Simsem is an application that aims to promote a local experience in pre-set cities and countries in the Middle East by bringing together Members (signed up members of the Platform with private accounts accessible through personal usernames and passwords) and Sellers (sellers of products and services on the Platform as approved by Simsem) on the Platform within the local laws and regulations.
- The Member accepts, agrees and undertakes that in order to begin or demand a legal action or purchasing order through the options provided in the Platform, the Member must have complied with the pre-requisite legal liabilities and procedures as demanded by the Platform as well as the laws and regulations of his local regulation and that otherwise Simsem shall not be held liable for the consequences of the lack thereof.
- The Member accepts and agrees that the parties to a distant sales agreement to be executed between the member and the service provider/seller on the Platform shall not include Simsem and that the liabilities arising in relation to the distant sales agreements shall be borne by the Seller and Seller only.
- The Member hereby grants Simsem (‘The Company’) an irrevocable, non-exclusive, royalty-free license to use, reproduce, distribute, and display User-provided content. This includes, but is not limited to, personal photographs, tour imagery, and descriptive text (‘Content’). The Company reserves the right to utilize said Content for marketing and promotional purposes across various mediums. The Member affirms they have secured all requisite permissions and consents for the Content provided and possess the right to grant The Company this usage license.”
TERMS OF PAYMENT
- The Member undertakes to comply with the relevant laws and regulations, ethics codes as well as the Platform policies during the membership, correspondence with Sellers and the officials of Simsem and accepts that the Member shall be held the sole liable person for the legal and criminal consequences of their actions and transactions.
- The Member shall be liable for keeping its username, password and uploaded personal information safe and private at all times. The Member accepts and undertakes that all correspondence, actions and transactions carried out through the Member’s account shall be the Member’s liability and that the Member shall not refrain from complying with the laws and regulations with respect to the usage of its account. The Member shall not use to the account to carry out illegal activities, breach data privacy laws and protections, interfere with the operation and technical structure of the Platform, manipulate the contents of the Platform either on the Platform or on a third party application, website or other public system, breach local or international laws and regulations, agreements, share or spread information through and on the Platform that would give effect to the breach of local and international laws and regulations and agreements, intend or cause harm to any parties on the Platform and use softwares that would allow data mining, data crawling to obtain, use, distribute, copy or manipulate the data stored on the Platform.
- The Member shall be liable to ensure that the relevant protective measures (software and hardware included) are taken for the protection of the platform from viruses, technical breaches, license breaches and pirated software for the protection of the Platform and its software. The Member accepts not to access the Platform through third party softwares and robots.
- The Member accepts that the “Simsem” logo, name, brand, application, Platform design, domain name, code and all relevant intellectual property belongs to Simsem and that without the approval and written consent of Simsem, the Member shall not use, share, distribute, display, copy or derivate the intellectual property owned by Simsem. The Member shall solely be liable for all the breach of intellectual rights of Simsem and any third parties on the Platform and shall compensate the harmed parties for direct and indirect losses and claims.
- If riots, embargos, state interventions, uprisings, wars, strikes, lockouts, lockdowns, cyper attacks, communications problems, infrastructure and internet connection faults, improvement and updates to the system, fires, explosions, floods, earthquakes, migrations, outbreakes and other acts of god and force majeur events that could not have reasonably been foreseen by Simsem (“Force Majeur”) adversely affect, preclude or temporarily suspend the performance of the Platform or the liabilities of Simsem, Simsem shall not be held liable for the late or non-performance of its liabilities without breaching its liability towards the Members and Sellers.
- “Payment System” means the fee for the service to be received by the Service User through the Website, provided by SimSem or the payment institutions with which SimSem cooperates, under the terms and conditions set forth in this Agreement, by credit card, debit card, other online payment provided by banks. means the system that provides collection from the Service User with payment methods.
- In cases where the payment institution with which SimSem cooperates is the intermediary of the Online Payment System; The relationship between the payment institution and the Service User and the Service Provider is independent of SimSem, and the fulfillment of the obligations stipulated in the relevant legislation and the responsibility belong to the relevant payment institution.
- Instructing the payment institution not to forward the relevant amount to the Service Provider in case of incomplete or faulty performance of the services paid with the Online Payment System by SimSem to the relevant Service User, if a Service Provider cannot be found in accordance with the Service Request or the service is canceled and/or the relevant Service Provider The right to cancel the request is reserved.
