DISTANCE SALE AND SUBSCRIPTION CONTRACT

Drawn Up On: [EFFECTIVE DATE OF THE SERVICE]

 

1. PARTIES

1.1. THE PROVIDER: TRT / Turkish Radio Television Corporation

Address      : TRT Genel Müdürlüğü Turan Güneş Bulvarı TRT Sitesi 06550 Oran ANKARA

Email         : destek@tabii.com / support@tabii.com

KEP Adress: trtgenelmudurlugu@hs01.kep.tr

Central Registration System Nr.         : 0879003286700011

Website: www.tabii.com

1.2. THE BUYER: ………….. (hereinafter shall be referred to as "the BUYER")

Address      :

Email         :  

2. DEFINITIONS

In this Contract, the following terms shall have the meanings ascribed to them below:

2.1. Website/tabii: shall mean the PROVIDER's domain name "https://www.tabii.com/", the websites with subdomain names connected to this domain name, and the IOS and Android mobile applications of "tabii", whereby a digital subscription can be purchased at a sales price set by the PROVIDER for the service offered for sale.

2.2. THE PROVIDER: shall mean the legal entity that offers the services provided through telecommunication means in return for a subscription fee (digital service is offered in mobile media through IOS and Android applications and the PROVIDER's website.). Turkish Radio Television Corporation and its affiliates, who act as the Provider hereunder, shall, hereinafter, be referred to as "TRT".

2.3. THE BUYER: Shall mean the natural persons that accept the the terms and conditions hereof and other rules and restrictions set forth on the Website, that make use of the services offered on the PROVIDER's Website by paying a monthly or annual subscription fee, and that purchase the digital subscription services offered by the PROVIDER in line with the statutory regulations and via any telecommunication means and techniques (the PROVIDER's Website, IOS and Android applications of mobile media) that are deemed advisable by the PROVIDER.

2.4. The Digital Content: shall mean the local-foreign TV shows, movies, cartoons, documentaries, sports competitions, live TV feeds, news, sports, music and entertainment programs including, without limitation, other digital contents offered by the PROVIDER via tabii in return for the payment of a certain fee and the feature to watch the relevant contents, which are determined by TRT, offline by downloading the same within the application may be included therein. In the cases where the BUYER does not pay any fee, the digital contents, which will be determined by the PROVIDER, being always subject to change by TRT without making any prior notice, shall be accessible with limitation in terms of certain features and in line with the other conditions to be set by the PROVIDER such as showing ads. All rights of the digital contents shall be reserved by TRT and tabii and/or all of the contents accessible via tabii shall be made available only for non-commercial personal use and may not be shared with any third party. The BUYERS shall not be entitled to reproduce, publicly transmit, process, or broadcast or exhibit such contents in part or as a whole in any other platform without obtaining TRT's consent in writing. Otherwise, the PROVIDER hereby reserves their right to seek legal remedies under statutory regulations including, without limitation, Law 5846 on Literary and Artistic Works and Turkish Penal Code 5237.

2.5. Monthly Subscription: shall mean an indefinite-term subscription option that is offered by the PROVIDER on a monthly basis in return for a certain fee. The subscription fee shall be collected periodically by billing periods unless and until the BUYER cancels their package. The SELLER hereby reserves their right to change the monthly subscription fees by serving a prior notice on the BUYER regarding such a change.

2.6 Annual Subscription: shall mean a subscription option that is offered by the PROVIDER on a yearly basis in return for a certain fee. The total amount is collected in advance as a lump sum. The subscription purchased will automatically renew in subsequent years unless and until cancelled by the BUYER. The SELLER hereby reserves its right to change subscription fees in case of subscription renewals as mentioned in this paragraph.

