Apsiyon
Application For Resident
Resident User Agreement
You shall be deemed to have fully understood and accepted all of the matters addressed below, which contain important information about visiting and/or using the Apsiyon, as an inseparable whole, starting from your first visit to Apsiyon.
1.1. The Terms of Use herein shall be valid for all persons
accessing Apsiyon as a resident. Therefore, please read the terms outlined
below carefully. If you do not accept these conditions, do not use Apsiyon.
1.2. Apsiyon is owned by Apsiyon Bilişim Sistemleri Sanayi ve Ticaret A.Ş.
(“Apsiyon”) based in “TRC Plaza Altayçeşme Mah. Öz Sk. No:19 34843 Maltepe /
Istanbul. Services offered through the Apsiyon app shall be provided by
Apsiyon. Apsiyon reserves the right to change the existing or future
information, forms, content of any kind on the Platform, as well as these
Terms of Use, at any time, without further notice.
1.3. Apsiyon shall have the right to change the conditions specified in the Terms
of Use herein at any time and without any notice. These changes shall apply to
all residents who visit or use the Platform as of the day these Terms of Use
are published on the website. The Terms of Use herein cannot be changed
unilaterally by the Resident.
1.4. The subject of this
Agreement is to determine the terms and conditions regarding the use of the
Platform and the Services by the Resident and regulate the rights and
obligations of the Parties. Any and all rules, announcements, and statements
to be made on the Platform regarding its use and other issues shall be
considered to be integral parts of the Terms of Use. With these Terms of Use,
the Resident accepts all kinds of rules, announcements, notices, and
declarations specified on the Platform in advance.
3.1. The Resident is personally responsible for the use and
management of all information, including the accounts, user names and
passwords that allow the use of the Platform. In this context, the Resident
cannot transfer its account, user name and password, and membership profiles
to another user under any conditions or allow its use by third parties. Every
transaction performed with the user name and password from the account
belonging to the Resident is deemed to have been carried out by the Resident.
The Resident shall be solely responsible for the damages incurred by other
Residents and/or third parties due to the use of this information by others
than the Resident, its loss or change of hands. If the Resident becomes aware
of the unauthorized use of its account and/or password or any other breach of
security regarding the account, they are obliged to notify Apsiyon
immediately. Apsiyon has the right to block the Resident's access to the
Platform and / or terminate its membership in order to prevent unauthorized
use.
3.2. The Resident can change and update its user
name and password on its account, which allow the use of the Platform at any
time, and can close the user account using the Platform, at any time. When the
Resident closes its user account, the user name and password become unusable
and access to the said information is blocked. If the Resident closes its
account, and in cases where Apsiyon has the title of data controller pursuant
to the Data Protection Act 6698 (“DPA”), the Resident accepts, declares and
undertakes that it knows that its data will be deleted on the Platform, except
for the data that Apsiyon is obliged to keep in accordance with the current
legislation, but that it should apply to the data controller for the deletion
of the said data in cases where Apsiyon has the title of data processor.
3.3. The Resident accepts, declares and undertakes in advance that Apsiyon is not
obliged to check any information given and does not undertake under any
circumstances the accuracy of the information given to it. However, the
Resident is obliged to provide the Platform with its own, true and complete
information in order for the Services to be provided as requested, and
otherwise, it shall become obliged to cover all losses suffered by Apsiyon due
to incorrect information.
3.4. The Resident has the
right to close its account on the Platform at any time without notice.
However, upon account closure, the Resident will not be able to benefit from
the Services provided through the Platform.
4.1. Apsiyon is an auxiliary platform that offers digital
services for community association managers and management companies
authorized by community associations. Apsiyon provides comprehensive services
to Managers and Residents within the scope of the concluded service agreement
with the community association managers and management companies authorized by
the community associations. All Services offered by Apsiyon to the Resident,
including those provided by these Terms of Use, are provided under the Service
Agreement concluded between Apsiyon and the Manager. As such, Apsiyon
possesses the title of "hosting provider" as defined in the Law No. 5651 on
the Regulation of Broadcasts via Internet and Prevention of Crimes Committed
through Such Broadcasts in terms of the Services it provides through the
Platform, and the Resident accepts and declares that Apsiyon holds no
responsibility for the content posted on the Platform by the Resident and/or
other Residents.
