DISTANCE SALES CONTRACT

In accordance with the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, please read the following DISTANCE SALES AGREEMENT (‘Agreement’) regulating the rights and obligations of the parties. By reading this Agreement and approving it electronically, you are deemed to have accepted the Agreement.

This Agreement enters into force between the BUYER and the SELLER immediately before the service subject to the Agreement is ordered by the BUYER, the SELLER informs the BUYER in a clear and understandable manner in the said environment on the issues in subparagraphs (a), (d), (g) and (h) of the first paragraph (a), (d), (g) and (h) of Article 5 of the Distance Contracts Regulation via the internet and then the BUYER accepts this Agreement in the electronic environment and will remain in force unless terminated by the parties as specified in the Agreement.

For the BUYER who is not fully competent, has not completed the age of 18 (minor), is restricted and/or does not have the power of appeal, this Agreement shall enter into force upon being read and approved electronically by his/her parent/guardian.

The BUYER accepts, declares and undertakes that he/she has been informed about the essential elements of this Agreement, that he/she has read and understood the text of the Agreement and that he/she has irrevocably accepted the provisions of this Agreement.

ARTICLE 1- PARTIES

1.1. SELLER

Title: DEMİRÖREN AJANSI A.Ş.

(hereinafter referred to as ‘DHA’ or ‘SELLER’ within the scope of this Agreement)

Address: 100. Yıl Mahallesi, 2264. Sokak, No:1, Demirören Medya Centre, Bağcılar/İstanbul

Telephone: ........................

E-mail: ........................

MERSIS No: 0289068534300001

1.2. BUYER

Name/surname/Title: ........................

ID NUMBER/VKN: ........................

Address: ........................

Telephone: ........................

E-mail Address: ........................

 

ARTICLE 2- SUBJECT

The subject of this Agreement is the determination of the rights and obligations of the parties in accordance with the Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation in relation to the sale and use of the digital content whose qualifications and sales price are specified below, which the BUYER has ordered electronically through the DHA's website and/or mobile application with the URL address www.dhapress.com (hereinafter referred to as ‘Mecra’).

ARTICLE 3- CONTRACTUAL CONTENT AND PAYMENT METHOD

3.1. This Agreement covers the sale to the BUYER of news, bulletins, visuals, videos, etc. digital contents (hereinafter referred to as ‘Content(s)’), all copyrights of which belong to DHA, produced by DHA in accordance with the current legal regulations, provided by DHA from its national and international solution partners, copyrighted employees, published by DHA in line with its own broadcasting and journalism principles, taking into account legal limitations, and included in its archive. The type, amount, sales price and payment method of the Content are as follows.

Content Type: ........................

Description of Content: ........................

Sale Price (including VAT): ........................

Payment method: ........................

Billing Address: ........................

 

3.2. Access to the purchased Content shall commence as of the moment of purchase. With this Agreement, the BUYER has the right to use the Content indefinitely after accessing the purchased Content via the website and / or mobile.

3.3. The BUYER shall use the Content only on the Platform(s) specified at the time of purchase, either during the purchasing process or on the membership screen.

3.4. This Agreement does not in any way provide the BUYER with an exclusive authority regarding the Content in question, and DHA has the right to make a sales contract with third real/legal persons regarding the same Content and to use the Content. This Agreement does not cover the news, packages and bulletins that DHA will and/or does issue under other names, except for the specific Content sold by DHA to the BUYER.

3.5. Content not purchased by the BUYER is outside the scope of this Agreement.

3.6. The sales price of the Content purchased by the BUYER shall be paid in advance.  The Sales Price includes all taxes. Payments can be made only by the method detailed below:

- Credit Card Payment: It is the only valid payment method made by using a credit card by following the instructions on the platform. In this method, the Sales Price is collected by the authorised electronic payment provider. Depending on the Buyer’s country and bank, the payment provider may offer installment options. If an installment option is chosen, an additional installment fee may apply to the Sale Price. However, in such a case, DHA has no responsibility, and the interest rate difference arises entirely from the contractual relationship between you and the payment provider.

ARTICLE 4- GENERAL PROVISIONS

4.1. The BUYER accepts and declares that he/she has read the preliminary information and other information regarding the basic qualifications, sales price and payment method of the Content/Content subject to the Agreement offered for sale through the Mecra belonging to DHA and the above-mentioned Mecra, and that he/she has read the preliminary information and other information regarding the sales price and payment method, and that he/she has received accurate and complete information and has given the necessary confirmation for the purchase electronically.

