REZTORAN USER AND MEMBERSHIP AGREEMENT

This document is a legal agreement made between Reztoran Elektronik İletişim Yazılım Ticaret A.Ş. ("Reztoran") and the person wishing to benefit from the services offered online by Reztoran (via website and/or mobile application or similar platforms) ("User").

By clicking the "I accept to become a member" button found at the relevant link after reading this agreement in its entirety, you accept this agreement. If you are entering into this agreement on behalf of a legal entity, by checking the relevant box, you declare and undertake that you have the authority to enter into this agreement on behalf of the relevant legal entity. In the case of entering into the agreement on behalf of a legal entity, the term user below also includes the relevant legal entity and its affiliated companies.

1. SERVICES

The restaurant reservation services provided by Reztoran include viewing restaurants included in the system through digital platforms developed via the internet or mobile phones, making online reservations, changing reservations, viewing past reservations, rating and commenting on restaurants included in the system and platforms provided by Reztoran's business partners, adding special days to the calendar in user profiles, accessing information provided by included restaurants, reading comments made by experts and users about these restaurants, benefiting from special offers that may be presented to users by member restaurants, placing orders, delivery of orders, adding friends within the application, using chat options, and other services to be provided by Reztoran.

Within the scope of the order service, users can: (i) place orders simultaneously from multiple restaurants through a single cart, (ii) plan group orders by using the shared cart feature with other users, (iii) order food for desired individuals through the application or send gifts, (iv) track the status of their orders in real-time and receive notifications about delivery times.

2. MEMBERSHIP SYSTEM

2.1. The "username" and "password" determined by the user who registers to the Reztoran system ("Portal") are confidential information specific to that user, and the user is obliged not to share this information with third parties. Otherwise, the user will be directly responsible for all damages and claims arising from the use of this information by third parties. If the user forgets their password, Reztoran will send a link to the user's registered email address on the Portal to create a new password upon request.

2.2. Users who benefit from the services by registering to the Portal can log into their created user accounts to track upcoming and past reservations, update and cancel upcoming reservations, check Reztoran Card balances, place orders, order food for others, delivery of orders, add friends within the application, use chat options, and benefit from the advantages that will be offered exclusively to members by Reztoran. Users who are not registered to the Portal cannot benefit from these services.

2.3. Users can establish friendships with other users on the Reztoran platform. Users can view another user's profile and send a friendship request by using the "Add as Friend" option. The friendship request will not be valid unless approved by the other user. Once a friendship is established, users can chat with each other more quickly and easily. The chat feature in the mobile application allows users to communicate with each other. When users are members, they can chat with other users, share their restaurant experiences, make recommendations, and discuss other opportunities provided through the Reztoran platform. Additionally, a shared cart feature is offered to facilitate collaboration and convenience among users. This feature allows multiple users to work together on the same order cart, place group orders, or order food for their friends. All these features will only be available to users who log in as members.

Reztoran may conduct various controls to prevent users from communicating with other users in a disturbing or inappropriate manner while managing friendship requests, chat features, and communication between users on the platform. Users must always comply with the platform's terms of use and ethical rules while chatting with other users or sending friendship requests. Otherwise, the user account may be suspended without warning or restrictions. Users should refrain from insulting other users, sharing sexual content, sending racist, discriminatory, threatening, or illegal content. Reztoran reserves the right to suspend or terminate the accounts of users who engage in such behavior. Reztoran has the right to completely or partially suspend or limit the chat and friendship features among users on the platform. Such changes will be notified in advance to ensure that they do not affect the user experience on the platform. Reztoran may impose restrictions on chat and friendship features to prevent behaviors that are inconsistent with the purpose of the platform or unethical.

2.4. The user has the right to cancel the order placed through the Reztoran application or website without providing any reason and without payment within 1 (one) minute before the order is communicated to the restaurant. The cancellation can only be made through the "Cancel" option provided on the system. Cancellation requests made after the time has expired or after the order has been communicated to the restaurant are subject to the approval of Reztoran or the relevant restaurant, and in this case, a refund may not be made.

