Last Update: February 21, 2022-02-21
ARTICLE 1 - PARTIES
Rights and obligations arranged by this contract enter in force; when Kozamark Bilişim Teknolojileri San. ve Tic. Ltd. Şti. (will be mentioned as “Urbansurf” from now on) who resides in the address “Üçevler Ülgen Sokak No:1 A1 Nilüfer Bursa /Turkey and the user who utilizes/uses Urbansurf mobile application within the given conditions in the agreement, electronically confirm that he or she read and understand this agreement while finishing the membership registration
ARTICLE 2 - DEFINITIONS
Definitions below, are the definitions which are going to be addressed within this contract, and will be used within the scope of the meanings described.
2.1. Application: The mobile application named “Urbansurf” states the mobile application software running on all mobile devices and all virtual reality channels (courses) where goods and services created accordingly to this software are displayed.
2.2. User/Member: States the people who register by the methods defined in this contract and who use the goods and services provided by the application within the given conditions in the aggreement.
2.3. System Access Tools: States only the information which is private for the user such as user profile management page; user name, password and social media accounts like Facebook that give access to application.
2.4. Services: States all actions and transactions of the members in the application that are defined in this contract and that are confessed to provide members to fulfill the services included in the 6. Article of the agreement.
2.5. Communication Channels: States the communication channels such as push notification, e-mail notification.
2.6. Personal Information / Confidential Information: States person’s name/surname, address, phone number, e-mail address and all kind of information for identifying the user.
ARTICLE 3 - SUBJECT-MATTER AND SCOPE
The subject-matter of this contract is that; to specify all goods and services which are present now and/or will be provided by Urbansurf in the future, the terms of use for these goods and services, and the mutual right and obligations of the parties within the scope of this aggreement.
ARTICLE 4 - MEMBERSHIP CONDITIONS AND TERMS OF USE
4.1. People who would like to use the mobile application, may register to application by filling the form reached by the registration button located in login screen of the application, and/or by connecting with their Facebook accounts. Users will be able to login the application by e-mail/username and password.
4.2. If any applications (Requests) made by the people who do not have the authority to represent and bind the legal person for infant and legal person members detected in any way, these members cannot benefit the rights that “The User” generates even if they finish the registration. Damages by contrariwise requests and actions are not in the charge of Urbansurf.
4.3. User should not be temporarily suspended by Urbansurf or his/her membership should not be banned indefinetely to register to application. As it is stated above, in accordance with the 5.1 No. article of this contract by Urbansurf, the fact that the people whose memberships are banned indefinetely finish the registration processes, will not not generate a result of gaining membership right and Urbansurf will not be responsible for the damages by this reason.
ARTICLE 5 - MUTUAL RIGHT AND OBLIGATIONS
5.1. User Right and Obligations
5.1.1. User approves that he/she confirms that he/she read and understood all the given conditions and terms within this contract and that he/she will act according to current regulatory and all conditions within this contract, while carrying out any user procedures, using the goods and services in the application and carrying out any transactions about the goods and services in the application.
5.1.2. User approves that Urbansurf will be entitled to disclose onfidential/private/commercial information to official authorities and Urbansurf will not be asked for any compensation for this reason regardless of the name under which, in case Urbansurf is responsible for making any explanation to official authorities in compliance with recent compulsory provisions of law and if information is requested duly by offical authorities.
5.1.3. User approves that Urbansurf will be entitled to disclose the commercial information of members to its business associates with which it concluded a contract intended for the execution of goods and services within this contract and/or for this reason, and user confirms that Urbansurf will not be asked for any compensation for this reason regardless of the name under which.
