declaration and guarantee in these matters. Modimu.com is not responsible for portals, websites, files and content accessed through the links on the application, portals or services or products offered from these links, or their content.
5.2.3. Unless otherwise requested by the user (unless a registered user account is created by e-mail), Modimu.com does not commit the application to the storage of user-uploaded records.
5.2.4.Modimu.com may remove comments, messages and content that are contrary to the operation of the application, general rules and general moral rules at any time and in any way, and / or this comment may terminate the membership of the user who entered the message and content without any notice. />
5.2.5. Modimu.com reserves the right to change, reorganize and stop the Application without any prior notice, in the application and its extension, any service, product, conditions of use and application information. The changes take effect at the time of publication in the application. Users are deemed to have accepted these 5 changes with the use of the application or login to the application. The changes are announced to the users via the media determined by Modimu.com.
5.2.6. Modimu.com does not provide any guarantee that the services it provides will be constantly active and accessible. Modimu.com especially judicial and other competent official authority decisions and applications, force majeure, situations caused by third parties, disruptions and delays caused by organizations providing internet connection service, similar external factors, misuse, technical malfunctions and other malfunctions, repair works or other It does not accept any responsibility whatsoever for the failures that result from referrals.
5.2.7. Modimu.com may limit or stop access to the application when necessary, in order to prevent network malfunctions, continuity of access to the network, to prevent malfunctions in the network, software or recorded files, to prevent or mitigate potential malfunctions, and in other situations where it deems necessary.
ARTICLE 6- SERVICES
Modimu.com will provide services to the users whose scope and content are determined by this agreement through “Modimu.com”. The mentioned standard application is free and some additional features in the application content will be provided for a fee. With this application, Modimu.com will provide users with the services of preparing channels where users can communicate with each other, share written and visual content on user portals, users can purchase products offered for sale by Modimu.com, and forward them to users in the form and conditions determined by this agreement. Modimu.com reserves the right to make changes to the content of its services at any time.
ARTICLE 7- PRIVACY
7.1. By filling in various forms and voting on the application, users are required to provide some personal information (such as their first / last name, telephone, address or e-mail address) to Modimu.com. Personal information will also be used to contact the user when necessary. The user has approved this use by signing this contract.
7.2. The personal information requested from the user is required in order to provide the “Service” to the user, and this personal information is stored by Modimu.com or third party companies authorized by him. Modimu.com mobile application is provided by Modimu.com. Some services in the application are provided through an authorized third party company, and users who want to benefit from the application agree that the information required for the delivery of the services will be shared with those third party companies / s.
7.4. Unless stated otherwise in this agreement, Modimu.com will not disclose any of the personal information to third parties that Modimu.com does not cooperate with. Modimu.com may disclose information about users to third parties, except in the terms of this contract, in the following limited circumstances. This is a limited number;
7.4.1 Law enacted by the competent legal authorities and in force, decree laws, regulations, etc. complying with the legal requirements such as
7.4.2 Requesting information about the members for the conduct of a research or investigation duly conducted by the competent administrative and judicial authority,
7.4.3 Modimu.com 7.1. provided that the provision is reserved, to keep personal information strictly private and confidential, to consider it a secret of confidentiality and to ensure and maintain confidentiality, to prevent all or any part of the confidential information from entering the public domain or to prevent unauthorized use or disclosure to a third party. declare and undertake to take the necessary care. Although Modimu.com takes necessary information security measures, Modimu.com will not have any responsibility if confidential information is damaged as a result of attacks on the application and the system or if it is received by third parties.
ARTICLE 8- APPLICABLE LAW AND AUTHORIZED COURT
This implementation of the Convention and the Law of the Republic of Turkey will be applied in the interpretation. Istanbul Anatolian Courts and Enforcement Offices are authorized in case of any dispute arising out of or may arise due to this Agreement.
