YEATUP USER AGREEMENT

“HOST”

1. Parties

YeatUp Agreement herein (“Agreement") is entered into between (“YeatUp”) the registered address of which is located in [●] and the user (“User”) with the TR Identity Number or ID/Passport Number [●] declared on www.yeatup.com.

2. Subject of the Agreement

 YeatUp is an online platform gathering people, who have special food recipes (comprised of starters, main course and a variety of beverages) and physically appropriate and private facilities to organize dining events and who want to host in said facilities with said recipes (collectively “Host Users” or “Hosts”), with people who want to participate in these events and who look for different tastes (collectively “Guest Users” or “Guests”). All services to be provided in this platform (collectively “Services”) shall be accessible on the www.yeatup.com internet page and on the web sites made accessible by YeatUp (collectively “Sites”) and in mobile phones, tablets or other smart phones and in interfaces of application programs (collectively “Applications”). YeatUp is a marketplace which gathers Users together and does not become a party to agreements between Users to be signed in the future, does not interfere in these agreements and cannot be held liable under any circumstance within the scope of these agreements. Risks arising from said agreements belong to the parties of the agreement. In this regard, since the terms of the agreement to be signed for each event which shall be requested through YeatUp may differ, it is recommended that Users inspect the agreements thoroughly.

The agreement herein regulates the privacy conditions and use of Sites and Applications by the Host Users.
 
YeatUp reserves the right to change, amend, append or remove terms of use and privacy conditions at its own discretion and at any time. Continuation of using the Sites and Applications, even after the amendments made in this regard are published, means that amendments are accepted.
 
The User states that he/she has read and understood all the preliminary information regarding basic qualities, price and form of payment of the Agreement services mentioned hereunder and that he/she provided the necessary confirmation in electronic environment.
 
3. Validity and Termination

User’s system registry is completed upon reading, understanding and accepting all items falling under the Agreement and signing in with the TR identity number or the ID/Passport number, then the Agreement comes into force. YeatUp and the User may terminate the Agreement with unilateral notice at any time.
 

4. Definitions
 
4.1 Price: Signifies the payment taken from the Guests for the use of Yeatup services and sent to the Host over a certain percentage.
 
Yeatup adds fifteen percent on the price determined by the Host in return for the intermediation of the relationship between Users and publishes the Price on the website. According to this, for each Dining Event to be organized through YeatUp, the entire Price offered to and accepted by the Guest is charged from the User’s credit card by the contracted payment service provider upon the confirmation of the relevant reservation and is kept to be paid to the Host. For payment issues please refer to the online platform users agreement published on yeatup.com. Payments can be transferred to the bank account of the Host.
 

4.2 Time for Reservation Confirmation: Signifies the duration of time given to the Host to be able to provide feedback to the Guest about whether or not the reservation request conveyed to the Host by the Guest through YeatUp is accepted and in case this duration of time is left unanswered, it means the reservation demand is rejected. This duration of time for Reservation Confirmation is 48 hours.
 
4.3 Menu: Signifies choice of beverages along with starters, main course or snacks that will be prepared by the Host and presented to the Guest Users.
 

5. Terms of Use
 
5.1 The Host User publishes the choices of events through YeatUp in the profile page he/she will create (collectively “Dining Events”). Listing of choices of the dining event in search results may reflect the preferences or votes of the users. This listing may aim to facilitate receiving information and making reservation whereas is not a determinant with regard to quality and competence. However, Users may benefit from user comments.
 
5.2 Various questions may be asked to the Users, who want to participate in a dining event (collectively “Dining Events”) through YeatUp, regarding the event including, but not limited to, about what they enjoy and prefer, the event facility and time along with the cause of invitation, concept and the number of participants. The answers to these questions are evaluated by the Host and in case it is determined that the said answers are not satisfying, wrong or misleading, the reservation request may be rejected without any liability to indemnity.
 
5.3 YeatUp can ask questions to the Users regarding the contents, quality, context and pricing of the Services in order for the YeatUp website to operate better and provide the Users with additional information and clarification. This, under no circumstances, means that the Users are warranted about the contents, quality, and adequacy of the Services and about their satisfaction and YeatUp disclaims all liability in this regard.
 

5.4 In case there is a request for reservation through YeatUp, YeatUp shares with the Host the registered personal information (such as name-surname, telephone) of the said Guest. 

5.5 As the prerequisite for the use of Sites and Applications as the Guest, the User should be over the age of 18 and it is mandatory to guarantee that the facility where the Dining Event will be organized in is physically appropriate. In case any damage regarding the facility is incurred to YeatUp due to an infringement of a guarantee, the User shall bear obligation for indemnity.

