Distance Subscription Agreement


Article 1 - PARTIES

PROVIDER :

Title :

Boğaziçi BC Teknoloji Yatırım ve Ticaret Anonim Şirketi

Address :

Maslak Mah. Bilim SK. No: 5A Door No: 9 Sariyer / Istanbul

Phone :

0(850) 305 22 55

Email:

[email protected]

MERSIS:

017916042700001

BUYER (CONSUMER) :

Name - Surname:

xxxx

Address :

xxxx

Phone :

xxxx

Email :

xxxx


Article 2- SERVICE, FEE AND PAYMENT


The subject of this Agreement is the Buyer's website named http://fitbrokoli.com ('Website') of the Provider. Website') and offered to the Buyer with the options "I want to gain weight, I want to lose weight, I want to learn about healthy eating, I want to strengthen my immunity", this service is the appointment of a dietitian to the Buyer, the Buyer's After he conveys the information about himself to his dietitian through forms, a diet recommendation/program is created by his dietitian in accordance with the said information, continuous support is provided by answering the Buyer's questions instantly, and a phone call is made with the dietitian once a month (“Service”). Regarding the provision of the Service with this Agreement, the parties' rights are subject to the provisions of the Law No. 6502 on the Protection of Consumers, the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014 and numbered 29188, and the Regulation on Subscription Agreements published in the Official Gazette dated 24.01.2015 and numbered 29246. and its obligations. Subscription type and price are as follows.

Subscription Type

Payment Information

Total Payment

Billing Information


  1. Article 3- RIGHT OF WITHDRAWAL

The Service subject to the contract is one of the types of services in which the Right of Withdrawal will not be exercised by the Buyer as a consumer, pursuant to the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014 and numbered 29188, and the Regulation on Subscription Agreements published in the Official Gazette dated 24.01.2015 and numbered 29246. The provisions regarding the right of withdrawal within the scope of the said regulations for reasons are beyond the scope of this contract.


Article 4 - GENERAL PROVISIONS


4.1. The Buyer shall declare that he has received, read and informed about the basic characteristics of the Services displayed on the Website, the sales price including all taxes, the payment method and the right of withdrawal, and that he/she has the necessary information for electronic sales. acknowledges that it has given confirmation-approvals.

4.2. The buyer shall pay in cash or in installments via credit or debit card; Upon the Buyer's payment, the Service will be immediately given to the Buyer by the Provider.

4.3. If, for any reason, the Service fee is not paid or the bank payment is canceled after the confirmation of the Preliminary Order Information Form and the conclusion of this Distance Subscription Agreement, the Buyer pays the Service fee to the Provider. The Provider refrains from providing the Service until its notification.

4.4. If the relevant bank or financial institution fails to pay the Service fee to the Provider after the start of the Service, due to the unfair or unlawful use of the Buyer's credit card by unauthorized persons, the Service provided to the Buyer by the Provider shall be stopped immediately.

4.5. If the Buyer does not consent to the renewal of the Service received on a monthly or annual basis, until the subscription period expires, the Buyer's membership will automatically terminate.

4.6. The Buyer may cancel the Service, which he/she receives as a monthly subscription, only if the Provider makes a change in the terms of the Agreement or if there is a valid reason that will prevent him from using the Service. It will be returned to the Buyer within 15 (fifteen) days. In the event that the Buyer wishes to cancel the Service received in the form of an annual subscription, the remaining portion of the Service fee paid by calculating the period in which he will not benefit from the Service will be returned to the Buyer within 15 (fifteen) days. In the payments made by the Buyer by credit card, the relevant amount is returned to the relevant bank within 3 (three) business days after the Service is canceled by the Buyer. The Provider knows and accepts that it will not be possible for the Provider to intervene in any way and the time it will take for the bank to reflect the amount returned to the credit card by the Provider to the Buyer's account is not the Provider's responsibility.

4.7. The buyer accepts and declares that he/she has entered his/her own information such as age, weight, height, disease etc. completely, completely and correctly in order to create diet programs suitable for him and to get maximum benefit from the service. Otherwise, the Buyer shall be responsible for all kinds of damages arising from the implementation of diet programs before the Buyer.

4.8. The Provider is responsible for the complete performance of the Service subject to the Contract, in accordance with the information and objectives specified by the Buyer. If the Provider delays or does not fulfill any of its obligations under this Agreement due to force majeure, such as interruption of internet connection, suspension of access to the website by public authorities, even though it tries to fulfill any of its obligations in good faith in a timely manner and in accordance with the Agreement. will not be deemed to be in default and the time of performance will be postponed during the continuation of the force majeure in question. The Buyer shall not claim any compensation from the Provider for these situations.

4.9. The Buyer can report his requests and complaints regarding the Service to the Provider through the Provider communication channels in the preamble of this Agreement.

4.10. Consumers can forward their requests and complaints to the address, telephone and e-mail addresses of the Provider above. If it is not possible to find a solution in this way, Consumers who wish can make their applications regarding their complaints and objections to the Arbitration Committee for Consumer Problems or the Consumer Court in the place where the service is provided to the Consumers or where they reside, within the monetary limits determined by the Ministry of Trade in December every year.


