TERMS AND CONDITIONS
Last updated December 24, 2024
1. Parties
a) EOP TURIZM VE TICARET LIMITED SIRKETI, located at the address of ANDIFLI MAH. SEHIT KAZIM TEMEL CAD. SAYLAM SUITES APART OTEL NO: 17 IÇ KAPI NO: 3, Antalya / Kaş (HILLS) provides various services through the www.hillskas.com website.
b) The person who creates an order request for goods or services by becoming a member of Hills through the system (“User”)
These Terms and Conditions may apply for the guest checkouts, as it deems appropriate at HILLS’s sole discretion.
2. Subject and Services
The subject of this Terms and Conditions (“Agreement”) is the terms of benefiting from the services to be provided to the User through HILLS and the rights and obligations of the Parties.
HILLS offers users the opportunity to order food, pre reservations etc. and other related services from the internet, mobile applications, smart TV systems or applications that can be developed on similar platforms.
3. User’s System
You can become a user of HILLS within the scope of these Terms of Use by filling in the relevant information in the register field or through the provided social media networks memberships or apple accounts etc. If any of these processes is not completed, the user cannot have the rights and authorizations defined here. The user accepts and undertakes to comply with the provisions of this Agreement during the membership.
The users accept and undertake that they are over the age of 18, and that they use HILLS if they are under the age of 18 only with the consent of their parent or legal guardian.
Each user needs an e-mail address and a “password” to be determined by himself in order to register on HILLS and access the system. Login steps should be followed to access social media accounts or other specified accounts.
“Password” is only within the knowledge of the relevant user. If the user’s password is forgotten, the system will send a link to the user’s email address registered in the HILLS system upon request to create a new password. Determining and protecting the password is the sole responsibility of the user and HILLS is not responsible for any problems or damages that may arise from the use of the password.
HILLS assumes that the person logging into HILLS using a registered email address and password is the user under this Agreement, and HILLS has no obligation to investigate the source and authority of the entries made.
Users can determine their preference regarding allowing e-service promotions, advertisements, campaigns, advantages, surveys and other customer satisfaction applications to be offered to them within the scope of the applications in effect and/or to be implemented by HILLS. Notifications regarding the order confirmation sent to the user are not accepted as commercial messages.
HILLS only shares the User’s name, address, and phone number with the member merchants who will deliver the order for the only purpose of providing that the purchase is delivered correctly.
Regarding the role of HILLS as an intermediary service provider, it is not responsible for any problems or damages that may arise between the user and the member merchant due to the sharing of the name, address and telephone number registered in its system with the member merchant that delivered the order.
HILLS may anonymize the data and issue reports without disclosing the user information, or use such information or reports itself, and may share these reports and/or statistics with its business partners and third parties, with or without charge.
4. Obligations of the User
User agrees, declares and undertakes following subjects while using the services of HILLS through website:
The information shared within the member form is correct and accepted that only one verified phone number shall be registered for each user that connected to the user account, however this number can be changed by verifying again,
HHILLS reserves right recourse to the user and to claim compensation for the damage suffered due to the fact that the information provided by the user while becoming a member is not correct and/or belongs to another and Yemeksepeti does not waives the exercise of this right if it does not use any of its rights in this regard,
In some cases contents might not be appropriate for people under 18 and HILLS shall not be held liable for the viewing of this content through unduly means,
HILLS shall not be liable for any information, messages or files which may be lost and/or received incomplete or delivered to the wrong address while using the services of HILLS,
Not to access the services provided by HILLS in a way other than and/or unauthorized manner, and not to change the software in any way, not to use the ones that are known to have been changed, and to cover all material and moral damages that HILLS may incur in cases where they do not comply with the aforementioned rules,
In accordance with the Regulation on the Procedures and Principles Regarding the Sales and Presentation of Tobacco Products and Alcoholic Beverages and the relevant legislation, selling of tobacco products and alcoholic beverages over HILLS is strictly forbidden and the user shall not procure tobacco products and alcoholic beverages via HILLS and make any such request to member merchants and that any activities to the contrary may result in the cancellation of membership and termination of the this Agreement and in this case and in this case agrees to pay for any damages that HILLS might suffer,
HILLS shall not be liable for damages which may arise due to usage, sharing or publishing of user shares by the unauthorized third persons,