 5.6  Each Host User determines the Price freely. The Host publishes the Price, including the YeatUp service charge, on the profile page. In addition, the Host acknowledges that the Guests, naturally, do not want to make an extra payment or any other price other than the one specified during the reservation confirmation after the invitation.

5.7 Each Host User will be able to freely determine the scope and rules of the event he/she wants to organize and request some additional information from Guest User such as the profile picture and a verified phone number other than the standard information requested during signing in to the system to make a reservation.

 5.8 The Host may prepare a quotation (“Quotation”) (at this stage a sample text prepared by YeatUp on the website can be used) for each reservation request and send it to the relevant registered e-mail as the contact address. Not confirming the Quotation within the period written in the Quotation means that it is rejected and the Quotation becomes non-binding. Should the Quotation is accepted and reservation request is conveyed, the reservation should be confirmed or rejected within the Reservation Confirmation Time. Reservation requests not confirmed within the confirmation time is deemed rejected automatically. Following the confirmation of the reservation, the Price agreed upon is charged from the relevant payment instrument.

 5.9 Each host should behave in line with law and be meticulous in selection of foods and beverages. The Host cannot sell or serve banned products through the website. The Host, himself/herself, is responsible for any liabilities incurred in the case of such an action. The Host, himself/herself, shall be held responsible in case any damage is incurred to their property, neighbors, environment or third parties or in the case of a complaint and shall keep YeatUp clear from all liabilities.

 5.10 Each Host, himself/herself, shall be held responsible for administrative, financial and tax-related matters as well as permissions (if any) to be taken as per the law, expired permissions, non-renewed permissions or cancelled permissons and any consequences resulting thereform and shall keep YeatUp clear from all liabilities.

 5.11 Hosts are responsible for keeping the Dining Events ready to be reserved and fulfilling approved reservations through the Sites and Applications.


6. Cancellation, Change, Return

6.1 The Event Price agreed upon by the Host and the Guest is charged from the credit card of the Guest and kept by the contracted payment service provider to be paid to the Host after the dining event.  In case the Guest cancels the confirmed reservation 48 hours before the event, no payment is transferred to the Host and is reimbursed to the Guest, however, should the Guest cancels the confirmed reservation 24 to 48 hours before the event, fifty percent of the payment is transferred to the Host. If the Guest cancels the confirmed reservation 24 hours before the event, the Guest should pay the entire Event Price agreed upon by the Host and the Guest.

6.2 The Guest cannot demand the servicing of the food presented by the Host in a place other than the hosting facility or cannot demand the Host to leave the facility during the dining event. 

6.3 The Guest cannot demand a change in the concept, content and time of the event after the reservation is confirmed.

6.4  In case the confirmed event is cancelled by the Host, the Event Price is reimbursed to the Guest. In such a case, the Host knows and accepts that penalty for breach of contract or other sanctions can be imposed by YeatUp at its own discretion within legal limits. However, YeatUp cannot be held responsible for the indemnities incurred to the Guest due to any cancellation.           

 7. User Complaints, Violation of Terms of Use

7.1 In case Guests complain about the quality and adequacy of the service or consider that the service does not comply with the YeatUps standards or that the terms of use is violated, YeatUp can impose penalty for breach of contract or other sanctions to the Host, including cancellation of User’s account, at its own discretion within legal limits.
 
7.2 YeatUp can unilaterally invalidate the user account by terminating the agreement herein without any notification in case the same Host
i.  is being complained about
ii. cancels the confirmed reservation (even if the Guest does not complain)
twice in a month or 5 times a year.
 

7.3 In the case of any complaint including, but not limited to, the quality and adequacy of the service, YeatUp, completely at its own discretion, has the right not to pay the Price to the host being complained about.


8. Other Rights and Obligations of Parties


8.1 The User declares and warrants that he/she shall use the www.yeatup.com website in accordance with the legislation provisions in force and the conditions of the Agreement herein and shall otherwise be held responsible for all legal and penal liabilities and keep YeatUp clear from all damages, lawsuits, demands and claims and shall indemnify YeatUp thereagainst.  


8.2 The User cannot use malware such as trojan horse or like, spam and virus, cannot block the other users’ website usage via any other program, cannot operate in a manner to destroy or substantially slow down or give damage to the hardware and software of YeatUp. Measures have been taken within the bounds of possibility in order to protect www.yeatup.com website from this kind of malware, however the User should have his/her own protection system regarding his/her own software and hardware. The User is liable of any kind of problems and results thereof that may occur in his/her software, hardware and operating system due to accessing www.yeatup.com website.