Article 5 - EVIDENCE AGREEMENT AND AUTHORIZED COURT


Provider records (including records in magnetic media such as computer-sound recordings) constitute conclusive evidence in resolving any disputes that may arise from this Agreement and/or its implementation. T.R. Consumer Arbitration Committees are authorized within the monetary limits determined by the Ministry of Commerce in December each year, and in cases exceeding the Consumer Courts and Enforcement Offices in the Buyer's and Provider's settlements.


Article 6 – EFFECTIVENESS AND VALIDITY


The Buyer hereby declares that he/she has read all the conditions and explanations written in this Agreement and the APPENDIX- User Agreement and the Order Preliminary Information Form, which form an integral part of the Agreement, the basic features of the Service subject to sale, the sales price, the payment method. etc. that he has prior knowledge of all preliminary information and the right of withdrawal regarding the( the relevant Agreement is also sent to the e-mail address provided by the Buyer .) declares that he/she has purchased the Service and accepted the provisions of this Agreement by giving approval to all these in electronic environment.

The invalidity, illegality or non-applicability of any provision of this Agreement shall not affect the validity of the remaining provisions of the Agreement.


APPENDIX: User Agreement


User Agreement


  1. strong>1. Parties

This User Agreement (hereinafter referred to as " User Agreement "), Maslak Mah. Science SK. No: 5A Gate No: 9 Sarıyer / Istanbul Bogazici BC Teknoloji Yatirim ve Ticaret Anonim Şirketi (hereinafter referred to as 'Fit Broccoli' ) and www.fitbrokoli. com domain website (hereinafter referred to as " User ").

  1. strong>2. Definitions

Interface: Refers to the web pages that give commands to the computer program to perform any operation that can be performed on the Website, including viewing the content created by Fit Brokoli by Users and querying the database.

Services: Refers to the nutritional consultancy services offered by Fit Brokoli to users through Fit Brokoli's Whatsapp corporate account.

Personal Data : Means any information relating to an identified or identifiable natural person.

User: refers to natural persons who benefit from the services offered on the Website.

KVKK: means the Law on the Protection of Personal Data No. 6698.

Force Majeure: Natural disasters, riots, wars, strikes, communication problems, infrastructure and internet failures, system improvement or renewal works and malfunctions that may occur due to this, power cuts and bad weather conditions. Including, but not limited to, events that a party cannot reasonably control and whose effects cannot be avoided despite reasonable efforts.

Database: It refers to the database protected in accordance with the Law No. 5846 on Intellectual and Artistic Works belonging to Fit Brokoli, where the contents on the Web Site are stored, classified, queried and accessed.

Website: Refers to the website where Fit Brokoli offers its Services, consisting of the domain name www.fitbrokoli.com and the subdomains connected to this domain name.


  1. 3. Subject and Scope of User Agreement

The subject of this User Agreement is the terms of the User to benefit from the Services offered on the Website and the determination of the rights and obligations of the Parties. .


  1. strong>4. User Terms

4.1. Users will be able to login to the Website with their e-mail addresses / phone numbers and password. In order to be a user, it is necessary to be of age and not be suspended or banned from membership indefinitely by Fit Brokoli within the scope of this User Agreement.

4.2. Upon the approval of this application by Fit Brokoli, after the User has registered on the Website, the User acquires the right and authority. The application of the User may be rejected by Fit Brokoli without any reason, ora The user may be requested to fulfill additional terms and conditions.

4.2 Fit Broccoli may unilaterally terminate this User Agreement, terminate the User's membership, or terminate the User Agreement at any time, without giving any reason and without giving any notice to the User and without paying any compensation under any name. The application of the User whose membership has expired for any reason may be rejected by Fit Brokoli.


  1. 5. Rights and Obligations of the Parties

5.1 User's Rights and Obligations

5.1.1. The user understands that he/she will act in accordance with the rules and conditions specified in this agreement, all applicable legislation, morality and goodwill rules, and that he/she understands the User Agreement regulations and all terms and rules published on the Website, and accepts and undertakes that it approves.

5.1.2. The user is entirely responsible for the security, use, and storage of the user information and password used to login to the membership account, and keeping it away from the information of third parties. The User is fully responsible for the consequences of the use of the means of access to the system by a third party, and Fit Brokoli is not obliged to identify the persons who make such illegal uses. The User is responsible for any material and moral damages that may be incurred by him or her. If the user learns that his password has been captured by others, he is obliged to inform Fit Brokoli immediately.

5.1.3. If the User whose membership has been canceled or suspended for any reason opens a new membership account with different membership information in order to register on the Website and this situation is determined by Fit Brokoli, Fit Brokoli Cancels the user's membership without giving any reason.

5.1.4. The User accepts, declares and undertakes that the information and content provided by him, both in correspondence and during the appointment within the Web Site, are correct, up-to-date and in compliance with the law. Fit Brokoli, Fit Brokoli' Employees and managers of the Company are not liable and responsible for investigating the accuracy, authenticity and up-to-dateness of the information and content transmitted by the User.They are not responsible for any damage that may arise due to this.

