Membership Agreement

TOURNAMOVIE MEMBERSHIP AGREEMENT

Parties

This Membership Agreement (”Agreement”); on the one hand, Muğla Teknopark Kötekli Mahallesi Denizli Yolu Bulvarı No:4B-28 Menteşe/MUĞLA, SHELLIX SMART SOLUTIONS BİLİŞİM TEKNOLOJLERİ YAZILIM İTHALAT VE İHRACACAT ANONİM ŞİRKETİ (hereinafter referred to as “COMPANY”) and the Members who create membership in the mobile application of the COMPANY (“APPLICATION” or “TournaMovie”) by accepting this agreement in accordance with the following conditions.
The COMPANY and the MEMBER shall be referred to as “PARTIES” separately and together as “PARTIES” in this AGREEMENT.

Definitions

Member(s): The person/persons who accept this agreement to use the TournaMovie application

Related User: Persons who process personal data within the COMPANY or in accordance with the authorization and instruction received from the COMPANY, except for the person or unit responsible for the technical storage, protection and backup of the data,

Third Parties: Real and legal persons other than the COMPANY and MEMBER,

KVK Protection of Personal Data

KVKK Law No. 6698 on the Protection of Personal Data

Premium Membership: The type of membership required to take advantage of some of TournaMovie’s paid features,

Company: SHELLIX SMART SOLUTIONS BİLİŞİM TEKNOLOJIES YAZILIM İTHALAT VE İHRACAT ANONİM ŞİRKETİ

Application: TournaMovie mobile app,

Data Controller: SHELLİX SMART SOLUTİONS BİLİŞİM TEKNOLOJIES YAZILIM İTHALAT VE İHRACAT ANONİM ŞİRKETİ

Website: www.tournamovie.com of TournaMovie,

Subject of the Contract

COMPANY is the owner and operator of the application TournaMovie. TournaMovie is an online and multiplayer application where you can compete with other people about film skills and test yourself. The subject of this Agreement regulates the terms, conditions and rules of use of the application regarding the above-mentioned services of the MEMBERS through the application belonging to the COMPANY.

Introduction

Persons who download the TournaMovie application and access the main screen must read this AGREEMENT before becoming a Member. If the conditions set out in the AGREEMENT are not accepted by the MEMBER, the use of the application must be terminated immediately. In the event that the MEMBER uses the application and / or becomes a MEMBER by marking the “I have read the Membership Agreement” button, he / she will have accepted and approved the terms written in this Agreement.
MEMBER must know the equivalent of the terms used in the text of this Agreement in Turkish or English in their own language. They are obliged to search for the equivalent of the terms specified within the scope of the Agreement in their own languages and to carry out transactions accordingly. The claim that the meaning of the relevant word is unknown is invalid for the PARTIES.
MEMBER accepts and undertakes to comply with the provisions of this Agreement by benefiting from the services offered by TournaMovie.
Updates that may be published by the COMPANY, at the sole discretion of the COMPANY, from time to time on TournaMovie are also included in the AGREEMENT.
In case of any changes, the COMPANY will publish the updated terms on TournaMovie. The revised updated agreement will be effective from the moment it is published on TournaMovie and all MEMBERS will be subject to the new terms.

TournaMovie

TournaMovie is an application where MEMBERS can benefit from the services within the scope of the AGREEMENT and must fulfill their responsibilities and obligations specified in the AGREEMENT while benefiting from these services. MEMBERS who will not comply with the rights and obligations specified in the AGREEMENT should not use the application. MEMBERS accept and undertake that they will comply with/fulfill the rights and obligations specified in this AGREEMENT.
TournaMovie does not offer any guarantee or promise of recovery in its content and services provided to MEMBERS. TournaMovie does not offer a medical solution, does not aim to diagnose or diagnose any disease, nor is it a medical or health application. MEMBERS benefiting from the services and contents offered by TournaMovie are not subject to any medical and medical side effects or healing. The contents of TournaMovie are intended for persons over the age of 18 with no psychological or physical disorders and persons who do not meet this definition should not use TournaMovie. The results that MEMBERS will encounter during the use of the application cannot be directed to TournaMovie and MEMBERS who accept this AGREEMENT cannot claim any rights against the Company for using the application. MEMBERS using TournaMovie accept and undertake that they will not claim any rights due to the use of the application and that they will not hold TournaMovie responsible.
A subscription to TournaMovie is required to use Premium features and enjoy Premium content.
1. Become a Member

To become a member of TournaMovie, the application must be downloaded and installed. Then, when the “Become Member” option is clicked, the “Become Member” screen will appear. On this screen, the person must enter ” e-mail address, password (contact information). After filling in the mandatory information, the MEMBERSHIP AGREEMENT must be read and accepted, and the privacy policy must be read and accepted in order to gain the membership title. You can have detailed information about the processed personal data of MEMBERS by reaching [email protected].

