In order to create and manage your own Atma account whether you are under the age required in accordance with the legislation of the Republic of Turkey to, you must obtain permission from your parent or your legal guardian. Please read these terms with your parent or legal guardian. By accepting these terms, you are deemed to have accepted and committed that you comply with this warning.
Whether you, as a parent or legal guardian, allow your child to use the services, these terms apply to you and your child's use of the services and the use is your responsibility by law.
This Terms of Service refer to your access to the mobile applications of “Atma” on all operating systems (provided that each operating system’s own rules are reserved) and to the “Atma” website, the intellectual property of “Atma” and you in relation to your use of these applications or sites and the “Aya Tech Bilgi Teknolojileri Pazarlama ve Ticaret Anonim Şirketi” that has all external legal rights.
The Terms of Service will be referred to as “This Agreement”.
“Aya Tech Bilgi Teknolojileri Pazarlama ve Ticaret Anonim Şirketi” in this contract; It will be referred to as “Legal Person”, “Our Party” or “Atma Family”.
Mobile applications in all operating systems where “Atma” takes place will be referred to as “Application”. The website with the domain address www.atma.shop will be referred to as the “Site”.
In This Agreement, it will be referred to as “Service” together with all products and services offered to the other party of this contract through the Application and Site.
The acceptance of This Agreement includes the additional terms and conditions made to This Agreement by reference, and these parts are specified in the contract.
The information you provide in relation to the Service, including the Product Advertisements and other presentations given below, are correct, complete and will remain correct and you will keep updated such information correctly, you hereby declare and undertake that you accept that you may have legal or criminal liability for the legal consequences that will arise otherwise.
2. Platform Principles: You agree that you will comply with the Platform Principles at “atma.shop” and updated by us from time to time. The Platform Principles include, among other things, the prohibited product, our list of prohibited services and our code of conduct. In case of detecting violations of these principles and especially prohibited products and services, you are deemed to have accepted to compensate the legal damages determined by legal means, to remove the relevant content immediately to both other users and Atma Family.
4. Product Advertisements: The Service includes a platform where users can post and browse ads (“Product Advertisement”) for products, real estates and services. None of Product Advertisements are provided by Our Side only by the users. There are no responsibilities of Atma Family for the mentioned advertisements and they are only limited within the scope of the provisions of This Agreement. Product Advertisements do not represent any legal offer or acceptance by Atma Family.
Please act in compliance with the relevant provisions of the Turkish Law Legislation when purchasing, selling, renting or leasing or otherwise participating in a transaction regarding the advertisement of any product or paying or receiving payment for the product through the “Service”. It is deemed to have been accepted by This Agreement that the Legal Person does not have any legal responsibility for any legal action, request, acceptance or negotiations between the parties regarding these matters.
The availability or advertisement of any Product Advertisement through the “Service” does not mean that we approve the relevant product advertisement or product advertisement provider. Any warranty for any Product Advertisements or users does not exist outside the requirements of the Turkish Law Legislation. Information on any Product Advertisement or the availability of a Product Advertisement may be changed at any time without prior notice.
With the acceptance of This Agreement that you accept and undertake that with the Turkish Law Legislation in force regarding the marketing, promotion of the subject of Product Advertisements, negotiations on the Product Announcement, sale, purchase, delivery, receipt, possession and use, accepted and committed. Our right to remove any Product Announcement for any reason is always reserved in accordance with the Turkish Law Legislation.
You declare that you have the permissions, all the necessary authorization and authorization to post a Product Advertisement and to take any action regarding any Product Advertisement or to carry out any transfer, and whether you are not of the legal age to do so, with the consent of the appropriate parent or legal guardian.
5. Presentations: You can present the data that can be used to personally identify you through Product Advertisements, creating profile pages, presenting to the platform, connecting via social media, message boards, chatting, commenting and other interactive channels of the Service (“Presentation”). You are legally responsible for every Presentation made by you. Atma Family has no control over the use or misuse (including distribution) of the Presentations by any third party, nor is it legally responsible. For this reason, you should avoid violating Turkish Law in all kinds of interactions with the third parties.
6. License: The rights to Presentations are owned by you. Without making any additional payment to us, you or any third party for each Presentations and interaction you make; reproduce, disseminate, present and exhibit each Presentation (publicly or otherwise), create derivative works of each Presentation, adapt, modify and otherwise use each Presentation, or use such Presentation now. Worldwide, royalty-free, fully paid, non-exclusively, to analyze and use in any known or future-developed format or media and for any purpose (including promotional, but not contrary to the Law) you grant a perpetual, irrevocable, transferable, and sublicensable (over multiple phases) license in any way. With the acceptance of This Agreement, you accept and undertake that you have carefully read this article and explicitly agree.
