MEMBERSHIP AGREEMENT AND DISTANCE SALES AGREEMENT

 PARTIES

This Terms of Use and Membership Agreement (hereinafter referred to as the “Agreement”);

On the one hand, the owner of www.touchapp.io and mobile device applications, registered in the adress Kestel Neighbourhood Kökleme Street No: 9 B Alanya / Antalya, with the Mersis number of 085809223770001, TOUCH SOCIAL MEDIA NETWORK YAZILIM GELİŞTİRME VE  TİCARET LİMİTED ŞİRKETİ (hereinafter referred to as “TOUCHAPP”) and on the other hand persons (“Member”) who accept the following terms regarding www.touchapp.io or mobile applications officially announced by Touchapp (hereinafter referred to as “Platform”).

TOUCHAPP and the Member are referred to in the Agreement individually as “Party” and together as “Parties”.

  1. DEFINITIONS

Touchapp : TOUCH SOCIAL MEDIA NETWORK YAZILIM GELİŞTİRME VE  TİCARET LİMİTED ŞİRKETİ.

Member: It refers to the User and Potential User who signs the Terms of Use and Membership Agreement on the platform electronically.

User: It refers to real or legal persons who accept the Terms of Use and Membership Agreement on the www.touchapp.io page and all agreements, permission and approval forms signed during the membership process, including but not limited to these, and who gain the title of “User” by performing identity verification.

Potential User: Refers to persons who have signed the Terms of Use and Membership Agreement on www.touchapp.io, but have not authenticated their identity and are not allowed to purchase, spend and earn coins unless they authenticate their identity.

Visitor : Refers to persons who visit the Platform without being a member.

Coin: Currency points belonging to the app bought by the members within the app.

Platform : It refers to the website consisting of the domain name www.touchapp.io and the subdomains connected to this domain name and the mobile applications offered to service on the Android operating system and IOS operating system of Touchapp.

Personal Data Processing and Protection Policy : It refers to the text that regulates the general procedures and principles regarding TOUCHAPP’s processing of personal data, including issues such as the purposes and manner in which personal data processed by TOUCHAPP will be used by TOUCHAPP and which can be accessed through the Platform.

Services : Refers to the applications offered by TOUCHAPP in order to enable Members to perform the business and transactions defined in the Terms of Use and Membership Agreement.

KVKK : Refers to the Law No. 6698 on the Protection of Personal Data and all legislation related to this Law.

  1. PURPOSE

The Agreement is preparedfor the purpose of regulating the mutual rights and obligations between TOUCHAPP and the Member and to the extent as much as it can be applicable between TOUCHAPP and the Visitor with respect to the use of the Services provided by TOUCHAPP.

  1. STARTING

The Agreement starts when the Visitor becomes a member of the Platform electronically. While becoming a member of the Platform, the Visitor accepts, declares and undertakes that he / she has read all the provisions of the Agreement and each article separately and agrees to abide by article.

  1. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. In order to gain membership status, the Terms of Use and Membership Agreement on the Platform must be signed electronically, the information requested herein must be filled in correctly and up-to-date, and the membership application must be evaluated and approved by TOUCHAPP. Following the approval of the membership application by TOUCHAPP, Visitors are accepted as Potential Users.

5.2. The User status starts when the Potential User completes the identity verification procedures and is approved by TOUCHAPP, and thus the User acquires the rights and obligations specified in the Agreement and the relevant parts of the Platform. The fact that the User activates his/her account by signing the Agreements and completes the authentication process does not mean that he/she immediately benefits from the coins. TOUCHAPP may establish certain rules for its users to use their accounts and may update these rules at any time without prior notice.

5.3. The User, who is a real person, accepts, declares and undertakes that he/she is over 18 years of age and has the capacity to exercise civil rights under Turkish law in order to use the site. In this context, it accepts, declares and undertakes that it will only use the account itself, without prejudice to article 5.7 of the contract, and that it will not act on behalf and account of a third party.