Home Page

The created rooms appear on the main page and a room can be created by pressing the button below.

Results

When members experience the content in the game, their results are transferred to the “results” page.

Profile

Profile information contains information received when becoming a member. This information can be changed by Members.

Member Information and Personal Data

Personal Data Protection and Privacy Policy, Clarification texts are an integral part of this AGREEMENT. The processing of personal data is based on the legal relationship established between the MEMBER and/or the COMPANY.
The relevant legal relationship is determined by the Personal Data Policies, Privacy Policy, Privacy Notifications, Clarification Texts, Explicit Consent Texts, Personal Data Notifications established between the PARTIES. By accepting this contract, MEMBERS also accept and declare that they have read the above-mentioned Personal Data Policies, Privacy Policies, Privacy Notices, Clarification Texts, Explicit Consent Texts, Personal Data Notifications.

Limitation of Liability

The COMPANY shall not be held liable for any temporary or permanent loss or unusability of MEMBER accounts, any elements in these accounts, any work and/or data prepared due to technical reasons that may arise during the provision of the application and related services.
To the extent permitted under applicable laws, the COMPANY shall not be liable for the acts, omissions and behaviors of any third party, MEMBERS, advertisers and/or sponsors in connection with the use of the application.
The COMPANY may temporarily suspend or completely stop the operation of the system at any time. The COMPANY shall have no liability to MEMBERS or third parties due to the temporary suspension or complete suspension of the system.
Transactions arising from all legal changes that will take place outside the scope of this AGREEMENT are outside the responsibility of the COMPANY and shall be reflected in the AGREEMENT.
During membership to TournaMovie, personal data received from MEMBERS may be transmitted to Authorized Public Institutions and Organizations that may be a party to the dispute in order for the PARTIES to exercise their legal rights, limited only to the subject matter requested and limited only to this scope.

Membership

MEMBER may access the services provided by the COMPANY by using its own mobile phone. Although the information of the devices suitable for accessing these services is available on Google Play Store and AppStore, it is the MEMBER’s responsibility to provide these devices.
MEMBER will need an internet connection while using the APPLICATION. A mobile or internet operator usage fee may be collected from the wireless network or mobile internet by the wireless network or mobile internet service provider used by the MEMBER while benefiting from the content in the APPLICATION. This mobile or internet operator usage fee is outside the responsibility of the COMPANY and is NOT RECEIVED BY THE COMPANY and is entirely between the user of the application and the wireless network or mobile internet service provider to which he subscribes.
TournaMovie has two types of membership: Standard and Premium. Standard membership allows you to enjoy some of the app’s content without paying any fee, while Premium membership offers adless experience.
Premium membership can also be defined as an annual renewal subscription. In subscription services, no payment can be received other than the dates specified to the MEMBER. The MEMBER shall be informed before payment is received. In case the subscription is canceled by the MEMBER, the services provided by the Premium membership will continue to be utilized within the subscription period in which the MEMBER is in, and the Premium membership will turn into a standard membership when the subscription period ends.
When Premium membership prices are changed, the MEMBER will be notified of the change and the Premium membership will not be renewed without his/her consent. The MEMBER accepts, declares and undertakes that he/she foresees and knows that his/her Premium membership will automatically revert to standard membership unless he/she accepts the notification received when the price change is made and does not consent to the price change. The COMPANY will notify the MEMBER via e-mail towards the end of the Premium membership subscription or in cases where payment is not made.
MEMBER will be able to manage its Premium membership subscription from within TournaMovie.
If the premium membership was purchased through a third party provider (Google Play Store, AppStore, etc.), the subscription must be canceled directly with this third party provider.
The contract between the COMPANY and the MEMBER regarding the purchase of premium membership is one of the contracts listed in Article 15/1-ğ of the Distance Contracts Regulation “Contracts for services performed instantly in electronic media or contracts for intangible goods delivered to the consumer instantly.” and the MEMBER cannot use the right of withdrawal after the purchase in any way. MEMBER agrees that he/she knows that he/she cannot use the right of withdrawal when he/she purchases premium membership within this scope.
The MEMBER shall be responsible for ensuring the confidentiality of the password used during membership to TournaMovie and protecting the security. All kinds of activities carried out with the use of such information through the membership shall be deemed to be carried out by the MEMBER, and all legal and criminal liability arising from these activities shall belong to the MEMBER. When the MEMBER is aware of unauthorized use of the password or any other breach of security, the MEMBER shall immediately notify the COMPANY to the [email protected] e-mail address on the Website or TournaMovie.

