Distance Sales Contract

DISTANCE SALES CONTRACT v2.3 (12.06.2018)

  1. Parties

This contract is signed between The User and Taptoweb . “The User”  refers to the user to use Taptoweb’s application in the platforms such as IOS, Android etc. as content provider. “Taptoweb”; refers to the Taptoweb Information Technologies Inc. resident at Istanbul University Avcılar Campus Üniversite Neighborhood Sarıgül Street No:37/1  İstanbul Teknokent Argem Building 34320 Avcılar / İSTANBUL address, whose telephone number is  +90 850 532 8 829 and e-mail address is app@taptoweb.com.

  1. Subject of the Contract

The adoption of this contract and making the subsequent payment entitles the User to use Taptoweb’s app on IOS, Android etc platforms as content provider for certain services and to use the Taptoweb Points sent to him/her by Taptoweb.

  1. Execution of the Contract

When the payment of the ordered service is made, this contract will be approved by the parties and enter into force.

  1. Application of the Contract

In return for the User’s payment, Taptoweb will entitle the User to use as many Taptoweb Points and zones as he/she paid for, and use certain services in its application as long as the related fee is paid for.

Notifications; Maximum 2 (two) notifications per month can be sent to users who have given the notification permission. Notifications can only be sent to Users who have been contacted with the use of the services via the application.

The user acknowledges that if he / she approves this contract, he / she will be obliged to pay the amount of the related order and  additional charges specified such as shipping fee and tax, if any, on a monthly basis and that he/she is informed about the subject.

Taptoweb Points are offered with a warranty of 12 months. Taptoweb Points can be used with an active Taptoweb Business account. The duration of working and warranty for Taptoweb Points is 1 (one) year.

Taptoweb Business monthly payments will be terminated in the event of cancellation of membership and delay of payment for a period of more than 1 (one) month, but the remaining monthly payments of Taptoweb Points whose account-based monthly payments continue, will be invoiced to the User in bulk.

Taptoweb can quit giving the service any time. However, in the event of stopping of the service, the amount paid by the User corresponding to the term he/she could not get service shall be refunded to the User within 14 (fourteen) days.

Returned Taptoweb Points must be in perfect condition. In case the Taptoweb Points are damaged for any reason that can be attributed to the User, the User will pay 50 USD  per Taptoweb Point in the form of upfront payment.

  1. Listed Prices

The prices listed and announced on the website are the monthly subscription prices for services and products. The announced prices and promises are valid until the update is done. Periodically announced prices, on the other hand, are valid until the end of the period.

  1. General Provisions

6.1. The User acknowledges that he/she has read and gained knowledge about the preliminary information related to basic features, sales price, payment type and delivery of the service subject to the Contract on Taptoweb’s website and granted the necessary approval in the electronic domain. The user also acknowledges that he/ she completely and accurately obtained Taptoweb’s address,  basic features of the services ordered, prices of the services including taxes, and payment and delivery information before approving the preliminary information in the electronic domain and the distance sale contract has been settled.

6.2. The ordered Taptoweb Points shall be delivered to the person or organization at the address shown by the User for the duration of the period specified in the preliminary information. If the Taptoweb Points can not be delivered to the User within this period, the User may terminate the contract and request a refund.

6.3. Taptoweb shall completely procure the services and Taptoweb Points that are ordered and paid for. Taptoweb may, on its own initiative, send another model of Taptoweb Point, which allows the services to be provided in the same way or better.

6.4. If the enforcement of the service is rendered unavailable for any reason, Taptoweb shall notify the User in writing or by e-mail within three days from the date on which the situation is learned,  and shall refund the corresponding amount for the period for which the service is not available within fourteen days from the date it halted providing service

6.5. In the event that the contractual service fee is not paid for any reason, or in the event that the fee paid is canceled and refunded through the bank, Taptoweb’s contractual service obligation shall be terminated. In that case, the User shall return the Taptoweb Points he/ she was provided beforehand.

6.6. The bank or finance institution may not transfer the payment into Taptoweb’s account on account that the credit card through which the payment was made was used by unauthorized people. In that case, if the User received the Taptoweb Points, he / she shall return the Taptoweb Points where the shipment costs shall be on Taptoweb within three days; if he /she cannot reach the Taptoweb Points, he /she shall make a payment over the product price announced as Taptoweb Point price.

