USER SERVICE AND TERMS

ARTICLE 1– PARTIES

This agreement and its annexes (Annex- KVKK and Privacy Protocol) have been mutually accepted and entered into force between "ORBİFO CORPORATE SERVICES JOINT STOCK COMPANY (ORBİFO)" located at "Atatürk Mahallesi Ertuğrul Gazi Sk. A Blok Apt. No: 2 E/9 Ataşehir/Istanbul" and the "User" benefiting from the ORBİFO mobile applications under the terms specified in this agreement.

ORBİFO and the User will be referred to as "Party" individually and "Parties" collectively.

ARTICLE 2– DEFINITIONS

2.1. In this agreement and its annexes, all definitions and uses regarding parties, terms, transactions, etc., shall be understood as the meanings explained below and agreed upon by the parties.

The "ORBİFO SYSTEM," including but not limited to the mobile phone application of ORBİFO and all digital systems accessible through any interactive channel, for restaurant/food list viewing, benefiting from campaigns, providing discount rights, etc.

The agreements prepared for the functional and legal use of the ORBİFO SYSTEM by the MEMBER, which are inseparable parts of each other:

• ORBİFO BUSINESS PREMISES FRAMEWORK MEMBERSHIP AGREEMENT

• COMMERCIAL TERMS AGREEMENT

• KVKK AND PRIVACY PROTOCOL

• ORBİFO BUSINESS PREMISES KVKK INFORMATION TEXT AND EXPLICIT CONSENT DECLARATION

collectively referred to as the "ORBİFO MEMBER AGREEMENTS."

Members registered in the ORBİFO SYSTEM will be referred to as "USER."

The operations of viewing the advantageous conditions offered by ORBİFO, making payment transactions using the ORBİFO SYSTEM to benefit from these advantages, the transfer of the payments to the MEMBER by ORBİFO, and the provision of various advantages to the USER and MEMBER within the scope of these transactions will be referred to as the "SYSTEM."

The method by which all payment transactions made by the USER through the ORBİFO SYSTEM are facilitated by ORBİFO, and the payments made via the balance that the USER may define in various ways through the ORBİFO SYSTEM or the USER's credit or bank card assigned to the ORBİFO SYSTEM, and which are collected from the USER by the ORBİFO SYSTEM and transferred to the MEMBER's bank account after being offset against the MEMBER's current debt balance following the invoice issuance date will be referred to as the "PAYMENT METHOD."
 

Communication Channels: Instant notification, e-mail, sms, mms, phone notification, etc., will be referred to as "COMMUNICATION CHANNELS."

ARTICLE 3– SUBJECT AND SCOPE

3.1. The subject of this agreement is to determine the terms and conditions for all products and services available in the application or to be offered by ORBİFO in the future, as well as the rights and obligations of the parties regarding these products and services.

3.2. By accepting the provisions of this agreement, the User also agrees to any statements made by ORBİFO regarding usage, membership, and services within the ORBİFO SYSTEM. The User agrees, declares, and undertakes to act in accordance with any issues specified in these statements.

ARTICLE 4– APPLICATION USAGE CONDITIONS

4.1. Applications made by individuals who are not of legal age or who do not have the authority to represent and bind a legal entity will not be eligible to benefit from the rights arising from being a "User," even if they have completed the registration process. Requests and transactions contrary to this are not the responsibility of ORBİFO.

4.2. ORBİFO may terminate this agreement unilaterally at any time without any justification, notification, or obligation to pay any compensation and immediately terminate the User's access to the ORBİFO SYSTEM.

ARTICLE 5– MUTUAL RIGHTS AND OBLIGATIONS

5.1. User Rights and Obligations:

5.1.1. The User agrees to act in accordance with all the terms in this agreement, the rules specified on the ORBİFO website, and all applicable legislation while fulfilling the user procedures, benefiting from the products or services in the ORBİFO SYSTEM, and performing any transactions related to the products or services in the ORBİFO SYSTEM.

5.1.2. The User agrees that ORBİFO will be authorized to disclose the information obtained within the ORBİFO SYSTEM to official authorities in cases where ORBİFO is required by law to disclose information to official authorities and cannot be held liable for any compensation claims due to this.

5.1.3. The User agrees, declares, and undertakes that ORBİFO will be authorized to disclose the User's commercial information to its business partners for the execution of the products and services subject to this Agreement and/or for the purpose of entering into a contract with these business partners, and that no compensation claims can be made against ORBİFO for this reason.

