Terms of Use
Last Updated: 1 January 2020
Welcome to Oprigram!
Please read these Terms of Use carefully. When you create a Oprigram account or use Oprigram, you agree to these Terms of Use. The Oprigram Service is provided by OPRİGRAM SAĞLIK EĞİTİM VE BİLGİ TEKNOLOJİLERİ ANONİM ŞİRKETİ (hereinafter referred to as "Oprigram", "we" or "us"). These Terms of Use constitute an agreement between you and us.
In these Terms of Use:
"Services" means all websites, applications and services related to all products, services, content, features, technologies offered to you by us.
"Platform" refers to websites, mobile applications, mobile sites or other online properties on which we provide our Services.
"User" means any natural and / or legal person using the Services on our Platforms for any reason.
"Opri" refers to any product, service, or other purchase request made by the User through our Services.
"Opri Owner"refers to Users who open Opri.
"Offer" refers to paid or unpaid product, service, or other sales content that Users submit to Opri Owners using our Services.
"Offeror" refers to those who are experts in their business, shop owners, service providers, sellers and / or other sellers.
"Token Pack" means the number of tokens that Users add to their balances after making a purchase in order to use the paid portions of our Services.
"Agreement"expresses these Terms of Use.
1. Services
We agree to provide you with our Services on our Platforms. The main activity of the Services on our Platforms is to bring together those who want to buy and / or sell something. For this purpose, we will provide you with information about our Services below:
1.1 To make inter-user commerce more interactive and widespread
Anyone may want to buy or sell something. We make it easier and more accurate for Opri Owners and Offerors and / or those who want to buy something and those who want to sell. That's why we're working to bring you appropriate offers for your Opris.
In addition, Opris are an opportunity for Offeror to make a potential sale. Each User may be a Offeror. We develop our Services so that you can offer according to your favorite areas. We therefore offer our Services to show you the appropriate Opris.
1.2 To provide more secure Services
We make improvements so that our Users can use our Platforms safely. Therefore, we provide Services that show the Offeror's Instagram, Facebook, Youtube, Web addresses and the Offeror's score. In addition, we have Services that endeavor to combat breach of our Agreement and harmful and deceptive behavior. We collect all the information we have to make our Platforms more secure. You can read our Privacy Policy for collected data.
1.3 To increase your communication and interaction with the Offerors
We offer Services to enable tenderers to contact you directly. However, in our Services, we offer Offerors the opportunity to add offer links. In addition, we offer Services to reject offers from you.
1.4 To carry out activities to keep our Service infrastructure alive
In order to provide global service, we need to store all the data in our systems. The technical infrastructure and systems where our Services are stored can be found in your country or in external countries. Our technical infrastructure resides on or can be found on Oprigram or third-party service providers from which Oprigram receives services.
1.5 To increase the diversity of our Services
By processing all the information on our Platforms, we develop new Services to increase the diversity of our Services and to ensure that our Users receive safer and more convenient Services.
We do not own Opris and Offers on our Platforms. We are not responsible for checking Opris, Offers, or other content of Users who use our Platforms. In addition, Oprigram is not responsible for any behavior, goods, and / or services that do not comply with the laws of Users Opri, Offerings and / or other content. Users are responsible for the accuracy and lawfulness of any content they provide to us.
2. Privacy Policy
All information you provide on our Platforms through our Services is subject to our Privacy Policy. You are responsible for the accuracy of any information and / or content you provide through our Services. You represent and warrant that such information is complete, protected and updated as necessary. You must accept our Privacy Policy to use our Platforms.
3. Commitments
Users; They agree that this Agreement constitutes an electronic Agreement establishing legally binding terms for other Users to use our Platforms. Users declare and undertake that they have read and fully understood the contents of this Agreement, that they have unconditionally approved all of its articles and that they are subject to the Agreement. Other commitments you give us are listed below:
3.1 People who can use our Platforms
While we ensure that everyone can use our Platforms, we also want to comply with the law. For this reason, you must accept certain restrictions before you can use Oprigram.