- If agreed with the payment institutions for the Online Payment System, SimSem is only obliged to send the necessary instructions to the relevant institution for the payment / refund of the relevant fees. It is the responsibility of the relevant payment institution to keep and keep the User information and all other necessary information securely and to perform the transactions in a secure manner by the relevant payment institution.
- Payments for service providers will be made through Wise, their services will be paid every 10 days. For example: 1st / 20th of month and last day of month.
- Information Retention and Evidence Agreement
- Users are responsible for covering any damages incurred by SimSem and 3rd parties in cases that may occur as a result of the users acting in violation of the provisions of this Agreement. If SimSem determines that the Agreement has been violated, it may terminate this Agreement unilaterally, suspend, temporarily limit or impose other sanctions without prejudice to its claims arising from this Agreement.
- The Parties may terminate this Agreement at any time. At the time of termination of the contract, the rights of the parties to each other remain unaffected.
- Breach and Termination of Contract
This Agreement will remain in effect as long as the Website continues to be used and a new agreement is not presented to Users by SimSem.
17.1 profile content he/she has created on SimSem will be indexed by various search engines, can be viewed on the search results screens of the search sites and will be seen by third parties/institutions, and that he/she will be personally responsible if the information he/she shares in the profile contains any illegality.
- Copyright Policy
- Any ideas, recommendations, explanations, reviews, offers or other information or content published through the Website belong to the respective authors. The authors in question are solely responsible for the aforementioned content. SimSem does not (i) guarantee the accuracy, completeness or usefulness of any information on the Website, or (ii) accept, endorse or accept responsibility for the accuracy or reliability of any ideas, advice or explanations given by any person displayed on the Website.
- The Website may contain links or references to other websites that are not under SimSem’s control. SimSem is not responsible for the content of these sites or any other links they contain.
- SimSem reserves the right to remove illegal or prohibited content from the Website and to terminate the membership of such violators. This provision includes, but is not limited to, the following types of content:
- is clearly offensive or insulting to the other User, such as content that promotes racism, hatred and physical harm against any group or individual;
- harassing or advocating harassment of the Other User;
- Contains “junk mail”, “chain letter” or unsolicited mass mailing or “spamming” transmission;
- Promote information that you know is false or misleading;
- Encouraging illegal activities or using disparaging statements about others, creating unfair competition, threatening, obscene, defamatory and slanderous behavior;
- Promotes illegal or unauthorized copying of another’s copyrighted work, such as by providing pirated computer programs or links, providing information to circumvent copy-protected devices installed during production, or providing pirated images, audio or video files, or linking to pirated image, audio or video files;
- Contains prohibited or password-accessed pages or hidden pages or images (not linked from another accessible site);
- Provide sexual or violent material that exploits individuals under the age of 18 or requests personal information from an individual under the age of 18;
- Provide instructional information about illegal activities, such as the manufacture or purchase of illegal weapons, violation of another’s privacy, or giving or creating computer viruses;
- Requesting passwords or personally identifiable information from others for commercial or illegal purposes;
- Includes commercial activity and/or sales such as contests, sweepstakes, barter, advertising and pyramid schemes without our prior written consent;
- Recording, disseminating, misusing the personal information of others,
- Violating intellectual and industrial rights of third parties, such as trademarks and patents,
- Include unfair trade practices and limit competition, and
- Violates national and/or local consumer protection laws.
Modification of the Contract
SimSem has the right to unilaterally change or amend the Agreement, provided that it is not against the User, in order to ensure the continuity of its brokerage services, to comply with future technical requirements or to comply with the legislation.
- Refund of Service Fee / Exercising the Right of Withdrawal
- Provided that the service has not been performed and the service has not been started, the Service Receiver has the right to withdraw from the contract without giving any justification and paying any penalty if they cannot agree with the Service Provider. The Service Fee refund will be made by the relevant Service Provider and cannot be requested from SimSem. The Service User must cancel the Service Request via the Website and inform SimSem of this situation.
- SimSem does not accept any responsibility for disputes that may arise between the Service Provider and the Service User regarding issues such as payment, service cancellation, discount or refund.
- Service Liability, No Warranty, and Independence of Relationship
- SimSem does not have any responsibility in the offer, offer, acceptance, contract and payment stages between the Service User and the Service Provider. SimSem does not guarantee that there will be harmony between the Service User and the Service Provider, or that it will find or have a Service Provider in the Service User’s region, capable of performing the Service User’s work at the desired time and place. Service Users should do the necessary research on the Service Provider themselves.