5.1.4. The User is responsible for keeping the System Access Tools (username, password, code, etc.) used to access the ORBİFO SYSTEM confidential. The right to use the System Access Tools belongs exclusively to the User. The User will not disclose this information to third parties. The User is entirely responsible for the results of the use of the System Access Tools by a third party. ORBİFO is not obligated to identify the individuals involved in such unauthorized uses. The User agrees, declares, and undertakes that they are responsible for the use of this information by a third party, and the transactions made using this information will be binding. The User is obliged to immediately notify ORBİFO if they learn that their password has been obtained by others.

5.1.5. The User agrees and undertakes that the information and content provided by the User within the ORBİFO SYSTEM are accurate and lawful. ORBİFO is not responsible for the accuracy, security, legality, or correctness of the information and content provided by the User or uploaded, modified, and provided by the User within the ORBİFO SYSTEM, nor is ORBİFO responsible for any damages arising from inaccurate or incorrect information and content.

5.1.6. The User agrees, declares, and undertakes that all transactions made through the ORBİFO SYSTEM under their name are carried out solely by themselves. The User undertakes that the communication channels provided to ORBİFO belong solely to them and are under their control, and that they use these communication channels actively. Otherwise, the User will be liable to compensate ORBİFO for any material and moral damages that ORBİFO may incur due to the communication channels not belonging to the member or the failure to actively use the Communication Channels.

5.1.7. The User agrees that this application belongs to ORBİFO and is operated by ORBİFO. The content of this application is protected under Intellectual and Industrial Property rights. The User agrees and undertakes not to reproduce, copy, distribute, process the images, texts, visual and audio images, video clips, files, databases, catalogs, and lists within the Application that would constitute an infringement of the same or personal rights, or property rights of ORBİFO and/or any other third party.

5.1.8. After completing the relevant forms, the User declares and undertakes that they have the capacity to become a User under this Agreement by approving the "I have read, negotiated, and accept the terms of the User Agreement" clause. Otherwise, if ORBİFO determines this, the User's agreement will be terminated immediately.
 

5.2. ORBİFO's Rights and Obligations:
 

5.2.1. ORBİFO reserves the right to change any products, services, and content offered in the ORBİFO SYSTEM unilaterally, restrict access to the information and content uploaded by the User to the system, and delete them. ORBİFO may exercise this right without any notification or deadline. If the requested changes and/or corrections are not made within the specified period, ORBİFO will not be responsible for the resulting or potential damages and will have the right to freeze or terminate the User's access to the ORBİFO SYSTEM.

5.2.2. ORBİFO may use the User information in the ORBİFO SYSTEM for purposes other than the Services for User security, fulfillment of its obligations, some statistical evaluations, and internal audits, or as demographic information for advertising and/or promotion, and may classify and store them in a database.

5.2.3. ORBİFO reserves the right to change, reorganize, suspend the ORBİFO SYSTEM and all services, products, ORBİFO SYSTEM usage conditions, and information provided on the ORBİFO SYSTEM at any time without prior notice. The changes will become effective at the time of publication on the ORBİFO SYSTEM. Users will be deemed to have accepted these changes by using the ORBİFO SYSTEM or accessing the ORBİFO SYSTEM. Changes will be announced to the Users through the medium determined by ORBİFO.

5.2.4. ORBİFO does not guarantee that the services provided within the ORBİFO SYSTEM will always be active and accessible. ORBİFO is not responsible for any disruptions caused by court decisions and other official authority practices, force majeure, third-party causes, disruptions and delays caused by internet service providers, and similar external factors, misuse, technical failures, and other malfunctions caused by ORBİFO, repair work, or other guidance.

5.2.5. ORBİFO may limit or stop access to the service when necessary, in cases where the security of the network is at risk, to prevent or mitigate potential disruptions, or for other reasons deemed necessary.

ARTICLE 6– SERVICES

6.1. ORBİFO provides services to Users through the website, including the mobile phone application and, without limitation, all interactive channels accessible through the digital systems developed for restaurant/food list viewing, benefiting from campaigns, providing discount rights, etc., and the transmission of payments made through the ORBİFO SYSTEM.