4.2. In order for the BUYER to be able to use the Content, this Agreement must be established electronically with the approval of the BUYER and the sales price must be paid by the BUYER via credit card. If for any reason the price of the Content is not paid or is cancelled in the bank records, DHA is deemed to be released from the obligation to supply and deliver the Content.

4.3. The BUYER accepts and undertakes that all the information provided to DHA during the creation of membership and the use of the services offered in Mecra is correct and that DHA has no responsibility for any problems that may arise from the fact that this information is incorrect or incomplete when necessary. In case of any change in the BUYER's information, it is the BUYER's responsibility to update such information through the BUYER profile.

4.4. In the event that the payment for the Content subject to the Agreement is made by the BUYER by credit card, all legal risks, including the unfair and unlawful use of the credit card by unauthorised persons, which may arise from the difference between the BUYER and the credit card holder, belong to the BUYER. The BUYER accepts, declares and undertakes that he/she will not make any claim from DHA in case he/she suffers any damages in the aforementioned cases.

4.5. If DHA cannot provide the Content subject to the Contract within the legal 30 (thirty) day delivery period due to force majeure and/or technical reasons etc., it is obliged to notify the BUYER within 3 (three) days. In this case, the BUYER may use one of the rights to cancel the order and / or postpone the supply period until the preventive situation is eliminated. If the BUYER cancels the order due to the Content not being delivered to the BUYER within the period specified in this article, the amount paid by the BUYER shall be paid to him within 14 (fourteen) days through the payment instrument he has chosen.

4.6. The BUYER accepts, declares and undertakes that the electronic media, tools, programmes, software and equipment that the BUYER can use the purchased Content will be provided by him/her and that DHA will not be responsible for technical deficiencies and malfunctions that may occur whether or not they are his/her fault.

4.7. BUYER, Content,

(i) copying;

(ii) unless otherwise authorised by law, reverse engineer, disassemble, modify in any other way, reproduce, archive, extract any part of the Content (including, but not limited to, any related malicious signatures and malware detection procedures);

(iii) unless otherwise authorised by law, modify, alter or reorganise the Content (including but not limited to, but not limited to, the relevant malicious signatures and malware detection procedures);

(iv) transfer, rent, lease, sell, share or licence the Content in connection with the transfer, rental, lease and purchase of the Content from the mobile and any similar portable device on which the Content was originally uploaded

(v) allowing a third party to access or use such Content in a service bureau, timesharing, subscription service or Content service provider or similar manner; or

(vi) agrees, represents and warrants that it will not fail or obstruct, or attempt to fail or obstruct, or authorise or assist any third party to fail or obstruct, any controls on the use or uploading of copies of the Content.

4.8. The BUYER accepts, declares and undertakes that he / she has read and accepted the Mecra Privacy Policy within the scope of the service he / she will receive through Mecra, and that this Agreement will be terminated in case of violation of them.

4.9. By accepting this Distance Sales Contract, the BUYER accepts, declares and undertakes that he accepts the terms of use and campaign conditions regarding the privileges such as campaigns, discounts, coupons of different brands offered on Mecra.

4.10. All kinds of data and materials in the content of the Content are provided ‘as is’ and DHA does not give any warranty regarding its use or performance. DHA does not give any direct, indirect or statutory warranties, including, but not limited to, implied warranties of fitness for a particular purpose. DHA also does not warrant non-infringement of third party rights, marketability, satisfactory quality or integration of the Content with other content. It is the BUYER's obligation to choose the Content in order to achieve the targeted results and to install and use the software related to the Content and the results obtained from the software. Without limiting the foregoing, DHA does not warrant that the Content will protect the BUYER against all threats, will not malfunction, will not be interrupted, or that the software will meet specific requirements.

4.11. The BUYER, during and in the continuation of this Agreement, regarding the Content purchased from DHA, regarding the rights to publish and benefit from the Content, cannot allow the Content to be published in any other media and broadcasting organ (newspaper, magazine, radio TV, internet, billboard, GSM, multimedia, etc.) and cannot reproduce the Content. In the event that a use other than the licence conditions (type of broadcast, country, etc.) specified when purchasing the Content is detected, the BUYER agrees to pay a penalty fee of 5 times the sales price of the Content due to the detected use. In the event that the BUYER shares the relevant content with other institutions/organisations or media in violation of the provisions of this article, the BUYER has accepted and declared to pay compensation to DHA in proportion to the resulting damage.

