“PROGRAM” refers to the Program to be used by means of the website and/or mobile application offering the opportunity to view the restaurants included in the system, make reservations, cancel reservations, alter reservations, view the previous reservations, add special days to the calendar available in member profile, have access to the information provided by the restaurants included in the system and benefit from special advantages provided to members by restaurants via telephone (call centre) and similar digital media through the applications available on the internet or mobile phones and similar platforms,
RESERVATION MANAGEMENT SYSTEM (REZERVİN) refers to the online reservation system designed for providing the services indicated in the Program to MEMBERS by DMS and the trademark pertaining to it,
“RESERVATION” refers to reservation to be made by MEMBERS by using REZERVİN infrastructure before going to the Restaurant,
“RESTAURANT” refers to the legal entity and restaurants signing a “Restaurant Agreement” with DMS so as to provide services to MEMBERS,
“SITE” refers to the web/mobile site and mobile application as well as the interface used for having online access to the information related to the Program,
“SERVICES” refers to the services to be provided by DMS or restaurants for the benefit of MEMBERS under REZERVİN,
“RESERVATION CHANNELS” refers to the reservation made via
- REZERVİN website
- REZERVİN mobile application
- REZERVİN call centre
- Websites and applications contracted by REZERVİN by using REZERVİN reservation interface (Rezervin marketing network)
- REZERVİN reservation interface available on Restaurant websites or mobile applications.
As the methods specified under REZERVİN are used, your personal and shopping information shall be transmitted to the Program as part of the system. In order for enabling you to benefit from and remain informed of the advantages provided to MEMBERS by RESTAURANTS, it is obligatory to transmit your personal information from RESTAURANTS to the Program and process the information accordingly. MEMBERS agree, represent and warrant that they consent to the transmission of their information.
RESTAURANTS available in REZERVİN may change from time to time. Please visit www.rezervin.com for the most up-to-date list of RESTAURANTS.
The Program may undergo a number of modifications and a new model with a different name might be adopted to provide different advantages. In such cases, memberships shall be converted into the new model automatically.
- “rezervin.com” website and/or mobile application or other Reservation Channels might be used for becoming MEMBER to “REZERVİN” system.
- MEMBERS agree, represent and warrant that they shall not disclose or make available their user name and/or password to third parties, they shall be responsible for safeguarding the user name and password and they shall be deprived of all their rights and entitlements if it is revealed that the mobile phone is has been misused by the MEMBER or a third party and the Program is abused in any manner.
- MEMBERS agree that they shall be responsible for determining, safeguarding and keeping the means used for having access to the system (user name, password etc.) in order to benefit from the Services provided through the Program and DMS shall not have any responsibility, directly or indirectly, for any losses incurred or to be incurred by the relevant MEMBER and/or third parties owing to the negligence and failure of the MEMBER in that regard.
- DMS may change the terms of the Program or suspend the Program.
- MEMBERSHIP may not be sold for money and cash payment may not be demanded in consideration for MEMBERSHIP.
- MEMBERS agree, represent and warrant that they are of legal age and entitled to purchase the services that are sold hereunder.
- Under the Program, REZERVİN may introduce a number of new practices such as grading or loyalty programme. REZERVİN shall have discretion to determine the contents and terms of those practices.
- REZERVİN or MEMBERS may terminate the membership any time without any cause by informing the Call Centre 3 business days in advance. In that case, the membership shall be terminated within 3 business days. MEMBERS may benefit from their entitlements subject to the conditions that are validly binding until the termination of the membership.
OBLIGATIONS OF MEMBERS
With regard to using the Program, MEMBERS agree, represent and warrant that
- The Services available under the Program may contain content suitable for +18 individuals in some cases and the Program shall not be held responsible for viewing the content inappropriately;
- The reservation made through the Program may be cancelled in case of failure in changing the reservation in line with the option specified by the relevant RESTAURANT or being present in the RESTAURANT at the time provided in the reservation;
- In the event that any MEMBER repeatedly makes “No Show reservation” (not appearing without cancelling the reservation) and/or a RESTAURANT deems fit in its own discretion, the relevant RESTAURANT may not accept reservation for the restaurant and/or through the PROGRAM; in case of recurrent “no show” reservations at various RESTAURANTS, the membership to the Program may be suspended or revoked;
- MEMBERS shall not make advertisement, sell or offer to sell any good or service, or else organize surveys, competitions or chain letters.
- MEMBERS may create special notes for reservation processes. Nevertheless, RESTAURANTS shall decide whether or not to perform the requests in those special notes through their own discretion. In case of non-performance, RESTAURANTS shall not be obliged to inform the MEMBER of this fact.
