2.2.“Website” https://invidza.com website,
2.3.“User” means people who use the Website for any reason,
2.4.“Member” means the User who determines a username and password for himself, subject to the acceptance of this User Agreement by registering his e-mail and mobile phone,
2.5.The real or legal person who sends an Order request through the "Order Owner" Website,
2.6..“Online Payment System” The fee for the creation and sending of the digital video of the video invitations that the Service User will order through the Website can be paid by credit card, debit card, other payment methods that support online payment provided by banks, under the terms and conditions set forth in this Agreement. system for collecting
2.7.“Agreement” means this User Agreement,
2.8.“Invited” means the User who receives the video produced by invidza.com as a result of the Order Owner's order request,
2.9.“Advertiser” means the third party or company that produces sponsored – branded content through invidza,
2.10.“Regulation” is the Regulation on Service Providers and Intermediary Service Providers in Electronic Commerce, published in the Official Gazette dated 26 August 2015 and numbered 29457,
3. Services Offered by invidza.com
3.1. invidza.com offers its Members the service of creating a large number of personalized video invitations and sending them to their guest lists via SMS and/or WhatsApp.
4. Membership System
4.1. Membership to the Website is free of charge. Members may create multiple Invitation Orders through a single Member account. Determining and protecting the password is the user's own responsibility. Username and password should not be shared and should be carefully protected. The member is directly responsible for the malicious use of his account by other people due to his own fault. İnvidza.com has the right of recourse to the Member for any legal/administrative fine and/or compensation that it will have to pay for this reason.
4.2. All kinds of information, such as name, address, telephone, e-mail, tax office, declared on the Website while creating a member account, must be up-to-date, correct and complete. invidza.com is not obliged to check the accuracy and up-to-dateness of such information. Responsibility for damages incurred by Members or third parties due to inaccurate or incomplete information in question belongs to the relevant Member.
4.3. Membership usage rights, user name and password cannot be transferred to others.
5. Order Request Creation
5.2. In order to create a valid Order Request, the necessary information (personalized texts, guest list, invitee contact information, payment method preference and payment information) must be provided completely, accurately and clearly, and its content must comply with the conditions specified in this Agreement.
6. Content of Order Request
6.1. The information, documents and statements given by the Member making the order request (a) shall not violate the intellectual property rights or other rights of any third party such as copyright, patent, trademark; (b) violate any applicable law or secondary legislation (such as export control, consumer protection, unfair competition or misleading advertising, etc.); (c) Statements that are contrary to general morality and public order, that are dishonest and inaccurate, deceptive, misleading or abusing the lack of experience and knowledge of third parties, endanger life and property safety, disrupt public health, abuse patients, the elderly, children and the disabled, and will not contain promotional statements; (d) shall not engage in unfair competition with other licensed, authorized or licensed persons and institutions by providing services without a license, permit or license, although it is one of the services that can be performed under a license, permit or license; (f) will not be obscene or contain child pornography; and (g) will not contain harmful software such as viruses, Trojan horses, or harmful computer programming practices intended to harm any system, data or personal information. Otherwise, invidza.com has no responsibility, and the said responsibility belongs to the Member who has the order.
6.2. Invitees who want to leave the mailing list and are disturbed by the sent content may request to leave the list of invitees they are included in, in accordance with the conditions specified in the KVKK Agreement, from the Order Owner, and from invidza.com in case of disagreement.
6.3.invidza.com has the right to block the access of the content that is found to be contrary to the conditions specified in the 1st paragraph of Article 6 of this agreement as a result of the complaint and to suspend the Membership of the Orderer. In this case, no Order Holder may request a refund.
7.1. The price to be paid for the personalized video invitation creation and sending service offered on the Website is collected at the order stage after the completion of the video editing stage. The price to be paid by the Event Owner includes the cost of creating the videos to be created by the number of people to be sent and the shipping cost. The Event Owner can use the Online Payment System, debit card, credit card or a similar payment tool and other payment systems for payment. In payments made using the Online Payment System payment option, if the card is used unlawfully by someone other than the holder of the card, Bank Cards and Credit Cards Law No. 5464 dated 23.02.2006 and Debit Cards and Credit Cards published in the Official Gazette dated 10.03.2007 and numbered 26458. Transactions are made in accordance with the provisions of the Regulation on Cards.
7.2.invidza.com reserves the right to update its Pricing Policy, which determines the pricing for the personalized video invitation creation and sending service offered on the Website. Pricing of transactions made before the update will not change.
7.3.Payments are invoiced for real and legal persons and invoices are sent to the relevant Member via e-mail.