• You must be at least 18 years of age or at the minimum age required to use Oprigram in your country. (For most countries, the legal age limit is 18.)
• You must not engage in any unlawful conduct or make any provision that prohibits you from using Oprigram.
• Your account must not have been closed before.
3.2 What you can't do while using our Platforms
In order to establish trust in our Platforms, and to provide our Services, Users are required to do their part. Therefore, you agree and undertake to avoid the following actions.
• Users may not use our Platforms to disrupt public order, contrary to general morality, unlawful purpose, or to act contrary to the intellectual property and / or copyright of other Users.
• All information and / or content you provide to us while using any part of our Services must not infringe the copyright, intellectual property or other rights of any third party natural or legal person.
• You cannot impersonate others and provide inaccurate information.
• You may not create unauthorized accounts, access information on our Platforms or conduct information gathering.
• Offerors must not engage in unfair competition while using our Services and not submit offers that violate consumer rights.
• Users' Opris, offers and / or all other information or content may in no way be unlawful, deceptive, degrading, threatening, harassing or disrupting public order.
• You may not sell or transfer any part of your account.
• You may not purchase or transfer an account of another person.
• All information or content that Users provide to us cannot be unlawful, contain child pornography or malware.
• Users avoid behavior that damages personal information.
3.3 Any other provisions that you agree to and comply with
Other clauses that you accept, declare and / or undertake in addition to our Platforms are listed below:
• The User agrees and undertakes not to indemnify Oprigram for damages that may be incurred due to the use of our Platforms or the failure to use it as a result of a failure.
• The User acknowledges and agrees that the personal and other information provided by him / her when opening an account on our Platforms is correct under the law. User declares and undertakes that he will indemnify all damages that may arise due to the illegality of all information provided in the same way and immediately.
• User must not share the User name and password given to him on our Platforms with anyone other than himself. We reserve the right to indemnify all claims and damages arising from unauthorized use against all liabilities that may arise from this reason and any claims made by third parties or competent authorities against us.
• The User agrees and undertakes to comply with the laws while using our Platforms. Otherwise, all legal and penal obligations that may arise shall be binding wholly and exclusively on the User.
• Users are solely responsible for the Opris, Offers and / or all information and content provided by us while using our Services and have no interest or affiliation with Oprigram. Oprigram shall not be liable for any damages that other Users or third parties may incur due to the User's Opris, Offers and / or all information and content, and any damages that the User may incur due to the opinions and opinions expressed by third parties.
• Oprigram shall not be liable for any unauthorized reading of User data and for damages to User data. The User agrees and undertakes not to claim compensation from Oprigram for any damages incurred due to the use of our Platforms.
• The User agrees not to access or use the personal data of other Users without permission. Otherwise, the legal and penal responsibilities arising from this are the sole responsibility of the User.
• The software and design of our Platforms are our property and the respective copyright and / or other intellectual property rights therein are protected by law. These cannot be used, acquired or modified by the User without permission.
• The User acknowledges and agrees that he / she is responsible for all errors and their direct or indirect consequences that may occur in their software and operating systems while using our Platforms.
• Offerors are responsible for forwarding all other documents to the Opri Owner within the scope of the legal legislation including but not limited to the documents, invoices, receipts to be submitted as a result of the offer submitted to the Opri Owners. Oprigram has no responsibility for the provision of such documents.
• The User who violates one or more of the clauses in this Agreement is personally and legally liable for this violation. Also; In the event that the incident is referred to the law area due to this violation, Oprigram reserves the right to claim compensation from the User for failure to comply with the Agreement.
3.4 Permissions you have given us
You give us the permissions we need to provide our Services:
• You are granting us a license for your Opris, Offers, and / or other content. We do not claim to be the owner of any content you provide to us through our Services. When you publish or upload your Opris, Offers and other content in accordance with our Services; You grant us a non-exclusive, royalty-free, transferable, sublicensed and international license to Oprigram to allow us to host, use, distribute, modify, operate, copy, translate, and create derivatives. You may terminate this license at any time by closing your account. However, the content you share with other Users will appear even if you have closed your account.
