Terms & Conditions and Premium Membership Agreement

Terms & Conditions and Premium Membership Agreement

1. PARTIES AND SUBJECT

1.1. This Agreement is entered into by and between Gel Hemen Informatics and Software JSC(“gelHemen”) and “User/Member”.
1.2. The subject of this Agreement is to determine the procedures and principles regarding the use and protection of services offered to the member by gelHemen.

2. DEFINITIONS

“Agreement”means the membership or premium membership agreement between the Parties.
“Premium Membership”refers to the personal subscription service for members' application usage and the extra benefits it provides.Phrases like"GelHemen Premium service", "our service" or "service", includes access to the extra facilities of the application, interface customization and features specified in the package, and premium labeling services provided by GelHemen.
“Standard Membership”means the members’ personal subscription for the use of application.
“Third Party”, refers to any and all natural or legal persons other than GEL HEMENand MEMBER and their managers and employees.
“Website” refers to the website which can be accessed through http://gelHemen.com
“Mobile Application” refers to GelHemen mobile applications which can be downloaded via Play Store and App Store
“User” means any person using the website or the mobile application for whatever reason.
“Member” means the User who has a username and password registered via e-mail and confirmed the Membership Agreement.
“Customer” any natural or legal person user who sends a “Service Request” through mobile application or website.
“Service Provider” any organization, natural or legal person who creates a Profession Profile through the Mobile Application to provide services and approves the Member Service Provider contract (If the Service Provider is a legal person, the definition includes the persons who perform the services on behalf of the Service Provider and work under it.),
“Expert Profile” The profile created by the Service Provider on the Mobile Application in order to promote the service, and to offer the Service Request offered by the Customers,
“Service Request” Request by the Customer to direct the service among the relevant Expert Profiles by gelHemen in terms of the service request published on the Mobile Application in order to receive an Offer from one or more Service Providers or according to the nature of some services,
“Offer” The offer of the Service Provider to provide the services for a certain time and a certain amount in response to the Service Request sent by the Customer.
“Future Request” The system offered in the Mobile Application in terms of some services according to its nature and where the Customer will request to be directed to the Service Provider on the day and time regarding the service that the Customer will request one-time or regularly while creating the Service Request.,
“Agreement Fee” Standard unit price paid by the Service Provider with the firm agreement of the Parties upon the orientation of the Service Provider to the Service Users in the Bring-Together System.
“Agreed Service” The acceptance of the Proposal sent by the Service Providers through the System by the Customer and the final approval.
“Online Payment System” The system that provides the payment of the commission fees that the Service Provider is obliged to pay to gelHemen.com in case of an agreement between the parties in return for the service to be received through the Mobile Application, by the payment institutions with which gelHemen.com or gelHemen.com cooperate, the terms and conditions specified in this Agreement, via credit card, debit card, other payment methods that support online payment provided by banks.
“Regulation” Regulation on Service Providers and Intermediary Service Providers in Electronic Commerce published in the Official Gazette No. 29457 dated August 26, 2015,
“FSEK” Law No. 5846 on Intellectual and Artistic Works.

3.  GENERAL PROVISIONS

3.1.Member has the right to unlimited use of this membership under certain restrictions.
3.2. Standard membership criteria will be determined by gelHemen, and the standard membership right or duration can be restricted by the gelHemen in order to prevent abuse.
3.3. In order to become a member, the membership account information must be entered correctly and up to date. The member is solely responsible for all damages that may arise due to not entering and / or not keeping the membership account information correctly and up to date. In addition, the Member accepts and undertakes that he will keep his membership username and password confidential, will not share it with third parties, and will be liable for any damages that may arise if shared. Information about the membership account can be changed and / or updated after logging into the membership account.
3.4. The member can terminate his / her membership at any time through his / her membership account or with other verbal or written notification.
3.5.The member is obliged, in particular, not to fill in false or misleading information and membership account information and not to create membership account information on behalf of false visitors.
3.6.gelHemen reserves the right to cancel the standard membership and freeze the account if it is determined that the member does not meet the criteria. Multiple memberships cannot be created with the same phone number. Information such as device ID, payment method or account email address used for an existing or new gelHemen membership may be used to determine compliance with the criteria. Restrictions may be imposed on use with other deals or discounts.
3.7. Any member who is at least 18 years old and has the capacity to act may benefit from the gelHemen service by filling in the information requested in the registration form in accordance with the terms of this Agreement correctly and completely.
3.8. Users who accept this Agreement are deemed to have declared and accepted that they are over the age of 18. In the Service Request, they accept and declare that the immediate person cannot be held responsible for situations that may arise from the contrary of this declaration and that they are under their own responsibility.
3.9.In order to obtain a valid membership service, the necessary information requested by gelHemen and related to the service (nature, feature, quality, dimensions, place of performance and delivery and duration of the work, etc.) must comply with the specified conditions.
3.10. ServiceRequests created by the Member shall be published after inspected by gelHemen’s own technology. However, the entire responsibility for the content of the service is held by the member.
3.11   Demand content that is not suitable for ethical and moral values (taking the exam, having homework, writing a thesis, etc.) should not be created, and requests with such content should not be offered. All responsibility arising from making such requests or submitting an offer for such requests belongs to the requesting member.
3.12. GelHemen may use its content and additional features primarily to access it in the country where you created your account and in all geographic areas you visit. Premium package contents and fees may differ according to geographic regions and will change from time to time.