5.4.All intellectual and industrial rights, including but not limited to all services, domain names, software codes, interfaces, contents, product reviews, videos, algorithms, drawings, models, designs, copyrights and all other intellectual and industrial rights connected to the service offered on the Platform are exclusively owned by TOUCH SOCIAL MEDIA NETWORK YAZILIM GELİŞTİRME VE TİCARET LİMİTED ŞİRKETİ. (Except for the content and applications provided by third parties.) TOUCHAPP does not allow the copying, reproduction and dissemination of these services and services and the pages related to these services and services, and to be subjected to reverse engineering processes. The Member and the Visitor accept, declare and undertake that they will not act contrary to these provisions. Violation of these provisions by the person or persons directly or indirectly associated with the Member shall be grounds for unilateral and justified termination of the contract and all legal and criminal liability belongs to the Member. TOUCHAPP has the sole discretion not to open an account for this person or persons in the future.

5.5. The Member is responsible for the accuracy and confidentiality of the information provided while becoming a member of the Site, for the membership and password information determined by the member during the membership period, for the protection of the confirmation codes sent by the system during the validity period, not to be shared with third parties or to be seized by third parties in any way whatsoever. On the other hand, TOUCHAPP cannot be held responsible for cyber-attacks and all kinds of theft crimes that may occur in the User’s accounts or TOUCHAPP’s systems due to TOUCHAPP’s or the internet hosting company’s systems or for any reason. The User accepts, declares and undertakes that he / she will not make any claims under any name from TOUCHAPP for damages arising in these matters, and in this respect, he / she irrevocably ABSOLVES TOUCHAPP.

5.6. The Member and the Visitor declare that they accept that they will act in accordance with the provisions of the Agreement, all conditions specified on the Platform, applicable legislation and ethical rules in the transactions and correspondence they carry out on the Platform. The legal and criminal responsibility for the transactions and actions of the Member and the Visitor within the Platform belongs to them.

5.7. The User agrees in advance that he/she will not use the website for purposes contrary to all legislation in force in the Republic of Turkey, in particular the Law on Prevention of Laundering Proceeds of Crime, and the general rules of law, and that he/she will not allow others to use the website for purposes contrary to the law and legislation, and that he/she will be responsible for all legal and criminal liability that may arise if he/she uses the website for purposes contrary to the law and legislation or allows others to use his/her account. TOUCHAPP cannot be held responsible for the seizures and restrictions that are made on the account and the coins by the competent authorities due to the User’s use of the account in violation of Turkish Laws.

5.8. TOUCHAPP will be able to share the information of the Member and the Visitor with the competent authorities in accordance with the legislation in force, limited to the request.

5.9. TOUCHAPP may always request certain information/documents from the User fordata security, account-transaction confirmation and/or fulfillment of obligations arising from existing and future legal regulations.

The User is obliged to document the accuracy of the information regarding his/her membership if requested by TOUCHAPP. In the event that the requested information is not shared by the User at all, incomplete or late, TOUCHAPP has the right to unilaterally terminate the contract, block, suspend or completely delete the user’s account without prior notice. TOUCHAPP shall not be liable for any damages arising for this reason.

5.10. The User is responsible for all transactions related to the coins purchased/to be purchased on the Platform.

5.11. The User is responsible for all tax liabilities and other obligations that may be imposed by legal regulations arising from the User’s use of the Platform. No invoice will be sent to the User due to the User’s use of the Platform and the transactions made by the User.

5.12. The membership and password information required by the Member to access the Account Information Page and to perform transactions on the Platform is created by the Member and the security and confidentiality of such information is the sole responsibility of the Member. The Member must use a strong password on the Platform and use the relevant password only on the TOUCHAPP Platform. The Member is responsible for the accuracy and confidentiality of the information provided while becoming a member of the Platform, and accepts, declares and undertakes that the transactions carried out with the membership information and password belonging to him/her have been carried out by him/her, that the responsibility arising from these transactions belongs to him/her in advance, that he/she cannot assert any defenses and/or objections that he/she did not carry out the transactions and transactions carried out in this way, and / or that he/she cannot avoid fulfilling his/her obligations based on such defenses or objections.

5.13. TOUCHAPP cannot be held responsible in any way for technical failures that may occur on the internet Platform. Furthermore, TOUCHAPP shall not be held liable for any damages arising or that may arise directly or indirectly due to short or long term technical failures. In cases where transactions are realized due to technical errors and/or at unrealistic prices, TOUCHAPP may cancel or reverse these transactions in order to correct the Platform and the systems used and to ensure its correct operation. TOUCHAPP shall not be held responsible for such transactions and no claim can be made under any name. In case of cancellation and/or revocation, the relevant User accounts may be frozen, and if a payment has been made, the refund of the unjust payment may be requested. In the event that the relevant fees are not returned, TOUCHAPP has the right to resort take any legal action.