 

3. SUBJECT AND TERM OF THE CONTRACT

3.1. Pursuant to the Law 6502 on the Protection of Consumers released in the Official Gazette dated 28.11.2013 and numbered 28835, Regulation on Distance Contracts released in the Official Gazette dated 27.11.2014 and numbered 29188, and Regulation on Subscription Contracts released in the Official Gazette dated 24.01.2015 and numbered 29246, this Contract covers the digital subscription sales made via internet and governs the parties' rights and obligations in connection with the orders to be placed by the BUYER via the Website for the service that offered by the PROVIDER and detailed in article 4 hereof, the BUYER's purchase of such a service by assuming the payment of a service fee hereunder together with the other obligations arising from tax, etc. laws, and the provision of - making accessible the Services to the BUYER.

3.2. This Contract shall be deemed to have entered into force as at the "Drawn Up On" date upon the BUYER separately checks the boxes of "I have read and accept the Preliminary Information Form" underneath the Preliminary Information Form and "I have read and accept the Distance Sales and Subscription Contract" underneath the Contract and entry of such declarations of acceptance to the PROVIDER's records. Where, in the case of MONTHLY SUBSCRIPTIONS, either party or both parties does not/do not terminate the subscription, the subscription fee shall be collected from you periodically for each subsequent month by billing periods. Where the ANNUAL SUBSCRIPTION is not cancelled, the subscription fee shall be collected from you periodically for each subsequent year by billing periods.

3.3. The BUYER hereby agrees, represents, and undertakes the they have been explicitly, intelligibly, and clearly informed in line with the requirements of electronic medium regarding the PROVIDER's name, trade name, address, telephone number, email address, KEP (registered email) address, and other contact details, the contract-subject service's basic features and contents, the taxes and other statutory obligations, the sales price, payment method, competent authority for complaints, etc. matters and that they have ordered the service after confirming this preliminary information.

3.4. All explanations, membership contract, terms of use, privacy policy, general disclosure, distance sale and subscription contract, cookie preferences, and the bill to be made out following the placement of a service order by the BUYER shall constitute the integral parts of this Contract.

3.5. The BUYER shall read and confirm / sign this Contract online. The BUYER shall be directed to a payment page whose infrastructure is provided by a payment institution determined by the PROVIDER by clicking the "complete the order" button. After the successful completion of the payment transaction to be made by the BUYER on the payment page, a confirmation message that the purchase process has been done shall appear on the screen. No payment transaction can be made unless and until this Contract is confirmed.

 

4. SERVICE FEES AND SERVICE PURCHASED:

4.1. Services fees may vary depending on the BUYER's preferences.

4.1.1 Monthly Basic: The fee of the Monthly Basic (subject to ads) subscription purchased is given in the relevant line of the below table including taxes. The subscription purchased shall be automatically renewed every month unless and until canceled by the BUYER and the fee thereof shall be collected from you by periodic bill payment terms. As part of the monthly Basic (subject to ads) subscription, you may watch original "tabii" contents, children's contents, movies, documentaries, reruns of series, and all other contents included in the platform and made available in the relevant region together with subtitle and dubbing options for 1 month with ad support. The ads' frequency and duration shall be at the SUPPLIER's absolute discretion.

4.1.2. Monthly Premium: The fee of the Monthly Premium (without ad) subscription purchased is given in the relevant line of the below table including taxes. The subscription purchased shall be automatically renewed every month unless and until canceled by the BUYER and the fee thereof shall be collected from you by periodic bill payment terms. As part of the Monthly Premium (without ad) subscription, you may uninterruptedly watch original "tabii" contents, children's contents, movies, documentaries, reruns of series, and all other contents included in the platform and made available in the relevant region together with subtitle and dubbing options for 1 month without any ad.

4.1.3. Annual Basic: The fee of the Annual Basic (subject to ads) subscription purchased is given in the relevant line of the below table including taxes. The total amount is collected in advance as a lump sum. The subscription purchased will automatically renew in subsequent years unless and until cancelled by the BUYER. As part of the Annual Basic (subject to ads) subscription, you may watch original "tabii" contents, children's contents, movies, documentaries, reruns of series, and all other contents included in the platform and made available in the relevant region together with subtitle and dubbing options for 1 year with ad support. The ads' frequency and duration shall be at the SUPPLIER's absolute discretion.

