II. Terms and Conditions
1. This Agreement is between Relate and the User who, via the Application or the Website, has communicated their wish to acquire the Application’s services.
2. The User, by communicating their request to acquire services via the Application or the Website, hereby agrees and acknowledges that they have read and understood the full content of this Agreement, and that they fully approve the terms and conditions of this Agreement. The User must fully agree to the terms and conditions of this Agreement in order to acquire Relate’s services.
3. This Agreement establishes the basis of the services offered on the Application. Relate abide by the rights and obligations set forth in Law on the Protection of Consumer No 4077 (4077 Sayili Tuketicinin Korunmasi Hakkindaki Kanun) in delivering these services. Accordingly, the User hereby will be considered to have accepted to comply with this legislation by agreeing to this Agreement. Any operations carried out by the User which are outside the Application and/or unauthorised by Relate will fall beyond the scope of this Agreement, for which Relate does not assume any responsibility or liability.
4. The purpose of the Application is to ensure that the User acquires services expounded on the services and products section by paying the bundle prices set by Relate.
5. The Application does not, in any way, perform medical diagnosis and treatment. Membership is required for the use of the full content of the Application. The User must agree to the Terms of Use and the Privacy Policy for membership.
6. The User agrees and acknowledges that all information provided by the User is correct and accurate. Visitors under the age of 18 cannot use the Application. All criminal and civil obligations arising from suicide, panic attack, or seizure contemplated or performed by the Visitor shall hereby be laid upon the User. In the event that the User has been detected to be under the age of 18, the User shall be subject to membership cancellation in addition to preclusion from all future memberships to the Application.
7. The User hereby agrees that the information and advice provided for the User on the Application shall not bind the Application, that they are scientific information that already exist in the literature, and that the User takes the advice with their own initiative. The Application shall not be liable or responsible for any damages, loss, or harm of any kind that the User or a third-party may suffer as a result of the advice, and f or any damages, loss, or harm of any kind that the User may suffer as a result of a third-party's remarks. Relate shall not be responsible or liable for any damages, loss, or harm of any kind to the member software and data; for unauthorised persons reading advisee data and any damages, loss, or harm of any kind that result from it.
8. The User shall not save and share the contents of the Application on third-party platforms. The User’s non-compliance with this prohibition will occasion criminal and civil sanctions. Consequently, Relate is entitled to terminate membership by virtue of non-conformity to the rules in this Agreement. The User hereby agrees that the User shall be subject to criminal and civil liability in the event that the User has accessed and saved third parties' data. This responsibility begins upon when each party agrees to the Terms of Use and the Privacy Policy. Relate shall not be responsible or liable for any damages, loss, or harm of any kind that stems from the User’s non-compliance; for which the responsibility and liability lie upon the party/parties who has caused it. Relate reserves the right to make a claim against the User for non-compliance with the Terms of Use and the Privacy Policy.
9. Both parties hereby agree and acknowledge that all application records obtained by Relate will be saved by Relate and that these records constitute evidence. Relate herein pledges to refrain from sharing the aforementioned records with any person/persons or establishment without the consent of each party. The User aforehand agrees that the data shall be collected, saved, and used in any country in any way. Therefore, the User acknowledges that the Application server is situated within the servers provided by Amazon Web Services Inc in any location in the world and agrees to these data and records to be migrated to these servers. The use of the Application is dependent upon agreeing to this data and record migration.
10. Relate shall hereby be entitled to suspend or stop its existing services for the purpose of technical maintenance and necessities for a timeframe decided by Relate.
11. Relate shall hereby be entitled to, at any time, fully or partially update, amend, or change this Agreement, and the contents and functionality of its terms without giving prior notice.
12. The User shall be personally responsible for the protection of their user passwords along with the correctness and accuracy of the information the User has provided within the course of their membership. Hence, the User acknowledges, agrees, and declares to not share their user information with any third party and that they are distinctive and distinguished. Accordingly, Relate cannot share the User’s personal information with other users or third parties; with the exception of that the data will be anonymously shared with Relate’s affiliated company Yakin Iliskiler Training and Consultancy Services Ltd (Yakin Iliskiler Egitim ve Danismanlik Ltd Sti). Additionally, Relate shall reserve the right to share the User’s personal information with public security agencies upon written request. The User hereby declares not to allow any services in the Application to be used by others for any commercial or personal purposes. Incidentally, the User agrees that the User shall be fully responsible and liable for any matter in relation to the protection, preservation, and unauthorised use of the access tools of the system such as username and password and keeping them away from the knowledge of third parties. Relate therefore shall not be responsible or liable for any damages, loss, or harm of any kind that members and/or third parties have suffered or may suffer as a consequence of all negligence and culpability in relation to matters such as the safety, preservation from third parties, and use of the sign-in to the Application.