8. Refund of Service Fee / Exercising the Right of Withdrawal
8.1. Refunds cannot be requested for orders that have been successfully created and sent videos.
8.2. In the process of creating and sending videos, videos that have not been received by the Invite as a result of user-induced error (lack of contact information, wrong timing of sending, etc.) cannot be claimed for a refund of fees and shipping rights.
8.3. In case the 3 shipping rights granted to the Event Owner for each Guest, paid for with the order confirmation, cannot be transmitted due to the Guest's preferences regarding the Personal Data Protection Law or the current situation (network problems, e-mail service restrictions, etc.) the fee is charged. or refund of shipping rights cannot be claimed. Resends over three submissions will be charged again.
8.4. The information of the invitations that do not reach the Invite as a result of errors originating from invidza.com in the video creation and sending processes is given to the user, invidza.com produces solutions to compensate for the error; or, at the option of the Event Owner, refund of fees or shipping rights. If the submissions cannot be completed on the promised date as a result of errors originating from invidza.com, invidza.com will contact the Member for a refund or service renewal.
8.5. The video invitations that reach the Invite early or late as a result of the sending time errors caused by the Event Owner will not be refunded for the fee or the right to send.
8.6.invidza.com has the right of compulsory cancellation in cases where it cannot process the Order Request and contacts the Member for a refund of the fee or shipping right as a result of the compulsory cancellation.
8.7. Provided that the Order Request cannot be processed and the video invitation sending and creation service cannot be provided by invidza.com, the Event Owner has the right to withdraw from the contract within 14 days following the order request without giving any reason and paying any penalty. It is sufficient to notify the notification regarding the use of the right of withdrawal within this period in writing to the e-mail address of firstname.lastname@example.org with the phrase [Cancellation Request] in the subject line.
9. Service Liability, No Warranty, and Independence of Relationship
9.1. invidza.com only provides the infrastructure for the Web Site and does not have primary responsibility for the content created and sent. The Event Owner accepts and undertakes that the information and content of the video invitations and contact lists created on invidza.com are correct and in accordance with the law, and that the documents, information and content will not cause any violation of rights. invidza.com may partially or completely suspend the Event Owner's opportunity to benefit from invidza.com due to its use in violation of this Agreement and the relevant legislation.
9.2. invidza.com does not guarantee the exact accuracy of the RSVP (attendance information, number of participants, etc.) information provided by the Invitees. RSVP information changes not made through invidza.com, or RSVP information changes that are not controlled by the Event Owner, are between the Event Owner and the Invited; invidza.com takes no responsibility.
9.3.invidza.com, the address, time, clothing condition, etc. provided by the Event Owner in the video invitation content. does not guarantee the exact accuracy of the information.
9.4. invidza.com does not accept responsibility for the validity of promised campaigns in sponsored and branded content created for other brands. Details on the validity of ads in video invitations with ads are between the Advertiser, the Host, and the Invite.
10. Authorizations Granted to invidza.com
10.1.invidza.com may temporarily suspend or stop the operation of the system. In this case, at the time of the Order Request, the Event Owner may request a refund.
10.2. invidza.com or the payment institution it cooperates with may temporarily suspend or completely stop the possibility of the relevant Users to make online payments by credit card due to transactions that raise security concerns. For this reason, invidza.com has no responsibility towards its Users or 3rd parties.
10.4.invidza.com may notify its Users of promotions, new services or projects or news via e-mail or push notification. If users do not want to receive such e-mails, they may stop receiving such notifications by giving a written notification to [email@example.com] or through the commercial communication channel that reaches them.
10.5. The Event Owner and the Guest are responsible for any disputes that may arise between the Event Owner and the Guest.
10.6.In order to protect the integrity of the Website, invidza.com may at any time, on its own initiative, prevent certain Users and Users from certain Internet Protocol addresses from accessing the Website.
10.7. The Member and the Event Owner are legally and criminally responsible for the content they upload to invidza.com in accordance with Article 4 of the Law No. 5651. Distribution of content by invidza.com does not bind invidza.com; It does not remove the responsibility of the Event Owner and the Member.
10.8.invidza.com reserves the right to make some or all of the services for a fee or free in the future. The pricing and commission policy of some services may vary from time to time depending on the number, intensity or quantity of services purchased or provided.
10.9. If it wishes, invidza.com may use SMS, e-mail or other technical means to verify Users' e-mail address, mobile phone number and other information.
10.10. Invidza.com may prohibit the Members from using the Website and accessing Membership rights, suspend the Membership, temporarily suspend the use, if it is determined that the Members have violated this Agreement or to the extent required by the situation, without having to show any reason.
10.11. In accordance with the legal regulation brought by the Revenue Administration, e-invoice and e-archive invoice applications were started on invidza.com. The e-archive invoices of Users who are not e-invoice users will be created and kept in electronic environment. Notification regarding invoices created in electronic environment will be made to the e-mail addresses of the Users within 7 days at the latest and the invoices will be sent via e-mail in PDF format. Invoices created electronically can be used as legal documents before all official authorities and authorities.