In addition to this, whether you provide us with an opinion, suggestion, offer or other content regarding the Service or otherwise (“Feedback”), such Feedback will be considered a Presentation under This Agreement. By accepting This Agreement, you agree, declare and undertake that the aforesaid Feedback is not confidential and that you submit the Feedback to us free of charge, without any request and without any limitations, that it does not create any liability on the Atma Family.
You have all the rights and ownership necessary to grant all licenses granted in this section, and that your Submissions and Submissions you provide through or in connection with the Service will be complete and accurate, not fraudulent and unfair, as well as by any other applicable law or a third party. You declare and undertake that it does not violate the rights of the party. You hereby irretrievably waive any rights you may have under any applicable law under any legal concept regarding the copyright or integrity of any “Moral rights” and or the content of the Presentation.
8. Featured Product Advertisements and Presentations: We may offer certain advanced features (such as “highlighting” your Product Advertisement in the post) in connection with the Service (“Paid Services") for a fee (“Fees”). All Fees are specified or will be stated in the Application or the Site and are determined in Turkish Lira. It does not include current taxes. Payments will be charged through the app store where you originally downloaded the App or through the licensed payment system companies we work with. You can directly access the applicable “in-app” purchase rules and policies from the application stores. All billing and refund questions should be directed to the appropriate app store. Delivery of Paid Services will be provided immediately after purchase.
Some of the Paid Services may be offered on a subscription basis with automatic renewal payments (“Subscription Services”). The billing period for each subscription service type will be as specified in the Application or Site at the time of purchase. You can manage your subscriptions from your account in the application store. In order to cancel any Subscription Service, you must submit your cancellation from the appropriate application store. In order to avoid being charged for charges for the next billing cycle, you must cancel a Subscription Service before the next billing cycle begins. Following any cancellation, you will continue to have access to Subscription Services until your current billing period ends, and then the Subscription Service will automatically terminate. If you delete the application or account to which the subscription was applied, the subscription will expire in full even if it is time-dependent and the billing period is not over.
In whole or in part, the right to change the fees is reserved by the Atma Family. Any changes in fees will be applied to the next billing cycle. All sales of Paid Services (including any Subscription Service) are final and will not be refunded, except for those stated above or otherwise expressly agreed by Our Side. No refunds or credits will be given for partially used Subscription Services periods.
9. Reaching to the Seller Feature: Within the Service scope, there is a feature where you can share the phone number you gave to the Application during registration with your Product Advertisement so that other users can call you from that number. By selecting or opening this feature button, we would like to inform you that we will share your phone number with the other party only if you consent to the Service users in the Application who review your Product Advertisements. Whether you give your consent, we do not make any declaration or guarantee your phone number’s security as it will be made public within the Application or the Site.
While communicating and talking with other end users of the Service, staying within Turkish Law's boundaries; Use common sense, be careful and follow the Platform Principles.
10. Your Restricted Rights: The Application is licensed (not sold) to end-users. You install the Application and the Site on a mobile device that you own or control for your use only on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, provided that you comply with this Agreement and only for the period during which you are permitted to use the Application by the Company. You are permitted to use it, limited to This Agreement and its annexes.
Whether you do not comply with this Agreement's terms and conditions, you should stop using the Application immediately and remove the Application from your mobile device. Re-use of the Application is prohibited until you are expressly permitted, and you agree and undertake that you will be prohibited from using the Application on any mobile device. If you do not accept the system permissions required by the Application, you are deemed to have accepted that you cannot use the Application or a specific part of its functions. You are entirely responsible for obtaining, maintaining and paying for all hardware, telecommunications and other services required to use the Service.
You may also view one (1) copy of any part of the Site that has been given access to you by the Company under This Agreement for your personal non-commercial use on any device, provided you comply with this Agreement and as long as the Company allows you to use the Site.
11. Property Rights of the Company: Legal Person; It has all the property rights regarding the Service and all the legal rights regarding the Service protected by laws. Our trade names, trademarks and service marks include, but are not limited to ATMA and any associated logos. Matters regarding our Services, which are not included in this Agreement, are reserved. All trade names, trademarks, service marks, and logos that do not belong to us in the Service are their respective owners’ property. Our trade names, trademarks, service marks or logos cannot be used in connection with any product or service that is not owned by Our Side, or in any way that could cause confusion we require our express and written consent. Besides, no data in the Service can be understood as granting the right to use the trade name, trademark, service mark or logo without the owner’s explicit and written consent.
12. Third-Party Materials: Certain data, products, services, and other materials provided by third parties, including Product Advertisements and other Submissions (“Third-Party Materials”), may be accessed by Our Side or the posting of such Third-Party Materials by your use of the Service or it may be allowed to be forwarded.
