General Membership and Usage Terms and Conditions of tamam app

The below general terms of use and conditions (hereinafter, the “General Terms”) apply to and cover the website of TAMAMAPP (hereinafter shall be referred as “TAMAM”), whose domain is www.tamamapp.com, and to its mobile application, as well as to all its related sites or sites linked from www.tamamapp.com by TAMAMAPP, as well as its subsidiaries and associates, including TAMAM’S websites worldwide (hereinafter and collectively, the “site”). By using the site, you agree to these terms of use.

TAMAMAPP IS THE SOLE OWNER OF THE APPLICATION AND THE WEBSITE AND HOLDS THE RIGHT OF OWNERSHIP TO THE LARGEST EXTENT POSSIBLE AND PROVIDES TO END-USERS(hereinafter, the “User” or “Users”) the usage of the website and mobile application (hereinafter shall be referred together the “Platform”).

In accordance with the provisions of the applicable legislation, the following identification details of the site owner are provided below:

  • Company name: Modern Technology E Commerce Limited (hereinafter shall be referred as ‘Company’)

  • Registered office: Maslak

  • Chamber of Commerce registration details: Istanbul Chamber of Commerce

  • Tax Identification Number: 6221615385

  • Contact Form.

The COMPANY is a technology company main activity of which is to create, develop and manage of a technology platform in territories amendable from time to time, which provides users to order requested delivery services via mobile or web application or website (hereinafter, the “APP”) THE COMPANY acts as an intermediary in the immediate delivery of the products.

Customers / Users can request the purchase of products and services from various shops by placing an order through the Platform. Again TAMAMAPP acts as a mere intermediary and is therefore does not accept any responsibility for the quality of the products or for the proper provision of the services offered directly by the merchants or by such third parties.

Couriers are thus a network of self-employed couriers / delivery people who work with Tamamapp. When they wish to provide courier services, they log onto the TAMAMAPP Platform and undertake within a certain time to carry out the courier / distribution / delivery service entrusted to them by a Customer/User by means of the above-mentioned mandate.

Throughout these General Terms of Use, both Customers and Couriers will be referred to as “Users”.

If a User download the Platform and creates a profile, it will be deemed that the User acknowledges clearly and definitely agree to these General Terms and to the Privacy Policy and the Cookie Policy.

For a person to be a Customer/User of the Platform, it is obligatory to meet the following criterias:

  • You must be at least 18 years of age.

  • You must truthfully complete the mandatory fields of the registration form requesting personal details such as the user name, e-mail address, telephone number and bank card number.

  • You must agree to these Terms of Use.

  • You must agree to the Privacy and Data Protection Policy

  • You must agree to the Cookie Policy

The User guarantees and underakes that all the information regarding his/her identity and capacity provided to TAMAM in the registration forms for the Platform is true, accurate and complete. In addition, the User undertakes to keep his/her details up to date.

If a User provides any false, inaccurate or incomplete information or if TAMAM, with its sole discretion, thinks that there are reasonable grounds to doubt the correctness and accuracy of the information provided by the USER, TAMAM reserves the right to reject the User’s current or future access to, and use of, the Platform or any of its contents and/or services.

When registering on the Platform, Users must choose a username and password. Both the username and the password are strictly confidential, personal and non-transferable.

Users undertake not to disclose the details of their account or allow access thereto to third parties. Users shall be solely responsible for any use of such details that may be made by third parties, including for statements made on the Platform or any other action carried out under their username and/or password.

Platform/Company/App cannot guarantee the identity of registered Users, and it will therefore not be liable for the use by unregistered third parties of a registered User’s identity. Users must immediately inform The Company, using the Contact Form, if their username or password is stolen, disclosed or lost.

3.1 Profile

In order to complete their registration on the Platform, Users must provide certain details, such as username, e-mail address, telephone number, bank card details, etc. Once they have completed the registration process, all Users can access their profile and complete or edit it, and/or deregister, as they deem appropriate.

3.2. Credit Card Theft or Removal

If a User fails to inform TAMAMAPP of the missing and/or stolen card, Platform/TAMAMAPP will not be liable for any fraudulent use thereof that may be made by third parties on the User’s account.

Customers are solely responsible for providing the correct addresses for delivery and collection on the Platform and also for true and exact information regarding the the product and it’s specifications, and they therefore release TAMAMAPP and the Courier from any liability for negligence or error in the collection or delivery of the order as a result of the supply of incorrect addresses/information/spesifications for collection and delivery. As a result of the foregoing, the Customer shall bear the cost resulting from the provision of an incorrect address for collection and delivery on the Platform.

If the price of the product is not included on the platform, the Customer may set an approximate price. In such case, the service or product may be purchased by the Courier in person based on the Customer’s estimate and never for more than 30% above the said estimate. If the price is higher, the Courier shall contact the Customer to inform him/her of this situation, and it will be the latter who makes the final decision on whether or not to proceed with the in-person purchase at the store.

If the product and/or service is not available, the Courier must call the Customer to set out the available options. If the Customer does not accept any of the options set out by the Courier and is therefore not interested in the alternative options, he/she must accept the cancellation policy set forth in these General Terms of Use (Section Nine). If the Customer does not answer the phone, the Courier shall wait 10 minutes before leaving.

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Registration and use of the Platform is completely free for Customers.

The Customer/User only has to pay for each service/product requested through the Platform. By registering through the Platform and providing the required bank information, Users expressly authorise TAMAMAPP to issue receipts for payment of the services requested, including the price of the products ordered.

