1. INTRODUCTION AND PARTIES
This Deckoy User Agreement is between Deckoy and all persons who accept the terms of this Agreement and use all products and services to be offered through Deckoy website (www.deckoy.com), Deckoy mobile application and/or other physical and digital channels where Deckoy products and services are offered for sale. Regulates the conditions for the sale and use of products and services. By visiting and using the Platform, the User expressly accepts, declares and undertakes that he has read and understood this Agreement, that he is bound by the Agreement, that he will not violate the terms specified in the Agreement and all relevant legislation. Deckoy has the right to make changes to this Agreement at any time. This Agreement enters into force as soon as it is announced on the Platform.
2. DEFINITIONS
In this Agreement, the following terms have their respective meanings. The same definitions will be considered valid for the plural uses of the expressions defined here. Agreement : This Deckoy User Agreement Platform : Deckoy website (www.deckoy.com), Deckoy mobile application and/or other physical and digital channels where Deckoy products and services are offered for sale Deckoy : Deckoy User who operates the Platform : All products to be offered through the Platform and all persons using the services Renter : Users who rent a Boat through the Platform Boat Owner : Real and legal persons who rent the Boats they own or are authorized to rent through the Platform. Boat : Sailing boats, motor yachts, catamarans or boats offered for rent through the Platform by the Boat Owners. Rental Agreement of any other type of watercraft: The rental agreement between the Boat Owner and the Renter regarding the rental of the Boat, to which Deckoy is not a party.
3. DECKOY, PLATFORM AND MEMBERSHIP
3.1. Platform's Function and Deckoy's Field of Activity
Deckoy is the owner and operator of the Platform, and as its main field of activity, it aims to bring together the Boat Owners who want to rent their Boats and the Tenants who want to rent their Boats through the Platform. The Platform is a channel where Boat Owners create rental advertisements, Renters can view the announced Boats, and ultimately allows the formation of a Rental Agreement between the Boat Owner and the Renter. Deckoy does not sell or rent any Boats on the Platform. The service provided by Deckoy is to provide a medium for Boat Owners and Renters as specified in this article, and Deckoy is not a party to the relationship between these parties. Deckoy does not make any guarantees or commitments against the Boat Owner on behalf of the Renter, or against the Renter on behalf of the Boat Owner, and is not responsible for the actions of these parties. The legal relationship and agreement between the Renter and the Boat Owner regarding the rental of the Boat and the provision of related products and services is established between the Boat Owner and the Renter, and Deckoy is not a party to the said legal relationship and agreement. Deckoy has no control over the Renters or Boat Owners and Deckoy has no responsibility for the actions of the Renters against the Boat Owners or the breach of agreement between them, or the actions of the Boat Owners against the Renters or the breach of the agreement between them. . Tenants and Boat Owners will not make any demands from Deckoy in this regard due to the relationship between each other.
3.2. Membership
The user has a password to be determined by himself. In addition, the e-mail address and phone number used during registration to the Platform are specific to the User and only one membership can be created with this e-mail address and phone number. The password is known only to the User. The user has the right to change his password at any time. It is the User's own responsibility to choose the password, keep it confidential and protect it. Deckoy will never be responsible for the problems that may arise from the use of the password by third parties. In order for the User to connect to services that require Platform membership, he must enter the e-mail address and password he entered during registration. The User may terminate his membership on the Platform at any time. Deckoy has the right and authority to cancel the membership of the User, change the form of the service and/or cancel it without giving any reason. Deckoy may make the nonmembership-free products and services on the Platform later on, may make some free products and services chargeable, open additional additional products and services, change, convert, suspend or disable some products and services, You can create special campaigns and privileges for users who have a membership, and these can be terminated later.
3.3. Users
By making use of the services offered on the Platform (at Deckoy's discretion, either by paying a certain price or free of charge) or by accessing the Platform in any way, users are over 18 years old, have read the entirety of this Agreement, fully understand its content, and They have accepted that they have approved the articles by accepting them unconditionally. Parents of persons under the age of 18, or persons responsible for caring for them or taking care of them, supervise and control the subscription of the person under the age of 18 to the Platform or use the Platform, allowing the person under the age of 18 to become a member of the Platform when they deem necessary. or to prevent them from using the Platform and to take the necessary measures for this. In case the persons under the age of 18 do not take any precautions in this regard or allow the person under the age of 18 to become a member of the Platform or to use the Platform with their own consent, all kinds of problems that may arise from the person under the age of 18 Responsibility belongs to those who are responsible for taking care of him and taking care of him. Users under the age of 18 cannot establish a Boat rental relationship as a Renter or Boat Owner on the Platform. Deckoy does not accept responsibility for the cancellation of the said rental transaction by the other party of the transaction in case of any of these persons making a rental transaction.