User shall not harass or threaten other users,
Users shall not act in any way that will adversely affect the usage of HILLS system by other users,
Users shall not publish, copy or distribute immoral, inappropriate or illegal material or information or material or information that may cause defamation, humiliate people or institutions
Users shall not make advertisement, sell or make offer for the sale of any goods or services, carry out survey, contest or chain mailing activities
Users shall not engage in activities (spam, viruses, Trojans, etc.) that prevent or impede others from using the Services, not send information or programs that may harm information or software in other users computers
Any record or material received through using HILLS services is solely within the user’s consent and users bear the sole responsibility for breakdowns, loss of information and other losses that may occur in their own computers and users shall not claim damages from HILLS for any damages that may arise from using HILLS system,
Users shall not use HILLS services for commercial or advertorial purposes without obtaining consent from HILLS,
User accepts that; HILLS reserves the right to suspend users membership or remove user from its system permanently in cases where any violation of the Terms, applicable laws or good faith/moral rules by user is determined,
HILLS may use its own system for commercial purposes,
Users shall not transfer information whose transferring is forbidden by law and shall not share data such as chain mail, software virus, etc. for which no authorization of transmission exists,
Users shall not record, publish, abuse personal information of others
When the payment is not made via Online Payment Method, the user is obliged to make the payment for the amount of the services of which user has been previously informed of, at the time of delivery through the chosen payment method, and if otherwise, the delivery may not be completed,
For orders to be delivered by HILLS, the service fee set for the delivery of the order may be paid by the user,
The service fee may vary,
Cookies are used in HILLS and cookies are pieces of information transferred by the website to the cookie file in the hard disk of user’s computer and they enable users to surf through HILLS and help to provide content matching the needs of the user’s accessing the website, when necessary.
5. Authorities Granted to HILLS
HILLS may temporarily suspend or completely stop the operation of the system at any time.
HILLS holds the rights to change the content of the site at any time, modify, terminate any service provided to users, or delete user information and data stored in the system of the user upon request.
HILLS may temporarily suspend, restrict or completely stop the additional features it offers for online payment options of a relevant user via Online Payment Method for the user transactions that raise security concerns. Yemeksepeti shall not have any liability against its users or third parties due to temporary suspension or completely stopping of the system or use of the Online Payment Method.
Email address and password shall be viewed and approved upon completion of the application spaces provided by HILLS. HILLS may exclusively and for an indefinite period, prevent users, who have completely filled in the user registration form or the users who have logged in to the system, to have a new password or to use their existing passwords.
Products on HILLS Website are limited to menus at the time of order.
Display of the products on HILLS does not imply that the products are in stock. HILLS are responsible for changing the information with respect to the price and features of the products offered for sale on the website.
In case of an incorrect price and product feature information, HILLS may inform the users and deliver the product accordingly or cancel the order.
HILLS will exercise due care for the provision of fair and honest explanations regarding the contents of the products offered for sale on the website.
HILLS may switch services that require no user membership to services that require membership, open additional services, partially or completely change some of its services or turn them into paid services. In this case, the user has the right to terminate the Agreement and to resign from membership.
HILLS can make changes in the performance of the hereby Agreement, can change some of its clauses or add new clauses for future technical necessities and compliance with the legislation.
You can request to terminate your HILLS membership at any time. In this case, you can do this yourself according to the suitability of the system or you can send your request to [email protected]. Also HILLS reserves the right to suspend user’s membership or restrict or remove the user from HILLS permanently in cases where any violation of the Terms, applicable laws or good faith/moral rules by the user is determined.
If the user sends an extra request to HILLS regarding the order, HILLS will make reasonable efforts (in cases under the responsibility of HILLS) to fulfil your request. However, HILLS holds the right not to fulfil the request if the request is measured, fulfillable and does not comply with HILLS procedures. In these cases, HILLS will not be responsible for the cancellation/change of the order.
HILLS will be able to request a photograph showing the complaint regarding the order subject to the complaint, in the complaints submitted by the users.