13. Relate is hereby entitled to send informational emails to the User’s email address stored in Relate’s system. The User shall at any time unsubscribe from these informational emails by cancelling their membership. However, in entering into this Agreement, the User gives Relate permission to communicate with the User by the aforementioned emails.
14. The User hereby agrees that the User is personally responsible for the efficiency of the hardware and access services which the User uses and through which the User accesses the Website or the Application. In the event wherein such hardware and access services fall short, Relate shall not bear any responsibility or liability for the User’s failure or inability to access or use Relate’s services that may occur in consequence of this failure.
15. Relate shall save and use the User’s IP address so as to troubleshoot technical problems in relation to the Application and the Website. Relate may use IP addresses to identify users and gather extensive and comprehensive demographic information, and for commercial and marketing purposes.
16. Relate is not in any way a medical and/or healthcare institution, provider, or forum; and does not perform or promise medical diagnosis, therapy, or treatment. The services and the contents that the Website and/or the Application provides do not in any way offer, or aim to offer, medical and/or psychiatric diagnosis, advice, or treatment. Relate’s services, which are provided on the Application and the Website, do not constitute or replace any advice from a licensed healthcare provider, or a medical professional or psychologist. Using the services provided on the Application and/or the Website does not form a doctor/psychologist-patient relationship, and therefore the communication between the User and Relate is within the scope of the Privacy Policy and is not of doctor-patient confidentiality. The User is hereby under an obligation to consult the User’s doctor, psychiatrist, therapist, or other medical professional regarding the services and contents that the User accesses through the Application and/or the Website. The User agrees that the User is responsible and liable for all risks that have arisen or may arise from using the Application and/or the Website, acquiring the services, and accessing the contents. The services and contents, and data and notifications in relation to them have not been reviewed by the Food and Drug Administration and do not by any means aim to diagnose, treat, heal, or prevent any medical diseases or psychological disorders of any kind.
17. Unless otherwise stated in this Agreement and unless it falls within the scope of the Privacy Policy by law; in entering into this Agreement, all member information including but not limited to user comments, contents, details and/or materials, member details, and so forth through or in relation to the Website and/or Relate’s services shall be agreed to fall within the frame of the Privacy Policy. Sharing member information and/or materials of this kind with Relate will be within the frame of the Privacy Policy.
a- The User agrees and acknowledges that Relate’s use of data provided by the User does not violate any agreement, any law, or any rights of a third party, and that data provided by the User is correct and accurate in every respect; and
b- The User agrees that Relate is entitled to use unlimitedly the whole or parts of this member content/data and/or materials in any way for the purpose of informing the User, or the person/persons and agencies/institutions mentioned in this Agreement without obligation to compensate.
18. Intellectual Property Rights:
a- All designs, texts, visual work, and html codes on the Application and the Website have been generated by Relate and cannot be used unauthorised. Wherein it is detected that they are being used unauthorised, Relate is entitled to litigation and all legal means for compensation;
b- All Relate works including but not limited to designs, texts, visual work, and html codes that are subject to copyrights are used under the Relate trademark royalties and/or the trademark royalties that have been obtained by Relate from third parties. Users shall not sell, share, distribute, or exhibit Relate services, Relate information, and Relate’s work subject to copyright; or give third parties permission to access or use Relate services. Failing to comply will require the User’s responsibility and liability for any compensations claimed against Relate for any damages, loss, and harm of any kind that third parties, including licensors, may have suffered along with any subsidiary costs including court fees and legal service fees. The User shall not produce a copy of the copyright-protected works, distribute them, or prepare or carry out works that descend from them;
c- Relate reserves rights in relation to its services, information, works subject to copyrights, trademarks, entire assets including all material and intellectual property rights obtained through its commercial outlook or the Website, all real and personal rights, commercial information, license, and know-how.
III. Explanation of Services and Contents
III.A. Privacy Policy
1. Relate shall use user information in accordance with Appendix-1, i.e the Privacy Notice, which is an essential part of this Agreement. Relate shall not use or give third party person(s) or agency(s) permission to use users’ confidential information unless legal obligations, and courts and public authorities require such non-disclosure. However, as anonymising or blurring will inherently negate their status of “Personal Data”, Relate shall disclose anonymised or blurred data to third parties.