Payments

The APPLICATION can be downloaded free of charge from the Google Play Store and the AppStore, but a Premium membership is required to use some of its content. In order to benefit from these contents, you must subscribe to the premium membership as in the “membership” article mentioned above.
For premium membership, the MEMBER must purchase a “premium membership” after downloading the application and approve the sales contract and additional agreements. Premium membership will not be available unless the required agreements are approved.
After the sales transaction is realized (at the time the fee is paid), the MEMBER agrees that the MEMBER knows that the MEMBER does not have any right of withdrawal in accordance with Article 15/1-ğ of the Distance Contracts Regulation.
If the MEMBER purchases premium membership through some intermediary services such as Google Play Store or AppStore, the MEMBER will be able to make the return and withdrawal transactions with the intermediary service providers. In this case, the COMPANY will not have any responsibility.
The COMPANY may work with a third party business partner company for invoicing, in which case all activities related to payment and invoicing will be carried out in accordance with the provisions of confidentiality and KVKK.
When payment and billing services are carried out with a third party business partner, in addition to this AGREEMENT, the agreement of the third party business partner regarding the payment and billing process shall also be valid for the PARTIES.
The COMPANY shall not have any liability in case of any defect of the third party business partner regarding the payment and invoicing processes or in case the transaction cannot be realized.

Rights and Obligations of the Parties

1. In order to benefit from the services of the COMPANY as a MEMBER, the Member Form must be filled out as stated above and the attached agreements must be accepted and submitted to the COMPANY. Members accept that the information declared by them in the relevant form and related points is correct and that they are responsible for any direct or indirect damages that may arise directly or indirectly due to this information, either as a MEMBER or by indirectly using the COMPANY.
2. Each MEMBER gains the Membership Status when their membership is approved by the COMPANY. In this context, each person who applies to become a MEMBER undertakes that he/she is of legal age. In this context, parents and legal representatives accept that the COMPANY will not have any responsibility in case of any loss of rights.
3. Each of the MEMBERS accepts and declares that they have the Capacity to Act to be a party to this AGREEMENT within the scope of the Turkish Code of Obligations No. 6098. If their own capacity to act is limited or incapable of performing the relevant transaction, they accept and declare that the person performing the relevant transaction is their authorized legal representative. The COMPANY does not accept any responsibility arising from the relevant transactions.
4. The MEMBER will be able to access the scope of the usage rights related to the services to be used from the Website or TournaMovie. The COMPANY reserves the right to change the rights granted to the MEMBER within the membership regarding the use at any time.
5. MEMBER may not carry out transactions, interventions, use the services provided in such a way as to damage, prevent access, overload or damage the sites, goods or services, software, data or data of the COMPANY or its content, media or application suppliers in any way, or in a way that prevents third parties from benefiting from the COMPANY’s services.
6. All data, texts, files, information, usernames, images, graphics, photographs, profiles, audio and video clips, sounds, musical works, original works, applications, links and other content and materials (collectively referred to as “Content”) sent by MEMBERS to the COMPANY or shared or displayed within TournaMovie are the sole responsibility of the MEMBER.

In case MEMBERS add different participants, sharing permissions, personal data and privacy permissions regarding the participants must be obtained by the MEMBER from the participants.

