1. Approval of Contract
By filling in the user registration form, you can subscribe to the SoliClub system through the SoliClub mobile application or through the websites including the websites associated with the SoliClub service. Each SoliClub user agrees and undertakes to comply with the provisions of this User Agreement (“Agreement”) entered into with UTARIT BILISIM HIZMETLERI SANAYI VE TICARET AS (“Utarit”).
2. Services
SoliClub offers its users the opportunity to spend at the applications that can be developed on the Internet, mobile phones or similar platforms, and at the contracted merchants, and to pass through turnstiles as well as other relevant services.
3. SoliClub User System
Each SoliClub user shall designate and have a “username” or e-mail address, and a “password”.
“Username” is unique to each member, as for e-mail addresses, and a username is not given to more than one member.
“Password” is only known by the relevant user. If the user password is forgotten, SoliClub will send a link to create a new password to the user's e-mail address registered in the SoliClub system upon request. The user is solely responsible for designation and protection of the password, and Utarit shall not be responsible for any problem, loss or damage that may arise from the use of the password.
SoliClub can reach its users through any communication channel that users share with the SoliClub system, including social media channels, and share various promotions, campaigns and similar information.
Utarit Bilisim Hizmetleri AS has all intellectual rights on the data to be created with use of the system. Utarit may issue reports containing demographic information without disclosing aforementioned information or user membership information, or use such information or reports itself and may share such reports and/or statistics with business partners and third parties for a fee or free of charge. These transactions constitute no contradiction with the provisions of the Privacy Policy of Utarit.
4. User's Obligations
The User declares, undertakes, agrees that, when the User uses the Utarit services, the information contained in the user registration form is accurate and only one e-mail can be defined for each created User name, and the defined e-mail address cannot be changed, and a new e-mail address can only be defined if a new user is created on the SoliClub mobile application; and the user will be responsible for the damages to the user or third parties arising from the incorrect or incomplete information (such as password forgetting) when this information is necessary,
that the User is personally responsible for all kinds of transactions to be carried out with the user's “username” or registered e-mail address;
that the copyright of the services and software provided by Utarit shall belong to Utarit Bilisim Hizmetleri Anonim Şirketi and the User shall not reproduce or distribute such software in any way;
that the User shall not access the services offered by SoliClub in any matter other than provided for by Utarit and/or in an unauthorized way, and shall not modify the software in any way or use the ones that are certain to be modified, and shall cover all pecuniary and non-pecuniary damages that Utarit may incur in cases where the User does not comply with the aforementioned rules;
that, in accordance with the Regulation on Procedure and Principles Regarding the Sales and Presentations of Tobacco Products and Alcoholic Beverages and the relevant legislation, tobacco products and alcoholic beverages are never sold through SoliClub, and the User shall not provide tobacco products and alcoholic beverages through SoliClub, otherwise, the User's membership may be canceled and this Agreement may be terminated;
that Utarit shall not be held responsible for any damages that may occur if the user data is read or used by unauthorized persons;
that Utarit shall not be liable for any damages that may occur due to the unauthorized use, sharing or publication of user's posts by third parties;
that the User shall not use a username, photo or nickname, which is threatening, immoral or racist, or contrary to the laws of the Republic of Turkey or international agreements, or contains political messages, or violates any intellectual or industrial property right of a third party;
that usernames, photos, correspondence, titles and nicknames to be added to the media shall comply with the general code of ethics, common decency and rules of law; and shall contain no political message; and all financial rights listed in the Law No. 5846 on Intellectual and Artistic Works dated 05.12.1951, including all publication, processing and reproduction, dissemination, representation, communication to the public through means of signal, sound and/or image transmission, have been transferred to Utarit;
that the User shall not misuse the SoliClub system or the systems and applications developed in connection with it, and shall not act in a way that violates or harms the rights of other users using this system, and the User shall be solely responsible for all damages that Utarit or the relevant user will suffer as a result of such misuse, and if such use is detected, Utarit shall have the right to close or limit the user's account or username, profile photo and similar parts of its account in the relevant service or terminate the User's SoliClub membership;
that Utarit may monitor the entire system at any time or on an ongoing basis;
that Utarit has the right to make the necessary interventions and exclude the user from the service and terminate the User's membership if the User acts contrary to the rules,
that Utarit may use its own system for commercial purposes;
that the User shall not transmit information that is prohibited by law to be transmitted and shall not share data that is not authorized to be sent, such as chain mail, virus, etc.;
that the User shall not record, disseminate or misuse personal information of others;
that cookies are used in the SoliClub system, and the cookies are pieces of information that a website transfers to the cookie file on the user's computer, and these cookies allow users to navigate to SoliClub and help to prepare contents according to the needs of accessing users when necessary.
