This Distant Sales Agreement (“Agreement”) is executed and entered into force by and between BeforeSunset (“Company”) located at .... and the person registered in the BeforeSunset website https://usebeforesunset.com/ (“Platform”) as a user (“User”) by electronically accepting this Agreement.
1. Subject and Scope of the Agreement
The subject of this Agreement is to set out the terms and conditions regarding the contents reached or generated via the Platform and the contents prepared and shared by the Users (“Content”), to determine the rules and procedures regarding the use of the Platform and services including time tracking, budgeting, analyzing and report generating provided via the Platform by the User and rights and obligations of the Parties as per the Consumer Protection Law No. 6502 (“Law”) and Distant Sales Regulation (“Regulation”).
The Privacy Notice and all notices and declarations made by the Platform shall be deemed as annexes to and an integral part of the Agreement.
Within the scope of this Agreement, the Company and the User are collectively referred to as the “Parties” and individually as a “Party”.
2. Product(s)/Service(s) Subject to Agreement
Description: Beta Version
Duration: Limited Time
Subscription Fee(VAT Included): Free
Payment Method: -
Total Amount: $0
3. Information of The Seller
Commercial Name: BeforeSunset
4. Rights and Obligations of the Parties
4.1 The User shall be responsible for protecting the security of usernames and passwords, or any other codes associated to the Platform known to them, and for the accuracy and adequacy of personal information provided to the Platform.
4.2 The User declares that it has the legal capacity necessary to execute this Agreement.
4.3 The User shall be personally responsible for the use and management of all information allowing the use of the Platform such as accounts, username and password and the User shall be exclusively responsible for damages suffered by the User and/or a third party resulting from the use of these information by someone other than the User or loss or transfer of these information. The User shall immediately notify the Company upon suspicion of an unauthorized use of the passwords or any other breach of security.
4.4 The User acknowledges that the trial version of the Platform may not include all features and functions of the paid version.
4.5 Company is entitled to erase, temporally or permanently suspend the Content and the account, without notifying the User, in case the User breaches any of this Agreement terms. All frauds are reported to the authorities and the Company reserves the right to cancel the subscription or account if any suspicion is raised.
4.6 Company and/or other third-party service providers own all rights including but not limited to intellectual and industrial property rights of the software, images, graphics, icons, designs, fonts, texts, logos, videos, illustrations, readymade presentations and all other assets provided within the Platform. The User shall not use, other than for the intended purpose, reproduce, copy, sell, resell, exploit access, process, transmit the above assets, information and components provided on the Platform and/or third-party service providers.
4.7 It is absolutely prohibited for the User (i) to engage in actions which may threaten the security of the Platform, (ii) to attempt or make anything hindering the working/functioning of software belonging to the Platform or the use of the Platform by other Users; (iii) to modify, reverse engineer, adapt or otherwise tamper with the Service or modify another website so as to falsely imply that it is associated with the Service, the Company, or any other software or service provided by the Company; to use the Platform in an illegal or inappropriate way.
4.8 Company treats all personal information confidential. As per Article 11 of the Law on the Protection of Personal Data, you may exercise your rights as the data subject by accessing us via our postal address or firstname.lastname@example.org email address. For detailed information regarding your personal data, please read the Privacy Notice.
4.9 The use of the Platform is at the user’s sole risk. Company is not liable for any damage or loss which may arise due to the use of the Platform by the User.
4.10 All legal, administrative and criminal liability shall belong to the User arising from the use of the Platform and conducting relevant transactions via the Platform such as creating and using Contents. Company shall not be held liable directly or indirectly from damages suffered or may be suffered by third parties as a result from activities conducted by the User via the Platform.
4.11 The Company does not warrant that the Platform (i) will meet any specific requirements; (ii) will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Platform will be accurate of reliable.
4.12 The User agrees and declares that links to other websites and/or platforms, documents or contents that are not under the Company’s control may be presented via the Platform, and that these kind of links are not for the purpose of supporting the relevant website or its operator/service provider or do not constitute any declaration or guarantee with respect to the website or information within, that the Company is not liable for the platforms, websites, documents and contents, services or products or their content reached via the said links.
4.13 The User is responsible for technical requirements, devices and internet network in order to access and use the Platform.
5. Limitation of Liability
5.1 To the extent permitted by applicable law, Company shall not be liable for any direct or indirect damages which may arise from a breach of the Agreement or other reasons related to the access to the Platform, use of the Platform or information and other data or programs etc. from the Platform, use of services or Content shared on the Platform. The Company shall not be liable for any fault, negligence, erasure or loss of data, delay of a process or communication, computer virus, communication error, theft, destruction, unauthorized access to or alteration or use of records resulting from a breach of the Agreement, negligence or other reasons. It is accepted that the Company is released from visits made to the Platform, linked websites or use of the Platform and any kind of liability, damages and claims including courts and other expenses arising out of the visits/use.