MEMBERS may not block or interrupt the COMPANY, its servers or networks connected to the COMPANY, including transferring worms, viruses, spyware, malware or any other damaging or blocking code. They may not add content or codes that change or prevent the way the COMPANY pages are displayed or displayed on users’ browsers or devices in any way. MEMBER is responsible for repairing the damage caused.
The account can be canceled by the MEMBER at any time via TournaMovie. The access authorization of the MEMBER who cancels his/her account to TournaMovie will be canceled. The purchases and uploaded contents of the MEMBER account terminated in any way are kept for 10 years in a manner inaccessible to the Related Users or third parties to be shared only with authorized public institutions and organizations upon their request. MEMBER cannot claim any rights or compensation for deleted records.
MEMBERS may not use personal information such as IP address, e-mail address, user name belonging to someone else on the internet, nor may they access or use the private information of other MEMBERS without permission. MEMBER is deemed to have accepted all kinds of legal and criminal liabilities that may arise from such use.
MEMBER accepts and declares that the data he/she provided while becoming a member of TournaMovie is correct, that he/she will update this data in case of any changes in this data, that the COMPANY is not responsible for any damages that may arise as a result of not updating this data or providing incorrect data and/or the termination of the rights that the MEMBER has acquired until that day.
The MEMBER agrees and undertakes in advance that he/she will not claim any rights and demands from the COMPANY in the event that this agreement is terminated and his/her membership to TournaMovie is canceled within the scope of this article and that he/she will not be able to claim any rights under any name whatsoever.
The COMPANY will take the necessary care to ensure that its services are provided in a timely, safe and error-free manner, that the results obtained from the use of the service are accurate and reliable, and that the quality of the service meets expectations, but does not commit to these.
The COMPANY is free to use any technology it deems appropriate within the framework of the applications and service requirements it determines in relation to the provision of the services it provides, and to change the technology it uses at any time. The COMPANY is authorized to make contracts with Third Parties or companies for any of its obligations and to have the maintenance and operation of the COMPANY partially or completely outsourced to others.
Although the COMPANY aims to ensure that the service provided by TournaMovie is as available as possible, the service provided by TournaMovie may be interrupted for reasons including, but not limited to, scheduled maintenance or upgrades, emergency repairs or failure of telecommunications connections and/or equipment. Furthermore, the COMPANY reserves the right to remove any content from TournaMovie’s service for any reason whatsoever without prior notice. The content removed from the service provided by TournaMovie will be stored by the COMPANY in accordance with its data retention policies, including but not limited to the purpose of complying with certain legal obligations, but these contents cannot be retrieved without a valid court order. Accordingly, MEMBER shall not back up its own Content to TournaMovie. In other words, MEMBER acknowledges that TournaMovie does not provide a backup service and cannot rely on TournaMovie for the purpose of backing up or storing the Content. COMPANY shall have no liability to MEMBER in the event of any modification, discontinuation or termination of TournaMovie’s services or loss of the Contents. MEMBER further acknowledges that the Internet may be subject to security breaches and that it may not be secure to post Content or other information.
The COMPANY may provide ‘links’ to other websites and/or portals, files or contents owned and operated by other third parties through the website. These ‘links’ may be provided by the COMPANY to the MEMBERS only for ease of reference and do not constitute a statement or guarantee of any kind for the purpose of supporting the website or the person operating the website or the website or the information it contains. The COMPANY does not have any responsibility for the portals, websites, files and contents accessed through the ‘links’ on the Site, the services or products offered from the portals or websites accessed through these ‘links’ or their content.
In the event that the MEMBER does not comply with the provisions of this agreement, the COMPANY may unilaterally terminate this agreement at any time and without any notice and without any justification and cancel the MEMBER’s MEMBERSHIP and the services that the MEMBER has received, is receiving or will receive from TournaMovie, the MEMBERSHIP may be partially or completely frozen or completely canceled.
The COMPANY may partially or completely terminate the services provided to the MEMBER at any time, provided that it is announced on TournaMovie.

Copyright

The COMPANY owns all intellectual rights to the data and data that will be generated by the use of the system.
MEMBER declares, accepts and undertakes that the copyright of the services and software provided by the COMPANY belongs to the COMPANY and that it will not reproduce and distribute this software in any way.
The MEMBER declares, accepts and undertakes that he/she is responsible for his/her personal ideas, thoughts, expressions, files he/she adds to TournaMovie environment, personal information he/she sends when he/she uses the services of the COMPANY and that the COMPANY cannot be held responsible for these files and Content in any way, including but not limited to disputes between MEMBERS, that the COMPANY is free to publish or not publish these opinions and thoughts, and that he/she has the right to edit these opinions and comments through moderators and correct spelling errors.

