Article 1
Entrance
1.1. This User Agreement and other rules on the Website govern the terms and conditions of the services offered by davetiy.com and the rules governing the use of the Website. By creating a Member Profile on the Website and exchanging invitations/services, the User is deemed to have accepted this Agreement or to have undertaken to abide by it from the moment they begin using the Website. If you find these terms unacceptable, please do not use the Website or the services offered.
1.2.davetiy.com reserves the right to unilaterally change or modify the Agreement, provided that it does not prejudice Users, to ensure service continuity, meet future technical requirements, or comply with applicable legislation. If there are any changes, davetiy.com will publish the updated terms of use on the Website under the same link, with a new date, and, if deemed necessary, will notify Users via email and submit them for approval. The updated Agreement will be effective from the moment it is published on the Website, and use of the Website or its services will be subject to the terms of the updated Agreement from that moment onward.
Article 2
Definitions
2.1.“davetiy.com” Hakkı Gürkan Tüçel Private Company,
2.2.“Website” means the website https://davetiy.com,
2.3.“User” means anyone who uses the Website for any reason,
2.4.“Member” means the User who determines a username and password for himself/herself, subject to the acceptance of this User Agreement by registering his/her e-mail address and mobile phone number.
2.5.“Order Owner” means the natural or legal person who sends an Order request through the Website,
2.6..“Online Payment System” means the system that allows the payment of the fee for the creation and sending of digital invitations ordered by the Service User via the Website, by credit card, debit card, or other payment methods that support online payment provided by banks, under the terms and conditions set forth in this Agreement.
2.7.“Agreement” means this User Agreement,
2.8.“Invitee” means the User who receives a digital invitation produced by davetiy.com as a result of the Order Owner’s order request.
2.9.“Advertiser” means a third party or company that produces sponsored or branded content through invitations.
2.10.“Regulation” means the Regulation on Service Providers and Intermediary Service Providers in Electronic Commerce, published in the Official Gazette dated 26 August 2015 and numbered 29457.
Article 3
Services Offered by davetiy.com
3.1.davetiy.com offers its Members the service of creating a large number of personalized invitations and sending them to their guest lists via SMS and/or WhatsApp.
TERMS OF USE
Article 4
Membership System
4.1. Membership to the Website is free. Members may place multiple Invitation Orders through a single Member account. The user is responsible for creating and protecting their password. Usernames and passwords should not be shared and must be carefully protected. The Member is directly responsible for any malicious use of their account by others due to their own negligence. Davetiy.com reserves the right to recourse against the Member for any judicial/administrative fines and/or compensation it may be required to pay as a result.
4.2. All information submitted to the Website when creating a Member account, such as name, address, telephone number, email address, and tax office address, must be current, accurate, and complete. Davetiy.com is not obligated to verify the accuracy and currency of such information. Any damages incurred by Members or third parties due to inaccurate or incomplete information shall be the responsibility of the relevant Member.
4.3. Membership usage rights, username and password cannot be transferred to others.
Article 5
Creating an Order Request
5.1. Any Member who is at least 18 years old and of sound mind may create an Order Request by following the technical steps indicating the necessary stages for the establishment of the Agreement, such as selecting the goods and services, entering delivery and payment information and confirming the order, and by filling in the requested information accurately and completely, in accordance with the terms of this Agreement.
5.2.In order to create a valid Order Request, the required information regarding the request (personalized texts, guest list, guest contact information, payment method preference and payment information) must be provided completely, accurately and clearly and its content must comply with the terms set forth in this Agreement.
Article 6
Content of Order Request
6.1. The information, documents and declarations provided by the Member requesting an order shall not (a) violate the intellectual property rights or other rights of any third party, such as copyright, patent, trademark; (b) violate any applicable law or secondary legislation (those related to export control, consumer protection, unfair competition or misleading advertising, etc.); (c) contain statements and promotional expressions that are contrary to general morality and public order, dishonest and inaccurate, deceptive, misleading or exploit third parties' lack of experience and knowledge, endanger the safety of life and property, harm public health, or exploit patients, the elderly, children and the disabled; (d) provide services that can be performed under license, permit or license but are not subject to unfair competition with other licensed, permitted or licensed persons and institutions without a license, permit or license, (e) be defamatory, libelous, threatening or harassing; (f) shall not be obscene or contain child pornography; and (g) shall not contain any malicious software such as viruses, Trojan horses, or any harmful computer programming applications intended to harm any system, data, or personal information. Otherwise, davetiy.com shall not be held liable; the responsibility in question lies with the ordering Member.