4. Rights and Obligations
Our and the Users have rights and obligations under the terms of this Agreement.
Oprigram’s rights and obligations are set out below:
• Oprigram may temporarily suspend or stop the operation of their Platforms. Therefore, Users will not make any requests from us.
• Oprigram or the payment organization with which it cooperates may temporarily suspend or completely suspend Users of security-suspected Users from paying by credit cards, debit cards or other payment methods. For this reason, Oprigram has no responsibility to its Users or third parties.
• Oprigram has the intellectual property rights to all data generated by the use of the Platforms. Oprigram may prepare reports containing demographic information or use such information or reports on its own without disclosing User information, or share such reports and / or statistics with business partners with third parties for a fee or free of charge. These transactions do not contravene the provisions of the Privacy Policy of Oprigram.
• Oprigram, In the event of any dispute between Users regarding infringement of intellectual property rights, it is obliged to act according to a final and enforceable court decision to be submitted to it. In other cases, Oprigram will operate at its discretion.
• In order to protect the integrity of our Platforms, we may prevent certain Users and / or Users from certain IP addresses from accessing our Platforms at any time.
• Oprigram has no responsibility in the offer, contract and payment phases between the Opri Owner and the Offeror. Oprigram does not and cannot guarantee that there will be harmony between the Opri Owner and the Offeror, or that he will find or provide the Offeror that will meet the Opri Owner's request.
• Oprigram reserves the right not to make warranties or commitments regarding the reliability of the Offerors and the timely delivery of products, services or other things to be purchased or the adequacy of the Offeror's quality of work.
• Oprigram does not represent or warrant that the offers or information from the public authorities or third parties to the Opri Owner are accurate or up to date, or that the Opri Owner is current on the date that the Owner checks the offer or information.
• Oprigram reserves the right to make some or all of the Services paid or unpaid in the future. The pricing and commission policy of some Services may vary from time to time depending on the number, intensity or quantity of Services purchased or offered.
• Oprigram may use SMS, email or other technical means to verify Users' email address, mobile phone number and other information at any time.
• If we find that our Platform Users are in breach of this Agreement, we may block, suspend, terminate, or temporarily stop the User's access to the Platforms without having to give any reason to the extent required by the circumstances.
• In order to modify our software, create variants, decompile or otherwise attempt to extract source code from us, you must first obtain written permission from us or under an open source license.
• We may remove the content or information you share on our Services when we believe you have violated our Agreement, or as permitted or required by law.
• Users are solely responsible for any misuse of Oprigram accounts by others due to their own flaws. Oprigram shall have the right of recourse to the User for any judicial / administrative fine and / or indemnity that he shall have to pay for this reason.
• Oprigram may rank or rate among its Offerors with its Services, such as comments or scores to Offerors.
• There is no agency, employment, part-time or full-time employment, contracting, joint venture or consulting relationship between Oprigram and Users. Oprigram has no such obligation.
• Oprigram reserves the right to deduct tokens from the User's balance for use of the paid Services. Oprigram reserves the right to change the number of tokens to be reduced for use of the Services at any time.
• Oprigram is committed to submitting each offer submitted by the Offerors to the Opri Owners. However, Oprigram does not give any guarantee and / or commitment that the offer will reach for any reason, error, technical failure and / or failure.
• Any waiver of our Agreement must be made in writing and signed by us. If we fail to enforce any provision of this Agreement, this will not be considered a waiver.
• All rights not expressly granted to you are reserved by us.
The rights and obligations of the Users are as follows:
• Opri Owners may accept any or all of the offers from the Offerors. The Opri Owners and the Tenderers or other affiliated parties are solely responsible for any disputes arising after the acceptance of the Offer and the conclusion of the agreement.
• Opri Owners and Offerors are personally responsible for the agreement between them. Opri Holders and Offerors are liable to pay any loss or other expenses arising from the agreement between them. Oprigram provides a Service to bring Opri Owners and Offerors together. We are not responsible for such disputes.
