thestay.com.tr TERMS OF USE
These Terms of Use shall apply to the User who uses the website thestay.com.tr ("Website") owned by Depot Konaklama Hizmetleri A.Ş. (the "Company").
All natural and legal persons who visit and/or use the Website (“User”), as User, accepts, declares and undertakes that s/he has fully read these Website Terms of Use, understood all its content and accepts the conditions in these Terms of Use and also the amended conditions in the future which will announced on the Website and all kinds of terms, conditions and regulations on the Website apart from these herein and that s/he will not raise any objections or defense proposals in these matters.
These Terms of Use are published on the Website in a way that allows access to all real and/or legal persons using the Website; if the User does not accept the terms of these Terms of Use, s/he must abandon the use of the Website.
The Company, at its sole discretion, can unilaterally amend these Terms of Use and the information and content on the Website by posting them on the Website, provided that such posted terms do not contradict the provisions of the current legislation; may add new information to the regulations in the Terms of Use, the information and content on the Website, close it to access by third parties and/or delete it. The Company may use this right at any time and in any way without any prior notification; and any changes in the Terms of Use and the information and content on the Website will become effective as of the moment they are announced on the relevant Website. On the other hand, unchanged provisions will remain in effect and will continue to produce its provisions and consequences.
2. TERMS AND OBLIGATIONS RELATED TO THE USE OF THE WEBSITE
2.1. In all transactions and correspondence performed during the use of the Website, the User accepts, declares and undertakes that s/he shall comply with this Terms of Use, shall at conforming to all legislations of Republic of Turkey and all kinds of legislation that are in effect, public order and general moral rules and codes of conduct; s/he shall refrain from all actions, acts and behaviors that will harm the personal or commercial reputation of the Company and/or other real or legal 3rd parties, refrain from harming personal rights, refrain from acts that have nature contradicting to law and those which may constitute a crime, and s/he accepts, declares and accepts that all legal and penal obligations thereto are solely her/his own obligations.
2.2. The User may not use the Website in any way that disrupts public order, violates general moral rules of public, disturbs others, for an unlawful purpose, infringes the rights of others and/or lead to a result of this nature. In this respect, the User is obliged to carry out all kinds of transactions on the Website for legal purposes. The User knows and accepts that s/he is personally responsible for all kinds of actions and acts performed on the Website in legal, criminal and administrative terms and that the Company cannot be held responsible for these transactions and acts.
2.3. The User cannot take actions that prevent or make it difficult for other users and visitors to use the Website, cannot force, lock, or engage in any deceptive and/or fraudulent behavior or attempts to install servers or databases with automatic programs. Any legal, penal and administrative responsibility that may arise in case of violation of the issues mentioned this article belongs to the User.
2.4. The User may not copy, modify, change, reproduce, distribute, share and process in any way to any information or content in the database including but not limited to pictures, texts, videos, lists, catalogues, promotions, advertisements, information, content, design, code and software, visual and audio images in the Website partially or as a whole; under no circumstances may not create other content using them, may not compile, publish directly or indirectly in other channels, may not transfer them to other databases, make them accessible and useable by third parties from another database; may not take any action that will lead to this result, including giving a link.
2.5. Modifying the Website or any part of the Website in whole or in part, corrupting it, using it in an unauthorized manner, using it for reverse engineering purposes, trying to break API protocols by using any method, interfering with the operation of the Website systems or attempting to do so, to use any tool, software or method for this purpose, to access portal parameters without permission or to share these parameters with third parties, to use robots, spiders, web crawlers, automatic programs, data crawling, data mining and accessing systems in order to use and attempt similar screen scraping software or systems, automatic tools or manual processes, to attempt to access other User's data or software without permission, to block, disrupt or similarly interfere with the communication or technical systems of the Website, to use any content or system of the Website beyond the limits specified in these Terms of Use, in any way whatsoever, without being limited to those listed, herein, are illegal and prohibited.
In case of detection of such a case, the Company may terminate the User's use of the Website and may prevent the use of the Website by this User. In case of detection of use contrary to this article, the conditions specified in the Terms of Use and/or legal regulations, all rights of the Company, including the right to litigate, follow-up and complain to the competent authorities arising from the law and other legislation are reserved. The User accepts that s/he is personally responsible for the damages and claims, legally, criminally and administratively, as incurred by the Company and/or other persons/institutions as a result of the aforementioned prohibited uses.
2.6. The User knows that he/she is responsible for all kinds of damages, losses, malfunctions and all kinds of consequences that may occur in his/her software and operating systems due to the use of the Website, and that the Company cannot be held liable for any damages s/he may suffer for this reason, and s/he accepts, declares and undertakes that s/he will not be able to claim compensation or any other claim from the Company this direction.
2.7. The Company does grant any guarantees or commitments to the User that any User will act in accordance with these Terms of Use and the Company cannot be held responsible for any claims, damages or claims that may arise from the use of the Website.
2.8. The Website and its content are provided on an "as is" and "at the current state" basis only. The Company does not grant any guarantee or commitment that the Website will operate error-free or uninterruptedly; nor does the Company has any responsibility for the User's failure to achieve a certain result as a result of the Website's suitability for purpose, access or use of the Website. The Company cannot be held responsible for the interruption of the Website, any delays, disruptions in the Website, and any failures or loss of data, including but not limited to these.