GENERAL RIGHTS AND OBLIGATIONS REGARDING ALL USERS
11. Relations with Users and Transactions (All Users)
11.1. Users are fully responsible for the relations between each other.
11.2.Users, while communicating with invidza.com employees, are racist, hate speech against any group or person, violate personal rights, insult, harass or defend harassment, praise illegal activities, create unfair competition, threatening, obscene, cannot use content that is defamatory and slanderous. Otherwise, it may require the termination of the User's rights and the notification of the situation to the official authorities when necessary.
12. Website Content
To the extent legally permitted under applicable law, 12.1.invidza.com does not undertake that the Website will be error-free, uninterrupted or secure, or that the use of the Website or any content, search or link on it will provide specific results; and
12.2.invidza.com cannot guarantee that any file downloaded from the Website will be free of viruses or other dirty or destructive features.
13. Limitations of Liability
13.1.Invidza.com is not responsible for the acts, omissions and behaviors of any third party, Web Site users, advertisers and/or sponsors in relation to the Web Site or the use of the web site, as far as legally permitted under applicable laws.
13.2.invidza.com is not responsible for any data loss arising from the operation of the Website or the implementation of its terms.
13.3.invidza.com takes reasonable precautions for protection. However, it does not accept responsibility for the consequences that may arise if the User's information falls into the hands of malicious persons as a result of attacks on his computer network and the existing database information on this network, and if they are used maliciously.
14. Copyright Policy
14.1.invidza.com, all domain name, logo, graphic, sound, icon, design, text, image, html code, other codes, demonstrative, written, electronic, graphic or machine-readable technical data contained in the Website content, is the owner or licensee of all materials (“Materials”) and related intellectual and industrial property rights, including the applied sales system, business method and business model, and are under legal protection. Unless otherwise stated, it cannot be used for commercial or personal purposes, in channels other than invidza.com, without citing the source.
14.2. The right of the software used in the design of these pages and the creation of the database belongs to invidza.com. It is strictly forbidden to copy or use the aforementioned software and to reverse engineer the software and technologies used.
15. Content on the Website
15.2. invidza.com reserves the right to remove illegal or prohibited content from the Website and to terminate the membership of such violators. This provision includes, but is not limited to, the following types of content:
- is clearly offensive or insulting to the other User, such as content that promotes racism, hatred and physical harm against any group or individual;
- harassing or advocating harassment of the Other User;
- Promotes information known to be false or misleading;
- Encouraging illegal activities or using disparaging statements about others, creating unfair competition, threatening, obscene, defamatory and slanderous behavior;
- Promotes the illegal or unauthorized copying of someone else's copyrighted work, such as by providing pirated computer programs or links, providing information to circumvent copy-protected devices installed during production, or providing pirated images, audio or video files, or linking to pirated image, audio or video files;
- Contains prohibited or password-accessed pages or hidden pages or images (not linked from another accessible site);
- Provides sexual or violent material that exploits individuals under the age of 18 or requests personal information from an individual under the age of 18;
- Provide instructional information about illegal activities such as the manufacture or purchase of illegal weapons, violation of another's privacy, or giving or creating computer viruses;
- Containing commercial activities and/or sales such as contests, sweepstakes, barter, advertising and pyramid scheme without our prior written consent;
- Misusing the personal information of others,
15.3. Violating the intellectual and industrial rights of individuals, such as trademarks and patents, Involves unfair trade practices and limits competition, and Violates national and/or local consumer protection laws.
16. Dispute Resolution and Competent Court
16.1.This Agreement is subject to the laws of the Republic of Turkey.
16.2. The parties first endeavor to settle any disputes arising from the application and interpretation of this Agreement amicably among themselves. They accept and declare that Ankara Courts and Enforcement Offices are exclusively authorized for the resolution of disputes that cannot be settled amicably.
17. Retention of Information and Evidence Agreement
17.1. User information, offers, comments/evaluations etc. registered in the invidza.com system. stored for at least three (3) years.
17.2. The parties declare, accept and undertake that in case of disputes that may arise from this Agreement, the commercial books and records of invidza.com and the data stored in invidza.com systems will accept conclusive evidence in any dispute in accordance with Article 193 of HMK No. 6100.
18. Breach and Termination of Contract
18.1.invidza.com may terminate this Agreement unilaterally, without prejudice to its claims arising from this Agreement, if it determines that the Agreement has been violated.
18.2. The Parties may terminate this Agreement at any time. At the time of termination of the contract, the rights of the parties to each other remain unaffected.
This Agreement will remain in effect as long as the Website continues to be used and a new agreement is not presented to Users by invidza.com.