5.14. The Member and the Visitor shall not use the Platform in a manner contrary to the law and morality, especially in the cases listed below.

5.14.1 Using the Platform to create, control, update or change a database, record or directory on behalf of any person;

5.14.2 Use of the Platform, in whole or in part, to disrupt, modify or reverse engineer the Platform;

5.14.3 Making transactions using false information or another person’s information, creating fake accounts by using false or misleading personal data, including false or misleading residence address, e-mail address, contact, payment or account information, and using these accounts in violation of the Terms of Use and Membership Agreement or applicable legislation, using another Member’s account, becoming a party or participant in transactions by replacing someone else or under a false name;

5.14.4 Spreading viruses or any other harmful software that damages the Platform, the Platform’s database, any content on the Platform;

5.14.5 Engaging in activities that will create unreasonable or disproportionately large loads on the communications and technical systems determined by the Platform or damage the technical functioning, using “screenscraping” software or systems such as automatic programs, robots, web crawlers, spiders, data mining and data crawling on the Platform without TOUCHAPP’s prior written consent, and copying, publishing or using all or part of any content on the Platform in this way without permission.

5.15. The Member and the Visitor are obliged to carry out their transactions on the Platform in a way that will not harm TOUCHAPP financially and the Platform technically in any way. The Member and the Visitor accept and undertake that they have taken all necessary measures, including using the necessary protective software and licensed products, to ensure that the use of the Platform does not contain any programs, viruses, software, unlicensed products, trojan horses, etc. that may damage the Platform. The Member and Visitor also agree that they will not enter the Platform by robot or automatic login methods.

5.16. It is unlawful to use the Platform or the content on it in violation of the terms of use determined by the Terms of Use and Membership Agreement or the provisions of the legislation in force; TOUCHAPP’s related claims, lawsuits and follow-up rights are reserved.

5.17. Coin Transactions;

The User will be able to request a refund from the coins defined in the TOUCHAPP account ONLY for the coins that he / she has earned / will be earned due to advertisements. The User will not be able to request a refund for any coins that he/she has purchased/will purchase. These coins can only be used with the “SPEND” method.

5.18. TOUCHAPP shall act as a prudent merchant and take all necessary care. Coins belonging to the user are backed up for possible cyber attacks.

5.19. Coin purchases made through the Platform cannot be reversed by TOUCHAPP. Since coin purchases cannot be reversed, the purchase price and transaction fee received by TOUCHAPP from the user cannot be refunded. The User declares and undertakes that he/she irrevocably ABSOLVES TOUCHAPP due to these transactions.

5.20. TOUCHAPP has the right not to accept the orders placed by the Users without any justification. However, in this case TOUCHAPP shall refund the money deposited by the Users.

5.21. TOUCHAPP initiates coin purchase and spending transactions within 48 hours from the date the order is entered into the system by the User, except for technical failures, unforeseen circumstances and circumstances not limited to these, in coin purchase and spending transactions made by the User in accordance with the rules and software infrastructure determined by TOUCHAPP. TOUCHAPP does not commit to any User to purchase and spend coins as soon as the order is placed. However;

5.21.1.TOUCHAPP shall not be liable for any damages arising in the event that coin purchase and spending transactions are not realized or realized late due to “force majeure” situations and/or legal obligations listed in the laws.

5.21.2.TOUCHAPP shall not be liable for any damages arising from the failure of execution or late execution of coin related transactions due to “force majeure” events and/or legal obligations listed in the laws.

5.22. TOUCHAPP shall provide support services only through the e-mail address info@touchapp.io. Support services are not provided to Users by any method other than this e-mail address. TOUCHAPP shall not ask Users for a password, SMS or e-mail confirmation code. The User agrees to receive support from TOUCHAPP in accordance with the provisions of this article. TOUCHAPP shall not be held responsible for the damages and losses suffered or likely to be suffered by its users in case of communication by using the TOUCHAPP name or creating this impression other than the aforementioned communication channel. TOUCHAPP cannot be held responsible for the victimization experienced by the users due to the capture of the users’ identity information and similar sensitive data by malicious third parties who introduce themselves as TOUCHAPP employees or through “pirate” sites created by using the TOUCHAPP name or by creating this impression. The user accepts, declares and undertakes that he/she irrevocably ABSOLVES TOUCHAPP in these matters.