3.13. GelHemen service is constantly updated, including the features and possibilities of the premium service. In addition, many elements of the service, including the website, user interfaces, promotional content and availability of GelHemen content, are subjected to continuous tests. The member can visit the "Support" menu, create a "Support request", and send all of his comments and suggestions to GelHemen.

3.14. gelHemen has no responsibility in the offer, requirement, acceptance, contract and payment stages between members. gelHemen does not guarantee that there will be compatibility between the members or that the Customer will find or have a Service Provider capable of performing the Customer’s business at the requested time and place in the Customer’s territory. Customers must do the necessary research on the Service Provider themselves, as gelHemen does not provide a service guarantee.
3.15. Software gelHemen was developed by gelHemen and for gelHemen. This software may differ depending on the device and usage environment; functions and features may vary from device to device. You acknowledge that there may be device-based errors during the use of the service. In such cases, our support department will intervene quickly.
3.16. Comments / evaluations from Members / Users regarding the Service Provider are published in a way that all Users can see after the necessary approval, control and correction to be made by gelHemen. gelHemen has the right to correct, sort or publish the comments in question. gelHemen reserves the right to temporarily or permanently change or terminate the Website or mobile application (or part of them) at any time, with or without prior notice.

4. INTELLECTUAL AND INDUSTRIAL RIGHTS

4.1.All financial rights arising from FSEK regarding gelHemen belong to gelHemen. These financial rights include;
4.1.1. Right of adaptation regulated in Article 21 of FSEK,
4.1.2. Right to reproduction regulated in Article 22 of the FSEK,
4.1.3. Right of distribution regulated in Article 23 of FSEK,
4.1.4. The right of representation regulated in Article 24 of FSEK,
4.1.5. Right of transmission to the public by means of sign, sound and / or image transmission regulated in Article 25 of FSEK
4.2. These financial rights and moral rights to the extent required by the financial rights specified in Article 4.1 and sub-clauses are fully owned by gelHemen, and their use by members will constitute a violation of FSEK and the relevant legislation. gelHemen reserves the legal rights in cases of violation of this law.

5. CANCELLATION OF MEMBERSHIP

5.1 If you do not cancel your membership before the end of its term, your Premium membership will continue until the end of the membership without any refund of the monthly fee collected. To view the subscription fee and the expiration date of your subscription, enter the profile screen. 
5.2. Unless you suspend your membership, your membership will automatically continue to be renewed every month through your default payment method in order to ensure continuous workflow and visibility. If you do not want your membership to be renewed, you can click "Pause Premium Membership" from your profile to stop the monthly fee collection from the next payment period. In case of cancellation, you can take advantage of the premium membership until your membership expires.
5.3. The service provider's ability to get a job is related to many variables such as the price he offers, the workload in his environment depending on his location, and being or not being approved. That's why gelHemen does not offer a definite recruitment guarantee for practitioners. The monthly fee paid allows the full competence and use of the application to attract the attention of the customer in the offers given in business opportunities and to communicate directly through the application.
5.4.In the event that its members are found to have violated this Agreement or as required by the situation, gelHemen may prohibit the use of the Website and mobile application and access to the membership rights, suspend the Membership, and temporarily stop the use, without having to show any reason.

6. OBLIGATIONS OF THE SERVICE PROVIDER

6.1.   Any administrative, legal and criminal liability that may arise due to the Service Provider's failure to comply with the terms of this Agreement and its performance obligations against the Customer shall be borne by the Service Provider itself.
6.2.  The Service Provider will not contact the Customer to exclude gelHemen, agree on a lower price or not pay the Commission Fee, without the knowledge of gelHemen regarding a Service Request created through the Website or mobile application.
6.3.   The Service Provider accepts that gelHemen is not a party to the contract with him and the Customer in any way and has no responsibility.
6.4.   The Service Provider accepts that it has the authority to store and share credit card information with the system operators in the payment institution system with which gelHemen is contracted or in the gelHemen system with the "first 6 last 4 digits", to the extent permitted under the legislation. gelHemen is not responsible for any malfunctions that may occur in the contracted payment institution system.
6.5.   The income statements to be submitted by the Service Provider to the registered tax office are under his / her legal responsibility and liability.
6.6.   The Service Provider accepts that it will take all necessary measures regarding occupational safety and occupational health during the performance of the job or for the performance of the job, that he and his personnel have received the necessary training and that the responsibilities in this matter do not belong to gelHemen.
6.7.  If the Customer applies to Consumer Arbitration Committees and / or Consumer Courts for any material or moral damage and / or for defective goods / defective services and shows gelHemen instead of the Service Provider as an adversary, gelHemen is obliged to make a good defense and direct the relevant request to the right place. In the event of a compensation or penalty in favor of the Customer or against gelHemen in the decision of the arbitral tribunal or the Consumer Court despite the defense of gelHemen, the Service Provider shall pay the same indemnity / punishment together with its accessories (judicial and execution fees, delay interest and counsel fee) to gelHemen.