4.12. The editorial/creative evaluation of the Content purchased under the Agreement is at the initiative of the BUYER, and DHA has not made any commitment to the BUYER regarding the editorial/creative evaluation, except for the transmission of the Content purchased by the BUYER under this Agreement to the BUYER, and has not given any direct or indirect guarantee.

4.13. The BUYER and DHA accept, declare and undertake that the correspondence addresses mentioned at the beginning of this Agreement are valid notification addresses and that all notifications to this address will be deemed valid. The BUYER may forward its requests and complaints to the DHA telephone and e-mail addresses specified above in this Agreement.

4.14. Persons under the age of 18 (eighteen) and adults deprived of the power of discernment or restricted adults cannot shop without the consent of their parents or guardians. Those who purchase Content on behalf of a legal entity must be authorised to represent and manage the company. Otherwise, they accept and declare that they will be responsible for the damages arising before DHA.

4.15. Failures in the systems that constitute the direct and indirect technical infrastructure of the service offered at the Mecra, interruptions in the service due to interruptions, malfunctions, speed decrease and similar reasons, image quality and security problems, general power outage, bad weather conditions, war, terrorist acts, embargo, natural disaster, fire, flood, state of emergency, cyber attack, DHA shall not be liable for late or incomplete performance or non-performance of any of its obligations in all cases and/or unforeseen circumstances and/or disruptive circumstances beyond the reasonable control of DHA, such as virus infection of devices, riots, strikes, broadcast closure, access blocking, access interruption and restriction decisions of administrative and legal authorities, and / or in all cases deemed force majeure under the Turkish Code of Obligations. These and similar cases shall not be deemed as delay, incomplete performance or non-performance or default for DHA, nor shall any compensation under any name be claimed from DHA for these cases.

4.16. DHA reserves the right to unilaterally change the provisions of this Agreement, add new articles or remove articles due to technical requirements or changes in legislation and similar compelling reasons. If the changes to be made in this Agreement are not accepted by the BUYER, the BUYER shall have the right to terminate this Agreement immediately. DHA shall have the right not to provide, suspend or terminate the service subject to the contract if the changes in the Contract are not accepted by the BUYER.

4.17. The BUYER accepts, declares and undertakes that in order to benefit from the paid services that he/she wants to benefit from this Agreement, his/her computer or other electronic devices and technical equipment that he/she will use the service offered in the Content and / or Media meet the minimum criteria required for the services, and in case he/she cannot benefit from the services due to computers and / or technical equipment that do not meet these criteria, DHA has no responsibility and therefore cannot make any claims from DHA.

4.18. In the event that the digital service subject to this Agreement cannot be provided due to the fault of DHA, DHA will notify the BUYER of this situation. In the event of such an event, the BUYER may use one of the optional rights to return from the contract or to request a discount from the sales price based on the delay period. The BUYER's rights under the provisions of Article 15 of the Law No. 6502 on the Protection of Consumers are reserved.

4.19. The BUYER may not use the Content offered by DHA in any way that disrupts public order, contrary to the law, general morality, in a way that disturbs or harasses others, in a way that violates the intellectual and copyright rights of third parties. In addition, the BUYER cannot engage in activities and transactions that prevent others from using the Content (spam, virus, blocking, blocking, etc.), making it difficult.

4.20. This Agreement does not give the BUYER the right to make a non-publication request, prohibition or similar request against DHA regarding the publication and / or non-publication of the Content belonging to DHA.

4.21. While using the Content purchased by the BUYER, the BUYER has undertaken that he/she will act in accordance with the provisions of ‘Commercial Advertisement’ in Article 61 of the Law No. 6502 on the Protection of Consumers and the legal regulations regarding Unfair Competition, Press Law No. 5187, the Law on Intellectual and Artistic Works No. 5846 together with the professional principles of press broadcasting, and all other legal regulations related to the subject, and that he/she will show the utmost care and attention in this regard, and that he/she will not change the Content, distort its essence and change it in a different meaning. For this reason, all administrative, financial and legal liability that may arise due to violation of all legal regulations in question belongs to the BUYER. If DHA suffers any damage due to the BUYER's violation of this obligation, any material and moral damages incurred shall be compensated by the BUYER within 5 (five) days after the written notification to be made by DHA without any notice and notice.