TAMAMAPP, reserves the right to change the price based on the time slot in which the service is performed and/or the distance travelled. In accordance with these terms, the Customer/User will be entitled to know the approximate fee for the service before contracting it and formalising payment, unless the user has not specified the address for collection. The fee for the delivery service may vary in cases of force majeure beyond TAMAMAPP’s control that entail an increase in such fee.

The Company reserves the right to change its prices at any time. Such changes shall take effect immediately after publication. The User expressly authorises TAMAMAPP/COMPANY to send him/her by electronic means, to the e-mail address provided by the User during the registration process, receipts for the services contracted and/or the bills generated. If an invoice is required, the user must enter the relevant tax data on the platform before placing the order.

If a Courier has already been assigned to provide a service/products and this is subsequently cancelled by the user, TAMAMAPP/COMPANY shall be entitled to charge the Customer the fee for the services already embarked on by the Courier. In addition, if the User has asked the Courier to purchase a product on his/her behalf and the Customer cancels the order after the purchase has been made, the latter shall bear the cost of the delivery services provided by the Courier as well as the price of the product. All this without prejudice to the Customer’s ability to request a new service in order to return the products purchased or to have them delivered at a different address. In the case of non-perishable products, the User may exercise his/her right of withdrawal vis-à-vis the merchant that sold him/her the products. If the User wishes to exercise this right through TAMAMAPP, he/she must request a new service.

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All the prices stated on the Platform are inclusive of any taxes that may be applicable based on the territory.

TAMAMAPP, from time to time, may provide promotions for the User. The related codes for promotions must be correctly entered in the application before placing the order. Otherwise, they will not take effect and the user will be unable to enjoy their benefits. TAMAMAPP also reserves the right to annul and cancel any sort promotions whenever it wishes so under its sole discretion.

10.1. Steps for the usage of the Platform will be as follows:

10.2. Price and Payment Method

The price of the product and/or service shall be stated on the Platform. However, the Customer assumes that the price of some of the products may vary in real time due to stock availability at the establishments appearing on the platform, and that the Customer will in any event always be told the final cost before payment.

At the payment gateway stage, the Customer will be informed of the estimated price and approximate time of delivery in accordance with the terms of TAMAMAPP’s courier service. The Customer/User may pay for the services in cash or by credit card. Before placing the order, the Customer will be informed of the various payment options available in the territory. In order to pay with a credit card, the Customer must provide the card details through the platform as a payment method associated with his/her account. The User agrees and accepts that the final price may differ in accordance with the rush hour, traffic jam etc.

In the case of cash payments, the customer must pay the price at the time of delivery of the product and/or on completion of the assignment at the place of delivery. The customer may not refuse to pay the delivery fee and/or the price of the product ordered.

If payment for the service can for any reason not be taken from the customer, the latter shall be blocked from using the platform again until he/she has settled the debt. If the User makes the payment via a different method which is not designated in this term and conditions to the Courrier, such payment will not release the User from his/her payment obligation. In other words, TAMAMAPP will not be responsible for any private transactions between the couriers and the User.

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TAMAMAPP, does not control, and is not responsible for, the contents uploaded by Users through the Platform, and Users are solely responsible for the lawfulness of such contents.

TAMAMAPP will not be liable for any service interruptions, connection errors, unavailability of, or faults in, the Internet access service, or Internet interruptions and/or any issues/problems/malfunctions arisen from the related banks or for any other matters beyond its control.

TAMAMAPP accepts no liability for any security errors that may arise or for any damage that may be caused to the User’s computer system (hardware and software), or to the files or documents stored therein, as a result of:

  • The presence of a virus in the User’s computer system or mobile handset used to connect to the Platform’s contents and services;

  • A malfunction of the browser;

  • The use of outdated versions thereof.

TAMAMAPP does not check (and is under no obligation to check) the identity of Users or the truthfulness, current validity, completeness and/or authenticity of the data supplied by them.

TAMAMAPP rejects any liability for damages of any kind that may arise from Users’ illegal use of the Platform or due to the information supplied by Users to other Users about themselves being untrue, no longer valid, incomplete and/or false and, in particular and without limitation, for any loss or damage of any kind that may arise due to a User impersonating a third party in any kind of communication made through the Platform. In particular, TAMAMAPP accepts no responsibility for the use of the application or for any orders that may be made by a third party from the User’s account.

Notwithstanding the foregoing, TAMAMAPP reserves the right to fully or partly restrict certain Users’ access to the Platform, as well as to cancel, suspend, block or remove certain types of content, by means of suitable technological tools, if it becomes aware that the activity or the information stored is illegal or harmful to a third party’s rights or property. In this regard, TAMAMAPP may establish any filters that may be necessary to prevent the service from being used to upload unlawful or harmful content to the Internet. By making content available through the Platform, Users assign to TAMAMAPP all exploitation rights arising from the contents thus supplied.

TAMAMAPP gives no warranties regarding the authenticity, accuracy, novelty, reliability, lawfulness or non-infringement of third-party rights by Couriers. In this regard, Users state that they understand that TAMAMAPP is an independent company that puts Customers and Couriers in contact with each other, and that it accepts no liability arising from the information provided by Couriers or for any loss or damage that may potentially be suffered by them due to a breach of these General Terms of Use. TAMAMAPP will therefore never be liable for the availability of Couriers or for their adequate and satisfactory performance of assignments.