7. BILLING

7.1. All costs such as the membership fee of the gelHemen service and taxes and possible transaction fees that may arise due to your use of the service will be collected from the cards on the My Credit Cards screen on the "Settings" screen.
7.2. The length of your billing cycle will depend on the subscription type you choose when signing up for the service. In the event that your Payment Method cannot be approved or your paid membership starts on a day that is not included in the month in question, gelHemen reserves the right to make changes to your payment date.
7.3. Members are obliged to provide one or more Payment Method in order to use gelHemen services. If your Primary Payment Method is refused or can no longer be used for the payment of the subscription fee, gelHemen will charge any Payment Method associated with the member's account. The member shall be responsible for the uncollected amounts.
7.4. If the payment method expires, the balance is insufficient, or if you fail to cancel your account due to other reasons, gelHemen reserves the right to block access to its services until you have charged the subscription fee from a valid Payment Method.
7.5. The member is obliged to keep the payment methods up to date.
7.6. The member has the right to cancel gelHemen membership. After the cancellation, the member has the right to continue to benefit from the gelHemen service until the end of the billing period that he paid for.
7.7. Fee and Subscription Plan Changes. We may change our subscription plan and the price of our service from time to time. However, any fee changes or changes in your subscription plan will take effect at the earliest 30 days after notification to you.
7.8. In cases where both the Customer and gelHemen are victims due to the Service Provider not going to work, neither gelHemen nor the customer has any obligation to pay a fee or compensation.

8. LIMITATION OF LIABILITY

8.1. gelHemen shall not be held responsible for any direct or indirect damages that may arise due to the breach of contract, tort, or other reasons due to the use of memberships and access to the website or mobile application, all information related to them and other data, programs, etc. gelHemen does not accept any responsibility for interruption of the transaction, error, negligence or interruption as a result of breach of contract, tort, negligence or other reasons. By using the mobile application, accessing the website or other linked websites, or by using the membership accounts and website, gelHemen shall be exempt from any liability that may arise as a result of the use / visit, any damages and claims including court and other costs.
8.2. gelHemen does not endorse or recommend its members or their services, nor does it guarantee the performance of the work or the result or quality of the services provided. gelHemen can make a ranking, rating and categorization among the Service Providers through member comments and some algorithms in the similar system and highlight some Service Providers because they are highly liked, preferred / recommended or satisfied by the users. However, the aforementioned situation does not mean an endorsement or guarantee given by GelHemen.
8.3.  gelHemen is not responsible for the relationship between the Service Provider and the Customer, and gelHemen has no responsibility for any damages that the Service Provider will inflict on the Customer or third parties during the service to be provided or at any time.
8.4. gelHemen does not make any guarantees or undertakings about the reliability of the Service Providers, their suitability and competence to provide the relevant service, the delivery or timeliness of the services, the reliability and accuracy of the services, the adequacy or reliability of the results to be obtained from the use of the service, or the service quality to meet the expectations.
8.5. The accuracy of the information or statements specified in the profession profile by the Service Provider is undertaken by the Service Provider, gelHemen has no responsibility on this matter.

9. AMENDMENTS TO TERMS&CONDITIONS AND ASSIGNMENT

9.1. gelHemen may assign this contract in whole or in part at any time without notice. However, the member cannot assign this contract or any part of it to another party. Such an assignment attempt is invalid.
9.2. gelHemen may change the Terms and Conditions from time to time. The member will be informed by gelHemen through one of the communication channels provided during the membership at least 30 days before such changes enter into force.

10. TERMINATION

This agreement will remain in force as long as the member is a member of gelHemen and will continue to have consequences between the parties, and will be deemed to be terminated if the user leaves the membership or the membership is suspended temporarily or permanently. gelHemen, in the event that the MEMBER violates this contract or certain rules regarding membership and services included in the website or mobile application, will unilaterally terminate the contract and the MEMBER will compensate all damages that gelHemen has suffered due to their acts that will cause termination.

11. FORCE MAJEURE

gelHemen does not accept any liability for late performance or non-performance of the obligations stated in this membership agreement of gelHemen.com website and gelHemen mobile application in all cases considered legally force majeure. In the cases legally considered as force majeure, users will not be able to claim compensation from gelHemen under any name or name due to delay or non-performance or default. MEMBER accepts and declares this situation.

12. APPLICABLE LAW AND JURISDICTION

Disputes arising from this Membership Agreement and the use of services in gelHemen.com website and mobile application are subject to Turkish Law and Istanbul Courts and Enforcement Offices are authorized. gelHemen reserves the right to file a lawsuit in the country where the member is located.

13. EFFECT AND ACKNOWLEDGEMENT

This Agreement enters into force on the date that it is announced to the members. Users and members agree to the terms of this Agreement by using gelHemen.com website and mobile application. gelHemen may make amendments to the provisions of this agreement at any time. The amendments shall be published on gelHemen.com by specifying the version number and date of amendment and enter into force on the same date.

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