6.2. Guests who wish to be removed from the mailing list or are disturbed by the content sent may request removal from the guest lists they are included in, in accordance with the conditions set out in the KVKK Agreement, from the Order Owner, or in case of a dispute, from davetiy.com.
6.3.davetiy.com reserves the right to block access to content found to be in violation of the terms set forth in Article 6, Clause 1 of this Agreement and to suspend the Orderer's Membership. In such a case, no Orderer may request a refund.
Article 7
Payment
7.1. The fee for the personalized invitation creation and sending service offered on the Website will be collected at the ordering stage after the completion of the preparation phase. The fee to be paid by the Event Host includes the cost calculated based on the number of people to be sent, as well as the shipping cost. The Event Host may use the Online Payment System, a debit card, credit card, or similar payment instrument, or other payment systems for payment. In payments made using the Online Payment System, if the card is unlawfully used by someone other than the card holder, proceedings will be carried out in accordance with the provisions of Law No. 5464 on Banking Cards and Credit Cards dated February 23, 2006, and the Regulation on Banking Cards and Credit Cards published in the Official Gazette No. 26458 dated March 10, 2007.
7.2.davetiy.com reserves the right to update the Pricing Policy, which determines the pricing for the personalized invitation creation and sending service offered on the Website. Pricing for transactions made prior to the update will remain unchanged.
7.3.Payments are invoiced for real and legal persons and invoices are sent to the relevant Member via e-mail.
Article 8
Service Fee Refund / Exercise of the Right of Withdrawal
8.1. Refunds cannot be requested for orders that have been successfully completed with the creation and sending of invitations.
8.2. In the invitation creation and sending processes, no refund can be requested for the fee and sending rights of invitations that do not reach the Invitee due to user-induced error (lack of contact information, wrong sending timing, etc.).
8.3. If the three delivery rights granted to the Event Host for each Guest, paid for with the order confirmation, cannot be delivered due to the Guest's preferences regarding the Personal Data Protection Law or their current situation (network problems, email service restrictions, etc.), no refund of the fee or delivery rights can be requested. Re-deliveries exceeding three delivery times will be charged again.
8.4. Invitations not received by the Guest due to errors caused by davetiy.com during the creation and sending of digital invitations will be notified to the User. Davetiy.com will provide solutions to compensate for the error or, at the Event Host's discretion, issue a refund of the fee or shipping rights. If the delivery is not completed by the promised date due to errors caused by Davetiy.com, Davetiy.com will contact the Member for a refund or service renewal.
8.5.No refunds will be made for invitations that reach the Invitee early or late due to shipping time errors caused by the Event Host.
8.6.davetiy.com has the right of forced cancellation in cases where it cannot process the Order Request and will contact the Member for a refund of the fee or shipping rights as a result of the forced cancellation.
8.7. If the Order Request cannot be processed, or if the invitation sending and creation service cannot be provided by davetiy.com, the Event Host has the right to withdraw from the contract within 14 days of the order request, without providing any justification and without paying any penalty. Notification of the exercise of the right of withdrawal must be sent in writing to support@davetiy.org within this period, with the phrase [Cancellation Request] in the subject line.
Article 9
Service Responsibility, No Warranty, and Independence of the Relationship
9.1. davetiy.com only provides the infrastructure for the Website and has no primary responsibility for the content created and submitted. The Event Host acknowledges and undertakes that the information and content regarding digital invitations and contact lists created on davetiy.com are accurate and legal, and that the documents, information, and content will not cause any infringement. davetiy.com may partially or completely suspend the Event Host's ability to use davetiy.com due to use that does not comply with this Agreement and applicable legislation.