2.5. Reztoran cannot be held responsible for the provision of information or transactions on this website by individuals under the age of 18 or restricted individuals without obtaining permission from their parents or guardians.

2.6. The user has the right to terminate their membership at any time. After terminating your membership, all your relations with our site will be severed.

2.7. The responsibility for selecting a strong and secure password for the membership account, keeping the password confidential and secure, and not sharing account information with third parties belongs to the User.

3. USER'S OBLIGATIONS

3.1. The user accepts that the information provided in the registration form is correct. The user acknowledges that they are responsible for any damages that may be incurred by themselves or third parties due to providing incorrect or incomplete information and that in this case, the Portal membership will be terminated.

3.2. The user agrees to share the name and other contact information entered into the Portal with the member restaurants receiving the reservation for the purpose of providing Reztoran's services under this Agreement accurately and effectively. Reztoran is not a party to any disputes that may arise due to the shared information between the user and the member restaurant and cannot be held responsible for these disputes.

3.3. The user acknowledges that they are personally responsible for any transactions made with their "username" or registered email address.

3.4. The user acknowledges and undertakes that the copyright of the services provided by Reztoran and the website and software made available to the user belongs to Reztoran, and they will not reproduce or distribute these software in any way. In cases of providing incorrect, irregular, incomplete, and misleading information, copying the content of the website without permission, either partially or entirely, and/or using software that threatens the security of the website and disrupts the operation of the site and the software used, Reztoran may block the user's access to the site and reserves its legal rights against the person or persons involved in such attempts.

3.5. The user acknowledges that they are responsible for the personal opinions, thoughts, and expressions they enter into the Portal, as well as the files they add to the Portal and the personal information they send, and that Reztoran cannot be held responsible for any disputes that may arise between the member restaurant and the user regarding these opinions, information, thoughts, expressions, and files.

3.6. The user accepts that they will be solely responsible for the unauthorized use of images, thoughts, copyrighted content, and similar materials belonging to third parties on the Portal, and that Reztoran will not be liable in any way.

3.7. The user acknowledges that they are solely responsible for the improper display of content belonging to individuals over the age of 18 that may be present in the Portal in some cases.

3.8. The user accepts that they will be solely responsible for not using opportunities or campaigns obtained through another service provider outside the Portal within the time specified in the campaign.

3.9. The user acknowledges that if they do not change their reservations made through the Portal within the options determined by the relevant restaurant or do not appear at the relevant restaurant at the time specified in the reservation, the reservation may be canceled.

3.10. The user acknowledges that if they frequently cancel their reservations, the relevant restaurant may refuse to accept reservations, and in cases of repeated reservation cancellations at various restaurants, their membership may be suspended or canceled.

3.11. The user acknowledges that the service provided by Reztoran is solely to facilitate communication of information between the user and the restaurants included in the system, that the reservations made through the Portal are limited to the reservation statuses of member restaurants, that Reztoran is not responsible for the non-acceptance of reservations by the relevant restaurant, the inability to change or cancel reservations, or the content provided by member restaurants, that the reservation status published on the Portal may not always reflect the current status, and that Reztoran is not a party to any disputes that may arise between the user and the restaurant due to the service provided by the restaurant to the user or for any other reason. Similarly, the orders placed through Reztoran platforms are within the scope of the services provided by the restaurants included in the system, and the processes related to the preparation, delivery, cancellation, or change of orders are entirely the responsibility of the restaurants, and Reztoran is not a party to any disruptions or disputes that may arise in these matters and does not bear any responsibility. The user understands that Reztoran only facilitates the flow of information and that any legal or commercial consequences arising from the service relationship between restaurants and users will be resolved between the parties.