5.23. TOUCHAPP’s internet Platform is a coin buying, spending and earning platform. Users can purchase coins through the Platform and earn coins from advertisements on the Platform.

5.24. TOUCHAPP does not guarantee that the use of the Platform is uninterrupted and error-free. Although the Company aims to make the Platform accessible and usable 24/7, it does not guarantee the operability and accessibility of the systems that provide access to the Platform.

5.25. Failure by TOUCHAPP to exercise the rights and powers specified in the contract at the time of their birth does not mean that these rights and powers and their use are waived, even implicitly. TOUCHAPP is entitled to exercise these rights and powers at any time in accordance with the legislation.

5.26. TOUCHAPP has the right to charge the User a service fee at a rate determined by the User for the purchase, spending and earning of coins. TOUCHAPP has the right to change these fees and rates at any time without prior notice. However, such changes will be announced on the Platform.

  1. PROTECTION OF PERSONAL DATA

6.1. Processing of Personal Data:

TOUCHAPP is subject to KVKK (Personal Data Protection Law No. 6698) regarding the processing of personal data obtained from its Users. TOUCHAPP processes personal data collected from its Users in accordance with the Personal Data Processing and Protection Policy, which can be accessed at www.touchapp.io Platform. The Personal Data Processing and Protection Policy is an integral part of the Terms of Use and Membership Agreement.

The e-mail address you contact us at must be the e-mail address you submitted during your TOUCHAPP membership process. Requests received from other e-mail addresses will not be responded to unless reasonable proof that you are a User is provided.

  1. INTELLECTUAL PROPERTY RIGHTS

The “TOUCHAPP” brand and logo, the design, software, domain name of the “TOUCHAPP” mobile application and the Platform, and any and all trademarks, designs, logos, trade dress, slogans and all other content created by TOUCHAPP in relation are the intellectual property rights of TOUCHAPP. The Member may not use, share, distribute, display, exhibit, reproduce or make derivative works from TOUCHAPP’s or its affiliated companies’ intellectual property rights without written permission. The Member may not use the whole or part of the mobile application or the Platform in another environment without the written permission of TOUCHAPP. In the event that the Member acts in a way that violates the intellectual property rights of third parties or TOUCHAPP, the Member is obliged to indemnify TOUCHAPP and / or the third party in question for all direct and indirect damages and expenses.

  1. LEGAL AND CRİMİNAL SANCTİONS

8.1. The member undertakes to use the site within the scope of the laws and all legislation of the Republic of Turkey. In case of illegal use, TOUCHAPP has the right and authority to share all information belonging to the member with the competent authorities. This matter cannot be considered as a breach of confidentiality and no responsibility can be attributed to TOUCHAPP.

8.2. Due to the implementation of the provisions of the Agreement, the Member undertakes that he/she will not make comments and posts that defame TOUCHAPP, damage its commercial reputation or create unfair competition by using the TOUCHAPP name and / or logo. This commitment covers all kinds of written and visual media and all social media authorities. If a violation of this article is detected, TOUCHAPP has the right to unilaterally terminate the contract, block, suspend or completely delete the member’s account without prior notice. Likewise, TOUCHAPP shall exercise all rights of indemnification against the Member for breach of this clause. The Member agrees, declares and undertakes that he/she irrevocably waives all rights of objection and claim in advance due to the application of this article.

8.3. TOUCHAPP has the right to temporarily or permanently close the account or accounts belonging to the User that it detects suspicious transaction attempts in terms of platform workflow and software security, and to suspend, freeze or temporarily close the User accounts that perform suspicious transactions. TOUCHAPP cannot be held legally and criminally liable due to the application of this article within the framework of the rules of honesty and good faith by TOUCHAPP.

8.4. In the event that TOUCHAPP sends crypto assets or Turkish Lira to the Member inadvertently causing unjust enrichment, this matter shall be notified to the Member immediately by any means (e-mail, call, sms, etc.). In the event that the Member does not return it within 1 business day despite the notification, the Member’s account may be closed, suspended or indefinite access may be suspended by TOUCHAPP without further notice or notification. Again in this case, TOUCHAPP may reduce the Member’s account to a negative balance as much as the transfer made by mistake and legal remedies will be taken. The Member agrees and undertakes in advance that he/she irrevocably releases TOUCHAPP in this regard. TOUCHAPP reserves the right to indemnify any direct or indirect damages incurred due to this transaction.

