Randevu Planı — Terms of Use
- Operator: Randevu Planı (see Section 24)
- Contact: privacy.randevuplani@gmail.com
Language: This is a translation provided for your convenience. The official and legally binding version of these Terms is the Turkish one. In the event of any discrepancy, the Turkish text prevails.
These Terms of Use cover both the Businesses (business owners) registered on the Platform and the Customers who book appointments with those businesses.
1. Definitions
- “Platform” / “Application”: the online appointment management software, website and mobile applications named “Randevu Planı”, developed and operated by the Operator.
- “Operator” / “We”: the natural person who provides and operates the Platform (identity details: Section 24).
- “User”: any natural or legal person who uses the Platform in any capacity.
- “Business”: a commercial user who offers appointment services to its customers through the Platform; the data controller within the meaning of the KVKK and the GDPR.
- “Customer”: the end user who books an appointment with a Business through the Platform.
- “Content”: all software, design, text, logos, visuals and databases on the Platform.
- “KVKK”: Turkish Personal Data Protection Law no. 6698. “GDPR”: EU General Data Protection Regulation 2016/679.
2. Acceptance and Formation of the Agreement
By downloading, registering for or otherwise using the Platform, you declare that you have read, understood and accepted these Terms of Use, the Privacy Policy and, where applicable, the Data Processing Addendum (DPA). If you do not accept these Terms, you must not use the Platform.
Persons under the age of 18 may not use the Platform without the supervision and consent of their legal representative. A person who opens a Business account warrants that they are authorised to represent that business.
3. Description of the Service
The Platform is an intermediary software service that enables Businesses to manage appointments online and Customers to book appointments with those businesses. The Operator provides the technical infrastructure only; it is not a party to the service relationship between the Business and the Customer.
Services may be updated, extended, restricted or terminated with prior notice, or without notice where technically necessary.
4. Intermediary Role and the Business’s Responsibility
Appointment requests are subject to the approval of the relevant Business. The Platform is merely an intermediary bringing Businesses and Customers together.
The relevant Business is solely responsible for the content, quality, timing, cancellation, price and lawfulness of the service provided. The Operator is not a party to any dispute between a Business and a Customer and cannot be held liable for any claim arising out of such disputes. Users agree to direct such claims to the relevant Business.
5. User Obligations
All Users are obliged to provide accurate and up-to-date information, to use the Platform in accordance with the law and the principles of good faith, and not to infringe the rights of third parties. The Platform may not be used to:
- Engage in unlawful, fraudulent, misleading or harmful activities.
- Infringe the rights of others, harass them or send spam.
- Interrupt the operation of the Platform, reverse-engineer it, attempt to circumvent its security or damage it.
- Access the Platform or extract data from it by automated means (bots, scrapers and the like) without permission.
The User is personally liable for all damage arising from a breach of these obligations.
6. Account Security
You alone are responsible for the confidentiality of your account and password. All actions taken through your account are attributed to you. You must notify us without delay if you become aware of unauthorised access. The Operator is not liable for damage that may arise from the incorrect or unauthorised use of the Platform.
7. Intellectual Property Rights
Copyright and other intellectual property rights in the Platform and all Content belong to the Operator or its licensors and are protected by applicable law. Users are granted only a personal, non-exclusive, non-transferable and revocable licence to use the Platform within the framework of these Terms.
Users may not copy, reproduce, distribute, create derivative works from or commercially exploit the Content. No transfer of rights beyond this licence may be inferred.
8. Data Protection and the DPA for Businesses
The Operator processes personal data in accordance with the Privacy Policy and applicable legislation. Please read the Privacy Policy for details of how your data is processed.
8.1 Businesses — Data Processing Addendum (DPA)
With regard to Customer data collected through the Platform, the Business acts as “data controller” and Randevu Planı as “data processor” (KVKK art. 12 / GDPR art. 28). The data processor processes the data solely for the purpose of providing the service and in accordance with the written instructions of the Business, and takes appropriate technical and organisational security measures.
The Business is solely responsible for providing the required privacy notice and obtaining explicit consent for the Customer data it collects. For Businesses established in the EU, a separate DPA under Article 28 of the GDPR and, where necessary, Standard Contractual Clauses (SCCs) may apply. All administrative fines and claims arising from a Business’s breach of its notice/consent obligations rest with that Business.
9. Third-Party Services and Integrations
The Platform may integrate with third-party services (payments, maps, notifications and so on). Use of these services is subject to the relevant provider’s own terms. The Operator cannot be held liable for interruptions, errors or damage arising from third-party services.
10. Advertising and Analytics
The Platform may collect anonymised/aggregated analytics data and display in-app advertising in order to improve the user experience. Such data is processed to the extent permitted by law and, as far as possible, without containing personally identifiable information.
11. Subscriptions, Purchases and Payment
- Purchases: One-off purchases may be offered within the Platform for various features or content.
