- On the one hand, the firm Acts İletişim ve Bilgi Teknolojileri A.Ş. (hereinafter referred to as the Firm), with its principal office located at “F.Sultan Mehmet Mh. Poligon Cd. Buyaka 2Sitesi 3.Bl. No:8 /C D:92 Ümraniye İstanbul”, supplying FORMASSIST (referred to as the application in short) to the market, and on the other hand, real or legal person (hereinafter referred to as the user or the member) which recently registered to the application FORMASSIST, are the parties to this agreement.
- FORMASSIST GENERAL MEMBERSHIP AGREEMENT THE PARTIES: 1- On the one hand, the firm Acts İletişim ve Bilgi Teknolojileri A.Ş. (hereinafter referred to as the Firm), with its principal office located at “F.Sultan Mehmet Mh. Poligon Cd. Buyaka 2Sitesi 3.Bl. No:8 /C D:92 Ümraniye İstanbul”, supplying FORMASSIST (referred to as the application in short) to the market, and on the other hand, real or legal person (hereinafter referred to as the user or the member) which recently registered to the application FORMASSIST, are the parties to this agreement. Particulars of the firm: Tel/Fax: +90 216 706 1122 E-mail: email@example.com (Mersis No:0-0050-5442-7800016). Our firm is a member of the Istanbul Chamber of Trade (İTO), information on the behavioral rules of ITO related to the profession can be found on the website www.ito.org.tr or through the contact number 444 0 486.
- The purpose of this Agreement is to set out the terms and conditions of the use by the user of the application which can be downloaded from the firm’s website http://www.formassist.net, AppleStore or other platforms determined by the firm in the future.
- The firm will supply to the user its diet and exercise plans, healthy life products or services as proposal, via the application and the Internet site, in compliance with the needs to the greatest possible extent.
- The current General Membership Agreement specify the terms under which the user can benefit from the services free of charge and for experimentation purposes. In case the user wants a paid service which is customized for itself, it will also sign the related agreement which constitutes a continuation of the current agreement. The firm can stop receiving services whenever it desires.
- The service provided is not a medical service and does not guarantee any result. The user is responsible for whether or not it follows the recommendations and its favorable/unfavorable consequences. The firm does not provide any guarantee to the user.
- Turkish laws will apply and Istanbul courts and execution offices will have jurisdiction over the settlement of any dispute arising from the application of this agreement.
- For this agreement to be valid with respect to the firm, the user must enter the membership information required, in full and correctly, via the mobile application. Upon the approval and/or authorization provided by the user, it will be deemed that the agreement has been concluded with the firm, via the mobile application. The user is considered as having provided all information correctly, during the setup of the agreement or the use of the application. In case any information provided by the user is erroneous, it declares and warrants beforehand that irrespective of whether it is related with a false declaration or not, it will not claim any compensation from the firm, for negative/positive/moral loss.
- If, following the completion of the membership process, the user detects a deficiency or error in the information it provided, it can request the correction of the error/deficiency by sending an e-mail to firstname.lastname@example.org, This request will be deemed as having been notified as of the seventh day following the receipt of the e-mail by the firm. In the calculation of the number of days, only working days will be taken into account.
- Following the completion of the membership process, this agreement (as form-text) will be communicated to the e-mail address indicated by the user during the membership process. This agreement shall also be in the form of http://formassist.net. The firm is not entitled to preserve the agreement “specific” (with information included related to the party) to the member. The user became a party to the agreement by learning and accepting that in case of dispute, there is no such special text and the copy of the agreement is as the one provided on the Website.
- he user can terminate this agreement, whenever it desires, without providing any justification and paying any penalty. The user can terminate its membership agreement via the Internet, whenever it desires. The firm has the right to suspend or stop the supply of the service, without providing any reason, to use its right of termination, for technical reasons or any reason whatsoever.
- he firm can transfer its rights and obligations arising from this agreement or the agreement in full, to real/legal third persons, without the approval of or notification to the user. The user declares and warrants in advance that it agrees with this right of transfer of the firm, to the greatest possible extent.
SCOPE AND LIMITS OF THE DIET AND EXERCISE CONSULTANCY SERVICE
- The user agrees, declares and warrants that nutrition recommendations provided via the Internet site or the application are not medical treatments and that the firm shall not be held liable for the user’s special health state. This term applies to all services, whether specific to the person or not.
- The user is aware that, in order to improve the quality of the service provided, its pulse can be measured with a smart watch, iwatch, mobile phone or similar technological instruments. Such measurements can be taken by the firm, via the application or the user’s devices can collect this data automatically. In such case, the firm has the right to obtain this data from the third persons collecting pulse data. The user is aware of this fact, in any case, remote pulse measurements are not be consistent, that there is a high margin of error, and that such data cannot be considered as accurate data. The firm has the right to submit to the user’s appreciation, by all kinds of means, the new devices for measuring pulse which it will supply to the market, regarding the measurement of pulse. The firm does not guarantee that the measurement of remote pulse by electronic devices are a hundred per cent accurate. Unless the firm makes a statement in writing, it will not be considered as having provided such a warranty, neither in the future.
- The user agrees, declares and warrants that it is aware that the content of the application or the website can be prejudicial to persons aged under 18 and/or mentally-handicapped. The user declares and warrants that it is aged over 18 and at the age of discernment.
- The firm is not responsible for services such as nutrition list, recommendation, diet list, exercise program etc. provided via the Internet site, the application or other means. All kinds of liability related to the user shall be directly incurred by the employee or real or legal persons undertaking the work. The user agrees, declares and warrants in advance that it will not claim any compensation from the firm for any negative/positive/moral loss.
- The user declares and warrants in advance that the service provided does not constitute a medical treatment in any way and must not be applied to a person having a special health condition and that the services and recommendations are for healthy persons.