5.1.4. User is obligant for keeping the System Access Tools (username, password, code and etc.) which he/she uses to run the application confidential. The right to use the system access tools belongs to only the user. User will not divulge this information to third parties. User is completely responsible for the results emerging from the usage of system access tools by third parties. Urbansurf is not obligant for detecting the identity of the people who make such irregular usages. On condition that the terms stated above are legally guaranteed; user agree, declare and undertake that he / she is responsible for the usage of this information by the third parties and is responsible for the consequences of this, and that the transactions by the usage of this information bind legally himself or herself. User is responsible for informing Urbansorf immediately in case of he/she learns that his/her password is captured by others.
5.1.5. User accepts and undertakes that all the information and contents he/she provides within the application are correct and legal. Urbansurf is not responsible for researching the accuracy of the information and contents that are given by the user or installed by himself or herself via application, Urbansurf is not responsible to undertake and guarantee that these information and contents are secure, correct and legal as well as Urbansurf may not be held responsible for any damage occurs from the incorrection or failure of topic information and contents.
5.1.6. User agrees, declares and undertakes that all the transanctions made on “My Profile” page are carried out only and independently by himself or herself. User undertakes that; contact information he/she provides for Urbansurf only belongs to himself or herself and are the contact information under his / her control; and that he or she uses this contact information actively. User will be obligant for compensating any loss that Urbansurf suffer due to / if this contact information is not belonged to himself or herself, or he / she does not use contact information actively. User agrees and declares that Urbansurf has the right to unilaterally cancel this contract without notifying and to terminate the membeship of the User in case of the user transfers the portals created for himself or herself to others or puts them into service for others. User cannot transfer his / her right and obligations to any third parties partially or competely without a written consent of Urbansurf.
5.1.7. People, who use goods and services that Urbansurf provides, can only make transactions for lawful legal reasons. Any transactions within the application, and criminal and civil liability of the actions belong to User. While using the application, Users agreee that they will abide by the delegated legislation and legal acts within Turkish Criminal Law (TCK), Turkish Commercial Code, Code of Obligations, Consumer Protection Law, Distant Contract Regulations, 5651 No. Law on Regulation of Publications On Internet Environment and Fighting Against The Crimes By This Publications, Law On İntellectual and Artistic Works, Law on Protection of Rights for Brand, Patent, Utility Model, İndustrial Design, and every current and related legislation provisions, and declaratives that Urbansurf will publish related to application.
5.1.8. User agrees that this application belongs to and is operated by Urbansurf. The content of this application is protected in the direction of Intellectual and Industrial property rights. The User agrees and undertakes that he / she will not reproduce, copy, distribute and process any pictures, texts, audio and visual images, video clips, files, databases, catalogues and lists which seem like to constitute an offence to Urbansurf, and/or to real and personal rights, and assets of any other third parties.
5.1.9. Urbansurf has no responsibility for the contents that are published by third parties (including the user) on the application and on the internet sites which are given a link on the application. Undertaking of the accuracy and compliance with the law of any provided and published information, contents, audio and visual images is completely incumbent on the people who carry out these transactions. Urbansurf does not undertake and guarantee the security, accuracy and compliance with the law of services and contents provided by third parties.
5.1.10. The User and Urbansurf are independent (self contained) parties. Approval and implementation of this contract does not result in a situation about partnership, agency or labor and management relation between the parties.
5.1.11. The User is obliged to fulfill urgently the changes and/or corrections that Urbansurf requests. The damages, criminal and civil liablilities that may result by not fulfilling timely the changes and/or corrections that Urbansurf request belong completely to user.
5.1.12. The first and the most important condition for any “User” and “Recipient” creation is “to be older than 18 years old”. Within the scope of this contract, the user declares and undertakes that he / she is older than 18 years old after he/she fills the registration form and approves the article “I read and deliberated the User License Agrrement, and I agree the terms of agreement”. Urbansurf can unileterally cancel the user contract in case of detecting that user is younger than 18 years old when he / she registers and his / her membership is approved by Urbansurf. In this case; the user agrees, declares and undertakes that he or she does not have right of objection and will not have right to demand any pecuniary and non-pecuniary damages.
