3. Rights and Obligations of the Parties
3.1. Homy is an auxiliary platform that offers digital services for community association managers and management companies authorized by community associations. Homy provides comprehensive services to the Managers and residents of the communities within the scope of the service agreement concluded with the managers of the communal living space and management companies authorized by the communal living spaces. All Services offered by Homy to the Managers, including those provided by these Terms of Use, are provided under the Service Agreement concluded between Homy and the Manager. As such, Homy possesses the title of "hosting provider" as defined in 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 Manager accepts and declares that Homy holds no responsibility for the contents posted on the Platform by the Manager and/or Resident.
3.2. Within the framework of the contractual relationship with the Resident and within the scope of the Service Agreement, the Manager may have uploaded, sent or otherwise entered some information and/or other data about the Resident on the Platform. In such situations, the Manager agrees and declares that Homy has no title to the information or data uploaded, sent or otherwise entered to the Platform by the Manager and it just offers storage service to offer such information or data to the use of the Manager exclusively in line with the instructions of the Manager, and that being the case, should Resident request that its certain information and/or data is/are not stored in the Platform, it may contact the Manager acting as data supervisor pursuant to Personal Data Protection Law No. 6698.
3.3. The Manager agrees and declares to be duly authorized if it accesses the Platform on behalf of an operator and/or communal living space. In this respect, the Manager agrees, declares and undertakes that Homy exclusively provides a platform and is authorized to upload all kinds of data to the Platform, including but not limited to the Personal Data the Manager has entered and has received explicit consent of relevant persons where necessary; Homy is in the capacity of a data processor for the Resident or the Manager in terms of the data uploaded to the Platform; in this respect, it has no responsibility in terms of the data uploaded to the Platform by the Resident or the Manager, except those explicitly specified in the applicable legislation, including but not limited to the obtainment of the explicit consent of relevant persons.
3.4. The Manager may access to the data or information as well as the information regarding the use of Services, which the Company has entered in the Platform, as long as the duration of the Service Agreement between the Manager and Homy, at any time except in the cases of suspension or cancellation of access permit, may upload this information and data to its devices, or may change, delete or otherwise process them. Homy has the right not to disclose the information or data arising from the use of Platform to third parties, including but not limited to the Manager, unless required by law, such as a decision duly taken by a prosecutor or a court.
3.5. The Manager may make announcements to Residents regarding the site it undertakes to manage, by sending SMS or e-mail via requests@homygroup.io on the Platform. The Manager agrees, declares and undertakes that it shall be responsible for the compliance of these announcements with the legislation and for all requests to be submitted by Residents to Homy or to the Manager, and that, Homy doesn't control these contents or hold any responsibility regarding the contents to be submitted.
3.6. The Manager agrees, declares and undertakes that the e-mails and/or SMS to be sent to the Resident via the Platform will only be used for messages regarding the service fees or other similar issues of the site which the Manager is liable to manage; the Manager won't send any commercial promotional offers to the Residents via the Platform; and if the e-mail or and/or SMS contents are in kind of commercial electronic messages pursuant to Law No. 6563 on the Regulation of Electronic Commerce and Regulation on Commercial Communication and Commercial Electronic Messages, the Manager will be liable for all requests submitted by Residents to Homy or to the Manager itself and that; if Homy is subject to any sanction due to the posting of the illegal message, Homy will refer to the Manager for the compensation of the damage it has incurred.
3.7. The Manager is personally responsible for the use and management of all information that allows the use of the Platform, including the accounts, usernames and passwords. In this respect, the Manager cannot assign its account, username and password or membership profiles to another user under any conditions or allow its use by third parties. Every transaction performed with the username and password using the account belonging to the Manager shall be deemed to have been carried out by the Manager. The Manager shall be exclusively responsible for the damages incurred by the Manager, Resident and/or third parties due to the loss or transfer of such information or its use by persons other than the Resident. Should the Manager become aware of the unauthorized use of its account and/or password or any other breach of security regarding the account, it is obliged to notify Homy immediately. Homy has the right to deny Manager's access to the Platform for the purpose of preventing non-authorized use.
3.8. The Manager agrees, declares and undertakes hereby that Homy is not obliged to check any information given to it, and it does not guarantee the truth of such information under any circumstances. However, the Managers agree and declare that they are obliged to provide the Platform with their own, true and complete information in order for the Services to be provided as requested, or otherwise, they will be obliged to cover all losses suffered by Homy due to inaccuracy of such information.
3.9. Regulations regarding the information and data provided by the Manager and/or the Resident are established within the scope of the Terms of Use and the Clarification Text. Homy does not use such information or data outside the scope specified in these Terms of Use and the Clarification Text or does not transfer it to third parties.
3.10. The Manager declares that it is over the age of 18 and has the legal capacity to be a party to the Terms of Use herein.
3.11. The Manager agrees and undertakes hereby that it will use the Platform and the Services in accordance with these Terms of Use and that all its activities on the Platform and/or the contents it has created, will comply with the Platform usage rules and applicable legislation. Accordingly, the Manager shall comply with the Terms of Use and the rules and conditions published on the Platform, as well as the laws, and the code of conduct and honesty, in all of its activities on the Platform, and shall not engage in any activity that may undermine the operation of the Platform, or any activity that infringes or that has the risk to infringe the rights of third parties.
3.12. The Manager agrees and undertakes that it will not share any content that violates the personal rights of the Resident and/or third parties, that contains inappropriate, sexual content, insult or hate speech, slanderous or threatening statements, intimidations and/or harassments on any communication channel provided by Homy; and that, it will inform Homy if it becomes aware of any content that can be categorized as such.
3.13. Any legal, administrative or criminal responsibility arising from the use of the Platform shall belong to the Manager using the Platform. Homy cannot be directly and/or indirectly held responsible for any damages incurred by third parties as a result of the Manager's activities on the Platform and/or actions incompatible with the Terms of Use or relevant legislation. With regard to all kinds of requests from third parties in this context, the damages to be incurred by Homy due to the Manager's failure to fulfill its obligations laid out in the Terms of Use or the relevant legislation shall be referred to the Manager to be paid, upon the first request, together with their derivatives.
3.14. 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. Homy bears no commitment and/or responsibility regarding the service offered by Internet service providers or the quality of this service. Accordingly, the Manager agrees hereby that the Platform is not free of defects and that despite Homy's well-intentioned efforts, occasional technical failures and/or access barriers may occur.
3.15. The Manager shall not upload any promotional content to the Platform without taking prior consent of Homy.
3.16. The Manager agrees and declares that there may be outbound links on the Platform to websites and/or platforms, files, or content outside the control of Homy, that third-party services may be offered but it does not necessarily mean that Homy 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 Homy shall bear no responsibility for the platforms, websites, files and content, services, or products accessed through such links. Accordingly, Homy does not necessarily approve of any content accessed via external links on the Platform.