- All kinds of responsibilities regarding the services to be received from the Service Providers through the Website belong to the Service Providers. SimSem takes no responsibility.
- SimSem does not endorse or recommend the Service Provider or its services, does not guarantee the work performance or the result or quality of the services provided. SimSem can make a ranking, rating and categorization among the Service Providers through some algorithms within the system such as Member ratings and Member comments, and may highlight some Service Providers as they are highly appreciated, preferred/recommended or satisfied by the users. However, this situation does not mean an endorsement or guarantee given by SimSem.
- SimSem is not responsible for the relationship between the Service Provider and the Service User, and SimSem has no responsibility for the damages that the Service Provider may cause to the Service User or third parties during or at any time.
- SimSem reserves the right to impose sanctions on the Service Provider in different ways in case the Service Providers do not go to the agreed work or do not start the service at the specified date and time. These sanctions may include making changes to the Service Provider profile , deleting the profile, suspending it until the deficiency is corrected, preventing the Service Provider from re-registering to the Website, and claiming compensation.
- The accuracy of the information or statements specified in the Occupational Profile by the Service Provider is committed by the Service Provider, SimSem has no responsibility.
- All kinds of permits, approvals, control documents, licenses, etc., which are required to be obtained within the scope of the current legislation regarding the service. The responsibility for the document belongs to the Service Providers, and any administrative, legal and penal responsibility that may arise otherwise belongs to the Service Provider. Responsibility for damages suffered and/or to be incurred by SimSem and third parties due to this reason and liability for compensation of all kinds of damages belong to the Service Providers.
- SimSem does not represent or warrant that the information received by the Service User from national, local or other official authorities or third parties is correct, error-free or up-to-date, or that it is current and up-to-date at the time the Service User checks the said information.
- The parties themselves are directly responsible for all kinds of taxes, duties, fees, payments and similar obligations arising from the service contracts to be made between the Service Provider and the Service User. Due to the services and products listed on the Website operated by SimSem, SimSem is not in the status of a seller, provider, manufacturer, manufacturer, dealer, agency, advertiser or media organization within the scope of the Law on Consumer Protection and related legislation.
- SimSem is not responsible for any problems or damages that may arise between the Service User and the Service Provider(s) due to the sharing of personal data such as the name, address and phone number of the Service Users registered in its system with the Service Providers for the creation of an Offer or the provision of the relevant service. The Service User and the Service Provider have consented to the processing of their personal data for the marketing and performance of the services under this contract and to share them in accordance with the purposes in this contract. Pursuant to Articles 5(c) and 5(f) of the Law on the Protection of Personal Data No. 6698, the processing of personal data of Service Users and Service Providers and sharing them only between the contracting parties does not require express consent.
- Service User information is shared by SimSem with the Service Provider in order to provide the service or to create an Offer. With this information sharing, it is aimed to provide the service without any problems. In cases where the said information is not approved by the Service Provider, advertising, marketing, personal, etc. is not responsible for any problems or damages that may arise between the Service User and the Service Provider(s), using it for any situation or purpose, sharing it with third parties or transferring it.
- There is no (a) employment, (b) part-time employment, (c) consultancy, (d) contractor, (e) joint venture or (f) agency relationship between SimSem and the Service Provider.
GENERAL RIGHTS AND OBLIGATIONS REGARDING ALL USERS
- Users are completely responsible for the relations between each other.
- When communicating with each other or with SimSem employees, users may use racist, hate speech against any group or person, violate personal rights, humiliate, insult, harass or advocate harassment, praise illegal & terrorist activities, create unfair competition, threaten may not engage in offensive, obscene, defamatory, sexually harassing and defamatory behavior, and may not use content in this direction. Otherwise, it may require the termination of the User’s rights and the notification of the situation to the official authorities when necessary.
- SimSem will share all the information and documents in its possession with the relevant judicial authorities, upon request, if an investigation is opened or a trial is made for any criminal behavior before, during and after the service, regarding both the Service Provider and the Service User Users.
- Although Service Users or Service Providers do not receive or provide services for themselves or anyone else, they cannot write favorable or unfavorable comments, cannot write content about another’s work products, brand, trade name and services in a way that creates unfair competition.