5.2. Right and Obligations of Urbansurf
5.2.1. Urbansurf reserves the right to unileterally change the goods and services and contents provided in the application everytime; to close the information and contents that the user uploaded on the system to third parties, including the user; and to delete these details. Urbansurf can use this right without giving any notification and giving time. Urbansurf will not be responsible for the loss which are resulted or will result in case of that the requests of changes and/or corrections are not fulfilled within the specified period, and Urbansurf will have the right to freeze or terminate the right of use of the user.
5.2.2. Links to a set of websites or contents that are not under Urbansurf control in the application may be given for reference convenience or various reasons. These links do not a mean a quality of any kind of declaration or guarantee towards the information located in website and content, as well as they are not in the way of supporting the mentioned website or content owner. Urbansurf does not make any suggestion and recommendation about that the contents of the websites of third parties, not limited by the matters ranked here, are legal, accurate, secure, fit and proper; information, data, software, goods and services used in content are trafficable; operation and management of the website will be errorless and continuous; inconveniences, faults and disorders will be fixed; website is cleaned for impairing factors and viruses; and Urbansurf does not give any trust, declaration and warrant in these respects. Urbansurf does not have any responsibility about the portals, websites, files and contents reached by the links on the application, and about goods and services provided on the portals and websites reached by these links or about the contents of these.
5.2.3. Urbansurf may remove comments, messages and contents that offend against the treatment and general rules of the application, and the public decency when and how it would like and/or Urbansurf may, without any notification, terminate the membership of the user who posts this comment, message and content .
5.2.4. Urbansurf reserves the right to change and reorganise any kind of services, goods, terms of use which are present in this application and its extension, and the information provided in the application without any notification and Urbansurf reserves the right to stop the application. Changes go into operation spontaneously with the publication. User mean to agree these changes by using the application or logging in the application. Changes are announced on the channels determinated by Urbansurf.
5.2.5. Urbansurf does not give any guarantee that the services within the application will be continueously active and reachable. Urbansurf, under no circumtance, does not take any responsibility for the inconveniences result from especially the judgements and applications of judiciary or another competent authority; vis major; situations that third parties cause, inconveniences and latencies and related external factors resulting by the institutions that provide internet service; miss-use, technical problems and other inconveniences; repair works or other inconveniences occuring as a result of other instructions.
5.2.6. Urbansurf can limit the reach to application or can stop the application on the conditions that; operation security of the web is under threat; continuity of the reach to web; to prevent the breakdowns which may occur on web, software or registered files; to prevent the possible inconveniences or decrease the effect of it; and on the other conditions that it see necessary.
ARTICLE 6 - PAYMENT
The member can access to certain parts of Urbansurf free of charge. Subscription fees must be paid to access premium services and products.
This Policy applies to users who purchase premium version of Urbansurf. Premium features of Urbansurf can be purchased online, throught Apple’s iTunes store, ot throught Google’s Google Play Store. Members will also be subject to the terms of use and service of iTunes or Google Play when purchasing these features.
6.1. Payment Plan
The member is free to access to the basic version of Urbansurf, To access to the premium features of Urbansurf, which has additional such as access to a personalized workout program, unlimited access to all features, access to advanced statistics, and comparison with other users, you can use Apple’s iTunes store or Google Play store of Android.
Promotions may be offered to members by the Company with different subscription plans and fees depending on the device, subscription type and duration selected during the purchase (eg. weekly, montly, quarterly, semi-annual, anual or indefinite)
In addition, some subscription plans are automatically refreshed (this is explained in detail under the heading “Automatic Renewal and Cancellation”).
If the Member has questions about the plan following the purchase, the Member can find detailed information on the settings page and the confirmation e-mail sent to the Member after purchase.
Within the company’s subscription plans, payment is made once during each period. If a monthly plan is purchased, the customer will pay once a month; if an annual plan is purchased, the customer chooses to purchase an indefinite plan, it will be charged once for lifetime use.