- The Program may be updated to contain new applications entitling Members to grade RESTAURANTS and make comments about them as well as reading the comments made by other members for those Restaurants. REZERVİN shall have sole discretion to determine the contents and terms for those applications. MEMBERS may not make threatening, immoral or racist comments or any other comments which are in violation of Turkish laws and international agreements. MEMBERS agree, represent and warrant that they shall be responsible for their personal ideas, opinions and statements as well as the files or personal information they add to the Program and the Program shall not be held liable for those files in any manner including but not limited to the potential disputes between the RESTAURANT and MEMBER. Members agree, represent and warrant that the Program shall be at liberty to publish the opinions and ideas that are sent; the relevant member shall be responsible for unauthorized use of the images, opinions and copyright based contents etc. owned by third parties in the system and the Program shall not assume any responsibility to that end and it may take necessary measures and initiate legal action to that end; the correspondences, titles and nicknames to be used in the relevant media should be compatible with the general ethics, etiquette and rules of law and all kinds of financial rights provided in the Intellectual and Artistic Works Code numbered 5846 and dated 5.12.1951 are transferred to the Program including all kinds of rights related to publication, processing and reproduction, dissemination, representation and transmission of correspondences to the public by means of audio and/or visual media as well as transfer and assignment of the same to third parties. With respect to the information, documentation, program, designs, graphics and similar works produced and uploaded to the system by MEMBERS for publication (e.g. messages, poems, news, files added to the board), DMS shall be entitled to publish them on all kinds of written and visual media, process them, share them in social networks and/or transmit them to any other address within the Program deemed appropriate by DMS. Any such information may be reproduced, processed and/or published by other members. In such cases, MEMBERS shall not be entitled to demand any royalty from DMS.
- DMS shall retain all the intellectual rights pertaining to the data to be formed by means of using the Program. The Program may compile reports by using the relevant data without disclosing member details or else use such data or reports for its own ends and share those reports and/or statistics with business partners and third parties free of charge or in consideration for payment. Such procedures shall not constitute infringement of the provisions of Non-Disclosure Policy.
- The Program may temporarily suspend or permanently cease the operations of the system at any time.
- The Program may temporarily suspend or permanently terminate any membership for transactions giving rise to any suspicion for security.
- The Program shall not assume any liability towards members or third parties for temporary suspension or permanent termination of the Program or membership.
- The Program shall provide reservation opportunities subject to the availability of RESTAURANTS. The Program shall not be responsible for failure of the relevant restaurant in confirming reservation requests, changing or cancelling any reservation. The reservation status demonstrated on the Program may not reflect the current status at all events.
- The obligation to update the statuses, prices and specifications of services or special campaigns provided to the Members in the Program shall rest with the Restaurants included in the system. The Program shall not be responsible for any error in reservation status, campaign prices and specifications. Nevertheless, the Program may provide another service or reservation opportunity to compensate for the error or cancel the reservation.
- The Program shall be entitled to back-up and delete some or all of the files and messages available in the media periodically at suitable intervals as MEMBERS benefit from the system. The Program shall not be held liable for back-up or deletion processes.
- DMS shall retain the title to and applicable copyrights of the information, documentation, Program, designs, graphics and similar works it has produced and/or outsourced from third parties.
- DMS shall not be liable for the content provided by the RESTAURANTS.
- DMS may enable MEMBERS to have access to other websites via “rezervin.com” system. In that case, MEMBERS agree, represent and warrant that DMS shall not be responsible for the content of the websites of which links shall be available.
NON-DISCLOSURE POLICY AND PERMISSION FOR COMMUNICATION
“REZERVİN” requests MEMBERS to provide some personal details (name, surname, date of birth, GSM number, e-mail address etc.) so as to offer better services and pursuant to its legal obligation. Those details shall be kept safely for providing you benefits of REZERVİN without being used for any purpose and scope other than those specified under the Non-Disclosure Policy.
- Should you wish to withdraw the permission you have given and stop receiving campaign promotions or informative messages, you may click on “withdrawal” link available in the messages sent to you.
- DMS may use your identity and personal information for your security and while performing the legal obligations of DMS (with Turkish governmental authorities and organizations for legal reasons in case of threat against the state and public security).
- DMS warrants that it shall keep the personal information confidential, take necessary measures for ensuring and maintaining confidentiality and take necessary care to that end. DMS shall not have any liability in case the confidential information is impaired or acquired by third parties as a result of the assaults to the website and system despite having taken necessary information security precautions.
Provision of Information and Burden of Proof
Governing Law and Jurisdiction