3.12. The user acknowledges that if they are informed that a pre-authorization fee may be taken for making a reservation during the use of the Portal, this payment will be made between the restaurant and the user, and Reztoran cannot be held responsible for the occurrence or non-occurrence of this pre-authorization process or payment, and that if pre-authorization is not taken or if subsequent payment collection is not successfully completed, the service to be provided by the relevant restaurant may not be fulfilled and/or they may not be able to benefit from the special offers presented to them, and that Reztoran is not responsible for payment-related matters.

3.13. The user acknowledges that the obligation to change the status, price, and feature information of the services, products, or special campaigns offered on the Portal belongs solely to the restaurants in the system, and that Reztoran is not responsible for any errors in reservation status, campaign price and feature information, or information related to orders.

3.14. The user acknowledges that Reztoran is not responsible for any loss of information or misrepresentation or misdirection of information during their use of the Portal.

3.15. The user agrees and undertakes to access the services provided on the Portal as specified in the system, not to interfere with, modify, or use forms and formats that have been modified, and to compensate Reztoran for any material and moral damages it may incur in this regard.

3.16. The user acknowledges that Reztoran is not responsible for any damages that may arise from the unauthorized use of the information and data they enter into the Portal, as well as from the unauthorized use, sharing, or publication of their shares by third parties.

3.17. The user agrees and undertakes not to send messages or comments containing content that is contrary to the laws of the Republic of Turkey, threatening, immoral, insulting, profane, or containing racist statements, and that the writings, titles, and nicknames they add to the Portal must comply with general morality, etiquette, and legal rules.

3.18. The user agrees not to behave in a way that negatively affects other users' use of the Portal, not to insult, threaten, or harass third parties (other users or restaurants and their employees, etc.), not to violate the personal rights and names of individuals or institutions, not to insult, and not to publish, print, reproduce, or distribute immoral, inappropriate, or illegal material or information.

3.19. The user agrees not to use the Portal for commercial or advertising purposes, not to sell any goods or services or make offers for their sale, not to engage in surveys, contests, or chain letter activities, and not to send information or programs that may harm the information on other users' computers.

3.20. The user acknowledges that they are solely responsible for any damages they may incur due to their use of the Portal, that any damages or losses they may incur from using the information, records, or materials obtained during their use of the Portal, including damages to their computer, malfunctions, data losses, and other damages and losses, are entirely their responsibility, and that they have no claims against Reztoran under any name.

3.21. The user acknowledges and undertakes that the information they provide during payments made through the application and website (credit card, GSM number information, etc.) is correct, and that the legal and criminal responsibilities arising from these belong to them.

3.22. The user agrees not to transmit information that is prohibited by law and not to share personal information belonging to others, not to share data that is not authorized to be sent, such as chain mail, software viruses, and similar, and acknowledges that cookies referred to as identifiers are used in the reservation system, that cookies are pieces of information that a website transfers to the user's computer's hard drive, that they allow users to navigate the system, and that they help prepare content suitable for the needs of users accessing the site when necessary.

4. REZTORAN'S AUTHORITIES

4.1. Reztoran has all intellectual and industrial rights to the Portal and the data and information generated through the use of the Portal. Reztoran has ownership and copyright rights to the information, documents, software, designs, graphics, etc. that it produces or purchases from outside.

4.2. Reztoran may inform its users about promotions they can benefit from and new services or projects within the Portal via email with the explicit consent of the User, and may reach users through all communication channels shared by users, including social media channels, and share various promotional, campaign, and similar information. Users will be able to determine the channels they wish to be informed about and may request to unsubscribe from the notification email list or to not receive information through other channels at any time.

4.3. Reztoran is authorized to temporarily suspend the operation of the Portal or completely stop it without any warning at any time, and to temporarily suspend or completely terminate the memberships of users who perform transactions that raise security suspicions or act contrary to the rules specified in this Agreement or the rules of the restaurant providing the service. Reztoran has no responsibility towards users or third parties for the temporary suspension or complete termination of the Portal or user membership.