4.1.4. Annual Premium: The fee of the Annual Premium (without ad) subscription purchased is given in the relevant line of the below table including taxes. The total amount is collected in advance as a lump sum. The subscription purchased will automatically renew in subsequent years unless and until cancelled by the BUYER. As part of the Annual Premium (without ad) subscription, you may uninterruptedly watch original "tabii" contents, children's contents, movies, documentaries, reruns of series, and all other contents included in the platform and made available in the relevant region together with subtitle and dubbing options for 1 year without any ad. 

The packages that are available in your region and their fees payable in the designated periods are as follows:

[PACKAGE#1][PERIOD][PRICE][CURRENCY]
[PACKAGE#2][PERIOD][PRICE][CURRENCY]
[PACKAGE#3][PERIOD][PRICE][CURRENCY]
[PACKAGE#4][PERIOD][PRICE][CURRENCY]

4.2. The PROVIDER shall be entitled to change the fees enumerated in this article with effect from the BUYER's next billing period. The BUYER shall be deemed to have agreed to all of the changes relating to the fee unless they terminate the Contract until the effective date of such changes.

4.3. The details, sales price, and payment schedule of the Services ordered by the BUYER are as follows:

Subscription Type:

[PACKAGE PREFERRED BY THE SUBSCRIBER] [PERIOD]

Effective Date of the Service:

[EFFECTIVE DATE OF THE SERVICE]

Bill Payment Period:

Periodically the same day of each month/year following the effective date of the service (the preceding day where the following month/year does not have the same day).

Price / Subscription Fee Including Taxes:

[PRICE OF THE PACKAGE PREFERRED BY THE SUBSCRIBER INCLUDING TAXES]

Discount Amount:

Your vouchers or other discounts shall be deducted from the monthly or annual subscription fee as long as they remain valid.

 If you choose the free trial option, your subscription fee will be charged after your the trial period ends, unless the subscription is cancelled during the trial period.

5. SUBSCRIPTION FEE AND PAYMENT (COLLECTION) DETAILS

5.1. The BUYER must have entirely paid the fee that is referred to in article 4 as the fee of digital subscription of their choice, inclusive of all taxes, before the Service is rendered / the Service is accessed.  The entire fee shall be paid at the subscription renewal periods.  The BUYER can make the payment by any method of their choice among the ones (through the paying agency on tabii website, by mobile payment method, by the methods given on application stores (App Store, Google Play Store, etc.), and by any other method to be devised subsequently) offered by the PROVIDER. Where the BUYER fails to pay the digital subscription fee, they shall not be entitled to make use of the contents and services included in the paid package. The BUYER's billing period shall differ depending on the membership date and the fee of the digital subscription package of the BUYER's choice must be paid in each billing period unless either party terminates the Contract.

5.2. Where the Bank / financial institution, which has issued the credit card used in the process, does not pay the PROVIDER the service fee, reclaims the fee paid, validity date of the payment method expires, has insufficient funds, or fails to process the payment for any other reason at any time subsequent to the Service fulfillment / access to the Service or by the next payment date for any reason whatsoever, this nonpayment event shall be notified to the BUTER in writing and in such a case, the BUYER shall, within no later than 7 (seven) days following the notification date, transfer the service fee again; otherwise, the BUYER's access shall be terminated. Instead of terminating the service/access, the PROVIDER shall be entitled to institute execution proceedings for the service fee receivable and claim the unpaid fee and its delay interest and all other accessories as set forth in article 51 of Law 6183 on the Procedure for the Collection of Public Receivables, besides being entitled to exercise other litigation and statutory application rights and terminating the access.