5. Powers Granted to Utarit
Utarit may temporarily suspend or completely stop the operation of the system at any time. Utarit may temporarily suspend or completely suspend the ability of the relevant users to make payments through the Online Payment Method due to user transactions that cause suspicion of security. Utarit shall not be liable towards its users or third parties for the temporary suspension or complete cessation of the use of the System or Online Payment Method.
The username or email, and password shall be displayed and approved after filling in the application fields submitted by Utarit. SoliClub shall be entitled to prevent indefinitely from having a new password or using passwords of members who have completely filled in the user registration form or users who log in to the SoliClub system. SoliClub shall take due care to ensure that its services are provided in a timely, safe and error-free manner, and the results obtained from the use of the service are accurate and reliable, and its quality of the service meets the expectations, but does not undertake any of these. Utarit is entitled to back up and delete some or all of the files and messages that the users will keep in the media during their use of the system at intervals it deems appropriate. Utarit shall not be held liable for backup and deletion operations. Utarit has the title to the information, documents, software, designs, graphics, etc. and/or purchased by Utarit from outside, as well as copyrights originating from this ownership.
SoliClub may change services that do not require user membership to a membership-requiring state, open additional services, modify some of its services in part or in full, or convert them into paid services. In this case, the user reserves the right to terminate the Agreement and unsubscribe. Utarit is entitled to make changes in implementation of this Agreement, amend its current articles or add new articles for the purpose of complying with the technical necessities and legislation that may arise in the future, provided that it will not be against the users.
6. Intended Use
Using the SoliClub system, Users will be able to make payments in contracted institutions, pass through turnstiles, spend via all pos devices with Visa/Mastercard infrastructure, and benefit from the services by paying and loading through the mobile application.
7. Disbursement
Users will be able to pay online instantly via debit cards, credit cards or similar payment systems using the Online Payment Method. In payments made using the Online Payment Method option, if a card is used unlawfully by someone other than the holder, action shall be taken in accordance with the provisions of the Law no 5464 on Bank Cards and Credit Cards dated 23.02.2006 and the Regulation on Bank Cards and Credit Cards published in the Official Gazette dated 10.03.2007 and no 26458.
8. Personal Data
The User agrees and declares that he/she expressly consents to the processing of his/her personal data such as name, surname, e-mail address and phone number (“Personal Data”) shared with the data controller Utarit during his/her actions on the Website after approval of the User Agreement and subscription within the framework of the principles set out in the Law on the Protection of Personal Data. The processing and transfer of Personal Data to third parties and abroad is based on the legal relationship established between the User and Utarit. Personal Data may be processed by Utarit within the scope of this contractual relationship and for purposes such as marketing, analysis and statistics by Utarit's business partners with whom Utarit has a contractual relationship, and may be transferred to third parties and abroad or used by anonymizing.
9. Retention of Information, and Burden of Proof:
User information, orders, comments/reviews, etc. registered in the utility system shall be retained for a minimum of three (3) years subject to the Privacy Policy of Utarit. In any dispute arising from the performance of this Agreement, the data and user records stored in the Utarit system shall constitute binding and conclusive evidence. This Contract hereby shall be governed by the laws of the Republic of Turkey. Ankara Central Courts and Enforcement Offices have jurisdiction over any dispute that may arise from the performance of the contract.
10. Enforcement
This Agreement shall enter into force between the parties for an indefinite period of time once the user fills in the user registration form.