4.2. Within the framework of the
contractual relationship with the Resident and within the scope of the Service
Agreement, the Administrator may have uploaded, sent or otherwise entered some
information and/or other data about the Resident on the Platform. Apsiyon
takes no initiatives with information and data uploaded, sent or otherwise
entered on the Platform by the Manager. It only provides storage service for
the purpose of making the said information and data available to the Manager
and only in line with the requests made by the Manager. In this context, if
you request that some of your personal information and/or data not be kept on
the Platform, notify Apsiyon by sending an e-mail to hukuk@apsiyon.com. Also,
you need to contact your Manager, who has the title of data controller, within
the scope of the Data Protection Act 6698.
4.3. Regulations regarding the information and data provided by the Resident
and/or Manager are regulated within the scope of the Terms of Use and the
Clarification Text. In cases where the personal data provided by the Resident
can only be processed with explicit consent within the scope of the Data
Protection Act 6698, the explicit consent of the Resident is separately
obtained via the Platform. Apsiyon does not use the information of Residents
outside the scope specified in these Terms of Use and the Clarification Text,
and does not transfer it to third parties.
4.4. In order
to benefit from the Platform and the Services, the Resident must approve the
Terms of Use by providing the requested information in a complete, accurate
and up-to-date manner or by checking the accuracy and/or up-to-datedness of
the information entered on the Platform by the Manager. In this context, the
Resident is obliged to update the information immediately in case of any
changes in the information provided by the Manager or entered on the Platform.
Apsiyon is not responsible for the inability of the Resident to benefit from
the Platform or the Services due to incomplete or untrue information or
out-of-date information.
4.5. The Manager can make
announcements to the Residents regarding the site it undertakes to manage, via
e-mail with the extension info@apsiyon.com, on the Platform. The Manager is
responsible for curating the content and ensuring compliance of these
announcements with the legislation. The Resident accepts and declares that the
announcements to be made are made by the Administrator, that Apsiyon has no
obligation to control the content of the announcements to be made, and that
the Manager is responsible for all kinds of legal, administrative and penal
responsibilities and requests for announcements.
4.6. The Manager may send mails and/or SMS messages to Residents via the Platform
only for the purpose of sending notifications of unpaid/pending dues to
residents of the gated community it manages, or similar messages. The Resident
accepts that all e-mails and SMS sent through the Platform are sent by the
Manager, and in case the sent messages are considered as commercial electronic
messages pursuant to Act 6563 on the Regulation of Electronic Commerce and the
Regulation on Commercial Communications and Commercial Electronic Messages,
the Manager shall be responsible for all requests and that Apsiyon has no
responsibility in cases of sending of messages that violate the
legislation.
4.7. The Resident declares that it is over
the age of 18 and has the legal capacity to be a party to the Terms of Use
herein.
4.8. The Resident agrees and undertakes in
advance that it will use the Platform and the Services in accordance with the
usage rules set forth in these Terms of Use and that all the content created
by its actions on the Platform will comply with the usage rules and applicable
legislation. Accordingly, the Resident shall comply with the Terms of Use and
the rules and conditions published on the Platform, as well as the law,
morality and decency, and honesty principles, in all of their activities on
the Platform, that they shall not engage in activities that may undermine the
operation of the Platform by any means, as well as those that may infringe or
threaten to violate the rights of third parties.
4.9. The Resident shall not share any content that violates the personal rights of
third parties, contain inappropriate, sexual content, insult and hate speech,
slanderous or threatening statements, intimidations and/or harassments on any
communication channel provided by Apsiyon. It must inform Apsiyon if it
becomes aware of any content that can be categorized as such.
4.10. Any legal, administrative, and criminal responsibility ensuing from the use
of the Platform shall belong to the Resident. Apsiyon cannot be held directly
and/or indirectly responsible for any damages incurred by third parties as a
result of the Resident's activities on the Platform and/or actions
incompatible with the Terms of Use and relevant legislation. With regard to
all kinds of requests from third parties in this context, the damages to be
incurred by Apsiyon due to the Resident's failure to fulfill their obligations
laid out in the Terms of Use or the relevant legislation shall be recourse to
the Resident, to be paid together with the accessories at the first
request.