Assignment or Transfer

The COMPANY may transfer or assign or transfer all kinds of rights or authorizations or debts or obligations that it has in relation to the site contents or issued under this AGREEMENT, in whole or in part, to third parties or institutions at any time, provided that the MEMBER is notified.

Force Majeure

The COMPANY shall not be liable for any failure or delay in fulfilling its responsibilities in the contract partially or completely due to natural disasters, terrorist incidents, coup attempts, war, military practices, natural disasters such as fire, earthquake, events beyond the control of the COMPANY due to lack of energy, labor or facilities.

Integrity of the Contract

The invalidity, illegality and unenforceability of any provision of this AGREEMENT or any statement contained herein shall not affect the force and validity of the remaining provisions of the AGREEMENT.
This AGREEMENT constitutes an integrity with all its annexes. The annexes constitute special provisions and shall prevail in case of conflict.

Retention of Information and Burden of Proof

User information etc. registered in the COMPANY system shall be subject to the COMPANY Privacy Policy and shall be kept for at least two (2) years, provided that it does not contradict the Personal Data Protection Law and additional laws. In any dispute arising from the performance of this Agreement, the data stored in the COMPANY system and MEMBER records constitute binding and conclusive evidence.

Applicable Law and Jurisdiction

Turkish Law shall be applicable for the resolution of all disputes arising under this Agreement and Muğla Central Courts and Enforcement Offices are authorized.

Termination

The Parties may terminate this Agreement at any time.

By approving this MEMBER AGREEMENT in order to use the services provided by the COMPANY, you acknowledge and declare that you have read the Agreement, understood its content and accepted its provisions

TournaMovie DISTANCE SALES CONTRACT

Parties

This Distant Sales Agreement (”Agreement”); on the one hand, Muğla Teknopark Kötekli Mahallesi Denizli Yolu Bulvarı No:4B-28 Menteşe/MUĞLA, SHELLIX SMART SOLUTIONS BİLİŞİM TEKNOLOJLERİ YAZILIM İTHALAT VE İHRACACAT ANONİM ŞİRKETİ (hereinafter referred to as “COMPANY”) and the Members who create a premium membership from the COMPANY’s mobile application (“APPLICATION” or “TournaMovie”) by accepting this Agreement in accordance with the following conditions.
The COMPANY and the MEMBER shall be referred to as “PARTIES” separately and together as “PARTIES” in this AGREEMENT.

Subject of the Contract

The Distance Sales Agreement has been prepared to regulate the rights and obligations of the Parties in the Member’s purchase of Premium Membership subscription from the Application in accordance with the Law No. 6502 on Consumer Protection (”Law”) and the Distance Contracts Regulation (”Regulation”) published in the Official Gazette No. 29188.
The parties undertake and declare that they are aware of the terms of the Law on Consumer Protection and the Regulation on Distance Contracts and that they have read and accepted this Distance Sales Agreement, the Preliminary Information Form and finally the Membership Agreement by using the Website or Application before the completion of the purchase transaction.

Premium Membership Subscription

With this Distance Sales Agreement, the Member may choose one of the Premium Membership Subscription Plans arranged according to his/her preference within the Application or Website.
Premium Membership is limited to the following services:
1. all playlists can be personalized, the playback order of content can be changed,
2. Members can leave their own messages,
3. Member gets unlimited access to all playlists.
This Premium Membership Subscription is regulated by the Distance Sales Contract and the Parties, as stated in Article 8, paragraph viii of the Membership Agreement, as stated in Article 15 (ğ) of the Distance Contracts Regulation, “Contracts for services performed instantly in electronic media or contracts for intangible goods delivered instantly to the consumer. It is known and accepted that it is of this nature.

Determining the Price of Premium Membership Subscription

The price of the Premium Membership Subscription is notified to you during the purchase process in accordance with Article 5 of the Regulation. Since the price of the relevant service/product will vary according to the time of purchase, it is clearly notified during the approval. Except for Premium Membership, the use of the Application and the Website is completely free of charge.
The Company shall not be held liable for any additional costs, commissions, expenses or any fees that may be charged by the Google Play Store, App Store or the relevant banks in case of credit card purchases and by the intermediary in case of using an intermediary.
The qualifications listed in Article 3 of this Agreement within the Premium Membership qualification may change in the future or may be charged separately. In this case, you will be notified that you can renew your membership according to the renewed tariff after your Premium Membership is completed.