5.3. Where the BUYER pays the monthly of annual subscription fee via a credit card, installment card, etc. issued by the banks (including financial institutions), all of the facilities extended via such cards shall constitute the credit and/or payment by installment facilities directly offered by the card issuer organization; wherefore, any sales made and collected by the PROVIDER as a whole or partially within this context shall not constitute sales on-credit or by installment as between the parties hereto. In such a case, the BUYER shall separately confirm the relevant interest rates and default interest details with their bank and the provisions on interest and default interest shall be applicable under the credit card contract made by and between the BUYER and their bank according to the statutory provisions in force.


6. THE BUYER’S OBLIGATIONS

6.1. The BUYER must make available and use the required technological hardware and software in order to make use of the service purchased in the best possible way. In this context, the PROVIDER shall not be held liable for any hardware or software deficiencies and/or failures that are attributable to the BUYER.

6.2. The BUYER hereby agrees, represents, and undertakes that they shall abide by the entire statutory regulations in force including, without limitation, Law 5846 on Literary and Artistic Works ("FSEK") and Turkish Penal Code 5237 when accessing digital contents offered by the PROVIDER via tabii Website, IOS/Android applications and/or their platform and comply with the obligations and restrictions enumerated herein, the statutory regulations, and terms of use posted on the Website regarding the purchase of this digital service. The BUYER may not use any literary or artistic works that is protected under the relevant regulations and any information, documents, and certificates of any nature without obtaining TRT's explicit consent in writing. The Digital Contents and any and all types of information, documents, and other materials contained by tabii may only be used at TRT's consent in writing and under the terms and conditions to be set forth by TRT. In this context, the BUYER hereby agrees, represents, and undertakes that they shall not reproduce, amend, distribute, share on other platforms and places, publicly transmit, exhibit, publish or mediate the publication, process, and reuse after processing, sell or let any contents and information to be obtained via the digital subscription service to be offered by TRT, nor shall they create any similar products and/or contents or mediate such ats - except for the means and to the extent permitted by TRT in writing. Besides, the BUYER hereby represents, agrees, and undertakes that they shall not disable, change, or damage any legal, technical, and administrative protections created by TRT. Recourse shall be sought against the BUYER for any legal claims / objections / complaints to be lodged by any third party / parties against TRT in consequence of the said acts.

6.3. Where the BUYER violates their other statutory or Contractual obligations, TRT shall be entitled to terminate thew membership without the need to serve any notice or to give any information. Besides the reservation of TRT's any and all rights to litigate and claim for surplus, TRT shall not have any liability for the losses and damages to be incurred by third parties due to the BUYER's acts and omissions and TRY hereby reserves its right to seek recourse against the BUYER for any legal claims / objections / complaints of third parties.

6.4. The BUYER must have turned the age of 18 (eighteen) years as a minimum in order to purchase a digital subscription from tabii. The BUYER hereby agrees, represents, and undertakes that all of the information provided by the BUYER when becoming a member of the system, purchasing a subscription and using the system shall be correct and that the BUYER may incur legal liabilities otherwise.

6.5. The digital subscription service purchased by the BUYER from tabii shall be available only to the BUYER and may not be transferred to 3rd parties. The username and password required for accessing the system shall be proprietary and the BUYER shall be responsible for the confidentiality thereof. The BUYER hereby agrees, represents, and undertakes to forthwith contact and inform TRT when they become aware that any 3rd party accesses their account.

6.6. The BUYER hereby agrees, represents, and undertakes that the PROVIDER shall be entitled to suspend and/or terminate the BUYER's account at any time without the need to serve any notice and/or to give information where the BUYER fails to pay the subscription service fee.

6.7. The BUYER may not claim the refund of fee or the payment of any difference of fee from the PROVIDER on the grounds that the digital subscription service purchased is subject to a discount following their purchase.