9.2.davetiy.com does not guarantee the accuracy of the address, time etc. information provided by the Event Owner in the invitation content.
9.4. davetiy.com does not accept responsibility for the validity of campaigns promised in sponsored and branded content created for other brands. Details regarding the validity of advertisements in promotional invitations are between the Advertiser, the Event Host, and the Guest.
9.5.The Member and the Event Owner accept that the Guest lists created on davetiy.com may be processed for the purposes specified in the Privacy Policy page.
Article 10
Authorizations Granted to Davetiy.com
10.1.davetiy.com may temporarily suspend or completely stop the operation of the system. In this case, the Event Owner may request a refund at the time of the Order Request.
10.2. Davetiy.com or its partner payment institution may temporarily suspend or completely discontinue the ability of Users to make online credit card payments due to transactions that raise security concerns. Davetiy.com has no liability to Users or third parties for such reasons.
10.3.davetiy.com owns the intellectual property rights to all data generated by the use of the Website. Davetiy.com may use such information and reports to compile reports containing demographic information without disclosing user information, or may share these reports and/or statistics with its business partners and third parties, with or without a fee. These actions do not violate the provisions of Davetiy.com's privacy policy.
10.4.davetiy.com may inform Users about promotions, new services or projects, or news via email or push notifications. If Users do not wish to receive such emails, they may stop receiving such notifications by sending a written notice to [support@davetiy.org] or through the commercial communication channel they receive.
10.5.The Event Host and the Guest are responsible for any disputes that may arise between the Event Host and the Guest.
10.6.In order to protect the integrity of the Website, davetiy.com may, at its own discretion, block access to the Website for certain Users and Users from certain Internet Protocol addresses at any time.
10.7. Members and Event Hosts are legally and criminally responsible for the content they upload to davetiy.com, in accordance with Article 4 of Law No. 5651. The distribution of content by davetiy.com does not bind davetiy.com and does not relieve the Event Host and Member of their liability.
10.8.davetiy.com reserves the right to offer some or all of its services for a fee or free of charge in the future. The pricing and commission policies for certain services may change from time to time depending on the number, intensity, or quantity of services purchased or offered.
10.9. davetiy.com may, if it wishes, use SMS, e-mail or other technical means to verify the Users' e-mail address, mobile phone number and other information.
10.10. If it is determined that the Members have violated this Agreement, or to the extent required by the situation, davetiy.com may ban them from using the Website and accessing Membership rights, suspend Membership, or temporarily stop use without having to give any reason.
10.11. In accordance with the legal regulations introduced by the Revenue Administration, e-invoice and e-archive invoice applications have been implemented on davetiy.com. E-archive invoices for users who are not e-invoice users will be generated electronically and stored electronically. Notification regarding electronically generated invoices will be sent to Users' email addresses within seven days, and invoices will be sent via email in PDF format. Electronically generated invoices can be used as legal documentation before all official authorities.
GENERAL RIGHTS AND OBLIGATIONS FOR ALL USERS
Article 11
Relations and Transactions with Users (All Users)
11.1 Users are entirely responsible for their own relationships with each other.
11.2. When communicating with davetiy.com employees, Users may not use content that is racist, hateful towards any group or individual, infringes on personal rights, contains insults, harassment or advocates harassment, praises illegal activities, constitutes unfair competition, is threatening, obscene, defamatory, or slanderous. Failure to do so may result in the termination of the User's rights and, if necessary, the notification of the situation to the relevant authorities.
Article 12
Website Content
To the extent legally permissible under applicable law,
12.1.davetiy.com does not warrant that the Website will be error-free, uninterrupted or secure or that the use of the Website or any content, search or link on it will provide specific results and
12.2.davetiy cannot guarantee that any file downloaded from the Website will be free of viruses or other contaminating or destructive features.
Article 13
Limitations of Liability
13.1.To the extent legally permitted under applicable law, davetiy.com is not responsible for the acts, omissions and conduct of any third party, Website users, advertisers and/or sponsors in connection with the Website or its use.