5.2 In any event, Company’s liability for the damages arising from this Agreement shall be limited to the amount of the monthly subscription fee applicable at the time of the occurrence of the damages.
6. Financial Terms
6.1 Upon the expiration of the trial period, the User may continue using the Platform by making payment in accordance with the payment model which will be determined by the Company.
6.2 The subscription fees specified on the billing page shall be charged automatically on the credit/bank card of the User either by the end of every month or year depending on the chosen subscription model.
6.3 No refunds shall be made in case the subscription is cancelled by the User.
6.4 Company reserves the right to change the subscription fees at its sole discretion, which will be taken into consideration on the next purchase of the User. The Company shall use its best efforts to notify such changes in writing to the User.
6.5 All prices shown on the Platform, are including VAT, in accordance with the applicable legislation.
7. Withdrawal Right
The User have right to withdrawal from the Agreement without any reason and/or paying penalty clause within 14 (fourteen) days from the date of subscription. The Company cannot be held liable for any delay or fault occurred due to the banks during the refund of the product price. As per the Regulation, the withdrawal right is not applied for the following contracts relating to:
- goods or services of which price varies depending on fluctuations in the financial markets and is not under control of seller or provider,
- goods prepared in accordance with the consumer requests or personal needs,
- delivery of goods that is perishable and may expire,
- delivery of goods of which protective elements such as package, seal, tape, packaging is opened after their delivery; and of which return is not suitable in terms of the health and hygiene,
- goods which are mixed with other products after the delivery and cannot be separated due to its nature,
- book, digital content and consumable materials of computer presented in physical environment of which protective elements such as package, seal, tape, packaging is opened after their delivery,
- delivery of periodical publications such as newspapers and magazines except for those provided under the subscription agreement,
- accommodation, transport of goods, car rental, supply of food-beverages which should be carried out on a specific date or period, and organizing leisure time for the purpose of entertainment or recreation,
- services performed instantly on electronic environment or intangible goods delivered instantly to consumer,
- services which are started to be performed with the costumer’s approval, before - end of period in which right of withdrawal can be exercised.
8. Force Majeure
The Company shall not be liable in the event of not fulfilling or late or incomplete fulfilling of the obligation of this Agreement in cases of force majeure. Events occurring outside of the relevant party’s control including but not limited to natural disaster, riot, war, strike, lockout, malfunctioning of telecommunication infrastructure, power outage and bad weather conditions shall be regarded as force majeure. The liabilities and obligations of the parties shall be suspended for the duration of any force majeure. If such force majeure event lasts longer than 1 (one) month, the party whose rights are violated shall be entitled to terminate this Agreement.
9. Suspension, Transfer and Termination of the Agreement
9.1 The Agreement shall be in force until the User terminates its subscription or in case the Agreement is terminated by the Company due to the reasons determined below.
9.2 In the event that the User fails to comply with the provisions of this Agreement and notices and declarations declared at the Platform, that the User’s activities within the Platform poses a risk in a legal, technical or information safety areas or violates third parties’ rights, the Company may temporarily or permanently suspend the use of the Platform or terminate the Agreement. The User shall not make any claims for this reason.
9.3 The Company shall be entitled to terminate, temporarily or permanently suspend the Platform and/or the Agreement at any time.
9.4 User shall not transfer this Agreement and/or its rights and obligations arising from the Agreement to third parties without Company’s explicit written approval. Company has the right to transfer the Agreement and its rights and obligations arising from the Agreement to third parties.
10. Dispute Resolution Agreement
10.1 The province and city consumer arbitration committees in the residential address of the Buyer or in the place where the consumer transaction is executed up to the monetary limits determined annually by the Ministry of Trade, and the consumer courts for above such limits have jurisdiction of any dispute arising from the Agreement.
10.2 For the disputes arising within the scope of this Agreement, Company’s records (including records kept on electronic media) shall be deemed as evidence according to Article 193 of Turkish Procedural Law. The User hereby agrees and declares that the User has been fully informed about the issues in Article 5 of the Regulation and approves the subscription and acknowledges its obligation to pay.
The User accepts and declares that by executing this Agreement, the User has been fully informed about the product(s)/service(s) and the Parties and the User confirms that the User’s information provided hereof is correct.