ARTICLE 9- INTELLECTUAL PROPERTY RIGHTS
9.1. Technical data of the Application (overview, design, text, image, logo, icon, written, electronic, graphic or machine readable, including Modimu.com brand, applied business method and business model, software code and other codes and but not limited to) all elements of Modimu.com and / or used by Modimu.com under copyright from a third party. All these elements of Modimu.com, which are protected under the Intellectual and Artistic Works Law, cannot be changed, copied, reproduced, translated into another language, republished, resold, shared, distributed, displayed, exhibited, or used outside the scope of the User Agreement without prior permission and reference. or any work derived from them cannot be prepared or prepared, otherwise, the amount of compensation requested from Modimu.com due to the damage caused by Modimu.com and / or the damage caused by third parties, including the licensors, court costs and attorneyship They will be liable to cover the fee including.
9.2. Users are considered to have the content they submit to be published in the application or have the right to use them under the Law on Intellectual and Artistic Works. Users may publish the content that does not belong to them only in accordance with the procedure specified in the law and on the condition that they refer. Otherwise, the member who uploaded the content will be responsible for the damages that Modimu.com will incur, including compensations requested by 3rd parties.
ARTICLE 10- CONTRACT CHANGES
Modimu.com may amend this User Agreement or any provision by announcing it in practice at any time, depending on the conditions of the day and changes in the relevant legislation. The changing provisions of this User Agreement will take effect on the date of their announcement or, if there is a predetermined validity date; the remaining provisions will remain in force and will continue to produce terms and results. This User Agreement cannot be amended by users' unilateral declarations.
ARTICLE 11- POSSIBLE REASONS
11.1. Although the term of force majeure, natural disaster, rebellion, war, strike, Modimu.com takes necessary information security measures, Modimu.com, including but not limited to Modimu.com's reasonable control, including, but not limited to, attacks on the Application, Portal and system. Despite .com's due diligence, it will be interpreted as unavoidable events.
11.2. Users are considered to have the content they submit to be published in the application or have the right to use them under the Law on Intellectual and Artistic Works. Users may publish the content that does not belong to them only in accordance with the procedure specified in the law and on the condition that they refer. Otherwise, the member who uploaded the content will be responsible for the damages that Modimu.com will incur, including compensations requested by 3rd parties.
ARTICLE 12- VALIDITY OF RECORDS
In disputes that may arise from this Agreement, the user shall constitute valid binding, definitive and exclusive evidence of the electronic and system records, commercial records, notebook records, microfilm, microfiche and computer records kept by Modimu.com in its database and that this article is HMK 193. It accepts, declares and undertakes that it is an evidence contract in terms of article.
ARTICLE 13- TERMINATION OF THE AGREEMENT
This User Agreement will remain in effect as long as the user is a member of the application and will continue to produce cross-party terms and results; will be deemed to have expired if the user's membership expires or the membership is suspended temporarily or permanently. In case the application users violate this User Agreement and / or similar rules regarding the usage, membership and Services included in the Application, and especially in the cases listed below, users may terminate the Modimu.com User Agreement unilaterally and due to the termination, It will be obliged to compensate all damages suffered by Modimu.com; i- The user, using any method, to perform unrealistic actions and behaviors that will manipulate the operation of the system, ii- The user transfers or opens the user profile created for him to someone else, iii- In the elephants that violate and / or violate the rights of the user. presence.
ARTICLE 14- NOTIFICATION ADDRESSES
14.1. The Modimu.com application requests the postal addresses from the members in advance. However, the e-mail address reported by users to Modimu.com is accepted as the e-mail that will require the legal address for any notification regarding this contract.
2.14. Unless the parties notify the other party in writing within 3 (three) days of the changes in their existing e-mails, the requests made to the old e-mails will be valid and deemed to have been made to them.
14.3. Again, it will be accepted that any notifications made by Modimu.com using the registered e-mail address of the users will reach the members 1 (one) day after the e-mail sent by Modimu.com.
ARTICLE 15- VALIDITY
15.1. The user declares, accepts and undertakes that he / she has read, understood, accepts all the articles in this contract and confirms the accuracy of the information he has given about him.
15.2. This Agreement consists of 15 (fifteen) articles and entered into force upon mutual acceptance with the electronic approval of the user.