• From the contract between the Opri Owner and the Offeror, Opri Owner and the Offeror agree that Oprigram is not a party and in no way responsible.
• Offeror and the Opri Owner are directly responsible for any taxes, fees, payments and any other costs arising from any purchase / sale, contract between them.
• Provided that the information required for tenderers, credit card, debit card or other payment methods is within the scope of the legislation and to the extent permitted, They agree that Oprigram has the authority to store it on the payment service provider system and to share it with the system operators. Oprigram is not responsible for any failures that may occur in the payment service provider system with which it has an agreement.
• Opri Owners and Offerors are bound by their will to agree to aoffere by the contract or agreement between them. Oprigram is not responsible for such agreements.
• Opri Owners and Offerors must comply with the law when using our Platforms. Otherwise, the legal and criminal responsibilities arising from this are entirely their own.
• Oprigram does not warrant that each Offeror's offer will be accepted or that it will be purchased through third-party purchase methods.
• The Opri Owner may delete his Opri at any time, regardless of whether he has received a offer. For this reason, the Offeror may not claim rights or fees from the Opri Owner or Oprigram.
• Offerors have the right to change the prices in their offers. However, as soon as Opri Owner opens Opri, Offerors cannot change offer prices. The legal and criminal responsibilities and / or any kind of costs arising from this situation belong to the Offeror or the Offerors.
• Opri Owners may not engage in deceptive activities for Offerors.
• Offerors may direct purchase through third party links to Opri Owners. Institutions, organizations and / or Offerors who are responsible for third-party links are responsible for the purchase of third-party links.
• All responsibility for the products, services or other things to be purchased from the Offerors rests with the Offerors. Oprigram has no responsibility.
• The accuracy of all information provided by the Offeror, such as Instagram, Facebook, Youtube, Website addresses, is committed by the Offeror. Oprigram has no responsibility.
• Regarding the activities of the tenderers, all kinds of permits, approval, control certificates, licenses, etc. that are required to be provided within the scope of the rules required by the current legislation or laws. Responsibility for the document belongs to the Offerors. Otherwise, any kind of administrative, legal and criminal liability that may arise belongs to the Offeror. The Offeror shall be liable for any costs incurred as a result of any damages incurred by Oprigram or third parties.
• Opri Owners and Offerors are directly responsible for any agreements, agreements or other circumstances that they may enter into through third party connections, websites, applications or other token. In this case, Oprigram has no responsibility.
• Users acknowledge that any software and / or device they attempt to access our Platforms is capable of opening or running our Platforms.
5. Purchases and Payments
Users have the right to open Opri for free. As soon as Users open an account, the free token (s) given by the number of tokens we set are added to the balance. The number of tokens determined by Oprigram for the use of some of our Services is deducted from the Users' balance. In order to add tokens to their balances, Users must make purchases based on the Token Packs specified by Oprigram.
5.1 Free Token Right
Oprigram may grant any User the right to any number of tokens at any time. The rights granted are used by the number of tokens. When these tokens are exhausted, this entitlement is finished.
5.2 Purchasing
When you purchase a Token Pack while using our Platforms, the use of the Token Pack will come into effect as soon as the relevant Agreement is completed.
5.3 Payment methods
Oprigram gives you the opportunity to use a variety of payment processing methods to purchase a Token Pack from our Platforms. You must comply with the applicable terms and conditions and other legal agreements governing the way you use a particular payment processing method made with a third-party payment provider or Oprigram. Oprigram may add or remove payment processing methods only with personal decision-making authority. You are solely responsible for all amounts payable for purchases made on Oprigram.
5.4 Pricing
Our Token Pack pricing may change at any time. Oprigram may issue pricing options that vary by country. For pricing, the currency to be applied at the time of purchase may vary by country. The number of tokens to be reduced regarding the use of our Paid Services is indicated on our Platforms.