In order to facilitate the Member’s payments, the Company may use a third-party payment processor.
6.2. Automatic Renewal And Cancellation
Urbansurf can be purchased through iTunes or Google auto-renewal subscription. This means that the Subscriber’s subscription will automatically be renewed at the end of the subscription period.
After signing in to iTunes or Google account on a member, computer or iOs or Android device, Urbansurf can change or cancel subscription settings at any time
for more information: iOs: https://support.apple.com/en-us/HT202039
Android: https://support.google.com/googleplay/answer/2476088
The Member may also cancel the automatic renewal by contacting the Customer Service team at [email protected] at any time prior to the automatic renewal date.
6.3. Conditions of Returning
For the member’s refund requests, the Member should contact the Customer Service team at [email protected] . Otherwise, payment will be handled by Apple via iTunes or Google Play through Google Play; repayments must be made to Apple or Google customer service for refunds, which cannot be done by the Company.
6.4. Change in Fees
Fees imposed by the Company may change at a later date than initiation of the membership of the Member. If the pricing for a member’s subscription increases, this will be notified to the Member, who is offered the opportunity to change his/her subscription before applying to Member’s account or receiving payment in connection with the automatic renewal.
6.5. Payment Data
You agree that the payment information provided by the Member when sharing the payment information with the Company is valid and the use of payment information (1) on his/her behalf, or (2) on behalf of a person who authorizes the Company for subscriber acquisition.
If the member shares the payment information of someone else and which does not belong to him/her, and the person in question requests refunding, and is eligible to receive the account refund, he/she will be able to make payment. This can cause the Urbansurf service to be interrupted or terminated.
6.6 Apple iTunes Subscriptions
Urbansurf subscriptions made through the Apple App Store will be charged through the Member’s iTunes account and automatically renewed through the iTunes account.
For automatic renewal, the Member agrees and acknowledges that Copmany has the right to charge over the iTunes account. The subscription will be renewed at a charge 24 hours before the end of the current subscription period.
The member will be able to turn off automatic renewal in iTunes account settings. However, in order to for the automatic renewal process not to accur, the subscription cancellation must be made at least 24 hours before the end of the subscription period. No refund will be made for the unused portion of any period.
6.7 Indefinite Subscription
If a Member has purchased a subscription to Urbansurf “for indefinite period”, the Member will be able to access the Premium features of Urbansurf as long as Urbansurf service are available. The member knows and accepts that you cannot transfer your membership to another person. The Company has no warranty or statement regarding the life of Urbansurf services. The Member agrees that, while purchasing an “indefinite” plan, Urbansurf services may change or may be terminated in the future.
6.8 Withdrawal Rights
As specified in article 6.1 of these TOS, payments are processed and managed entirely by the Apple App Store or the Google Play Store, such that the right of withdrawal, if applicable, must be exercised directly through the App Store or Google Play.
Consequently, when a Member decides to exercise this right to withdrawal, he or she must notify the Apple App Store or the Google Play Store, depending on the type of device used at the time of purchase:
For the Play Store: follow the instructions that appear in the following link to access the terms and conditions for exercising your right to withdrawal from Google Play and to the model form:
For more information, you can contact the Google Play Store help center. The information for contacting them by phone can be found by clicking the link below: https://support.google.com/store/answer/6178715
For the App Store: you must notify that you are exercising your right to withdrawal using the form supplied by Apple Distribution International by sending it to the following address: Apple Distribution International, iTunes Store Customer Support, Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland. The model form as well as the terms and conditions for exercising your right to withdrawal from the App Store are accessible by clicking on the following link:
https://www.apple.com/legal/internet-services/itunes/fr/terms.html
ARTICLE 7 - SERVICES
Urbansurf, via “Urbansurf Application”, will provide Users the services of which content and scope are defined by this contract. Mentioned application is a free application. Urbansurf, via this application, will provide users the services that users may interact with each other, and may share audio and visual contents inside the application, and services for transfering the details to users within the shape and conditions given in the contract. Urbansurf reserves the right to make change in the content of the services it provides whenever it wants.