- The user understands and agrees that the firm provides no guarantee for the correctness of links of third persons accessible via the application or the Internet site. The user declares and warrants that in case of hacking to the user’s account information or other assets, by this way or other means, the user will be considered responsible and will not claim for any compensation from the firm for negative/positive/moral loss.
PERSONAL DATA AND CONFIDENTIALITY
- The firm is subject to the following general principles of rules related to the confidentiality, protection, preservation, processing-use and destruction of the user’s information, and commercial electronic communication and other matters:
- The required measures for the safety of the information provided by users and the operations shall be taken within the Internet infrastructure by the firm or the related enterprise appointed by the firm, depending on the nature of the information and operation. For the application and Internet site use, all credit card transactions and approvals shall be effected by the related bank and similar card institutions online (user and the bank), independently from the firm (Information such as credit card "code" which are not seen by the firm, neither registered). The firm cannot be held liable in respect of their safety.
- Site/application membership, product/service purchase and information update, critical confidential information on credit cards and bank cards cannot be viewed by the other Internet users. The responsibility for the safety of bank and credit cards and the safety of user’s membership code operations or other accounts belong to the user.
- User information can be disclosed to the related institutions, within the framework of legal obligations.
- The full information provided by the user, whether personal or not (name-surname, gender, civil status, residence zone, field of interest, body size, nutritional habits, weight, shopping habits-preferences, invoice contents, mobile/home/office telephone numbers, device codes, identification (cookie) information, e-mail address, all kinds of card information excluding password, technical advertiser-identity information and location data etc. non-exhaustively) can be obtained by the firm and its business partners, successor and/or third persons/institutions which they will determine (including social media-online advertisement firms), for the promotion of all kinds of products-services, advertisement, communication, sale, marketing, credit card and membership information, application and transactions purposes and other reasons, by means of automatic/non-automatic methods, it can be acquired, recorded in written/magnetic archives, locally and abroad, within the legal maximum period and the period required according to the nature of the information, it can be stored, preserved, made available, used, updated, modified, rearranged, classified, shared, transferred locally and abroad, eradicated and reproduced in copies in accordance with with other laws.
- In case of use of the application and the related function is open on the device, all kinds of personal-non personal information (including location information, examined products and information on the products-value of the acquisition) can be acquired via bluetooth, beacon and general-private wireless network connections, by way of appropriate technical methods, used by the said firms and institutions for the above-mentioned commercial purposes. The firm can share user information and comments on social media platforms and the Internet, provided that they do not violate clearly personal rights. The right of the firm in case of no clear offense is reserved. In case the user believes to have clearly been subject to a violation, it must apply in writing to the firm and the firm cannot be held liable in any case.
- The user can apply to the firm whenever it desires, to request it not to use this information and delete it. Applications and requests on these matters will be made within the legal maximum timeframe or will be refused by providing a legal justification. The firm will not refrain from performing personal data operations it is entitled to under the laws.
- The firm can communicate to the user by means of SMS, e-mail, phone call, bluetooth, beacon or other electronic means of communication not restricted to the aforementioned, send information, advertisement, serve as intermediary for advertisement.
- The user can remove cookies from its computer and mobile device operating system and/or Internet browser, whenever it desires and/or stop notifications.
KNOWLEDGE OF THE SCOPE OF THE AGREEMENT BY THE USER
- The user who becomes a party to the agreement by reading and approving the agreement via the application irrevocably agrees, declares and warrants that:
- It has read, understood all information provided in this agreement, will fulfill its obligations in a timely and complete manner and will assume its related rights and responsibilities, specified in the agreement’s section on PERSONAL DATA AND CONFIDENTIALITY, particularly in respect of its personal data, and concluded the present agreement,
- It read each of the conditions specified in the agreement’s section on PERSONAL DATA AND CONFIDENTIALITY, particularly in respect of commercial electronic messages, and concluded the present agreement,
- The service supplied shall not consist a medical assistance, physician or nurse service, a medical service, the exercise and diet lists provided (whether prepared specifically for the person or not) have been provided with the total acceptance that the user is healthy, and in the nature of recommendation, within the framework of the information provided by the healthy individual,
- The user will not hold the firm liable, for any reason whatsoever, and in case of liability, it will be incurred by the underwriter or its employee, and all kinds of compensation right, together with material or positive loss, are included within the scope of this liability to the greatest extent, the points specified in the section on PERSONAL DATA AND CONFIDENTIALITY,
- The firm shall not be held liable for any and all kinds of wrongful acts of members towards one another or third persons, violation of copyrights, acts and operations resulting in unfair competition, and other violations, the person carrying out this act shall be held solely liable, the firm’s right of recourse against the user due to this violation is reserved,
- Excluding the related agreements executed on this subject by the firm with third persons, all intellectual-industrial rights and all kinds of property right belong to the firm, the firm’s right to modify and suspend the service is reserved,
- The user’s intervention in software codes and performance of reverse engineering operations are prohibited, the user is prohibited from copying and making reference without authorization, carrying out any activity which slows down or makes the system unusable, the user must compensate the negative/positive/moral loss arising from these acts,
- Users are solely liable to the greatest extent possible for decisions taken and operations performed within the framework of information/advertisement etc. acquired directly or indirectly via the firm,
- For services supplied specifically to a person and which are outside the ambit of this agreement, a remote sales agreement in addition to this agreement shall be executed.
- Payment will be charged to iTunes Account at confirmation of purchase.
- Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
- Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal.
- Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase.
- I read each of the principles and rules specified above, agree with them, and accept the provisions regarding confidentiality and the principles of use of my personal data and all the articles included in the agreement, I authorize the communication of commercial electronic messages, and I wish to be a member of the FORMASSIST application under the said terms.