6.7. Taptoweb shall notify the User if it will not be able to deliver the product necessary for the fulfillment of the contractual service within the specified time due to force majeure occurring outside the  parties’ will.

In that case:

  1. cancellation of the order,
    ii. swapping the contractual product or service with a precedent, if any,
    iii. delaying the delivery date until the hampering situation is disappeared.
    can be demanded by the User.

If the User cancels the order and he /she made the payment in cash, the amount he /she paid is refunded to him / her in cash and at once within fourteen days starting from the cancellation of the order. If the User made the payment by credit card, the amount he / she paid is returned to the relevant bank within the same period. The user acknowledges that if the refund is made to the credit card, the transfer of the amount in his/her account by the bank may take  up to three weeks, and that the transfer of the amount to the User’s account after it is refunded to the bank is totally related to the bank’s transaction process and that Taptoweb cannot be held responsible for this period.

6.8. The user acknowledges that Taptoweb may contact him/her via the address, e-mail address, telephone numbers and other contact information he /she delivered to Taptoweb at any time.

The user acknowledges that the information he /she presented is true, and that he /she shall indemnify all damages suffered by Taptoweb due to the untruthfulness of this information, immediately upon Taptoweb’s initial notice, in cash and at once.

The user agrees to comply with the provisions of the legal regulations when using the Taptoweb website and mobile applications. Otherwise, all legal and penal obligations arising are solely and exclusively on the liability of the User. The links provided in the Taptoweb website may direct Users to other websites. The websites whose links are provided are not under the assurance of Taptoweb. In the event that Taptoweb suffers damage due to the User’s infringing of the Contract, the User shall indemnify these damages.

6.9. The user shall check the Taptoweb Points that are brought to him/her before receiving them and shall not receive the Taptoweb Points that are crushed, broken, package-torn or otherwise damaged from the cargo company. Unless proven otherwise, the Taptoweb Points that are accepted by the User are considered to be solid and complete. After the delivery, the User shall use the Taptoweb Points carefully and shall not use the Taptoweb Points if he/ she will use the right of withdrawal. If the Taptoweb Points are returned due to the right of withdrawal, the invoice must also be returned.

In the event that the User is different from the holder of the credit card used for the order, or detection of security gaps regarding the credit card used for the order, Taptoweb may ask the person placing the order to  prove that the card belongs to him/her. The order is suspended within this period. Unless this demand is met within 24 hours, Taptoweb may cancel the order.

  1. Right of Withdrawal

The User has the right to withdraw within 14 (fourteen) days from the signing of the Contract. Costs arising from the use of the right of withdrawal belongs to Taptoweb. By adopting this Contract, the User acknowledges that he /she is informed about the right of withdrawal.

In order to exercise the right of withdrawal, the User shall make a written notice by registered mail, fax or e-mail addressed to Taptoweb within the above mentioned period. The Taptoweb Points on which the right of withdrawal will be exercised, should not be used at all.

In the event of the exercise of this right,

  1. The invoice related to the order (if the invoice of the service to be returned is institutional, it must be sent along with the return invoice prepared by the institution when returning. The service returns that are invoiced on the name of institutions will not be completed unless the return invoice is made out.)
  2. The products to be returned must be returned complete and undamaged together with the box, package, standard accessories of the products.

Taptoweb is responsible for refunding the total amount paid for the service in maximum 10 (ten) days after the withdrawal notification and Taptoweb Points are reached to Taptoweb or the current price of the Taptoweb Points announced on the Taptoweb website (taptoweb.com) are paid.

In the event of  getting down the campaign limit amount set by the SELLER because the right of withdrawal is exercised, the amount of discount benefited within the scope of the campaign is canceled.

  1. Competent Court

Istanbul Courts are competent in the disputes arising from this contract.

If the User is a consumer, complaints and objections shall be made to the Arbitration Committee for Consumer Problems or the Consumer Court in where the consumer’s residence is located  or where the consumer transaction is made within the monetary limits specified in Law no 6502.