8.5. Although it is determined by TOUCHAPP that any clause or clauses in the contract have been violated by the Member, the fact that TOUCHAPP does not terminate the contract and does not take legal action against the Member cannot be interpreted as a waiver of these rights by TOUCHAPP. TOUCHAPP reserves all rights against these detected violations.

 

 

  1. CONTRACT AMENDMENTS

TOUCHAPP may unilaterally change the Agreement and any policies, terms and conditions on the Platform at any time it deems appropriate by publishing it on the Platform, provided that it does not contradict the provisions of the legislation in force. The amended provisions of these Terms of Use and Membership Agreement shall become effective on the date they are published on the Platform, and the remaining provisions shall remain in full force and effect and shall continue to give rise to their provisions and consequences. The amended articles and the agreement will be notified to the users via SMS and / or E-Mail, and if the Users continue to use the platform, they will have accepted the agreement and amendments exactly. Users who do not accept the agreement and amendments may terminate their membership without any indemnification obligation.

  1. FORCE MAJEURE

Cyber-attacks, riots, embargo, state intervention, rebellion, invasion, occupation, war, mobilization, strikes, lockouts, labor actions or boycotts, communication problems, infrastructure and internet failures, system improvement or renovation works and failures that may occur for this reason, power outage, fire, explosion, storm, flood, flood, earthquake, migration, epidemic or any other natural disaster or any other event beyond TOUCHAPP’s control that are not due to its fault and cannot be reasonably foreseen (“Force Majeure”) prevent or delay TOUCHAPP from performing its obligations arising from the Terms of Use and Membership Agreement, TOUCHAPP cannot be held liable for its obligations prevented or delayed as a result of force majeure and this situation cannot be considered a breach of the Agreement.

 

  1. GENERAL PROVISIONS

11.1. The User agrees that TOUCHAPP’s official books and commercial records and TOUCHAPP’s e-archive records, electronic information and computer records kept in TOUCHAPP’s database, servers shall constitute binding, conclusive and exclusive evidence in disputes that may arise from the Agreement and that this article constitutes an evidential contract within the meaning of Article 193 of the Code of Civil Procedure No. 6100.

11.2. The Agreement shall be governed exclusively by the laws of the Republic of Turkey. Any dispute arising out of or in connection with the Agreement shall be within the exclusive jurisdiction of Alanya Courts and Enforcement Directorates.

11.3. The Agreement constitutes the entire agreement between the Parties with respect to its subject matter. If any provision of the Agreement is held by any competent court or administrative authority to be invalid or unenforceable or unreasonable in whole or in part, the Agreement shall be deemed severable to the extent of such invalidity, unenforceability or unreasonableness and the other provisions shall remain in full force and effect.

11.4. The Member shall not assign its rights or obligations under the Agreement in whole or in part without the prior written consent of TOUCHAPP. TOUCHAPP may assign and transfer its rights, obligations, debts and/or receivables arising from the Agreement without any authorization.

11.5. The failure of either Party to exercise or enforce any right granted to it in the Agreement shall not constitute a waiver of such right or prevent the subsequent exercise or enforcement of such right.

11.6. When the member becomes a member of the site, the member accepts, declares and undertakes that he / she has read and understood all the articles of the contract separately and approves the entire content and all provisions of the contract. The user who does not accept the contract should not be a member of the site and should not benefit from the services of the site.

  1. ACCOUNT CLOSURE

The member may request the complete closure of his/her account at any time without any reason. The member can only submit this request via the link www.touchapp.io. Upon this request to be submitted by the member, the member’s account will be closed within 30 days from the date of receipt of the request.

The account transaction details and data of the Member whose account is closed in accordance with legal regulations and the legitimate interests of TOUCHAPP will continue to be stored by TOUCHAPP for the periods stipulated by law or required by the purpose of processing.

Consisting of 12 (twelve) main articles, the Membership Agreement and the Distance Sales Agreement have entered into force as of the moment of approval by being approved electronically by the Member by reading and fully understanding each provision.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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