13.2.davetiy.com is not responsible for any data loss arising from the operation of the Website or the application of its terms.
13.3.davetiy.com takes reasonable precautions for protection purposes. However, it accepts no responsibility for the consequences of malicious attacks on its computer network or existing databases, resulting in the access of User information to malicious parties or their malicious use.
Article 14
Copyright Policy
14.1.davetiy.com is the owner or licensee of all materials included in the Website, including all domain names, logos, graphics, sounds, icons, designs, text, images, HTML code, other codes, technical data presented in demonstrative, written, electronic, graphic, or machine-readable formats, the sales system, business methods, and business models ("Materials"), and all related intellectual and industrial property rights are under legal protection. Unless otherwise stated, they may not be used for commercial or personal purposes in media other than davetiy.com without attribution.
14.2 The software used in the design of these pages and the creation of the database belongs to davetiy.com. Copying or using the said software, or reverse engineering the software and technologies used, is strictly prohibited.
14.3. The copyrights to all comments and criticisms submitted to davetiy.com belong to davetiy.com. davetiy.com reserves the right to make changes to these comments, delete them, or remove them entirely, and may not publish some comments. davetiy.com reserves the right to use all information, comments, and criticisms associated with the user account for its own marketing activities, provided that it adheres to the terms of use, privacy policies, and applicable legal regulations.
Article 15
Content on the Website
15.1. The Website may contain links or references to other websites that are not under the control of davetiy.com. davetiy.com is not responsible for the content of these sites or any other links they contain.
15.2.davetiy.com reserves the right to remove any illegal or prohibited content from the Website and to terminate the membership of any such violators. This provision includes, but is not limited to, the following types of content:
Is clearly offensive or insulting to another User, such as content that promotes racism, hatred of any group or individual, or physical harm;
Harassing or advocating harassment of another User;
Promotes information that is known to be false or misleading;
Encourages illegal activities or uses disparaging statements about others, creates unfair competition, encourages threatening, obscene, defamatory or slanderous behavior;
Encourages illegal or unauthorized copying of another's copyrighted work, such as providing pirated computer programs or links, providing information on how to circumvent manufactured copy-protect devices, or providing pirated images, audio or video files or links to pirated images, audio or video files;
Contains restricted or password-restricted pages or hidden pages or images (not linked from another accessible site);
Provides sexual or violent material that exploits individuals under the age of 18 or solicits personal information from an individual under the age of 18;
Provides instructional information about illegal activities, such as the manufacture or purchase of illegal weapons, the violation of another's privacy, or the delivery or creation of computer viruses;
Involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes without our prior written approval;
Misusing personal information belonging to others,
Violating the intellectual and industrial rights of third parties, such as trademarks and patents,
Encourages unfair trade practices and restricts competition, and
Violate national and/or local consumer protection laws.
Article 16
Dispute Resolution and Competent Court
16.1.This Agreement is subject to the laws of the Republic of Türkiye.
16.2 The parties shall endeavor to resolve any disputes arising from the implementation and interpretation of this Agreement amicably. They acknowledge and declare that Ankara Courts and Enforcement Offices have exclusive jurisdiction to resolve disputes that cannot be resolved amicably.
Article 17
Information Storage and Evidence Agreement
17.1.davetiy.com system registered user information, offers, comments/evaluations, etc. are stored for at least three (3) years.
17.2. The Parties declare, accept and undertake that in any disputes that may arise from this Agreement, the commercial books and records of davetiy.com and the data stored in davetiy.com systems will be accepted as conclusive evidence in all disputes in accordance with Article 193 of the Civil Procedure Code No. 6100.
Article 18
Breach and Termination of Contract
18.1.davetiy.com may terminate this Agreement unilaterally and immediately, without prejudice to its rights to claim arising from this Agreement, if it detects a violation of the Agreement.
18.2. The parties may terminate this Agreement at any time. The parties' claims against each other at the time of termination of the Agreement shall not be affected.
Article 19
Force
This Agreement will remain in force as long as the Website continues to be used and a new agreement is not presented to the Users by davetiy.com.