6.8. The picture quality of tabii services may vary depending on the device, the BUYER's location, internet connection speed, bandwidth, internet infrastructure, and similar factors. The minimum recommended internet speed to benefit from the service offered by the PROVIDER is 25.0 Mbps. The time period that has to lapse in order for the BUYER to start watching the contents shall vary depending on the BUYER's location, current bandwidth, the content selected, and configuration of your device that supports tabii, and various factors. The BUYER shall not be entitled to make any claim against TRT on the grounds that they cannot benefit from the service offered by tabii in maximum due to the technical impossibilities.

6.9. tabii shall be accessible only in the country where the BUYER creates their account and only in the geographical regions where we offer our service or grant a license for the relevant content. The services offered may vary depending on the geographical region and shall also be subject to changes from time to time. The BUYER shall not be entitled to make any claim against the PROVIDER due to a failure to access certain contents in certain regions.

6.10. The BUYER shall separately cover their own usage fees for mobile, wired or wireless internet to access tabii and Digital Contents and such fees do fall within the scope hereof.

 

7. OBLIGATIONS OF THE PROVIDER:

7.1. The PROVIDER shall not be responsible for any price errors that are attributable to system failures. Wherefore, the PROVIDER shall not be responsible for any promotion and price errors that are attributable to the Website's system, design, or any illegal interference in the Website. The BUYER shall not be entitled to seek any damages, rights, and/or claims against the PROVIDER on the grounds of a system failure

7.2. In case of the failures including, without limitation, natural disasters, fires, floods, riots, strikes, and infrastructure and internet outages, regarding such systems that constitute the direct and indirect technical infrastructure of the service, bad weather conditions, war, terrorist actions, embargos, the order or administrative and judicial bodies for broadcast ban, denial of access, suspension of access, and restriction that are beyond the PROVIDER's reasonable control and that constitute force majeure events, the PROVIDER shall not be held liable for any delayed and/or defective performance or nonperformance of any of its obligations set forth hereunder. This and similar cases shall not be considered as a delay, deficient performance or nonperformance or default for the PROVIDER, nor shall the BUYER be entitled to claim compensation for such cases against the PROVIDER under any name whatsoever.

7.3. As the PROVIDER does not make any commitment regarding the contents offered, the PROVIDER hereby reserves the right to modify the Digital Contents. Such modifications may not be considered as the defective and/or deficient performance of the Contract.

7.4. The PROVIDER shall not be held liable for any losses and damages to be incurred due to visiting by the BUYER or 3rd parties of any links that are inserted in the PROVIDER's Website for advertising purposes or for referral to any other websites. The PROVIDER does not make any commitment as to the reliability of such websites' contents, not shall the PROVIDER be liable for any negative consequences to be encountered by members, subscribers, and third parties as a result of visiting those websites.

7.5. Messages may be sent to the BUYER via email, SMS, etc... electronic communication means unless the BUYER notifies the PROVIDER otherwise and provided that an electronic communication consent is obtained.

7.6. Where access to the Website is denied and/or suspended for any reason whatsoever, this Contract shall be deemed to be suspended for the duration of such suspension. The BUYER shall not be entitled to claim compensation for the sales transactions suspended during this period.

7.7. The PROVIDER shall be entitled to change its business line, commercial partnership and the domain name of the Website and to carry out the same activity under another domain name. In the event that the PROVIDER carries out these activities on a different website, the BUYER hereby agrees, represents and undertakes that all articles contained in this Contract may also be applicable to the new website.