4.22. The BUYER does not have the right and authority to inspect, audit and test the Content purchased from DHA.

4.23. The BUYER is obliged to use the ‘DHA’ pseudonym/logo in the Content purchased and used from DHA under the Agreement. In case of violation of this article of the Agreement, the BUYER agrees to pay a penalty fee of 5 times the sales price of the Content.

4.24. The BUYER does not have the right to use the name ‘DHA’ or any other trade names or logos of DHA, except in connection with the Content, and has the right to use these trade names and logos only in accordance with this Agreement and to the extent necessary for the provision of services. The BUYER has absolutely no interest or right in DHA's trademarks, trade names, logos or other identifying marks, by law or in any other way.

4.25. Except for the rights expressly stated in this Agreement, no copyright or any other intellectual property right related to other content belonging to DHA is granted to the BUYER. DHA reserves all rights not expressly granted under this Agreement.

4.26. This Agreement shall in no way be interpreted as granting the BUYER the right to use DHA's brand, trade name, news, images, photographs, graphics, animations and similar written or visual newsletters and/or productions produced, purchased or otherwise obtained by DHA.

 

ARTICLE 5- RIGHT OF WITHDRAWAL

5.1. The digital Content service offered to the BUYER through the Mecra within the scope of the Service subject to this Agreement is within the scope of the services that are performed instantly in accordance with paragraph 3 of Article 18 of the Law on Consumer Protection and subparagraphs (ğ) and (h) of Article 15 of the Distance Contracts Regulation and the services that are started to be performed with the approval of the consumer before the withdrawal period expires and are delivered to the consumer instantly, so the BUYER has no right of withdrawal from the moment the BUYER is provided with access to the Content.

5.2. Pursuant to the Law on Consumer Protection and the Regulation on Distance Contracts, the consumer cannot use the right of withdrawal as follows

a) Contracts for goods or services whose price changes depending on fluctuations in financial markets and which are not under the control of the seller or provider.

b) Contracts for goods prepared in line with the wishes or personal needs of the consumer.

c) Contracts for the delivery of perishable goods or goods that may expire.

ç) Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; contracts for the delivery of goods whose return is not suitable in terms of health and hygiene.

d) Contracts relating to goods which are mixed with other contents after delivery and which cannot be separated due to their nature.

e) Contracts for books, digital content and computer consumables presented in material media if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.

f) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription contract.

g) Contracts for accommodation, goods transport, car hire, car hire, food and beverage supply and leisure time utilisation for entertainment or recreation, which must be made on a specific date or period.

ğ) Contracts for services performed instantly in electronic environment or contracts for intangible goods delivered to the consumer instantly.

h) Contracts for services whose performance is started with the consent of the consumer before the expiry of the right of withdrawal period.

5.3. If the service has started to be performed and during this period, no claim of defect can be made for reasons arising from the BUYER, such as the inadequacy of the BUYER's device, the browser version is old or the BUYER's internet connection is interrupted, or similar reasons arising entirely from the BUYER, it cannot be evaluated within the scope of the right of withdrawal, and a refund cannot be requested for these reasons. DHA does not accept responsibility in such cases.

 

ARTICLE 6- PROTECTION OF PERSONAL DATA

Explanations regarding the personal data processed by the BUYER for the purpose of using the service subject to this Agreement and purchasing Content and information on the rights of the BUYER are available on Mecra.

 

ARTICLE 7- CONSUMER COMPLAINTS REMEDIES, CONTACT INFORMATION AND AUTHORISED COURT

Within the scope of disputes arising from the implementation of this Agreement, the BUYER may apply to the Consumer Arbitration Committee or Consumer Courts in the place where the BUYER purchases the goods or services or where the BUYER's residence is located within the monetary limits announced by the Ministry of Commerce in December each year. For subscribers who do not have the title of consumer, legal remedies will be applied within the framework of the provisions of the Turkish Commercial Code and the Turkish Code of Obligations.

In the event of any disputes arising from this Agreement, Turkish Law shall apply, and the courts and enforcement offices of Bakırköy, Istanbul are authorized only.

The complaint and objection procedures stipulated in the Law No. 6698 on the Protection of Personal Data are reserved for requests regarding personal data.

This Agreement has been arranged at the place where the service is provided to the BUYER and with the free will of the Parties, and this agreement has been read and accepted and confirmed by the parties electronically on ...../...../........ In matters not regulated in this Agreement, the provisions of the Law No. 6502 on the Protection of Consumers and the relevant legislation shall apply.