Third-Party Materials are not controlled or approved by Us. As Atma Family, we do not have any legal responsibility from Third-Party Materials. The Atma Family makes no representations or warranties about Third-Party Materials. We may not observe Third-Party Materials in accordance with our policies and Turkish Law Legislation, and we may block or disable access to Third-Party Materials through the Service at any time, whether deemed necessary. The availability of Third-Party Materials through the Service is not an endorsement of such Third-Party Materials provider. We cannot claim that we have any relationship with the Third-Party Materials provider.
If you use Third-Party Materials, all legal and criminal liability belongs to you. In case of your use, it is subject to additional Legislation and provisions that apply to Third-Party Materials.
13. Promotions: Sweepstakes, contests, lotteries, surveys, games or similar promotions (collectively “Promotion”) offered through the Service can be regulated by rules separate from This Agreement. If you are participating in any Promotion, please review the applicable rules. If the Promotion rules conflict with This Agreement, you acknowledge and agree that the relevant Promotion rules will apply.
14. Limit of Guarantees: Provided that it is to the broadest extent permitted by Turkish Law; the Service and any Third-Party Materials are provided by Our Side "as is", "in situ" and "where available" without any express, implied or legal warranty by the Legal Person. The Legal Entity rejects any warranties regarding the Service and any Product Advertisement and Third-Party Materials, including warranties of merchantability, fitness for a particular purpose, non-infringement and ownership.
All kinds of irresponsibility provisions stated in This Agreement cover both the Legal Person and the persons affiliated with the Legal Person. Besides, it also applies to the partners, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers of legal entities mentioned separately in the previous sentence and their successors and assignees separately and respectively.
There is no guarantee that the Service is or will be up-to-date, complete, accurate or secure, or that access to the Service will not be interrupted. The Service may contain errors and materials that violate or contradict this Agreement. In addition, third parties may also make changes to the Service even though they are not authorized. In case of such a change, detailed information about it and its place within the scope of the Service share with Atma Family via “firstname.lastname@example.org”address.
15. Limitation of Liability: Provided to the broadest extent permitted by Turkish Law; Legal Person in any contract, tort, impeccable liability, or otherwise, including committed by any negligent act; any indirect, incidental, consequential, special, incidental or punitive damages, including loss of profits, use of data, loss of other intangible assets, loss of presentation security (including capture by third parties of any presentation) will not be responsible, even if the possibility of occurrence has been announced in advance.
Provided that it does not limit the above; The Legal Entity is not liable for damages arising from Third-Party Materials, from the user’s use or inability to use the Service or from any Product Advertisement or any transactions or transfers related to the Product Advertisement, including disputes with another service user. The Atma Family will always do its best regarding problems related to the Service and Third Party Materials, and it is acknowledged and committed by the user that the only and complete solution that can be applied as a user in case of dissatisfaction with this is to stop using it. The sum of the maximum liability of the Legal Person from This Agreement regarding all the above-mentioned issues; Whether you have made a payment to the Legal Entity due to using the Service, it is limited to the total amount of the payment or 50 (Fifty) Turkish Liras, and it is limited to the higher of these limits. The payment limit for this matter is limited to a large amount. All these limits are also valid for the parties specified in the Limits of Guarantees Section.
16. Compensation: To the fullest extent permitted by applicable law; you accept to defend, compensate, pay and preserve the following subjects: The Company, its Subsidiaries, their respective successors and assignees, (a) your use of the Service or your activities (including Presentations) in connection with the Service; (b) Product Advertisements, transactions regarding Product Advertisements, or transfer or disputes between you and other users of the Service; and (c) agree to defend, indemnify and hold harmless against all claims, liabilities, damages, provisions, decisions, losses, costs, expenses and payments (including attorneys’ fees) arising from or in connection with your breach or alleged breach of This Agreement by you.
17. Termination: This Agreement is valid until terminated. The Legal Entity can always cease or suspend your use of the Service for any reason or without any prior warning. After such termination or suspension, it is deemed that your right to use the Service will immediately terminate. Atma Family may take technical and/or other measures to block your access to the Service. Sections [2-3, 9, 12-13 and 15-24] will survive even after the expiration or termination of This Agreement.
18. Applicable Law: This Agreement shall be interpreted according to the Republic of Turkey's Law.
19. Information or Complaints: For any questions and complaints about the Service, please contact Atma Family via the “email@example.com” address, via e-mail. As an alternative; You can also contact the “Emniyet Evleri Mah. Eski Büyükdere Cad. Sapphire Blok No: 1/4 İç Kapı No:20 Kağıthane / İstanbul” address by mail. Your credit card information or other sensitive information should not be included in any way in the communications with Atma Family and employees specified in the previous sentence.