 

8. IMPORTANT NOTIFICATIONS TO BE SERVED ON THE BUYER:

8.1. The BUYER hereby agrees and acknowledges that they have seen, read and understood all general-specific explanations on the relevant pages and sections of the Website before the drawing up of this Contract by the BUYER through the Website, placement of order and payment stages, the provisions contained in this Contract, and the explanations given below:

8.1.1. the name, contact details and up-to-date introductory information of the PROVIDER are available on the Website;

8.1.2. the confidentiality, data use-processing and electronic communication rules applicable to the BUYER's information as implemented by the PROVIDER and the consents given by the BUYER to the PROVIDER in this regard, the BUYER's legal rights, the PROVIDER's rights and the procedures for the exercise of the parties' rights are available at https://www.tabii.com/ address;

8.1.3 the payment method acceptable by the PROVIDER for the Contractual Service(s) and the basic features-characteristics of the Services, the total price including taxes (the total price payable by the BUYER to the PROVIDER, including the related costs);

8.1.4 other payment/collection and delivery details related to the Services and information regarding the performance of the Contract, the commitments and liabilities of the parties in such matters;

8.1.5 the Services for which the BUYER does have the right of withdrawal;

8.1.6 This Contract, together with all other sales conditions included herein, may, by their nature, be stored and make accessible to the BUYER for a period of time as requested by the BUYER since it is sent to the BUYER via electronic mail after having being confirmed and drawn up on the Website by the BUYER, and the PROVIDER may store it for a period of three years;

8.1.7. In case of disputes, the BUYER shall be entitled to file applications of complaint with District / Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of the Law 6502 on the Protection of Consumers together with the contact information where the BUYER can submit complaints to the PROVIDER;

8.1.8. In case the BUYER is under the age of 18, the confirmation of the Contract must be made by their parent or guardian on behalf of the BUYER, and the sales made through the Website shall be deemed to have been made in this way. The PROVIDER shall not have any obligation to investigate whether the confirmation of the Contract has been made by the parent or guardian, and shall not have any liability for contracts confirmed by unauthorized persons;

8.1.9. even in the cases the BUYER cannot access the Service, etc. following the completion of the purchasing process, the performance shall be deemed to have taken place and a refund may not be requested on the basis such reasons; and

8.1.10. The BUYER shall be able to access tabii Platform, website, IOS and Android applications with the username and password that they use for logging in the Website. The BUYER shall be responsible for the protection and confidentiality of this user name and password, and the BUYER may not transfer the user name and password to third parties and/or allow its use by third parties. Where the BUYER breaches this obligation, the PROVIDER shall be entitled to restrict the BUYER's access to system and to claim and collect all damages, including the loss of income incurred by the PROVIDER.

 

9. THE BUYER'S RIGHTS AND TERMINATION OR CANCELLATION OF THE CONTRACT

9.1. In case the service regarding the Digital Contents offered by the PROVIDER is defective, the BUYER shall be entitled to exercise one of the rights arising from article 15 of the Law 6502 on the Protection of Consumers against the PROVIDER; i.e., the re-performance of the service, free repair of the work resulting from the service, reduction in the fee in proportion to the defect or withdrawal from the Contract. The BUYER hereby reserves the right to claim compensation in accordance with the general provisions of the Turkish Code of Obligations 6098 together with these rights. The BUYER may not exercise these rights in the event that free repair or re-performance of the service will impose disproportionate difficulties on the PROVIDER. In determining the disproportionality, issues such as the value of the service without defect, the defect's significance and whether exercising other rights of option would pose a problem for the consumer shall be considered.  Where the BUYER chooses the right to withdraw from the contract or to reduce the price at the rate of defect, all of the fee paid or the amount deducted from the fee shall be returned to the BUYER forthwith. Where free repair or re-performance of the service is chosen, then the PROVIDER shall fulfill this request within a reasonable period of time and in a manner that does not cause any serious problem for the BUYER, considering the nature of the service and the purpose of the BUYER to benefit from this service. This period shall in any case not exceed thirty business days after the request has been addressed to the PROVIDER. Otherwise, the BUYER shall be free to exercise their other rights of choice. Unless a longer period is stipulated by law or in the Contract between the parties, liability for defective service shall be subject to a limitation period of two years from the date of performance of the service, even if the defect arose later. Where a defect is hid by means of gross negligence or fraud, the period of limitation provisions shall not apply.

