4. Rights and Obligations of the Parties4.1. 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 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 Homy to the Resident, 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 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 Homy 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. Homy 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 Homy by sending an e-mail to
requests@homygroup.io. 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. Homy 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. Homy 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
requests@homygroup.io, 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 Homy 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 Homy 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 Homy. It must inform Homy 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. Homy 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 Homy 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. Homy 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 Homy'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 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. 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.