Last Update Date: 05.07.2021
wannawell.com and mobile app named wannawell are platforms (Platform) established by Well Studio Dijital Danışmanlık Hizmetleri Anonim Şirketi located at Maslak Mah. Nazmi Akbacı İş ve Ticaret Merkezi, D Blok, No: 245, Sarıyer, İstanbul/TÜRKİYE, (hereinafter referred to as “Company” or “we” or “our” or “us”).
This Terms of Use (Agreement) has been drafted in order to determine the conditions regarding the services provided through the Platform and executed between the users (User) (means any person accessed to the Platform regardless his/her status of member, user or visitor) and Company. In this Agreement, the User and the Company will be referred to individually as “Party” and collectively as “Parties”.
The User accepts and declares that he / she has read all the terms and conditions in the Agreement by accessing the Platform and fully understands its content and approves all its provisions electronically.
SUBJECT AND SCOPE OF THE AGREEMENT
The subject of this Agreement is to determine the terms of use of the Platform and the rights and obligations of the Parties.
The Platform constitutes an inseparable whole with all its sub-components and domain names, and all services such as http, https, ftp, dns, database, mobile, IOS, Android, e-mail, API and all similar services and documents, photos, videos (regardless of where such files are physically hosted) and is subject to the provisions of this Agreement.
TERMS OF USE OF PLATFORM
Users may initiate their use of the Platform by accessing its’ interface. The Users have a limited right of use of the Platform under the conditions and legal limitations defined in this Agreement.
In order to obtain membership status, the User desires to become a member must approve this Terms of Use on the Platform, fill in the information requested with correct and up-to-date information, and the membership application must be evaluated and approved by us. The User desires to become a member must be over 18 years old. With the completion of the approval process and notification to the User, the membership status begins and thus the User attains the rights and obligations specified in this text. The User, who did not provide accurate and up-to-date information, is personally responsible for all damages that may arise due to this.
By using the Platform, Users accept and undertake to use it in accordance with the applicable legislation provisions, ethical rules and all rules and laws regarding internet use.
There may be interruptions in the communication between the Platform and the User due to technical problems not caused by the Platform such as any error, negligence, outage, deletion, corruption, delay in transmission or communication network failure (infrastructural and / or hardware reasons, etc.) and they may cause to decrease the service quality. The Company cannot be held responsible for such problems and interruptions.
Company attaches importance to the processing, security and protection of the personal data provided by the User through the Platform in accordance with all kinds of legislation, including the Law on the Protection of Personal Data No. 6698. In this context, Company collects, uses, transfers, and processes the personal data provided by the User in accordance with the Privacy Policy. The Privacy Policy is an integral part of this Terms of Use.
While the Users visit and use the Platform; they accept, declare and undertake that they will not act in violation of the law and morals listed below (including but not limited to those):
The Company does not guarantee the continuity, quality, accuracy, error-free or virus-free of the service provided and the service will not be uninterrupted. The Company does not have any liability for damages arising from a possible violation within the scope of this article.
The Users accept, declare and undertake to not use, copy, publish, distribute, transmit the pictures, texts, visual and audio images, files, articles, statistics, information, contents, databases, catalogs and lists on the Platform in a way that violates personal rights, intellectual property rights, property rights or any rights related to the goods or services that may be subject to intellectual property rights of the Company.
The Company may limit or cease the access to the Platform whenever it deems necessary, in order to prevent the operational security of the network, continuity of access to the network, prevent malfunctions that may occur in the network, software or recorded files, prevent possible malfunctions or reduce its impact, and in other cases it deems necessary, without notifying.
INTELLECTUAL PROPERTY RIGHTS
The Users accept that the Platform is owned and operated by the Company. The content of the Platform is protected under relevant and applicable intellectual and industrial property law. As a rule, the exclusive right to use of all kinds of software, design, source code, object code, directory, visual or content (including the content you shared) on the Platform belongs to the Company. In this context, the Users hereby assign to the Company to hold absolutely with full title guarantee and present assignment of past, present and future copyright (if applicable) the following rights throughout the world: all of their right, title and interest in and to the intellectual property rights in the works and in all materials produced and all rights, powers, liberties and immunities attaching to the intellectual property rights in the works, together with the exclusive right to do and to authorize others to do any and all acts in relation to the works throughout the world in conjunction with the financial rights designated under Turkish Law on Intellectual and Artistic Works numbered 5846 (Law) including but not limited to (Art. 21 of Law) right of adaptation the part or the whole, or of the adapted part including changing the design, graphic, picture, abbreviation, extension, editing, changing colour and size or format; (Art. 22 of Law) right of reproduction (Art. 23 of Law); right of distribution including selling, exporting, renting, borrowing, distributing free of charge or with charge, making available it to the use of third parties; (Art. 24 of Law) the right to perform and (Art. 25 of Law) the right to broadcast the part or the whole, or of the adapted part.
The Users accept, declare and undertake not to violate any intellectual and industrial property rights of the Company on the Platform.
The Users will not reverse engineer or take any other action to find, obtain or copy the source code of the Platform, will not violate the security of any computer network, will not break the security encryption codes, will not attempt SPAM mail or malware, otherwise accept, declare and undertake that they will be responsible for any damages incurred by the Company and third parties.
TERMINATION OF THE PLATFORM
The Company may always terminate all or part of the Platform, which forms the basis of this Agreement, without prior notice and without relying on any ground.
AMENDMENTS
The Company, at its sole discretion, may unilaterally change this Agreement at any time it deems appropriate provided that it is effective as of the date announced on the Platform.
GOVERNING LAW AND COMPETENT COURT
Turkish Law will be applied for the legal disputes and relation arising from the implementation and interpretation of this Agreement and/or each provision here. Istanbul Cağlayan Courts and Enforcement Offices are authorized in case of any dispute arising out of this Agreement or each article separately.
ENFORCEMENT OF THE AGREEMENT
Agreement come into effect as of the moment the Platform is visited. The Agreement, having with all the provisions agreed upon between the Parties, supersedes all written and verbal arrangements previously concluded between the Parties.