2.9. The Company does not have any responsibility for other websites and portals accessed through the links provided on the Website, as well as the content and services offered on these portals.
2.10. While accessing the Website, the User cannot use another's IP address, e-mail address, user name and other information, and cannot access the confidential information of other users without permission or use them. Otherwise, all legal and penal consequences belongs to her/him.
3. INTELLECTUAL PROPERTY RIGHTS
3.1. Including the “The Stay” brand and other brands and logos of the Company, the website named thestay.com.tr, interface, advertisement database, content database, design, text, image, html code and other codes, all intellectual property rights of all elements, but not limited to those mentioned herein, the design and software of the Website, and any brand, logo, design, commercial presentation style; slogan and all other content created/to be created by the Company within this framework, are the property of the Company. The Company does not allow any intellectual rights, copyrights, brand and design rights and/or any content on the Website to be obtained, processed, used, shared, exhibited, reproduced by any third party, including the User, in any way whatsoever; does not allow distribution, copying, use in the form of domain name, routing code, keyword or similar items, does not make these available to third parties and/or does not consent to any work that includes these elements.
In this context, the User irrevocably accepts, declares and undertakes that s/he will not violate the intellectual property rights of the Company in her/his activities carried out on the Website, that s/he will stop any action of the above-mentioned nature and/or those may lead to such result, and that s/he will refrain from any behavior that will cause prejudice to the Company's rights.
3.2. Regardless of the reason thereto; if the User acts in a manner contradicting to the obligations given in 3.1.; the Company will have the right to terminate the Website use by the violating User and will be able to prohibit the use of the Website by this User. In addition, the Company's rights to all kinds of lawsuits, complaints, follow-ups and demands arising from the law and other legislation are reserved; in case of violation, the User shall be liable for any material and moral damage suffered by the Company and/or other third parties.
4. PROTECTION OF PERSONAL DATA
4.1. User knows and consents that the data related to the use of the Website such as IP address, date/time etc. information and the information of the visited parts of the Website, browser type, domain type, cookie records may be used, recorded, stored, classified, maintained, shared, transferred, disclosed and processed in other ways by taking the necessary precautions to protect the mentioned information privacy, and by complying with the legal principles regarding the processing of personal data by the Company.
The Company can process the User data related to the use of the Website itself, to ensure the security of the User, to fulfill its obligations, to carry out promotional and marketing activities, to carry out communication activities for information purposes, to conduct profiling and statistical studies and to offer personalized offers and products within the scope of habits and taste; to manage demand and complaint processes, to make necessary evaluations and researches in order to improve Company’s own processes, to create a database and to conduct market research, and can transfer it to the companies with which it cooperates in these matters, and in this case, User information may be processed by these companies, limited to the above-mentioned purposes.
4.2. The Company may place small data files that enable the recording and collection of certain data by technical means (number of pages viewed, visit time and target completion number, User behaviors, etc.) in order to display customized content to the User and to engage in online behavioral advertising and marketing activities. (Briefly “Cookies”) The User may remove or reject cookies; however, in this case, s/he may not be able to access all functions of the Website or her/his access may be limited.
5. ALTERATIONS IN TERMS OF USE
The Company may, at its sole discretion, unilaterally change these Terms of Use at any time by posting it on the Website, provided that it does not contradict the provisions of the current legislation. The amended provisions of these Terms of Use will become valid as of the moment they are announced on the Website, and the remaining provisions will remain in effect and continue to produce their terms and consequences.
6. FORCE MAJEURE
Natural disasters, contradicting weather conditions, war, fire, decisions taken by the government, infrastructure and internet failures, system improvement, update or renewal works and unforeseen circumstances that occur beyond the control of the Company without being limited to those listed herein are considered as force majeure.
7. MISCELLANEOUS PROVISIONS
7.1. In case of any dispute that may arise, the User accepts, declares and undertakes that the Company's books and all kinds of records (including computer records, documents such as microfilm and microfiche) will constitute valid and exclusive evidence and this provision will be in the nature of an evidential contract within the meaning of Article 193 of the Code of Civil Procedure No. 6100.
7.2. In the event that any article and provision of these Terms of Use becomes invalid or unenforceable, the other articles and provisions will continue to be in effect in fullest term.
7.3. Disputes arising from these Terms of Use are subject to the Laws and other legislations of the Republic of Turkey. Istanbul (Çağlayan) Courts and Enforcement Offices will be the authorized venue for the settlement of all disputes that may arise between the parties due to the interpretation or implementation of these Terms of Use.
7.4. Failure of the Company to exercise any of its rights referred to in these Terms of Use shall not constitute a waiver of that right or prevent the further exercise of such right.
8. EFFECT AND ACCEPTANCE
These Terms of Use will enter into force as of the date of its publication by the Company on the Website and any changes to the Terms of Use will likewise be binding for the User as of the date of publication on the Website. By using the Website, the User accepts these Terms of Use and the alterations to be made in the Terms of Use.