ARTICLE 7– CONFIDENTIALITY

7.1. ORBİFO may use information about Users outside the scope of this Agreement within the scope of the "Confidentiality Agreement" in the Annex-1 section of this Agreement, which is an integral part of the User Agreement. ORBİFO may disclose or use confidential information about Users to third parties outside the scope of this Agreement, but only under the conditions specified in the "Confidentiality Agreement." While ORBİFO has taken precautions within its capabilities to ensure that the website is free from viruses and similar malicious software, the User is responsible for obtaining and providing the necessary protection through their virus protection system to ensure ultimate security. ORBİFO reserves the right to change the content of the site at any time, modify or terminate any service provided to Users, and delete User information and data registered on the ORBİFO website. Although ORBİFO has taken every precaution to ensure that the ORBİFO website is error-free, no guarantee is provided for errors and interruptions that may occur. The ORBİFO website may place information on your computer to help identify you. This information is generally known as a "cookie." The use of cookies is an industry standard, and many websites use them. Cookies are stored on your computer. If you want to receive cookies or be informed when they are placed, you can set your web browser to do so if it has this feature.

ARTICLE 8– APPLICABLE LAW AND COMPETENT COURT

8.1. Turkish Law shall apply to the implementation and interpretation of this Agreement. The Istanbul Anatolian Courts and Execution Offices shall have jurisdiction over any disputes arising from or related to this Agreement.

ARTICLE 9– INTELLECTUAL PROPERTY RIGHTS

9.1. All elements of the ORBİFO SYSTEM (including but not limited to the general appearance, design, text, images, logos, icons, technical data provided in written, electronic, graphical, or machine-readable form, the ORBİFO brand, business methods, and business models, software code, and other codes) belong to ORBİFO and/or are used by ORBİFO under a copyright license obtained from a third party. All these elements, protected under Intellectual and Industrial Property rights, may not be modified, copied, reproduced, translated into another language, republished, resold, shared, distributed, displayed, used outside the scope of the User Agreement, or derived works or preparations made from them without prior permission and citation. Otherwise, the responsible person(s) shall be liable to compensate ORBİFO for the damages it suffered and/or the damages claimed by third parties, including licensors, as well as the court costs and attorney fees.

ARTICLE 10– CONTRACT AMENDMENTS

11.1. ORBİFO may, at its sole discretion and unilaterally, amend this User Agreement or any of its provisions and annexes at any time by announcing it in the Application. The amended provisions of this User Agreement shall take effect on the date of publication or on the effective date specified in advance. The remaining provisions shall continue to be valid and produce their results. This User Agreement cannot be unilaterally amended by the members.

ARTICLE 11– FORCE MAJEURE

11.1. The term force majeure refers to unavoidable events that occur beyond ORBİFO's reasonable control, despite taking necessary information security measures, including but not limited to natural disasters, riots, wars, strikes, attacks on the Application, Portal, and system, which ORBİFO cannot prevent despite showing due diligence.

11.2. In all cases considered force majeure, the Parties are not liable for any delay, incomplete performance, or non-performance of their obligations under this Agreement.

ARTICLE 12– VALIDITY OF RECORDS

12.1. The User agrees, declares, and undertakes that in disputes arising from this Agreement, the electronic and system records, commercial records, book records, microfilm, microfiche, and computer records kept by ORBİFO in its database and servers will constitute binding, definitive, and exclusive evidence and that this article constitutes an evidence agreement under Article 193 of the Turkish Civil Procedure Code.

ARTICLE 13– TERMINATION OF THE AGREEMENT

13.1. This User Agreement shall remain in effect as long as the User is a member of the Application and shall continue to produce its provisions and results between the parties.

ARTICLE 14– NOTICE ADDRESSES

14.1. The electronic mail address provided by the User to ORBİFO is accepted as the electronic mail address where any notifications related to this agreement will be legally requested.

14.2. The Parties agree that requests sent to the old electronic mails will be considered valid and deemed to have been made to them unless they notify the other party of changes in their existing electronic mails within 3 (three) days.

ARTICLE 15– ENFORCEMENT

15.1. The User declares, acknowledges, and undertakes that they have read, understood, and accepted all the articles in this agreement and that the information provided by them is accurate.

15.2. This Agreement has been mutually accepted and entered into force upon the User's electronic approval of their membership request, and it will be implemented together with its annexes. In case of conflict between the annexes and the provisions of this Agreement, the provisions of this Agreement shall prevail.

15.3. This Agreement consists of 15 (fifteen) articles and 1 (one) annex, and it has been established by the free will of the parties following the User's approval of the User Agreement on the site. The annexes are an integral part of this Agreement.