- Obligations of the Service Provider
- Any administrative, legal and penal responsibility that may arise due to the Service Provider’s non-compliance with the terms of this Agreement and its performance obligations to the Service User belongs to the Service Provider.
- of SimSem regarding a Service Request created through the Website , in order to exclude SimSem, to agree a lower price or not to pay a Commission Fee.
- The Service Provider accepts that SimSem is not a party to the contract in any way and has no responsibility in its contract with the Service User.
- The Service Provider accepts that it has the authority to store the credit card information in the payment institution system with which SimSem has a contract or in the SimSem system with the “first 6 last 4 digits” and share it with the system operators, to the extent permitted under the legislation. SimSem is not responsible for any malfunctions that may occur in the contracted payment institution system.
- The earnings declarations that the Service Provider will notify to the tax office it is registered are under its own legal responsibility and liability.
- The Service Provider accepts that it will take all the necessary measures regarding occupational safety and occupational health during the performance of the job or for the performance of the job, that he and his personnel have received the necessary training in this regard and that SimSem does not have the responsibilities in this regard.
- If the Service User applies to the Consumer Arbitration Committees and/or Consumer Courts for any pecuniary or moral damages and/or defective goods/defective services and shows SimSem as the adversary instead of the Service Provider, SimSem shall be the first to do so, except in cases where SimSem is defective. In the event that a compensation or penalty is found in favor of the Service User or against SimSem in the decision of the Arbitration committee or the decision of the Consumer Court despite all his defense, the Service Provider shall pay this compensation / penalty together with its accessories (judicial and enforcement fees, delay interest and counterparty attorney fee) will be paid to SimSem in kind.
- SimSem’s Powers and Obligations
- SimSem can temporarily suspend or stop the operation of the system. Users do not pay any usage fee to SimSem regarding the use of the Website, and for this reason, they will not make any demands from SimSem for system suspension or suspension.
- SimSem or the payment institution it cooperates with may temporarily suspend or completely stop the possibility of online payment by credit card of the relevant Users due to Service User and Service Provider transactions that raise security concerns. For this reason, SimSem has no responsibility towards its Users or 3rd parties.
- SimSem can notify its Users of promotions , new services or projects or news via e-mail or push notification. If users do not want to receive such e-mails, they may stop receiving such notifications through the commercial communication channel that reaches them.
- In case of any dispute between users regarding the infringement of intellectual rights, SimSem is obliged to take action based on a final and enforceable court decision to be submitted to it. In other cases, SimSem will act at its sole discretion.
- Comments/evaluations from Users regarding the Service Provider are published in a way that all Users can see after the necessary approval, control and correction by SimSem. SimSem has the authority to correct, sort, or not publish such comments. SimSem reserves the right to temporarily or permanently change or terminate the Website (or part of it) at any time, with or without prior notice.
- In order to protect the integrity of the Website, SimSem may at any time, on its own initiative , prevent certain Users and Users from certain Internet Protocol addresses from accessing the Website.
- The Service Provider and the Service User are legally and criminally responsible for the content they have uploaded to the Web Site according to Article 4 of the Law No. 5651. The fact that the content is published by SimSem does not remove the responsibility of the Service Provider and Service User.
- SimSem reserves the right to make some or all of the services for a fee or free in the future. The pricing and commission policy of some services may vary from time to time depending on the number, intensity or quantity of services purchased or provided.
- SimSem may use SMS, e-mail or other technical means to verify Users’ e-mail address, mobile phone number and other information.
- If it is determined that the Members are in breach of this Agreement or to the extent required by the situation, SimSem may prohibit the Members from using the Website and accessing the Membership rights, suspend the Membership, temporarily stop the use without having to show any reason.
- Obligations of Service User
- Any administrative, legal and penal responsibility that may arise due to the Service User’s non-compliance with the terms of this Agreement belongs to the Service User.
- The Service User accepts that SimSem is not a party to the contract in any way and has no responsibility in its contract with the Service Provider.
- Service User accepts that, to the extent permitted under the legislation, SimSem has the authority to store the credit card information in the contracted payment institution system or in the SimSem system with the “first 6 last 4 digits” and share it with the system operators. SimSem is not responsible for any malfunctions that may occur in the contracted payment institution system.
- The Service User is responsible for all taxes incurred in relation to the service, excluding the taxes arising from SimSem’s income.