Delivery Time of Premium Membership Subscription

Premium Membership Subscription can be purchased through the Website or the Application. As stated above, the Premium Membership Subscription, which is in the category of “immediately delivered intangible goods”, will be delivered to the Member immediately upon approval of the Agreement.
The moment of delivery is the moment when the Company grants the Member the right to access the contents specified in Article 3 of this Agreement. Otherwise, it is the Member’s responsibility to access and use the relevant content.
The Company cannot be held responsible for defects in the Member’s internet provider or operating device. Accordingly, the Member’s access to Premium Content may vary depending on the operating system of the device used (Apple Store, Google Play Store, etc.).

Member’s Right of Withdrawal

Article 9 of the Regulation regulates the exercise of the right of withdrawal and the obligations of the Parties. According to this article
”ARTICLE 9 – (1) The consumer has the right to withdraw from the contract within fourteen days without any justification and without paying any penal clause.

(2) The right of withdrawal period starts on the day of the conclusion of the contract in contracts for the performance of services, and on the day the consumer or the third party designated by the consumer receives the goods in contracts for the delivery of goods. However, the consumer may also exercise the right of withdrawal within the period from the conclusion of the contract until the delivery of the goods.

(3) In determining the right of withdrawal period;

a) For goods that are the subject of a single order and delivered separately, the day the consumer or the third party designated by the consumer receives the last good,
b) For goods consisting of more than one part, the day the consumer or the third party designated by the consumer receives the last part,
c) In contracts where regular delivery of goods is made for a certain period of time, the day the consumer or the third party designated by the consumer receives the first goods

is taken as a basis.

(4) Delivery of the goods by the seller to the carrier is not accepted as delivery to the consumer.

(5) In contracts where the delivery of goods and performance of services are made together, the right of withdrawal provisions regarding the delivery of goods shall apply.”

Also in the Regulation, “Exceptions to the Right of Withdrawal It is regulated by Article 15. According to this

”ARTICLE 15 – (1) Unless otherwise agreed by the parties, the consumer cannot use the right of withdrawal in the following contracts:

a) Contracts for goods or services whose price varies depending on fluctuations in financial markets and which are not under the control of the seller or provider.
b) Contracts for goods prepared in line with the wishes or personal needs of the consumer.
c) Contracts for the delivery of perishable or expired goods.

ç) Of the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; contracts for the delivery of those whose return is not suitable in terms of health and hygiene.

d) Contracts relating to goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts for books, digital content and computer consumables provided in material media if 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 a subscription agreement.
g) Contracts for accommodation, transportation of goods, car rental, provision of food and beverages, and leisure time for entertainment or recreation, which must be concluded on a specific date or period.

ğ) Contracts for services performed instantly in electronic media or for intangible goods delivered instantly to the consumer.

h) Contracts for services whose performance is started with the consent of the consumer before the expiration of the right of withdrawal period.”

The Member cannot use the right of withdrawal as specified in subparagraph (ğ) of the first paragraph of Article 15, which regulates the exceptions to the Exercise of the Right of Withdrawal, since the service offered under this Agreement is related to services performed immediately or an intangible good delivered to the consumer immediately.

Electronic Message

Regardless of the duration of the Agreement, within the scope of the approval given by the Member before submitting the membership form, electronic messages may be sent to the Member by the Company and/or the Company’s affiliates and/or the Company’s business partners, and/or third parties with whom the Company does business, for informational, marketing and advertising purposes, by means of automatic search systems such as fax, e-mail, text message, or other means of communication without obtaining any other consent until the approval is revoked.

Confidentiality Provisions

This Agreement and the Confidentiality Agreement and Membership Agreement accepted by the Member are inseparable parts of each other. In this context, the provisions of the Confidentiality Agreement and the Membership Agreement shall remain valid and applicable after the Premium Membership Subscription.

Force Majeure

The Company shall not be liable for interruptions and disruptions caused by the Google Play Store, App Store or other intermediary service providers and natural disasters, terrorist incidents, coup attempts, war, military practices, natural disasters such as fire, earthquake, and events beyond the control of the COMPANY due to lack of energy, labor or facilities.

Record of Irresponsibility

The Company has prepared the Website and Application for people who do not have any medical disease or problem. If the Member has any medical illness, he/she should immediately stop using the Website and Application.
The Member uses the Application and the Website without accepting the Epilepsy Warning.