4.11. The ability to access the Services
provided through the Platform is largely dependent on the quality of the
service provided by the respective Internet service provider. Apsiyon bears no
commitment and/or responsibility regarding the service offered by Internet
service providers or the quality of this service. Accordingly, the Resident
accepts in advance that the Platform is not free of defects and that despite
Apsiyon's well-intentioned efforts to the contrary, occasional technical
failures and/or access barriers may occur.
4.12. The
Resident accepts and declares that there may be outbound links on the Platform
to websites and/or platforms, files, or content outside the control of
Apsiyon, that third-party services may be offered but it does not necessarily
mean that Apsiyon supports such services or their providers in any way or make
any kind of declaration or give any guarantee about the websites of the said
services or the information they contain and that Apsiyon shall bear no
responsibility for the platforms, websites, files and content, services, or
products accessed through such links. Accordingly, Apsiyon does not
necessarily approve of any content accessed via external links on the
Platform. If the Resident decides to access the content in question and in
case the personal data of the respective Resident needs to be shared with
third parties for the Resident to be able to access the said content, the
personal data shall be shared with the relevant third party after the Resident
is informed and its explicit consent is obtained.
5.1. Messages sent by the Resident while using the Messaging
Feature are not encrypted. If you choose to delete the Content you have
shared, the Content will be deleted from the Messaging Feature section.
5.2.
If an unlawful use is detected in your Content, if this content is requested
by a court decision or by the prosecutor's office, the aforementioned content
shall be forwarded to the party demanding the information as per Section 28 of
the Data Protection Act 6698.
5.3. The Resident agrees
and undertakes to use the Services in accordance with the law and applicable
legislation. The Resident shall be legally liable for all the actions it
undertakes while using the Services.
5.4. The Resident
accepts that it will not share any confidential information, including its own
personal data, through the Messaging Feature, that it bears all responsibility
that may arise due to the sharing of confidential information, including its
own personal data, and that Apsiyon has no responsibility for the sharing of
personal data and confidential information by the Resident.
5.5.
Apsiyon is not responsible for the actions of the Resident. Apsiyon shall not
be responsible for losses, damages etc. arising from any online or offline
communication and interaction between Residents using the Messaging Feature.
Apsiyon reserves the right to demand compensation for any direct or indirect,
material /immaterial damages that may be incurred as a result of such
actions.
5.6.
If Apsiyon detects a posting that is contrary to the law and/or the rules and
conditions set forth in these Terms of Use and other policy documents, it may
pause, suspend or completely cease providing the Services at any time, without
giving any reason. This may warrant deleting the inappropriate content on the
Platform. Likewise, Apsiyon may suspend or cancel the Site Resident's account
for a certain period of time, within the framework of the rules and conditions
set forth in these Terms of Use and other policy documents.
6.1. All responsibility for the photos and information
uploaded by the Resident by using the Ad Sharing Feature belongs to the
Resident, and Apsiyon has no responsibility, including but not limited to,
control and supervision of the posted advertisements and Contents.
6.2. If Apsiyon detects a posting that is contrary to the law and/or the rules and
conditions set forth in these Terms of Use and other policy documents, and/or
notification is made by third parties of such violation, it can pause, stop or
discontinue the Services at any time without giving any reason, or remove some
or all of the Content from the Platform. Likewise, Apsiyon may suspend or
cancel the Site Resident's account for a certain period of time, within the
framework of the rules and conditions set forth in these Terms of Use and
other policy documents.
6.3. During the use of the Ad
Sharing Feature, it is strictly forbidden to publish products in
the list of prohibited products determined by Apsiyon. The Resident is personally responsible for legal and
penal liabilities arising from Content containing prohibited products.
6.4.
Ads shared by the Resident will be published on the postings page of the
respective apartment or community, which can only be viewed by its own
Residents.
6.5. The Resident may not post Content
protected by copyright, trademark or other proprietary rights or in a
specified form that violates another's privacy or broadcasting rights. In case
of any violation of this provision, Apsiyon may terminate the membership of
the Resident who caused the violation immediately and without further notice.
7.1. All rights regarding the software, images and designs,
texts, logos, and graphics used on the Platform belong to Apsiyon. Under no
circumstances shall the information and/or software be copied or used for
purposes other than those related to the Platform and the pictures, texts,
images, files, etc. be copied, distributed, processed, or used in any other
way. Accordingly, the Resident accepts and undertakes not to copy, modify,
create derivatives of or expose the Platform and/or its content and put them
into commercial use, and that otherwise, they shall be legally and criminally
liable, in which case it shall be obligated to compensate all the losses
incurred by Apsiyon.