HILLS may provide gift coupons for its users to be used in HILLS orders. And also HILLS holds the right to offer discounts and promotions. Coupons may be subject to validity periods and terms of use. HILLS holds the right to invalidate, terminate and change the conditions of the use of any coupon without prior notice. The scope of member merchants where coupons can be used can be determined by HILLS.
6. Intended Use
The user accepts that all orders placed and shopping made from HILLS system is for personal use and are not intended for resale.
7. Payment
The user can make the payment for the orders he/she placed from the HILLS in the method the user chose while ordering, from the options provided by the relevant member merchant at the time of delivery. The user can also make instant online payment via using Online Payment Method through his/her bank card, credit card, or a similar payment tool or from other payment systems, various payment functions.
If the card is used unlawfully by someone other than the holder in payments completed form the Online Payment Method, action will be taken pursuant to provisions of the Law on Bank Cards and Credit Cards dated 23.02.2006 and numbered 5464 and the Regulation on Bank Cards and Credit Cards published in Official Gazette dated 10.03.2007 and numbered 26458.
Users shall be deemed to have performed their obligation to make the payment by making the payment to HILLS where the Online Payment Method is the chosen payment method.
For the orders delivered to them by HILLS, the users shall be deemed to have performed their obligation to make the Payment against HILLS and the member merchant , by making the Payment with any Payment method, including but not limited to Online Payment Method, Payment with credit/debit card on delivery, cash payment on delivery.
HILLS reserves the right to offer additional payment methods and/or remove existing payment methods at any time at its sole discretion.
If you choose to pay using an online payment method, the payment shall be processed by our third party payment service provider. With your consent, your credit card information will be stored with our third party payment service provider for future orders.
8. Product Delivery
If the user is not present at the address (including incorrect address information provided by the user) selected by him/her on the HILLS system during the product delivery process of the member merchants, the delivery shall certainly not be delivered to any other address. Within this framework, the user is obliged to accept its legal liabilities which may arise due to making an order to an address where he/she is not present.
9. Refund
For payments conducted through Online Payment Method, refund of the payment to the user will only be made in the following cases.
10. Intellectual Property Rights
All rights in relation to HILLS, intellectual property rights, HILLS trademarks, HILLS trade images or any and all elements of the HILLS shall belong to HILLS exclusively.
Users may not use, copy, distribute, create derivative works of, re-publish HILLS services and HILLS’s IP rights for any purpose, and it may not engage in or prepare any work derived from such work.
Users shall not use a username, picture or a nickname and shall not send a message or a comment of such that is threatening, unethical, racist, against the laws of the Republic of Turkey and international agreements, containing political messages or violating the intellectual or industrial property rights of third persons.
User holds liability for any personal idea, thought, expression, documents added to HILLS, personal information shared with HILLS and HILLS shall not be held liable for any dispute including but not limited to those arising between the member merchants and the user, and HILLS has full discretion to publish or not to publish any such opinions and thoughts and holds the right to edit and correct spelling errors of such opinions and comments through its moderators.
Product images in HILLS systems are only for explanatory purposes and may differ from the real ones.
11. Retention of Information and the Burden of Proof
Users accept that user information (e.g. user order information, user’s comments etc.) kept in HILLS’s databases and servers within the limits set out under relevant legislation. This information shall constitute evidence for any and all disputes which may arise in connection with the Terms, and that this clause herein constitutes an evidence agreement.
12. Applicable Law and Competent Courts and Execution Offices
The Terms herein are governed by and shall be construed in accordance with the laws of the Republic of Turkey.
13. Force Majeure
Parties shall not be held liable for late or incomplete performance of any of its obligations under the Terms or for its failure to comply with any of its obligations herein in case of any events which may objectively prevent or delay its compliance with its obligations including but not limited to adverse weather conditions preventing transportation, transportation disruptions, infrastructure and internet malfunctions, fire, earthquake, flood and other natural disasters as well as extraordinary events including epidemics, turmoil, widespread violent acts, strikes or regulations by official authorities. In this case the Parties, suspend performing their obligations.
14. Effective Date
This Agreement shall enter into force as of the user’s registration date and the user accepts that it will be bound by the Terms until the user’s membership continues.
15. Termination
The Parties may terminate this Agreement whenever they may wish. In case of termination of the Agreement, the Parties shall mutually perform the rights and obligations arising up to the date of termination.
