Terms of Use and Membership Agreement
This Terms of Use and Membership Agreement ("Agreement") regulates the provisions regarding the use of the website and mobile application (collectively "Platform") offered under the name "Yerinde". By visiting, becoming a member of, or using the Platform in any way, you declare that you have read, understood, and accepted all the provisions of this Agreement.
1. PARTIES AND DEFINITIONS
1.1. Data Controller and Service Provider Company
The Yerinde brand and Platform is operated by the following registered company: Yemap Teknoloji ve Gıda Sanayi ve Dış Ticaret A.Ş. Address: ATAKÖY 7-8-9-10. KISIM MAH. ÇOBANÇEŞME E-5 YAN YOL CAD. A NO: 22 /1 İÇ KAPI NO: 30 BAKIRKÖY / İSTANBUL In this Agreement, it will be referred to as "Yerinde", "Company" or "We".
1.2. User / Member
Real persons who access the Platform as visitors, create a membership account, or make reservation/subscription transactions through the Platform are referred to as "User" or "Member".
1.3. Business / Restaurant
Restaurants, cafes, bars and similar food and beverage establishments listed on the Platform and offering dine-in services to Yerinde users are referred to as "Business" or "Restaurant".
1.4. Service
Services provided by Yerinde include: • Listing of restaurants and related campaigns, discounts and reservation information on the Platform, • Enabling Users to make reservations at these Businesses at specific dates and times, • Application of discounts agreed between Yerinde and the Business to certain reservations, • Offering membership and subscription-based access model to Users, These refer to intermediary and platform services. Yerinde does not directly provide food and beverage service; it provides technology and intermediary services.
1.5. Reservation
It is the User's reservation of a place for a specific date, time and number of people at a specific Business through the Platform.
1.6. Subscription
It refers to the paid membership model renewed monthly or at certain periods for the User to access paid features on the Platform (such as access to select restaurants, discounted reservation rights, etc.) for a certain period of time.
2. SUBJECT AND SCOPE OF THE AGREEMENT
2.1. This Agreement regulates the conditions of User's benefiting from the Platform, the framework of the Services provided by Yerinde, and the rights and obligations of the parties. 2.2. By using the Platform and/or creating a membership, you accept that you are bound by this Agreement, as well as the Disclosure Text and other additional documents deemed necessary on the Platform. 2.3. This Agreement contains general terms for individual Users. Commercial conditions between Businesses and the Company are determined by a separate Business Partnership / Business Agreement to be signed.
3. YERINDE'S ROLE AND NATURE OF SERVICE
3.1. Yerinde is an interface and technology platform that provides online reservation, discounted dine-in experience and membership/subscription-based access between Users and Businesses. 3.2. Yerinde: • Displays menu, price, discount, working hours and similar information of Businesses on the Platform, • Organizes Users' ability to make reservations at these Businesses at certain times and to benefit from discounts related to these reservations, • Can gradually regulate access to certain functions on the Platform with membership and subscription model. 3.3. Yerinde; • Is not a party to the restaurant service, • Does not accept responsibility for food and beverage quality, service speed, hygiene, seating arrangement, staff behavior, • Is not the primary addressee of disputes (defective goods/services, dissatisfaction, cancellation, refund, etc.) that may arise between the User and the Business. 3.4. Although the content about Restaurants (menu, price, discount rate, visuals, etc.) is kept as up-to-date as possible, the ultimate responsibility for the accuracy and currency of this information belongs to the relevant Business.
4. MEMBERSHIP AND ACCOUNT CREATION
4.1. You may need to create a membership account to access certain sections of the Platform or to make a reservation. 4.2. Membership can only be created by real persons over 18 years of age. By using the Platform, you declare that you are over 18 years old. 4.3. You agree that all information you provide when creating a membership (name, surname, e-mail, phone number, etc.) is accurate, current and complete; and that you will update it immediately if there is a change in this information. 4.4. You are responsible for the confidentiality of your account access information (password, etc.). You accept that you are personally responsible for all transactions made through your account and that you will immediately notify Yerinde when you detect unauthorized use. 4.5. Yerinde has the right to suspend, restrict or terminate membership in cases it deems necessary, including but not limited to: • Providing false information, • Creating multiple fake accounts, • Repeating no-show behavior beyond system rules, • Actions contrary to this Agreement, legislation or the rights of third parties.
