This user agreement (“Agreement”) is executed by and between,
- TWENTIFY CANADA, a subsidiary of Twentify, having its registered address at 390 March Road, Ottawa, Ontario, K2K 0G6 Canada (hereinfter referred to as “Twentify”)
- “User”, who becomes party to this Agreement immediately and directly by installing Web Portal into a tablet computer, handheld computer, mobile phone and/or similar electronic devices and creating user account on Web Portal in his name
with the terms and conditions stated below.
- Subject of the Agreement
Subject matter of this Agreement, clearly defines various conditions, necessities and restrictions for appropriate use of the Web Portal. Types of contents and actions against mission and philosophy of Twentify and main principles and rights and obligations of the Parties for the purpose of use of Web Portal are specified and agreed in this Agreement.
In line with the purposes of this Agreement, the terms stated hereinafter, in addition to the defined capitalized terms in other parts of the Agreement, shall bear the below meaning attributed to such terms:
Activity: any and all kinds of commercial activities, organizations, campaigns, promotions, advertisements, introductions, surveys, competitions, games and similar activities.
Task: tasks to be performed by the User, specified or to be specified on the Web Portal.
Task Data: any and all kinds of data, including voting, comments, analysis, voice records, photos, videos, location information and/or similar data, requested by Twentify/Customer, regarding tasks specified on the Web Portal requested by Twentify/Customer.
Service: service of performance of tasks specified on the Web Portal belonging to Twentify in line with requests of Customer and reporting of the results directly or via the Web Portal to the Customer.
User Account: the account, containing any and all kind of requested information, provided by the User, which involves name and surname, date of birth, sex, e-mail address and similar information of the User in order to be a member of the Web Portal.
Customers: all and any companies, requesting Service and providing goods and/or services, specified under tasks on the Web Portal.
Payment: payments, conditions and amounts as specified by Twentify, to be rendered by means of transfer, electronic funds transfer, mobile payment, PayPal, bank check, gift check and similar payment methods to the User for each task to be performed by the User on the Web Portal under the conditions of this Agreement.
Web Portal: all mobile applications, software programs, services web site named Twentify Dashboard whose rights belong to Twentify, and updates of these accessible via mobile phone, tablet computer, handheld computer and/or any similar electronic devices.
- Representations, Warranties and Obligations of User
User accepts and undertakes that the User understands all the matters stated below and shall perform relevant Tasks and Activities while the User uses the Web Portal.
It is the responsibility of the User to abide by provisions of this Agreement while the User uses the Web Portal. The User accepts to abide by the rules of relevant legislations, regulations, rules that have been generally accepted of the Internet Society and declarations made by Twentify. All and any legal, criminal and financial responsibilities, arising from non-compliance with declarations and legislations shall be borne by the User solely even in the case that this Agreement expires.
Provisions stated under articles IV and V aim to protect Service, Twentify, any Customer of the Service and the User from charges as to inappropriate, improper, derogative and illegal activities. Banned usage, defined herein, is specified as main principles as to inappropriate and improper manner and shall be construed under principle of numerous clauses.
- Software, equipment, patches, updates, upgrades or online network, web site or new versions of procured system software or equipment have been created by Twentify and all intellectual property rights, arising from relevant legislations and regulations, including Law of Intellectual Property Rights numbered 5846 are solely owned by Twentify.
The User shall not copy, reproduce, announce foregoing or use name/trademark/logo in a way that creates confusion without prior written consent of Twentify.
- The User accepts, declares and undertakes that the User is above the age of 18 and is a major and all the information given by the User is complete, true and legally and duly owned by the User.
- The User shall not perform the Tasks and Activities in the case that the User is below the age of 18 and infant. Otherwise the User shall not be entitled to request payments as to said Tasks.
The User accepts, declares and undertakes that the User shall use this information while the User takes actions related to this Agreement and the User shall provide information immediately to Twentify in the case that Twentify requests such information, which is deemed necessary. The User accepts, declares and undertakes that the User shall provide the documents proving such information to Twentify in the case that Twentify requests such documents.
- The User shall not allow third parties to use the Web Portal and Tasks or make them accessible by means of license, sub-license, sale, resale, lease, transfer, distribution or any other method. The User shall create an account in its own name and solely use it at his own account and shall not create more than one account and/or on behalf of third parties, shall not use the user account of a third party and disclose account password to third parties.
- The User shall not use the Web Portal for commercial purposes, and/or lottery, campaigns, advertisements, introductions, organization, survey, competition, game or any other similar activities purposes without the prior consent of Twentify.
- The User accepts, declares and undertakes that the User acknowledges that Twentify is able to identify the location of the User even the Web Portal application is running on the background and related to these matters, the User will not conduct any activity against interests of Twentify and will not make a claim from Twentify.
- The User accepts and undertakes that the User shall give permission to Twentify for using, disclosing and disposing any and all rights (including intellectual property rights) attached to the content owned by the User without charge and all intellectual property rights as to corrections, upgrades, improvements and any other similar changes made by the User related to the Web Portal is owned by Twentify.