Final Provisions

The Member may apply to the Consumer Arbitration Committee and Consumer Courts within the monetary limit determined by the General Directorate of Consumer Protection and Market Surveillance of the Ministry of Commerce of the Republic of Turkey.
The Member may always apply to us at [email protected] regarding the provisions of this Agreement and Membership. Before applying, he/she agrees that he/she has read and been informed about the Communication Clarification Text on the Website or Application.

TournaMovie PRELIMINARY INFORMATION TEXT

Seller’s Information

TITLE: SHELLIX SMART SOLUTIONS BİLİŞİM TEKNOLOJİLERİ YAZILIM İTHALAT VE İHRACAT ANONİM ŞİRKETİ
ADDRESS: Muğla Teknopark Kötekli Mahallesi Denizli Yolu Bulvarı No:4B-28 Menteşe/MUĞLA
MERSIS: 0769152927300001
E-MAIL: [email protected]
PHONE: +90 252 358 77 57
The COMPANY and the MEMBER shall be referred to as “PARTIES” separately and together as “PARTIES” in this AGREEMENT.

Subject of the Contract

The Distance Sales Agreement has been prepared in accordance with the Law No. 6502 on the Protection of Consumers (”Law”) and the Distance Contracts Regulation (”Regulation”) published in the Official Gazette No. 29188 to regulate the rights and obligations of the Parties in the purchase of Premium Membership subscription from the Company’s Website or Application.
The parties undertake and declare that they are aware of the terms of the Law on Consumer Protection and the Regulation on Distance Contracts and that they have read and accepted this Distance Sales Agreement, the Preliminary Information Form and finally the Membership Agreement by using the Website or Application before the completion of the purchase transaction.

Premium Membership Subscription

With this Distance Sales Agreement, the Member may choose one of the Premium Membership Subscription Plans arranged according to his/her preference within the Application or Website.
Premium Membership is limited to the following services:
1. Members will see no ads.
This Premium Membership Subscription is regulated by the Distance Sales Contract and the Parties, as stated in Article 8, paragraph viii of the Membership Agreement, as stated in Article 15 (ğ) of the Distance Contracts Regulation, “Contracts for services performed instantly in electronic media or contracts for intangible goods delivered instantly to the consumer. It is known and accepted that it is of this nature.

Determining the Price of Premium Membership Subscription

The price of the Premium Membership Subscription is notified to you during the purchase process in accordance with Article 5 of the Regulation. Since the price of the relevant service/product will vary according to the time of purchase, it is clearly notified during the approval. Except for Premium Membership, the use of the Application and the Website is completely free of charge.
The Company shall not be held liable for any additional costs, commissions, expenses or any fees that may be charged by the Google Play Store, App Store or the relevant banks in case of credit card purchases and by the intermediary in case of using an intermediary.
The qualifications listed in Article 3 of this Agreement within the Premium Membership qualification may change in the future or may be charged separately. In this case, you will be notified that you can renew your membership according to the renewed tariff after your Premium Membership is completed.

Delivery Time of Premium Membership Subscription

Premium Membership can be purchased through the Application. As stated above, the Premium Membership Subscription, which is in the category of “immediately delivered intangible goods”, will be delivered to the Member immediately upon approval of the Agreement.
The moment of delivery is the moment when the Company grants the Member the right to access the contents specified in Article 3 of this Agreement. Otherwise, it is the Member’s responsibility to access and use the relevant content.
The Company cannot be held responsible for defects in the Member’s internet provider or operating device. Accordingly, the Member’s access to Premium Content may vary depending on the operating system of the device used (Apple Store, Google Play Store, etc.).
In order for the Member to use this service, the Member needs an internet connection and devices that can view/use the Application and Website. The provision of these belongs to the Member.

Member’s Right of Withdrawal

Article 9 of the Regulation regulates the exercise of the right of withdrawal and the obligations of the Parties. According to this article
”ARTICLE 9 – (1) The consumer has the right to withdraw from the contract within fourteen days without giving any justification and without paying any penal clause.

(2) The right of withdrawal period starts on the day of the conclusion of the contract in contracts for the performance of services; and on the day the consumer or the third party designated by the consumer receives the goods in contracts for the delivery of goods. However, the consumer may also exercise the right of withdrawal within the period from the conclusion of the contract until the delivery of the goods.