ARTICLE 8 - CONFIDENTIALITY
8.1. Users need to give a set of personal information about themselves (such as name/surname, phone number, addres or e-mail addres) by means of filling various forms on the application and by means of having votes. Personal information will be used to contact with the user if necessary. Information that is requested by Urbansurf and that is provided by the user or information about the transactions on the application, also out of aims and content given within the aggreement and without disclosing the identity of the user, may be used by Urbansurf and by the cooperating people for various statistical evaluations, setting database and market surveys. The user grants approval for this usage by signing this contract.
Urbansurf will not disclose any of personal information to companies who are not in cooperation and to third parties if not defined otherwise in this contract. Urbansurf, out of articles of this agreement, may disclose user information to third parties on the limited conditions stated below. This conditions, with limited availability, are;
8.2.1. in which it is necessary to obey the obligations that rules of law put forward to; such as current law, delegated legislation, regulations and etc.
8.2.2. in which it is necessary to carry out this contract and implementation of them,
8.2.3. in which there is a demand of information for a research or investigation that are executed in order by certified administrative and judiciary authorities.
8.2.4. And conditions in which it is necessary to give information for protecting the rights and security of the users.
8.2.5. Urbansurf, by reserving the 7.1 no. article, declares and undertakes that it will save personal information confidential and secret; will regard this as a confidentiality obligation; and will take all necessary measures and exercise due care to prevent all or some part of the secret information to enter public domain, and to prevent unauthorised use or to prevent disclosure to third parties. Urbansurf will not have any responsibility in case of secret information is damaged or catched by third parties as a result of attacks to Application and system although Urbansurf takes necessary measurements for security of information.
ARTICLE 9 - APPLICABLE LAW AND AUTHORIZED COURT
Laws of Turkish Republic will be implemented in application and interpretation of this User Agreement. Central Courts and Enforcement Offices of İstanbul are authorised in any possible dispute that is resulted or may be resulted by This Contract.
ARTICLE 10 - INTELLECTUAL PROPERTY RIGHTS
10.1. All elements of the application (general view, desing, text, image, logo, icon, electronic, graphical and machine readable technical data, Urbansurf brand, work method and model, software code and all other codes included, and not limited by these elements) belong to Urbansurf and/or are used under copyrights of third party person. All these elements belong to Urbansurf, which are protected by Law on Intellectual and Artistic Works, without taking permission before and without reference, cannot be changed, copied, reproduced, tranlslated into another language, republished, resold, shared, distributed, exhibited, used out of License Agreement context or works occured from these processes cannot be made or prepared, if acted in the contrary case, responsible person/people are responsible to compensate the loss that Urbansurf suffers and/or allowance, court costs and attorney fee that are requested from Urbansurf as a result of damages that third parties including licensors suffer.
10.2. In the case that every kind of written and visual content uploaded to application is subject to intellecutal property law, intellecutal property right belongs to user and user gives Urbansurf rights to reproduce, copy and process; and the rights to publish on pressed domain, the rights to publish by institutions which broadcast wired or wireless such as radio-television, satellite and cable, or the rights to publish on every tools that are used for signal and/or display transfer including internet and etc. communication channels, and not limited to these, user gives Urbansurf the right of indefinite and free usage without any geographical limitation.
10.3. It is accepted that the content that users provide to be published on application belong to themselves or they have the right to use them in the scope of Law On Intellectual And Artistic Works. Users may publish the content that does not belong to themlselves only according to way stated in the law, and by referring. Otherwise, member who uploads the content will be responsible for the loss that Urbansurf will suffer, including the compensations demanded by the third parties.