20. Copyright Infringement Claims: Whether you think that the materials accessed through the Service infringe your copyrights, A written notice may be sent to the Legal Person by mail, e-mail or fax requesting the Legal Person to remove the said material or to block access to the material by you. The previous sentence also applies to those who believe that someone has erroneously filed a copyright infringement notice against you. These notices, in writing, to our attorney regarding copyrights may be sent with mail Emniyet Evleri Mah. Eski Büyükdere Cad. Sapphire Blok No: 1/4 İç Kapı No:20 Kağıthane / İstanbul address or “firstname.lastname@example.org” via e-mail.
21. Changes: We may amend the changes to This Agreement and its annexes, including posting through the Service, as Atma Family, where necessary, by notifying you through appropriate communication tools. The changes as mentioned above will start to be applied on the condition that they are effective as of the date you are informed about the changes announced or otherwise, or the period specified in the relevant amendment text.
Whether you continue to use the Service after the changes in the above paragraph, the user accepts and undertakes these changes. When there are changes regarding This Agreement are stated on the page where the text of This Agreement is reached. All or part of the Service can be changed or stopped by us at any time without any responsibility of the Legal Person. The fees required to use the Service can be added, changed or removed entirely. Opportunities can be offered to all Service users or some of them as required by the platform.
22. Other Provisions: This Agreement does not set any partnership, employee-employer, agency or franchisor-franchisee or similar relationship between you and Atma Family.
In cases where any provision of This Agreement is unlawful, invalid or unenforceable for any reason, only the validity of the relevant provision will be affected, and all other provisions will continue to have the same consequences. With the User's acceptance, it accepts and undertakes that it cannot assign, transfer or sublicense a specific part or all of the user rights or obligations under this Agreement unless express written consent given in advance by the Legal Entity.
Some or all of the rights and obligations before the Legal Entity under This Agreement can be assigned, transferred or sublicensed without any restrictions. A waiver of any breach or default under This Agreement by either party shall not be deemed as a waiver of previous or subsequent breaches or defaults. Any heading, subtitle or section title contained herein is only for the convenience and does not describe or explain any section or provision. All terms defined as the singular will have the same meaning when used in the plural unless appropriate and unless otherwise stated. This Agreement constitutes the entire agreement between you and the Legal Entity, including all terms and conditions in This Agreement, which relates to the subject matter of the agreement, and it is written or concurrently concluded between you and the Legal Entity in relation to the subject matter. Notifications to you (including notifications regarding changes in This Agreement) can be made by posting on the Service, by e-mail or by regular mail. Without limitation, the printed version of This Agreement and any notification given in electronic form, in judicial or administrative proceedings arising from or related to This Agreement, to the extent that original and printed business documents and records are accepted and practised as the same conditions. are acceptable as a subject. The Legal Person cannot be held legally or criminally liable in any way if it fails to fulfil its obligation for any reason outside its jurisdiction.
23. Terms and Conditions Specific to IOS: In addition to the above terms and conditions of This Agreement; even if there is anything contrary to This Agreement, the following provisions will apply whether you use any version of the Application compatible with Apple Inc’s iOS operating system. Apple Inc. is not a party to This Agreement. It is not the owner of the Application and has no responsibility arising from the Application. Apple Inc. does not provide any warranty for the Application. If applicable, it may refund the purchase price for the Application.
Apple Inc .; is not responsible for the maintenance and other support services specific to the Application, the product liability claims of any third party, the claims that the Application has not fulfilled by legal or administrative obligations, the claims arising from the consumer protection or similar Turkish Law Legislation and the claims regarding intellectual property rights violations. Also Apple Inc. is not responsible for any other claims, losses, liabilities, damages, expenses or expenses related to the Application, including questions or complaints about the use of the Application, including those regarding intellectual property rights, should be directed to the Atma Family by the relevant section above. The license granted to you here is to use the Application in an Apple-branded product that runs on Apple's iOS operating system, owned by you or controlled by you, or otherwise is separately permitted by the Usage Rules set forth in Apple Inc.’s App Store Terms of Service. It is limited to a non-transferable license to use it properly. You must also comply with the terms of any third party agreement applicable to you while using the Application, such as your wireless data service contract.
Apple Inc. and its affiliates are third party beneficiaries of This Agreement and will have the right to enforce This Agreement against you as a third party beneficiary upon your acceptance of the terms and conditions of This Agreement.
Notwithstanding the foregoing, the Legal Person’s right to become a party to, withdraw or terminate any legal change, termination or settlement within the framework of This Agreement is not subject to any third party's approval.