8.3 The User cannot use www.yeatup.com website in a manner to breach the public order, offend against public morality and infringe third party intellectual property rights and copyrights and other purposes against the law.


8.4 Damages to the third parties due to ideas and notions stated by any User on the www.yeatup.com website is solely under the responsibility of the said User.
 
8.5 All intellectual rights regarding the design, software, texts and visual contents of the www.yeatup.com website belongs to YeatUp and cannot be used by the User under any circumstances.

8.6 YeatUp does not bear the responsibility for the corruption of the User’s data by the third parties or for the damages in User’s software and data incurred due to the negligence of the User. The User agrees to keep YeatUp indemnified against any damages incurred related to the use of the www.yeatup.com website.


8.7 The User accepts that he/she shall not attempt to access information or software of other users of the www.yeatup.com website and that otherwise criminal and civil liability solely belongs to him/her.

 

8.8 The User declares and warrants that all information provided during creating the account for signing into yeatup.com is accurate and that he/she shall promptly update altered information and indemnify all damages incurred to YeatUp due to untrue information. The User accepts that YeatUp can remove this information and data at all times and suspend and teminate the User’s system registry. YeatUp can disclose the personal information of the User to the third parties in order to fulfil a court order in accordance with the legislation in force or in case the User consents. Should the User consents, YeatUp can use this information and the User’s movements on the www.yeatup.com website in order to develop the website and provide a better service to its users.

8.9 The right to use the password the User gets from the www.yeatup.com website belongs exclusively to the User. The User cannot give this password to anyone else. Criminal, civil and financial liability regarding the use of the password belongs to the User.
 
8.10 The User accepts that information can be collected such as the internet address of the website providing direct connection to the site and pages that are accessed while the User is on the site, date and time of access to the site, name of the internet service provider and Internet protocol (IP) address used to access the site within the frame of legal regulations in order to improve, develop www.yeatup.com website.

8.11 The User declares and accepts, within the scope of implementations in force and/or to be brought into force, that he/she permits information and advertisements be sent to him/her regarding brands, products and service introductions, advertisements, campaigns, advantages, surveys or other customer satisfaction applications of YeatUp’s affiliates, sponsors and companies, partnerships or other establishments in collaboration with YeatUp. The User declares and accepts that the personal and shopping information and shopping and/or consumer behavior information that the User provided in the past during signing in YeatUp and/or by other means and/or shall provide in the future be collected for abovementioned purposes, be used or archived and shared with its affiliates, sponsors and companies, partnerships or other establishments in collaboration with YeatUp. The User declares and accepts that, unless specified otherwise, data can be collected, be used and archived by YeatUp even when the system registration is terminated. The User declares and accepts that he/she shall not claim indemnities for direct and/or indirect financial and/or moral, negative and/or positive, in short, any damages incurred due to collection, sharing, use, archiving the aforementioned information and for being accessed and shall not hold YeatUp liable. In case the User wants to change data sharing preferences, he/she can update, change or remove his/her information.


8.12 In accordance with the agreement herein, YeatUp has the authority to send informative electronic mails to electronic mail addresses and informative SMSs to mobile phones of the Users registered in the system. Upon the approval of the Agreement herein, the user shall be deemed to have consented to receive informative electronic mails to his/her electronic mail addresses and informative SMSs to his/her mobile phone. In case the User wants to discontinue receiving electronic mail and/or SMS, he/she will make the relevant change on the profile page of the YeatUp website  and cancel electronic mail and/or SMS communication.
 

8.13 The User has the right to learn under which circumstances his/her personal information is stored, with whom and why his/her personal information is shared, the purpose for the collection of his/her personal information, whether or not this personal information is used in accordance with the purposes; to demand correction of personal information in case it is incomplete or incorrect, to demand deletion and removal of personal information, to dispute a result against himself/herself caused by the analysis of personal information via automatic systems exclusively and to claim indemnity of damages incurred due to acts against the law with regard to personal information.
 
8.14 In the cases of partial or whole transfer and/or sale or change in the structure of partnership of YeatUp, the agreement herein is transferred to the transferee with all rights and obligations. In such a case, the User consents in advance that his/her personal information is transferred to the transferee.

9. Settlement of Disputes
 
In the event of settlement of any disputes arising from this Agreement, Istanbul Central Courts (Çağlayan) and Enforcement Offices shall be the competent jurisdiction.