- The User accepts and declares that the User shall not decode, transfer into source code, remove, amend, transfer, carry out reverse engineering and other similar activities regarding soft switches, source codes, algorithm, tags, architectures and any other likes of Web Portal for any reason.
- The User accepts and declares that the User shall not communicate with the Customers and make a request from the Customers without express written consent of Twentify.
- The User accepts, declares and undertakes that the User shall be responsible for covering data, mobile phone and similar expenses solely and shall not request anything from Twentify.
- The User accepts, declares and undertakes that the User shall be obliged to compensate any and all damages of relevant real persons and legal entities, arising from any behavior, movement and any other similar activities of the User in breach of this Agreement or the applicable laws immediately upon first demand in full and in cash.
- Other Prohibited Types of Use of the Software
- Transfer, distribution, recovery and storing of any and all kinds of unlawful data and materials are prohibited. This prohibition, without any restriction, is valid for the below matters, to be conveyed and spread via the Web Portal.
- Data infringing, damaging or manipulating intellectual property, publicity and privacy rights of third parties or rights and legal obligations of Internet service provider and subscribers;
- Contents and data, defined as, damaging children or infringing private lives and advertisement rights of third parties, involving illegal contents or data or harassing, forcing, derogatory, libelous, threatening, immoral, obscene, discriminating, of political view, religious comment or speculative comments, involving unfair or hate contents or harmful contents for children, outnumbering contents or contents to be conveyed and spread harming reputation of Twentify or third party service providers of it or Customers, if so determined according to the sole discretion of Twentify;
- Any and all kinds of illegal content or data involving drugs (heroin, cocaine etc.), pornographic, crime, violence or hate;
- Software products, including viruses, trojans etc., aiming to damage the system and data, to steal personal data and other types of data from the system;
- Certain, wrong or wrong router information or content;
- Any and all kinds of content that make Twentify, providers of Twentify or any other third parties liable;
- It is prohibited to send all kinds of undesired e-mail messages (“UBE or “spam”), short messages, instant messages or illegal and inappropriate social media messages.
- It is prohibited to use the Web Portal for sending spams or other repeater or undesired messages illegally and to carry out activities preventing running of the Web Portal within its natural purpose or exceeding capacity limit of Web Portal.
- It is prohibited for Users to have the accounts of third persons, unauthorized access to computer resources of third persons and/or to change data as to its identity, under its account, with misleading data or completely different data. It is prohibited for persons to send any kind of messages and communicate in electronic way, deviating from its purpose. It is prohibited to change source IP address in order to make the account look like account of another person or to use fake title and account. It is prohibited to conduct activities in order to block access of another person to service or the Internet. In addition to these, it is prohibited to announce data or content of another person or to announce data or content without authorization.
- Rights of Twentify
Twentify shall have right to enjoy rights stated below, without showing any reason, at any time and in any manner.
- Twentify shall have the right to install, download, record, remove, archive, use, collect, analyze, process, amend, reproduce, spread, share, disclose, sell, transfer, cooperate with third parties, synchronize with devices and conduct other similar activities on any and all kinds of contents owned or provided by the User provided that rules of personal data protection are followed.
- Twentify shall have the right to install cookie, software, program or similar data into all devices, on which the Web Portal has been installed, belonging to the User and to change the installed items.
- Twentify shall have the right to not to involve the User in some of the Tasks and Activities and to amend, restrict, cease, terminate, cancel and take similar actions regarding this Agreement, Web Portal, User Account, Tasks and Activities.
- Within the scope of this Agreement Twentify will notify the tasks, demanded by the Customers, to the User for the purpose of rendering of the Service to the Customers. Twentify shall have no liability as to Web Portal, Tasks, Activities, Customers and/or third parties.
- Twentify shall not be liable for any breakdown, technical incompetence and malfunction, error, delay, shutdown or any similar occasion on the Web Portal.
- Twentify shall not be liable for any act of Users, Customers and third parties.
- Twentify, provided that its other legal rights are reserved, shall have right to recourse to the User in order to collect the total amount of money, paid by Twentify, and to deduct such amount from the amount of money to be paid to the User by Twentify in the case that Twentify is made subject to any kinds of legal, administrative and/or criminal sanction due to acts of the User even the Agreement expires.
- Task and Payment
- Twentify shall have right to request any data showing that the task has solely been performed by the User, from the User within 2 (two) months following the date of delivery of the results of the Task by the User. Twentify shall have right to refrain from making Payment as to the Task to the User or request the User to make the Payment back in the case that Twentify has a doubt on whether the User performed the Task by itself or the User does not provide the data as requested by Twentify within the said period of time.
- The Task shall be deemed to have been performed by the User only if the User carries out all instructions as to the Task, as specified on Web Portal, and conveys information as to the Task as per Task Data, instructions, actual situation and methods as requested to Twentify via the Web Portal.