7.2. Under no circumstances shall
the Residents (i) Take any action that may threaten the security of the
Platform, prevent the operation of the Platform software, or hinder other
Residents from using the Platform and/or harm them, (ii) Impose a
disproportionately large load on the infrastructure of the Platform; access,
copy delete, modify, or attempt to access information published on the
Platform and/or posted by others without authorization, (iii) Use or try to
use software that will prevent the operation of the Platform and its software,
disrupt the operation of all kinds of software, hardware, and servers, cause
them to break down, reverse engineer, organize cyber-attacks, or intervene in
other ways, and attempt to gain unauthorized access to Apsiyon servers.
8.1. Apsiyon shall not be held liable for any direct or
indirect damages that may ensue from entering the Platform, using the Platform
or the information, data, or software on the Platform, using services, gross
negligence due to the violation of the Terms of Use, acts of injustice, or
other reasons. Apsiyon shall accept no liability for situations such as
errors, negligence, deletion or loss of data, delay of transactions or
communication, computer virus infection, errors in communication, hacking,
computer crashes, unauthorized entries, and modification or use of records
that arise out of the violation of the Terms of Use, acts of injustice,
negligence, or other reasons. The Resident holds Apsiyon harmless of all kinds
of damages and claims, including any liability, court costs, and other costs,
that may ensue from accessing websites the links (link) of which are provided
on the Platform or using the Platform.
8.2. The Resident
accepts and declares that Apsiyon has no duty to investigate the authenticity,
originality, security or accuracy of any information shared on the Platform,
or to determine whether sharing this information is in accordance with the law
or not and that; Apsiyon will not be liable for the damages that may come out
in relation with this information.
8.3.
The Resident shall be exclusively responsible for all risks related to the use
of the Platform and the Services. The Resident accepts the Services "as laid
out" in the Terms of Use as of the effective date. Within the scope of the
Terms of Use herein, Apsiyon gives no explicit or implied guarantee regarding
commercial suitability, fitness for a particular purpose or use, or
non-infringement. Apsiyon does not guarantee that all requests of the Resident
will be met. However, it does reserve the right to make changes in the service
content, features, and/or modules to improve service quality or expand the
scope of or diversify the services provided. Such changes shall be published
online and valid as of the date of publication. The Resident does not have the
right to make any demands from Apsiyon on the basis of such changes. The
Resident accepts, declares, and undertakes that they shall not make any
demands from Apsiyon whatsoever regarding the use of the Platform, that
Apsiyon has given no guarantee or promise that the Platform and/or the
Services will be flawless and/or will meet all the expectations of the
Resident. Apsiyon shall not be held responsible for any direct, indirect,
special, incidental, or penal damages, including but not limited to the loss
of profits and the loss of goodwill and reputation, caused by the actions of
Residents using the Services.
9.1. The Resident can close its account on the Platform at
any time. However, upon account closure, the Resident will not be able to
benefit from the Services provided through the Platform.
9.2.
In the event that the Resident moves from the public living area it resides in
for any reason or no longer has any connection with the relevant public living
area, its access to the part of the Platform relating to the relevant public
living area may be restricted or completely blocked. In such a case, the
Resident's account will not be closed automatically and if the Resident
discontinues using the Platform, it is obliged to close its own account or
notify Apsiyon of its request in this regard. Apsiyon has no liability in the
event that it is not notified in this regard.
9.3. If the Resident does not comply with the
provisions, rules and conditions in the Terms of Use and/or its annexes, if
its activities pose a risk in terms of legal, technical or information
security, or if it harms the personal and commercial rights of third parties,
Apsiyon shall prohibit the Resident's use of the Platform, temporarily or
permanently, or terminate the Terms of Use. The Resident cannot make any
claims against Apsiyon when this happens.
9.4.
Apsiyon may also suspend or terminate the Terms of Use for a limited or
indefinite period without giving any justification, suspend or close the
Resident's account without any prior explanation.
10.1. In the resolution of any and all disputes that may arise from these Terms of Use, the provisions herein shall have precedence, and relevant legislation of the Republic of Turkey shall govern all disputes that are not covered by this document. Istanbul Anatolian Courts and Execution Offices shall be authorized in the resolution of disputes arising from the implementation of the Terms of Use herein.