ARTICLE 11 - OUR ROLE IN URBANSURF ACTIVITIES
The activities listed on the Urbansurf app are organized by the activity organizers, not by us. We are a platform that provides technology for activity management and are not responsible for the following:
If you have any problems or questions regarding any of the above, you should contact the activity organizer. Organizers have full control over their activities and are responsible for informing you of any relevant terms or policies that apply to your use of the Service outside of these Terms, as well as for responding to and resolving any disputes that you may have regarding their activities.
ARTICLE 12 - AGREEMENT CHANGES / AMENDMENTS
12.1. Being subjected to today’s conditions and amendments on relevant legislations, Urbansurf may change this Licence Agreement or any article of it by the means of declaring on the application, in any time when it considers appropriate. Changed articles of this License Agreement become valid on the date when they are announced or on the date if there is a date of validity stated before; and the rest of the articles will continue to generate the terms and results by totally remaning in force. This License Agreement cannot be changed by unilateral declarations of the users.
ARTICLE 13 - VIS MAJOR
13.1. Vis major term will be interpreted as events including natural disaster, revolt, war, strike and attacks to Application or system although Urbansurf takes necessary measurements for information security, and not limited to these; as the inevitable events that develops out of Urbansurf reasonable control and that Urbansurf cannot prevent although it exercise due care.
13.2. In all circumstances regarded as vis major, parties are not obliged lately or deficiently commision or failure of performance of any of the acquisitons defined by this Contract. This and such circumstances will not be regarded as latency, deficient commision or failure of performance for Urbansurf or any compensation will not be demanded from Urbansurf regardless of the name under which.
ARTICLE 14 - VALIDITY OF THE RECORDS
The User agrees, declares and undertakes that, electronic and system records, commercial records, book entries, microfilm, microfiche and computer registers that Urbansurf keeps in its own database will form admissible obligatory, irrefutable and exclusive evidence and this article has the characteristics of evidence contract in the manning of HMK (code of civil procedure ) 193. No. article.
ARTICLE 15 - TERMINATION OF THE CONTRACT
This User Agreement will remain in force as long as the user is the member of the application and it wil continue to generate the provisions and results between the parties; and it will be regarded as to be expired by expiration of the membership time or termination of the membership permanently. In case of users violate the suchlike rules related to usage, membership and Services within this User Agreement and/or within the Application and in case of conditions especially stated below, Urbansurf will terminate the User Agreement unilaterally and users will be responsible for compensating all the loss that Urbansurf suffers for the reason of termination;
i- If the user carries out unrealistic transactions with the behaviours that manipulate the operation of the system by using any method,
ii- If the user transfers the personal profile created for himself or herself to others, or if the user opens it to usage of others,
iii- If the user carries out any activities that infringes the rights of third parties and/or that have the danger of infringment.
ARTICLE 16- CORRESPONDENCE ADDRESSES
16.1. Urbansurf application, beforehand, does not request mailing addresses from the members. But mailing address that the users declare to Urbansurf, is accepted as the electronic mail which will be asked for legal address for any notification related to this contract.
16.2. Parties agree that requests made to former electronic mails will be valid and will be counted as they are made to themselves unless they do not declare the changes on present electronic mails within 3 (three) days.
16.3. And again, it will be accepted that every kind of notifications that Urbansurf will make using the registered electronic mail address of the user will be counted as they reached to members 1 (one) day after Urbansurf send the electronic mail.
ARTICLE 17- VALIDITY
17.1. User declares, agrees and undertakes that he or she approves that he or she reads, understands and agrees all the articles located in this agreement; and that the information he/she gives about himself or herself are accurate.
17.2. This User Agreement consists of 16 (sixteen) articles and it, by mutual acceptance, enters in force by the electronical confirmation of the user.
17.3. Within the scope of this contract, if there is any disagreement between the Turkish and English agreement, articles in Turkish agreement will be valid.
KOZAMARK BİLİŞİM TEKNOLOJİLERİ SANAYİ VE TİCARET LİMİTED ŞİRKETİ