5.1.5. While using the services offered on the Website, the User can only act within the Website for lawful purposes. The legal and criminal responsibility of the user in every transaction and action within the application belongs to him.

5.1.6. The User, through the Website, is unlawful, threatening, libelous, obscene, harassing or offensive; encouraging illegal activities; It is strictly forbidden to transmit messages that support acts of violence, that contain discrimination based on race, gender, color, religious belief, sexual orientation, disability or any other unlawful act. Fit Brokoli may terminate the membership of the User who enters the message content in this way without any notice.

5.1.7. After approving the User Agreement, the User declares and undertakes that he/she is over the age of 18 within the scope of this agreement. in case of; Fit Brokoli may terminate the contract of the relevant User unilaterally. In this case, the User accepts, declares and undertakes that he/she has no right of objection and that he/she has no right to claim, including pecuniary or non-pecuniary damages.

Rights and Obligations of 5.2.Fit Broccoli

5.2.1. Fit Brokoli accepts, declares and undertakes to perform the Services within the conditions specified in this User Agreement, to establish and operate the technological infrastructure necessary for the provision of the Services. The obligation to establish the technological infrastructure specified in this article does not mean an unlimited and complete service commitment. When necessary, Fit Brokoli may limit or stop access to the Web Site without any notice, if the operational security of the network is in danger, in order to prevent malfunctions that may occur in the network, software or files, to prevent possible disruptions or to reduce its effect, and in other cases it deems necessary.


  1. 6. Privacy

6.1. The Personal Data entered on the Website by the User himself is processed by Fit Brokoli within the scope of the User Agreement and within the conditions stipulated in accordance with the KVKK and the relevant secondary legislation (subject to the obligation of clarification and, if necessary, based on the explicit consent of the Member). For detailed information on the Protection of Personal Data, please visit the [www.fitbrokoli.com] page. Fit Brokoli can make changes in the policies and related texts on the Protection of Personal Data published on its Web Site at any time. The changes come into effect as soon as they are published on the Website. The user is obliged to follow the said changes and cannot make any demands from Fit Brokoli regarding such changes.

6.2. The contents of the messages sent by the users to the nutrition counselors via the Website are stored by Fit Brokoli in order to provide better service to the Users. For detailed information on the Protection of Personal Data, please visit the [www.fitbrokoli.com] page.

6.3. Fit Brokoli, to keep personal data confidential in accordance with KVKK, to consider it a confidentiality obligation; declares and undertakes to take all necessary measures and to show due diligence to prevent the unauthorized use or disclosure of all or part of confidential information to a third party and to ensure and maintain confidentiality.


  1. 7. Other Terms

7.1.Changes. Fit Brokoli may, at its sole discretion and unilaterally, amend this User Agreement at any time it deems appropriate, by posting it on the Website. The changed provisions of this User Agreement will be valid on the date of publication on the Website, and the remaining provisions will remain in effect and continue to have its terms and consequences. This User Agreement cannot be changed by the unilateral declarations of the User.

7.2. Intellectual Property Rights. User owns all intellectual property rights of Fit Brokoli's Websiteaccepts the shower. This User Agreement does not grant the User any rights or licenses regarding the Website, such as copyright, database rights, trade secrets, trade names, trademarks (registered or not), designs, patents, utility models. Without the written permission of Fit Brokoli, the whole or any part of the Website and / or any data in its content may be copied, reproduced, transmitted to the public, distributed, published, used, directly use, copy, lease, lend, modify, store, upload, post, distribute, transmit, republish, display, adapt, process, represent, commercially or indirectly, exactly or otherwise It is strictly forbidden to hold, sell or encourage or facilitate the above-mentioned acts.

7.3. Force Majeure. Although Fit Brokoli tries to fulfill any of its obligations in this User Agreement in good faith and in accordance with the User Agreement, if it delays due to a Force Majeure or does not fulfill it at all, it will not be deemed to be in default and the time of performance will not be deemed to be in default. will be postponed for the duration. The user will not claim any compensation from Fit Brokoli for these situations.

7.4.Assignment and Assignment. The user cannot transfer or assign this User Agreement or its rights and obligations under the User Agreement, in whole or in part, to any third party without the written consent of Fit Brokoli.

7.5.Applicable Law and Authority. Turkish Law shall be applied in the implementation and interpretation of this User Agreement, excluding the Turkish conflict of laws rules.

7.6. Validity of Records . The user, in case of disputes that may arise from this User Agreement, shall declare that the electronic records and commercial books kept by Fit Brokoli in the Database and servers shall constitute reliable, binding, definitive and exclusive evidence and that this article shall be used by HMK It irrevocably accepts, declares and undertakes, in advance and with consent, that it is in the nature of an evidential contract regulated in Article 193/1.

7.7. Enforcement .This User Agreement has entered into force with the electronic consent of the User. The invalidity, illegality or non-applicability of any provision of this User Agreement will not affect the validity of the remaining provisions of the User Agreement.