Article 1. Parties
This membership agreement (“Agreement”) is executed by and between,
- on the one side, Hestia Yatırım Emlak İnşaat Turizm Ticaret İhracat ve İthalat Limited Şirketi established under the laws of the Republic of Turkey and domiciled at “Andifli Mah. Cumhuriyet Meydanı No 18 Kaş / Antalya / TURKEY” (hereinafter referred to as “Hestia”) as the operator of the web site with the domain name www.fidorento.com and affiliated mobile applications; and
- on the other side, user, who becomes a member to the online platform with the domain name fidorento.com by accepting the terms under this Agreement on or through the Site, mobile applications or any other interface which may be available to users depending on the prevailing technologic developments (“Member”) subject to the terms and conditions set out here-under.
Under this Agreement, Hestia and Member shall be severally referred to as “Party” and collectively as “Parties”.
Article 2. Scope of the Agreement
This Agreement governs the use terms and conditions, rules, terms subject to which Member can benefit from the services; of the web site with the domain name www.fidorento.com and affiliated mobile applications; and the rights and liabilities of the Parties.
Article 3. Definitions
Site: shall mean the web site with the domain name www.fidorento.com and the mobile applications which Hestia operates or has third persons operate for the provision by Hestia of the services subject to this Agreement.
Member Profile: shall mean the page specific to Member on www.fidorento.com, generated with the information given by Member, membership information and other basic information.
Article 4. Parties’ Rights and Liabilities
- It is necessary for the execution of this Agreement that Member fills in the information requested on the Site, enters the password that he has determined and provides the indicated consents/approvals for the execution of this Agreement. In the existence of a shortcoming in the membership information, Member may change the membership information on the Site.
- Member accepts, represents and undertakes that the personal or other information he provided while becoming a member to the Site are accurate, that he will indemnify in kind or in cash and immediately any damages Hestia may incur because of any inaccuracy in these information and that Hestia is by no means liable thereof.
- Member shall not disclose the password determined for his access to Member Profile with any other person, the right to use the determined password belongs to Member only. Hestia reserves its right to any and all compensation and other kind of demand against any claims or requests which could be addressed to Hestia by third persons or authorities or against any liability which may arise out of such use of Member’s password by other persons.
- While enjoying the Site’s services and carrying out any transaction in relation to these services, Member accepts and undertakes to comply with the terms and conditions laid down under this Agreement, the rules exposed in various parts of the Site and the applicable laws and not to breach them. Otherwise, any legal or criminal liability which may arise shall be exclusively upon the Member.
- All credit card/bank card transactions and approvals carried out by Member on the Site are executed between Member and the relevant bank, credit institution or payment service provider on-line. None of these payment transactions are carried out or approved by Hestia. As such, Hestia by no means views the credit card/bank card information of Member and by no means records them.
- Member, shall never use the Site for any purpose which is detrimental to the public order, against the public morality, in a way to disturb or harass third persons, in derogation of the law, in a way to infringe other’s intellectual and industrial property rights. In addition, Member shall not attend to transactions which are designed to obstruct others from using the services (such as spams, viruses, trojan horses, etc.).
- The opinions and thoughts expressed by Member on the Site are the personal opinions and thoughts of Member himself and shall be attributed to the author of such opinion or thought. These opinions or thought shall have no link whatsoever with Hestia. Hestia has no liability in respect of the damages Member or third persons may suffer as a result of opinions or thoughts expressed by Member or third persons.
- Hestia shall not be liable of the damages which may occur as a result of unauthorized access to Member’s information or harm which may occur to Member’s software or data. Member waives all his rights to request any kind of damages/compensation from Hestia as a result of his use of the Site.
- Member accepts to refrain from any unauthorized access to other internet user’s software and data. Otherwise, any legal or criminal liability which may arise therefrom shall be upon Member.
- In the event of a breach by Member of one or several provisions of this Agreement, Member shall be personally legally and criminally liable thereof and shall hold Hestia harmless from any legal or criminal consequences of such breaches. In addition, Hestia reserves its right to demand compensation for breach of this Agreement, if the incidence is brought before judicial authorities as a result of such breach.
- Hestia has at all times the right to unilaterally cancel the membership of Member and erase all files, documents and information of Member. Hestia shall not have any liability in such circumstances.
- All intellectual and industrial property rights related with the Site’s software, design, domain name and any kind of brand, trade mark, design, logo, trade dress, slogan and all other content are owned or used under license by Hestia, the copyright and/or other intellectual and industrial property rights are protected by the applicable relevant laws and Member shall not share, distribute, expose, reproduce or make derivative works of these foregoing without prior approval of Hestia. Other companies or products mentioned on the Site are the trade marks of their respective owners and are protected within the context of intellectual and industrial property rights. Member shall not use the web site content or part of it on any other media without Hestia’s prior approval. Hestia may claim the compensation of direct and consequential damages including loss of profit and loss of repute which Hestia incurs and/or may incur in the future because of the Member’s infringement in any way, of Hestia’s or third persons’ intellectual and industrial property rights.
- Hestia has taken measures for cleaning the Site from viruses or software with similar purposes. Member should also obtain his own virus protection system and ensure the necessary protection. In this context, Member is deemed to accept that he shall be liable for the direct or consequential results of any fault within his own software and processing systems by accessing the Site.
- Hestia reserves the right to alter or wipe out the Site’s content or any service provided to Member or delete Member’s information and data on the Site any time.
- Hestia may at all times alter, update or cancel the terms and conditions of the Agreement without any prior warning or notice under any form. Any provision altered, updated or cancelled shall be effective on the date on which the same is published.
- Parties accept and represent that the computer records of Hestia shall be accepted as the only exclusive and trustworthy evidence according to Article 193 of the Turkish Civil Procedural Code no. 6100.
- Save for when Hestia already benefits from Member’s communication/correspondence consent, by executing this Agreement, Member shall be deemed to have consented to receive mobile phone messages and emails to the mobile phone number and email address he has provided to Hestia. If Member decides to refuse to receive mails and/or messages, the same can be cancelled on the Member Profile through the Site.
- In the event any unfair and/or unlawful advantage is obtained from the Site through an act which constitutes an offense or a misdemeanor under the Turkish Penal Code no. 5237 and other applicable laws and that Hestia incurs any kind of damages as a result thereof, Hestia may claim from such Member who caused damages to Hestia, without need to any notice or court order or third persons’ approval, all the damages it incurred including without limitation loss of profit and/or judicial or administrative pecuniary fines and all the expenses, payments and costs that Hestia has incurred or will incur in the future (all types of costs including but not limited to court expenses, pecuniary fines, taxes, levies and charges, official fees) including without limitation third parties’ compensation.
Article 5. The Process of Becoming Member
The process of becoming member is consummated by (i) filling in the form available on www.fidorento.com or affiliated mobile applications, (ii) ticking the box associated with the sentence “I have read the Membership Agreement and hereby accept it.” and (iii) clicking on the button with the expression “Forward”, “Next”, “Save and Quit”, “Send”, “Continue” or an expression with a meaning of similar purport affixed on it.
Article 7. Termination of the Agreement
This Agreement may be terminated unilaterally by each party at any time.
Article 8. Dispute Settlement
Disputes arising out of or in connection with this Agreement shall be settled by the Courts and Execution Offices of Kaş.
Article 9. Execution