4. PLATFORM TERMS OF USE
4.1. General Terms
Rentals to be made through the platform are for personal use only. Tenants can rent from the Platform only for themselves and without any commercial purpose. It is strictly forbidden to rent the Boats and services rented through the Platform to third parties or to be subject to re-trading in any way. Users, through the interactive areas on the Platform, do not use any form of illegal, threatening, offensive, insulting, profanity, minor may not post or transmit defamatory, vulgar, pornographic, offensive or immoral information, and may not engage in acts or actions that violate the rights of other Users or third parties. Users can use the Platform as an end user for personal purposes and to benefit from the products and services offered by the Platform. Apart from this, Users may not use software or hardware that will interfere with the working system of the Platform, cannot use bots, robots, spiders and similar software within the Platform, cannot transact through these, cannot take any action that will impose an unreasonable and disproportionately large load on the Platform's infrastructure. In any case, Deckoy may not allow the User to make transactions with an intensity that does not comply with the individual usage measures. Deckoy may temporarily suspend the Platform, products and/or services within the Platform, or stop it completely, if necessary. Deckoy has no responsibility to the Users for the temporary suspension or complete suspension of the Platform or the products or services in this way or the closure of the Platform. Users may not obtain permission from the owner or holder of any information, software or other material that violates another's privacy or broadcasting rights, is protected by copyright, trademark or other proprietary rights, or is adapted from materials falling within these described classes. cannot post or transmit without receiving it. The platform can never be used for political purposes, attack or protest. Users may not use the Platform to collect information about other Users and third parties. The terms of this Agreement may be changed unilaterally by Deckoy later on, and the Users have accepted that they will be deemed to have accepted the changes that may be made by Deckoy in the future to the provisions of this Agreement. By accepting this Agreement, users have accepted all agreements, policies and other conditions published on the Platform. Deckoy may prevent the User from using the Platform and reserves its legal rights when necessary, if the User does not comply with this Agreement and the usage rules to be announced separately by Deckoy.
4.2. Deckoy Statements and Commitments
Deckoy respects all Users' personal rights and privacy rights. It accepts and undertakes that it will not give personal information to any institution or organization for any reason, except for the reasons written in this Agreement and the request of the judicial authorities. Deckoy does not accept any responsibility for the consequences that may arise if the Users' information is captured by malicious persons as a result of attacks on the database and if they are used maliciously. Deckoy is not responsible for what Users write in interactive areas within the Platform. It is not necessary to share the opinions written here. Deckoy has the right to remove the content added by the Users from the Platform without giving any reason. Deckoy is not responsible for any damages that may occur due to unauthorized reading of user data without Deckoy's negligence (the User's sharing his information with other people, not logging out when leaving the site, forgetting or stealing the phone on which the application is open in public, etc.). Deckoy is not responsible for any User's behavior within the Platform. Under no circumstances shall the use of the Platform, its content, whether they are online or offline, loss, damage, loss, death, etc. from the consequences arising from the communication and interaction between the Users. Even though Deckoy has no responsibility. Deckoy may enable Users to switch from the Platform to other websites. Such a link does not imply endorsement or reference of the linked website by Deckoy. In this case, Deckoy cannot be held responsible for any damage, loss or negativity caused by the contents of the websites to which the User switches. Deckoy has the right to monitor any activity that takes place on the Platform, either by itself or by third parties that it will authorize. Deckoy has the right and is not under any obligation to do so, at its sole discretion and without prior notice, to remove any activity that it deems appropriate or that it considers likely to violate this Agreement.
4.3. Intellectual Property Rights
The software constituting the Platform and all the content on the Platform are subject to intellectual and industrial property and all kinds of sounds, images, texts, documents and all kinds of ideas, know-how and all other intellectual and industrial rights and all copyrights related to its content are exclusively Deckoy. or contracted third parties that provide them to Deckoy. The structure and content of the Platform, all kinds of photographs, videos, visual materials, characters, drawings, animations, texts and other intellectual property content are protected by law. No photos, videos, visual materials, characters, drawings, animations, texts and other intellectual property content on the Platform that are subject to intellectual property rights can be changed or copied, including code and software, without prior permission and reference. Cannot be reproduced, translated into another language, republished, uploaded to another computer, posted, forwarded, presented or distributed, used in whole or in part on another website or application without reference. Users must ensure that the copyrighted content uploaded to the Platform does not constitute an attack on the copyright and other rights of third parties or is not illegal. Otherwise, the copyright owner or its representative or any other third party to notify Deckoy about the use of the Platform as a tool for an illegal transaction or infringement, or if this unlawful situation is determined by a court order or acknowledgment of the relevant User. Deckoy may revoke this User's right to access and/or use this Platform.
5. PLATFORM TERMS OF USE
Deckoy, Renters, Boat Owners and related parties, for any loss of business, use or data, business interruption, loss of earnings or goodwill, or other direct, indirect, special, incidental, even if information or advice has been given regarding any exemplary or consequential damage, the possibility of such damage or loss, and has received any real or helpful information that such damage may occur. This case of irresponsibility also includes any liability that may arise from any third party claim that may be brought against the Renter or Boat Owner. Deckoy is not responsible for any damage suffered by Users whether they are a member of the Platform or not, even if the said damage is caused by Deckoy's own fault and negligence. In this context, Renters, Boat Owners and all Users, including but not limited to the ones listed, access to the Platform, violation of the terms and agreements published in the Platform, interaction with any User, any Boat reservation and rental, advertisements on the Platform, a Boat ' Deckoy and its related parties and affiliates from all claims, liabilities, damages, losses and expenses, including legal costs and attorney's fees, in terms of injury, loss or damage that may arise as a result of leasing the Company, or any other loss and damage not listed here, and their employees, members of the board of directors, managers, agents, and representatives have accepted, declared and committed in advance that they will not hold them responsible.
6. OTHER PROVISIONS
This Agreement is subject to Turkish Law. This Agreement will enter into force indefinitely upon approval by the User or when the User logs into the Platform without approving this Agreement. The e-mail address and other contact information provided by the User to Deckoy are considered as the e-mail address where all kinds of notifications to be made under this Agreement can be made.