9.2. Article 15 of the Regulation on Distance Contracts sets out the following as the relevant cases where a consumer may not exercise their right of withdrawal regarding the service that relates to this Contract:

a) Contracts relating to the instantly fulfilled services or intangible goods instantly delivered to the consumer electronically.

b) Prior to the expiration of the right of withdrawal period, the contracts relating to the services, the fulfillment of which starts upon the consumer's approval.

9.3. Article 15 "Exceptions of the Right of Withdrawal" of the Regulation on Distance Contracts set forth the "ğ) Contracts relating to the instantly fulfilled services or intangible goods instantly delivered to the BUYER electronically" and "h) Prior to the expiration of the right of withdrawal period, the contracts relating to the services, the fulfillment of which starts upon the consumer's approval" and the service offered under this Contract constitutes a service that is instantly fulfilled electronically and the fulfillment thereof shall be deemed to have occurred at the moment of acquiring the right to access online the digital contents offered by the PROVIDER subsequent to the confirmation of distance sales contract of purchasing transactions and the BUYER shall not have a right of withdrawal from that moment on. 

9.4. Unless this Distance Sales and Subscription Contract is terminated, the monthly annual digital subscription fee with/without ads set by TRT shall be collected on a monthly yearly basis by periodic bill payment intervals as from the Contract date and through the payment instrument to be determined by the BUYER. The BUYER's right to terminate the Contract under the relevant statutory regulations is hereby reserved.

9.5. TRT shall be entitled to amend the conditions hereof and the digital subscription fee. Any change to the Contractual conditions and/or fee shall enter into force as from the date of the email to be sent by TRT to the BUYER at their email address registered with tabii for information purposes. In this context, the BUYER shall track the changes the BUYER's right to terminate the Contract under the relevant statutory regulations is hereby reserved.

9.6. In addition to the aforesaid termination rights, the BUYER shall be entitled to terminate their subscription at any time by clicking the "CANCEL" button in their tabii account. No deduction for the fee shall be made regarding the subsequent billing period for the BUYER where they click the "CANCEL" button to terminate their subscription. The BUYER's rights under article 52 of the Law on the Protection of Consumers and articles 22 to 25 of the Regulation on Subscription Contracts are hereby reserved.

9.7. TRT shall be entitled to terminate this Contract, which the parties have entered into, at any time where the BUYER fails to fulfill their liabilities or for any other just causes. The BUYER hereby agrees, represents, and undertakes that they shall not assert any claim or right where TRT terminates this Contract.

 

 

10. OTHER RIGHTS OF THE BUYER

10.1. The BUYER may notify their sales-related requests and complaints to the PROVIDER at the latter's addresses of destek@tabii.com and support@tabii.com.

10.2. The BUYER may always access and review the said Information and this Contract sent to the e-mail (mail) address they notified after their confirmation by saving and storing the said e-mail on their device. On the other hand, these notices and the Contract shall be kept in the PROVIDER's systems for a period of three years.

 

11. CONFIDENTIALITY

11.1. The required measures for the security of the information and transactions entered by the BUYER on the Website are taken by the PROVIDER as part of the system infrastructure to the extent of today's technical possibilities in line with the nature of the information and transactions. However, since the said information is entered from the BUYER's device, the BUYER shall be responsible to take the required measures, including those related to viruses and similar harmful applications, in order to ensure their protection by the BUYER and to prevent access thereto by unrelated persons. You may access the Non-Disclosure Agreement, which will be deemed to have been read and accepted by the BUYER upon confirmation of this Contract, in the section “Confidentiality” at the bottom of the Website's following page: https://www.tabii.com/Linkinde.

 

12. RULES REGARDING THE INTELLECTUAL AND INDUSTRIAL RIGHTS

12.1. The industrial rights and other rights protected under the Law 5846 on Literary and Artistic Works regarding any and all materials including, without limitation, all types of information and contents, software, images, texts, speeches, audio, video, etc. belonging to the Website and provided within the scope of the Services, shall be the PROVIDER's property. In the event that these materials are used in whole or in part in any way, including recording, reproduction, dissemination, renting and offering for sale, without the permission of the PROVIDER, legal and criminal sanctions shall be taken against the person or persons who commit such acts.