4.4. Reztoran can view the usernames or passwords of members upon request.

4.5. Reztoran is authorized to continuously monitor the entire reservation system at any time.

4.6. Reztoran is authorized to use the Portal, along with all its content, for advertising and commercial purposes.

4.7. Reztoran has the right to back up and delete some or all of the files and messages that users will have in the environment during their use of the Portal at appropriate intervals. Reztoran has no responsibility for backup and deletion operations.

4.8. Reztoran has the right to publish, process, share on social media, or move to another place within the reservation system any information, documents, software, designs, graphics, etc. that users produce and upload to the system voluntarily for publication. The user cannot claim any rights, receivables, compensation, or royalties from Reztoran due to the copying, processing, or publication of this information by other users.

4.9. Reztoran may redirect users from the www.reztoran.com website to different websites. In this case, the user accepts that Reztoran is not responsible for the content of the sites they will transition to. Reztoran does not guarantee the security, accuracy, timeliness, or content of these websites.

4.10. Reztoran may make changes in the implementation of the agreement for future technical necessities and compliance with regulations, may change existing articles, or add new articles. These changes will become valid by informing the users. Reztoran may announce the changes to the agreement by publishing them on the website or notifying the users.

5. INTELLECTUAL PROPERTY RIGHTS AND USAGE

5.1. All usage rights, license rights, and other intellectual and industrial rights related to the "REZTORAN" brand and the "Reztoran" portal belong to REZTORAN. The scope of these rights includes, without limitation, copyright, registered or unregistered design and trademark rights, and all similar rights within the world and country borders, and all intellectual and industrial property rights arising from these belong to REZTORAN. Members may not resell, share, distribute, display, reproduce, create derivative works from, or allow others to access or use the services of Reztoran; otherwise, they will be responsible for compensating the damages claimed by third parties, including but not limited to licensors, and for any court costs and attorney fees.

5.2. All intellectual and industrial property rights such as brands, logos, photos, company or product names other than the "REZTORAN" brand used within the Portal or on the website belong to the relevant companies or individuals.

5.3. Any use of Reztoran's trade name, brand, logo, and other promotional signs without Reztoran's prior written approval will constitute a violation of Reztoran's intellectual and industrial rights, and Reztoran will have the right to seek legal remedies and to unilaterally terminate this Agreement without any notice or grace period, without any obligation to pay compensation, fees, etc.

5.4. The user declares and undertakes that (i) all information, messages, data, text, photos, logos, graphics, visuals, links, and all related materials and data they upload to the Portal or request to be uploaded are legally owned by them and that they have the necessary permissions, approvals, and licenses regarding copyrights and similar rights that need to be obtained from third parties, (ii) that the publication and/or use of these do not violate any copyright or intellectual and industrial property rights belonging to third parties, (iii) that they consent to the publication and use of all this material and data within the www.reztoran.com website and REZTORAN's mobile applications and in advertising spaces for advertising purposes, and that they consent to the use and publication of these by REZTORAN for the purpose of advertising, marketing, promotion, and analysis of REZTORAN services, (iv) that they will immediately inform REZTORAN of any changes in these ownership rights, and irrevocably declare, accept, and undertake.

5.5. The user declares and undertakes that they transfer all their publishing, processing, reproduction, dissemination, representation, marking, sound and/or image transmission rights, including the rights of public transmission, transfer, and assignment of all financial rights listed in the Copyright and Artistic Works Law No. 5846 related to the messages, comments, photos, and correspondence they enter into the Portal to Reztoran indefinitely and free of charge. In this regard, the user has consented to Reztoran sharing the user's name and the first letter of their surname in the comments registered by the user on the Portal, preparing reports without disclosing membership information, using such information and reports, and sharing reports or statistics with partners or third parties for a fee or free of charge.