III.B. Force Majeure
1. In circumstances that legally constitute force majeure which include but are not limited to natural disasters, wars, conflicts, strikes, internet infrastructure failures, blackouts, and adverse weather conditions; and are beyond the reasonable control of the relevant party and cannot be prevented or avoided despite Relate’s due diligence, or in the events of any such kind, if Relate does not fulfil its free or paid service obligations on the Application and the Website such as inability to deliver and/or inadequate delivery of services due to force majeure, Relate shall not be responsible or liable for any shortfall in its service delivery.
III.C. Right of Withdrawal
1. The User can, without giving any reason or paying any cancellation fee, withdraw from this Agreement within fourteen (14) days. Withdrawal period starts upon agreeing to the Terms of Use and the Privacy Policy. A withdrawal notice must be given on mobile application stores within the withdrawal period, therefore any notice given directly to Relate will not suffice. Burden of proof regarding the exercise of the User’s right of withdrawal lies on the User. However, as these services are of the nature of immediate online effect, the User (the consumer) will not be granted a refund for the period in which the User will have used the services by the time of withdrawal. In general, withdrawal policy, refund amount, and other matters are subject to the relevant terms and conditions of mobile application stores. However, in the event of withdrawal from special offer products, cancellation fee is determined by calculating the fee for the period throughout which the User acquired the services, which shall be based upon standard membership bundle rates.
III.D. Membership Bundles
1. Relate offers 2 kinds of bundles: monthly and annually. The pricing of annual bundles is determined by discounting monthly bundles by the percentage set by Relate. Annual bundle fees shall be paid by cash at once. Monthly bundle fees shall be paid in cash on a monthly basis and the membership is automatically renewed unless the User’s withdrawal from membership. In the event wherein Relate wishes to amend membership fees, the User shall be notified with a 30-days' notice. All transactions shall be made on the mobile application store of the User’s choice. Except payment confirmation, Relate cannot access to any information or data regarding payments and transactions.
III.E. Refund Policy
1. The exercise of right of withdrawal and refund requests shall be made personally by the User on mobile application stores. All refunds shall be processed by the mobile application store to which the payment was made, therefore Relate will not be responsible or liable for the refund period or any operations in relation to refunds. All refunds shall be processed by the relevant mobile application stores in accordance with their terms and conditions. The User agrees aforehand that all refund matters and all legal claims concerning refunds shall be addressed to the mobile application store to which the User made the initial payments.
III.F. Termination
1. This Agreement shall remain in force so long as the User is a member of the Application and the Website and have its legal effect and consequences between both parties. This Agreement terminates in the event of expiry of the User’s membership and/or the bundle for which they paid, and temporary or permanent suspension of membership.
2. Relate is entitled to terminate this Agreement unilaterally in the event wherein the User breaches the rules set with this Agreement, its appendices, and the Website in relation to membership, services, the use of these services, and other matters of akin character; and especially in following circumstances in which:
a- Users behave in a way that manipulates the operation of the Website,
b- Users transfer their user profile to a third party or give a third-party permission to use their user profile,
c- Users behave in a way that violates and/or may violate the rights of third parties,
d- Users render or attempt to render inoperative the Application and/or the Website by facilitating the spread of malicious software, i.e computer virus, to the Application or the Website.
III.G. Final Provisions
1. Relate does not take direct payments. Payments regarding Relate’s membership bundles are made over mobile application stores such as Apple Store and Google Pay independently of Relate. Relate shall not be responsible or liable for the security of these payments that are made through third parties.
2. It herewith means that in becoming a member, the User agrees that they have read and agreed to all terms in this Agreement. This Agreement covenants and enter into force simultaneously with signing up for a membership on the Application or the Website.
3. Relate is entitled, unilaterally and at Relate’s own discretion, to update this Agreement by enunciating it on the Application or on the Website at any time of their choice. Amended terms shall be effective upon announcement, with unrevised terms remaining in force and unaffected. This Agreement cannot be changed by the User’s unilateral declarations.
4. In the event wherein any part of this Agreement is held invalid or unenforceable, this part shall be interpreted in accordance with the valid laws and the remainder of this Agreement shall continue in force. It hereby shall not mean that inexecution of any provisions of this Agreement by Relate does not constitute a waiver.
5. In applying and interpreting this Agreement as well as managing the legal relationships stemming from this Agreement, the applicable law shall be Turkish Legal System. Istanbul Caglayan Courts, Bailiff’s Offices, and Enforcement Agencies (Istanbul Caglayan Adliyesi Mahkemeleri ve Icra Daireleri) shall have the competent jurisdiction in any possible legal disputes arising out of or in connection to the content and application of this Agreement.