 

13. CONSUMER COMPLAINTS AND COMPETENT JUDICIAL BODIES

13.1. The consumer can convey their complaints and/or suggestions relating to the services at destek@tabii.com and support@tabii.com addresses.

13.2. Regarding the disputes that may arise out of or in connection with this Contract, the Provincial and District Consumer Arbitration Committees shall have the jurisdiction within the monetary limits annually set by the Ministry of Customs and Trade and the Consumer Courts shall have the jurisdiction for the disputes beyond such limits.

13.3. The BUYER may, at their own discretion, file an application with the Arbitration Committees and Consumer Courts of their place of residence.

13.4. The BUYER hereby agrees and represents that they have read all the conditions and explanations written in this Contract and in the order-contract preliminary information forms (and on the Website) that constitute the integral parts hereof, they have obtained information in advance regarding all of the matters enumerated herein including, without limitation, the basic features-characteristics of the Services offered for sale, sales price, payment method, The PROVIDER and all other preliminary information about the Service offered for sale and the right of withdrawal and personal information-electronic communication, they have seen all of such information on the Website, and they have accepted the provisions of this Contract by ordering the Service by granting their confirmation-approval-consent-permission to all of these in electronically. Both the said preliminary information form and this Contract shall also be sent to the electronic mail (mail) address notified above by the BUYER to the PROVIDER.

13.4. Turkish Law shall govern in case of any disputes that may arise out of or in connection with this Contract and/or implementation thereof, regardless of the rules of conflict of laws. The BUYER hereby agrees, represents, and undertakes that they have waived the implementation of rules of conflict of laws under the Law on Turkish International Private Law and Procedural Law.

14. STAMP DUTY

14.1. Where ant stamp duty arises from this Contract, the stamp duty shall be paid by the BUYER and the amount shall be reflected to the BUYER's service fee bill and collected by TRT.

 

15. MISCELLANEOUS

15.1. If any provision of this Contract is declared invalid, illegal or unenforceable, the validity of the other provisions shall not be affected thereby, in which case the other provisions hereof shall remain in full force and effect.

15.2. TRT may transfer and assign its rights and obligations hereunder to ant third party at any time without seeking the BUYER's consent. By confirming this Contract and purchasing a digital subscription, the BUYER shall be deemed to have consented to this transfer or assignment process. The BUYER may not transfer and assign its membership, subscription and other rights to any third party or persons.

15.3. The fact that TRT has not exercised its rights arising from this Contract in part or as a whole shall not operate as a waiver from such rights.

 

16. ENTRY INTO FORCE OF THE CONTRACT

16.1. This Contract shall be deemed to have been drawn up and entered into force as between the BUYER and the PROVIDER upon the BUYER separately checks the boxes of "I have read and accept the Preliminary Information Form" underneath the Preliminary Information Form and "I have read and accept the Distance Sales and Subscription Contract" and entry of such declarations of acceptance to the PROVIDER's records. Fulfillment of the service offered by the PROVIDER shall start at the moment when the Contract enters into force.

16.2. The BUYER hereby agrees, represents, and undertakes that they have read this Contract, they have been informed on their rights and/or obligations under the Law 6502on the Protection of Consumers, Regulation on Distance Contracts, Regulation on Subscription Contracts, and other relevant regulations, and they have electronically confirmed this Contract.

16.3. Confirming this Contract means that the BUYER accepts the contract and annexes thereof; it reveals that they give their consent to the commencement of the service in accordance with all these terms and conditions. The Contract shall enter into force upon the confirmation of this form and of the Contract and the BUYER's payment liability shall remain valid until the Contract is terminated.