- The Task shall not be deemed performed in the case that Task Data provided by the User is not in compliance with instructions given by Twentify, actual situation and methods or Task Data has low quality and/or Task Data is not accepted by Twentify/ usable/ processable in which case the User shall not have right to claim a right and make a claim as to the Payment.
- The User shall be entitled to have Payment for each Task performed by the User as per the Agreement for once.
- The User shall not request any amount of Payment to be changed or made in cash or make similar requests or claims. The User shall not request any modification on the Payment.
- The User shall not assign and/or make use of its rights as a Payment received by the User, except for money, upon performing Tasks, to third parties or allow third parties to enjoy such rights.
- The User shall not claim any additional benefit in exchange for suggestions, comments or likes given by the User on the Web Portal.
- The User, in order for the Payment to be made to the User, shall enter into the payment information section under his profile of Web Portal and fill in the form with the information belonging to the User, namely identity number, address, province, mobile phone number, bank account information, including IBAN, educational background and occupation and convey the form to Twentify on condition that the Task is performed and such performance is notified to the User by Twentify. The Payment shall not be made in the case that such information is missing and/or incorrect and correction is not made on such information by the User upon demand.
For the User to be able to claim Payment as stated above, the User shall have performed the Task as per the provisions of this Agreement and perform Tasks at the worth of at least $1 Canadian Dollars at any time.
- Relevant Payment will be wired to the account belonging to the User under Web Portal within a time period between 3 (three) days to 60 (sixty) days following the date when the Task completion form is conveyed to Twentify. The User can have the Payment in form of cash or buy goods from the market system on the Web Portal.
- If the User requests the Payment in form of cash, Twentify will issue note of expenses, in the name of the User, based on the Payment, to be requested by the User and legal obligations as to such note of expenses will be followed by Twentify. ANY AND ALL TAXES OWED, INCLUDING INCOME TAX ARISING FROM THE TASKS PERFORMED BY THE USER, WILL BE THE RESPONSIBILITY OF THE USER.
- Bank, transfer, Cargo, mail and any other similar expenses as to the payments shall be borne by Twentify. In some cases the User will be required to pay any 3rd party fees associated for receiving payment.
- The User shall not be entitled to request the Payment regarding the Tasks, performed by the User, if the user account is closed upon request of the User or due to acts against this Agreement.
- Term of the Agreement and Termination
- This Agreement shall be valid and in force between the parties as long as the User Account remains open provided that other provisions are reserved.
- Twentify shall be entitled to terminate this Agreement (a) by relying on following justified reasons (i) if a warning is sent due to breach of the Agreement and such breach has not been remedied within (five) days following delivery of the warning or (ii) if bankruptcy, insolvency, liquidation, dissolution and termination or transfer for benefit of its creditors is initiated against the User or (b) by giving 3 (three) days prior notice to the User provided that Payments, belonging to the time period between the date when the termination notice is sent and the date when this Agreement is terminated are paid. User Account will be frozen by Twentify until the time when the next notification is sent without paying any consideration in the cases stated above.
- General Provisions
- Parties are independent contractors. This Agreement does not constitute an employer-employee relationship, partnership, franchise, joint venture, agency or fiduciary relationship.
- Apart from the Parties mentioned in this Agreement, no third person beneficiaries of this Agreement exist.
- Twentify may notify the User through the Web Portal, mail, telephone, facsimile, e-mail, text message (SMS) and/or web site.
- Not exercising or delaying of exercising one of the rights stated in this Agreement shall not constitute waiver of such right. Unless otherwise explicitly stated herein, the legal remedies stated herein, are regulated non-exclusively in addition to the legal remedies regulated in the law or legal remedies anticipated equitably.
- In case any of this Agreement’s provision is found illegal by an authorized court, this provision will be amended by the court and it will be interpreted in the way of the provision’s main purpose, to the extent permitted by law. Besides, the remaining provisions of the Agreement shall stay in force.
- The User shall not transfer its rights or obligations, stated herein, by operation of law or other way, without the prior written consent of Twentify. Twentify has the right to assign at its sole discretion.
- Turkish Law shall apply to this Agreement and this Agreement shall be interpreted according to Turkish Law.
- Istanbul Courts and Execution Offices are authorized by the parties in order to settle any and all disputes arising from this Agreement.
- Parties shall not be liable for its non-performance in case the situations and causes are out of their control or unpredictable, including but not limited to act of god, war, terrorism, rebellion, embargo, civil or military authority’s acts, fire, flood disaster, accident or strike, labor problems (except for the affected party’s labors), the insufficiency of computer, telecommunication, the Internet, Web Portal providers or hosting providers or delays in hardware, software or power system which are not under the control of one of the parties. In so far the Party not being able to perform its obligation shall notify the reason of nonperformance to the other party immediately and shall make reasonable effort to prevent the delay.
This Agreement consists of 10 (ten) provisions, and comes into force at the time, when the User creates its account, between the Parties.