5.6. The user acknowledges that they will not reproduce, copy, distribute, process, or send the products, information, any database, images, texts, icons, visual and auditory images, video clips, files, website, software codes, HTML codes, and other codes, designs, catalogs, and lists found within the website in whole or in part, and that they will not directly or indirectly compete with Reztoran through these actions or by any other means.

5.7. The user will be solely and directly responsible for any damages that Reztoran may incur due to any violation of the obligations set forth in this article.

6. PERSONAL DATA

By accepting this Usage and Membership Agreement, you also accept the Personal Data Processing and Protection Policy found at (www.reztoran.com/kvk).

7. LIMITATION OF LIABILITY

7.1. All services provided under this Agreement are provided "as is" and on an "as available" basis in accordance with the terms written in the Agreement.

7.2. Reztoran does not express, guarantee, or warrant the reliability, accuracy, quality, suitability, or availability of any service or good obtained through the use of the Portal, website, mobile application, or other methods, nor does it guarantee that the service will be uninterrupted and error-free. Reztoran does not guarantee the quality, suitability, safety, or capability of the services that member restaurants will provide to users. All risks arising from the use of the services or any goods or services requested in connection with them will be the responsibility of the relevant restaurant to the maximum extent permitted by applicable law.

7.3. Reztoran is not liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including loss of profits, data loss, personal injury, and property damage, arising from the use of the services subject to this Agreement, even if Reztoran has been advised of the possibility of such damages.

7.4. Reztoran is not responsible for performance delays or failures arising from causes beyond its reasonable control. Additionally, Reztoran will not be responsible for (i) any changes it makes to the website, mobile application, or Portal, (ii) any permanent or temporary interruptions that may occur in the provision of the website (or any feature within the site); (iii) the deletion, corruption, or failure to maintain any content or other communications obtained or transmitted through the use of the website, Portal, or mobile application; (iv) the inaccuracy of the information entered by the user into the Portal; (v) the user's failure to maintain the security and confidentiality of their password or account details; (vi) any inability to access the website or Portal due to errors, failures, or interruptions in the equipment, hardware, infrastructure, systems, servers, or networks used by the user.

7.5. The parties have mutually agreed that Reztoran's liability to the User for all damages, losses, and legal reasons related to the services subject to this Agreement will be limited to the total amount of service fees collected by Reztoran from the User during the one-year period preceding the event causing the compensation claim, provided that this obligation is documented by a final court decision.

8. OTHER MATTERS

8.1. This Agreement shall enter into force indefinitely from the moment the user fills out the user registration form and marks that they accept the agreement in the system. The parties may terminate this agreement at any time.

8.2. In the event of a violation of any provision of this Agreement, Reztoran has the right to unilaterally terminate this Agreement without the need for any grace period or warning and to suspend or terminate the membership and service provision if any.

8.3. The user may not assign or transfer this Agreement or their membership in whole or in part without Reztoran's prior written consent.

8.4. In the interpretation of this Agreement and/or in the resolution of any disputes arising from this Agreement, Turkish Law shall apply directly, without resorting to Conflict of Laws Rules, even if there are elements of foreignness to the Agreement.

8.5. In the implementation of this Agreement, the Consumer Problems Arbitration Committees in the province or district where the user resides will be authorized for disputes regarding the value determined by the Ministry of Commerce of the Republic of Turkey each December, and for disputes exceeding this value, the Consumer Courts will be authorized.

8.6. The user acknowledges that the electronic records kept by Reztoran in its database or servers, commercial book records, computer records, and other commercial documents will constitute valid, binding, definitive, and exclusive evidence within the meaning of Article 193 of the Civil Procedure Code, and that this article constitutes a proof agreement.

8.7. The invalidity, disappearance, or unenforceability of some provisions of this Agreement and the contracts and annexes executed in connection with it will not invalidate the entire document. Other provisions will remain in effect.