- Subscriptions: Access to certain services may be offered on a monthly or annual subscription; unless cancelled by the user, subscriptions renew automatically at the end of the period.
- Pricing: Fees and payment terms are stated clearly at the time of purchase. Payments are processed through secure payment systems; payment details are protected by those systems and are not stored by the Operator.
- Cancellation and refunds: Users may cancel their subscription at any time; cancellation takes effect at the end of the current period. Subscriptions are, as a rule, non-refundable. Your rights under consumer legislation (e.g. the right of withdrawal) are reserved and cannot be limited by this clause.
11.1 Subscriptions Through Mobile App Stores
Where a subscription is purchased through the Apple App Store or Google Play, the purchase, pricing, automatic renewal, cancellation and refund processes are subject to the rules and terms of use of the relevant store (Apple / Google). These processes are carried out through the relevant store and the user’s store account settings, not by the Operator.
Cancellation: Subscriptions purchased through a store are cancelled from the user’s store account settings; cancellation from within the application may not always be possible.
Refunds: Refund requests are subject directly to the refund policy of the relevant store. The Operator has no authority to issue refunds for payments made through a store.
Liability: The Operator is not responsible for payment, billing or renewal processes originating from a store.
Managing Apple subscriptions: https://support.apple.com/en-us/HT202039
Managing Google Play subscriptions: https://support.google.com/googleplay/answer/7018481
12. Notifications and Electronic Communication
The Operator may send you notifications by in-app message, e-mail or SMS. These notifications may include service-related updates, changes and important information. For commercial electronic messages, the consent required by legislation is obtained and an opt-out is provided.
Campaign SMS that Businesses send to their customers rely solely on consent the customer has given to that business and that is registered in the Message Management System (İYS). The relevant Business is responsible for the content and sending of its campaigns. A Business sending campaign SMS must be registered with İYS under its own brand and comply with Turkish Law no. 6563 and the related regulation.
13. Disclaimer of Warranties
The Platform is provided “as is” and “as available”. To the maximum extent permitted by law, the Operator gives no express or implied warranty that the Platform will be uninterrupted, error-free, fully secure or fit for a particular purpose.
14. Limitation of Liability
To the maximum extent permitted by mandatory applicable law, the Operator is not liable for indirect, incidental, special or consequential damage, or for loss of profit, data or reputation. In any event, the Operator’s total liability is limited to the amount actually paid to the Operator by the relevant User in the twelve (12) months preceding the event giving rise to the claim.
These limitations do not apply to liability arising from the Operator’s intent or gross negligence, nor to liabilities that cannot be limited by law (e.g. consumer rights, rights strictly attached to the person).
15. Indemnity (User’s Obligation to Hold Harmless)
The User agrees to defend, indemnify and hold the Operator harmless against any claim, action, damage, penalty and reasonable legal fees that may be directed at the Operator as a result of (i) the User’s breach of these Terms, (ii) the User’s unlawful use of the Platform, or (iii) the User’s infringement of third-party rights. For Businesses, this obligation also covers breaches of KVKK/GDPR notice and consent requirements.
16. Suspension and Termination
The Operator may suspend or terminate an account without prior notice on grounds of breach of these Terms, unlawful use or security. Users may also close their account at any time. On termination, provisions which by their nature should remain in force (intellectual property, limitation of liability, indemnity, governing law) continue to apply.
17. Account and Data Deletion
Users may request deletion of their account and personal data from within the application. Once the request is completed, the relevant data is permanently deleted or anonymised, except for data that must be retained by law.
18. Force Majeure
The Operator cannot be held liable for delay in or impossibility of performance caused by natural disaster, epidemic, war, cyber attack, infrastructure/power/internet outage, third-party service failure or similar events beyond its reasonable control.
19. Assignment
The Operator may assign its rights and obligations under these Terms to a third party. Users may not assign their rights and obligations without the Operator’s prior written consent.
20. Changes
These Terms of Use may be updated from time to time. Changes will be notified to Users by appropriate means. Continuing to use the Platform after such notice means that you accept the updated terms.
21. Severability and Entire Agreement
If any provision of these Terms is held to be invalid or unenforceable, the validity of the remaining provisions is unaffected; the invalid provision is deemed replaced by the valid provision closest to its purpose. These Terms, together with the Privacy Policy and any DPA, constitute the entire agreement between the parties.
22. Governing Law and Jurisdiction
These Terms of Use are governed by the laws of the Republic of Türkiye. The Courts and Enforcement Offices of Kocaeli have jurisdiction over disputes arising from these Terms. For Users who qualify as consumers, mandatory provisions on the jurisdiction of consumer arbitration committees and consumer courts are reserved.
23. Contact
For questions and requests regarding these Terms of Use you may contact us:
- E-mail: privacy.randevuplani@gmail.com
24. Operator
Mert Can Taşkın