5. MEMBERSHIP TYPES, TRIAL PERIOD AND SUBSCRIPTION SYSTEM
5.1. Yerinde may offer benefits from the Platform with free period, trial period, limited feature free membership and/or paid subscription models. 5.2. Yerinde may grant the User free usage rights for certain periods during launch or campaign periods. This period, scope and conditions are clearly stated on the Platform. 5.3. At the end of the free period or trial period, a monthly subscription fee may be collected from the User in accordance with the model determined by Yerinde. Unless otherwise stated, subscriptions are automatically renewed. 5.4. Subscriptions; • Periodic (e.g. monthly), • Automatically renewed, • Self-extending under the same conditions unless cancelled before the end of the relevant period may work with a model. These matters are shown to the User during subscription on the Platform. 5.5. The User declares that they have reviewed the subscription plan, renewal date, cancellation conditions and pricing information at the subscription creation stage and have started the subscription by accepting these conditions.
6. MEMBERSHIP FEES, PAYMENT AND INVOICING
6.1. Yerinde may request a subscription fee, membership fee or similar fee for its services. Fees, currency, payment period and whether taxes are included are shown on the Platform up-to-date. 6.2. Fees may be changed unilaterally depending on campaigns, promotional periods, market conditions and Yerinde's commercial preferences. The new pricing will be announced to the User a reasonable time before it takes effect. 6.3. Subscription fees are collected through; • Payment system integrated into the Platform, • Through payment service providers with which Yerinde has agreements, • By credit card, debit card or other digital payment methods. 6.4. For subscriptions made through mobile app stores (App Store, Google Play, etc.), the terms of use and refund of the relevant platform may also apply. In this case, cancellation and refund requests related to the subscription are evaluated within the framework of the relevant store rules. 6.5. If an invoice is issued for your subscriptions, you must provide your invoice information completely and accurately. Storage and reporting obligations arising from tax legislation are reserved. 6.6. In case of failure to fulfill your payment obligation, inability to collect from your card or unsuccessful collection of subscription fee, Yerinde has the right to suspend your rights arising from the subscription or terminate your subscription. 6.7. If you do not cancel your subscription before the free period ends, your first subscription fee may be collected according to the current pricing. Information regarding this situation is clearly provided during subscription.
7. GENERAL RULES REGARDING THE USE OF THE PLATFORM
7.1. You undertake to use the Platform only in accordance with the law, ethics, rules of honesty and this Agreement; and to act in a way that does not violate the rights of third parties. 7.2. The following actions are prohibited: • Making misleading or fake reservations, • Testing system vulnerabilities, attempting to exploit security vulnerabilities, • Making unfair, demeaning, insulting statements about Yerinde or Businesses, • Overloading the Platform with automatic tools (bot, script, etc.), • Using other people's account information without permission. 7.3. Yerinde may temporarily suspend or restrict access to the Platform when necessary for maintenance, update or security reasons. In this case, the User accepts that they will not claim compensation due to interruptions or changes.
8. RESERVATION RULES AND DISCOUNTS
8.1. The User creates a Reservation by selecting date, time, number of people and Business on the Platform. Unless otherwise stated, Reservations are instant confirmation reservations. 8.2. The following seen during the Reservation; • Date and time, • Number of people, • Discount rate, • Discount scope (e.g. only meals, excluding drinks, etc.), • Cancellation/no-show conditions are binding for the User. 8.3. Discounts are generally only valid for: • Dine-in, • Date and time of the relevant Reservation, • Certain product/service groups. Campaigns and exceptions are stated on the Reservation screen. 8.4. The User agrees to be at the Business at the Reservation time or within the reasonable delay time defined by the Business. Otherwise: • The Reservation may be cancelled, • The discount right may disappear, • The User may be marked as no-show. 8.5. In case of repeated no-show behavior, Yerinde; • May temporarily restrict the User's right to make reservations, • May place reservation restrictions for certain Businesses, • May completely terminate membership in severe violations. 8.6. Payment is generally made directly to the Business. The User pays the bill amount through the Business's own POS/cash register system. Yerinde is not a party to the meal fee collection; however, it uses a separate payment system for subscription/membership fees. 8.7. Yerinde, in accordance with the information received from Businesses and/or Users; • Non-discounted bill amount, • Net amount after discount, • User's total "savings" amount (saved) can calculate and show such data to the User in their profile.