5.5 Taxes
"Taxes" include fees, customs fees, or prepaid or accrued taxes (excluding income tax), related fines, or other charges associated with the sale of the Token Pack. You are responsible for the taxes and must pay the Token Pack without any tax deduction. If Oprigram needs to receive or pay Taxes, Taxes will be charged to you. You must comply with all applicable tax laws, including the declaration and payment of Taxes arising out of your use of our Platforms or the purchase of a Token Pack on or through our Platforms. You are responsible for the declaration and payment of such taxes.
5.6 Refunds
On our Platforms, all sales are final and no refund, replacement or refund will be made. If Oprigram grants Users the right to refund or refund for any purchase, you may reverse or partially refund the purchase and no longer use our Services, which require the use of tokens as a result of the refund.
5.7 Subscriptions
Our Platforms do not have a daily, weekly, monthly, yearly or periodic subscription method. Users can purchase a Token Pack at any time.
6. Intellectual Property
All intellectual and industrial rights, property and interests in our Platforms belong to Oprigram. Under this Agreement, the User is granted a personal, worldwide, royalty-free, non-transferable and non-exclusive license to use our Platforms only. Nothing in the other terms of this Agreement shall be construed as granting, licensing or completely waiving of rights and interests of our Platforms to the User. All trademarks, service marks and logos that do not belong to us on our Platforms are the property of their respective owners.
By continuing to share any content through the Platform, the User undertakes and warrants that it has the right to do so and that Oprigram is exempt from all liability for the content and legality of the information provided. Entry of content by the User through the Platform, User shall be deemed to grant Oprigram free of charge and to the maximum extent permitted by current legislation, the use rights of intellectual or industrial property rights arising from such content.
Oprigram, the general appearance and design of our Platforms and all the information on our Platforms, pictures, graphic drawing, trademarks, patents, trademarks and service marks, copyright, photos, audio, video, music, domain name, html code, logo, icon, demonstrative, is the owner or licensee of all written materials, electronic technical data, machine readable technical data, computer software, sales system, business method, business model and all materials including but not limited to intellectual and industrial property rights. All these materials are under legal protection in accordance with the relevant regulations.
7. No Warranty
Our Services are provided "as is". We cannot guarantee that our Services will always be error-free, safe, secure and perfect. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT PERMITTED BY LAW, IMPLIED MARKETABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST NON-COMPLIANCE, AND NON-INFRINGEMENT WARRANTIES.
We do not control what Users do or any content they share, and we are not responsible for their actions or behavior (on or off the Internet), or any content that you share (including illegal or offensive content).
If any problems occur with our Services, we will not be able to know all the effects that this problem may have. You acknowledge that even if we know it is possible, we will not be held liable for any special, indirect, precedent, criminal or incidental damages related to any loss of profit, income, information or data related to our Agreement. This includes content, information, or circumstances where we delete your account.
8. Invalidity
If any of the provisions of this Agreement (including any article or any part of it) is considered invalid, canceled or otherwise terminated, the validity of the other provisions of the Agreement shall not be affected.
9. Termination
This Agreement shall remain in force until terminated. Oprigram may at any time, without prior notice, terminate or suspend your use of the Service for any reason or without any reason. Upon such termination or suspension, your right to use the Service will cease immediately and we may take technical and / or other measures to block your access to our Services.
10. Disputes
This Agreement is governed by Turkish law and the Istanbul Central Court and the Executive Directorates shall be authorized to settle any dispute arising from the Agreement or any other dispute between the Parties.
11. Changes
Oprigram may, at any time, unilaterally change, update, amend or cancel the terms of the Agreement without prior notice.
In case of any change, Oprigram will publish the current Agreement under the same link on the Platform with a new date update and, if deemed necessary, shall notify its Users by electronic mail. Accordingly, the revised Agreement shall become effective as of the date of publication on the Platforms and the use of our Platforms or Services shall be subject to the terms of the revised Agreement thereafter.
In the event of discrepancies between the Turkish version of this document and its translations, the Turkish version shall prevail.