9. SPECIAL PROVISIONS FOR BUSINESSES (SUMMARY)
9.1. Businesses are listed on the Platform within the scope of a separate business partnership agreement to be concluded with Yerinde. This Agreement also covers general usage and behavior rules for Businesses. 9.2. The Business is solely responsible for; • The accuracy of menu, price, discount, campaign and working hours on the Platform, • Tracking and fulfilling Reservations received through Yerinde, • Applying the agreed discount rates to the bill, • Fulfilling all obligations arising from consumer legislation. 9.3. Yerinde does not accept responsibility for the quality, scope and presentation of the service provided by Businesses; and cannot be held responsible to third parties for claims that may arise against the Business.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. The rights on all components of the Platform (design, logo, brand, domain name, software, code, database, text, visual, etc.) belong to Yerinde or third parties from whom it is licensed. 10.2. Without prior written permission of Yerinde, the User; • Cannot copy, reproduce, distribute Platform content, • Cannot attempt to access source code or reverse engineer, • Cannot use the Yerinde brand or logo commercially or non-commercially. 10.3. Comments, evaluations and similar content published by the User on the Platform may be used by Yerinde, anonymized or with the user name, on the website, mobile application, promotional materials and social media accounts. The User accepts that they will not request a separate fee for this use.
11. LIMITATION OF LIABILITY
11.1. Yerinde does not guarantee; • That the Platform will work uninterrupted and error-free, • That all Businesses will always provide complete and perfect service, • That User expectations will be met in all cases. 11.2. Yerinde does not accept responsibility for damages arising from the following situations in particular: • Business not providing service, providing late or incomplete service, • Food-related health problems, hygiene deficiencies, staff behaviors, • Internet and infrastructure problems preventing access to the Platform, • Service disruptions in force majeure cases, • User or Business behaviors declaring false or incomplete information. 11.3. Yerinde's total liability is limited to the subscription fee (if any) paid by the User to Yerinde for the relevant event, except for cases required by law.
12. PERSONAL DATA AND PRIVACY
12.1. Your personal data is processed in accordance with KVKK No. 6698 and relevant legislation. For detailed information, you can review the "Disclosure Text on Processing of Personal Data" published on the Platform. 12.2. By using the Platform, you accept that you have been informed about the processing of your personal data in accordance with the purposes and legal reasons specified in the Disclosure Text. 12.3. Cookies may be used on the Platform. Cookie types, purposes of use and how you can manage your preferences are explained in the Cookie Policy.
13. AMENDMENT OF THE AGREEMENT
13.1. Yerinde reserves the right to update and change this Agreement unilaterally. The current text takes effect when published on the Platform. 13.2. Important changes may be announced to the User by e-mail, notification or similar means as far as possible. Your continued use of the Platform means that you accept the changed conditions.
14. DURATION AND TERMINATION
14.1. This Agreement takes effect with the User's access to the Platform and remains in effect until the User terminates their membership. 14.2. The User may terminate their subscription and/or membership at any time through the methods offered on the Platform or the cancellation procedures of the relevant mobile app stores (App Store, Google Play, etc.). However, termination does not eliminate payment obligations incurred until the end of the current subscription period. 14.3. Yerinde may immediately terminate the membership and subscription if the User acts contrary to this Agreement, engages in illegal activities or exhibits behavior that damages its legitimate interests.
15. FORCE MAJEURE
15.1. Events beyond the control of the parties and unforeseen, such as natural disasters, war, terrorism, fire, earthquake, pandemic, strike, lockout, infrastructure and internet failures, power outages are considered force majeure. 15.2. In case of force majeure, the parties cannot be held responsible for not being able to fulfill their obligations. With the disappearance of the force majeure situation, performance obligations continue from where they left off.
16. APPLICABLE LAW AND JURISDICTION
16.1. Republic of Turkey law will be applied in the application and interpretation of this Agreement. 16.2. In disputes between the parties; • In cases where the User has consumer status, Consumer Arbitration Committees and Consumer Courts, • In other cases, Istanbul Central (Çağlayan) Courts and Execution Offices are authorized.
17. EFFECTIVENESS
17.1. The User is deemed to have accepted this Agreement electronically by using the Platform. 17.2. This Terms of Use and Membership Agreement takes effect from the date of publication on the Platform.