PARTIES
This Membership and Terms of Use Agreement (“Agreement”) is entered into between BUGECE TURİZM VE ORGANİZASYON A.Ş. (“BUGECE”), whose central address is located at Etiler Mahallesi Yanarsu Sokak, No:44/4 Beşiktaş, İstanbul, and registered with Beşiktaş Tax Office under the Tax Identification Number 1880514862, the owner of the website with the domain name www.bugece.co (the “Site”), its mobile application, and all related applications (collectively referred to as the “Site”), and the Member, who has provided his/her identity information (name, surname, Turkish ID number) and contact details (address, email address, mobile phone number) before accepting this Agreement. By becoming a member of the Site, the Member acknowledges, declares, and undertakes that he/she has read the entire Agreement, fully understands it, and approves all its provisions.
SUBJECT OF THE AGREEMENT
This Agreement sets forth the terms and conditions regarding the online sale of tickets by BUGECE for any kind of event and/or organization on the Site or mobile applications, and determines the mutual rights and obligations of BUGECE and the Member concerning the Member’s membership to the Site. This Agreement applies to all transactions the Member makes on the Site, including all ticket purchases.
BUGECE’S RIGHTS
- BUGECE may monitor and record all of the Member’s activities on the Site for security reasons and may, if deemed necessary, remove the Member from the Site, freeze their membership, cancel their membership, or take similar measures.
- BUGECE may, without prior notice to the Member, partially or completely change the format and content of the Site, change the domain name of the Site, use different subdomains, redirect the domain, and/or close the domain.
- At any time and without cause or notice, BUGECE may change, partially or completely freeze, terminate, or completely cancel the services it provides on the Site.
- BUGECE may, at any time, make changes and/or updates to services, sales conditions, and/or operational processes to make the work and/or transactions set out in this Agreement more effective. The Members accept and declare in advance that they agree to these changes and will comply with them.
- This Agreement does not contain any undertaking by BUGECE regarding the number of tickets it will sell or similar matters. The Member cannot claim any rights or receivables under any name from BUGECE for these or other reasons.
- BUGECE has the right, at its sole discretion, to suspend, terminate, and/or cancel any membership. The Member acknowledges, declares, and undertakes that he/she shall have no right to object to this.
- BUGECE may, for lawful purposes including but not limited to creating user profiles, market research, and preparing sales and site usage statistics, collect the Member’s identity, address, contact, IP, and site usage information in a database and process such information without any restriction. Furthermore, BUGECE may share this information with third parties/institutions when required by law or upon the request of competent judicial or administrative authorities or to protect the rights and security of users.
- Links on the Site may provide access to other websites belonging to third parties that are completely independent of BUGECE and beyond BUGECE’s control. BUGECE does not guarantee the accuracy of the information on these linked sites. BUGECE assumes no responsibility for the services/products offered by or the content of those websites accessed via these links. Accessing such websites is solely at the Member’s own responsibility and beyond the permission of BUGECE.
MEMBER’S OBLIGATIONS
- Membership is completed by following the membership procedure on the Site and registering as specified. By becoming a member, the Member is deemed to have accepted all the provisions of this Agreement and all statements made or to be made by BUGECE regarding membership and services.
- The Member declares and undertakes that the identity, address, and/or contact information provided during membership registration is complete and accurate, and that if there is any change in such information, he/she shall promptly notify BUGECE in writing. The Member acknowledges that he/she alone shall be responsible for any legal disputes and/or damages that may arise from providing incomplete, outdated, and/or incorrect information, and BUGECE cannot be held liable for this in any way.
- When using the services on the Site, the Member shall act in compliance with the laws of the Republic of Turkey and general moral rules; shall not engage in insult, threat, slander, harassment, or similar actions; shall not carry out political and/or ideological propaganda; shall not disturb other Members; shall refrain from any behavior that may tarnish individuals or institutions; and shall avoid any act that may cause the services provided on the Site to be disrupted or discontinued. Otherwise, the Member shall be solely liable for any damages that may occur and agrees to indemnify such damages.
- The Member undertakes not to violate the intellectual property rights of third parties, to respect the copyrights of third parties, to refrain from unfair competition, and to respect the trade secrets and privacy of third parties.
- The Member shall use a password that is not easily guessable by others when using the Site, shall not share username, password, and similar information with others, and shall personally and solely be responsible for the security of such information. The Member agrees that BUGECE shall have no liability whatsoever in this regard.
- The Member shall not engage in fraudulent conduct or interfere with the Site’s security mechanism, and otherwise shall be liable for any damage that may arise and shall compensate all damages that BUGECE might incur.
- The Member shall only use his/her own membership account, shall not use the account information of other members, and shall not allow others to use his/her membership account. If this is determined by BUGECE, the Member’s membership may be canceled, his/her rights over purchased tickets may not be exercised, and the Member agrees to indemnify any and all damages incurred or to be incurred by BUGECE.
- The Member agrees and undertakes not to send or share harmful programs, software, code, and/or similar materials to the Site, or to engage in any action that may endanger the security of the Site and other Members.
- The Member may not transfer his/her membership account to third parties.
- The Member may not restrict or prevent others from using the Site, nor interfere with the operation of the Site or the servers or networks used to make the Site available.
- BUGECE is not responsible for any direct or indirect damages caused to the Member’s computer hardware by virus attacks and/or any information obtained from the Site, or for damages that may arise in relation to the Member’s access to and use of the Site.
- The Member agrees not to use any tools, software, and/or devices to interfere or attempt to interfere with the operation of the Site, not to connect to or carry out transactions on the Site without authorization, and not to access or use other internet users’ software or data without permission.
- The Member is obliged to comply with the rules of the events he/she participates in and must not violate public order. The Member acknowledges that he/she may be denied entry to the event area or be removed from the event area if he/she does not comply with event rules. In such cases, BUGECE shall not be obligated to refund the ticket or pay any compensation.
SALES CONDITIONS
- Under this Agreement, “Organizer” shall refer to the persons who organize and/or manage events. Organizers can be event venue operators, promoters, DJs, or natural or legal persons. All such entities are referred to hereunder as the “Organizer.”
- Except for the events it organizes itself, BUGECE has no authority to determine or change ticket prices or the seating arrangement; all these responsibilities and authorities belong solely to the Organizers.
- The Organizer determines the maximum number of tickets per person for the events. To ensure fair ticket purchasing, a limit on the number of tickets may be applied during ticket sales. In such a case, the maximum number of tickets purchasable during your transaction is clearly stated on the event page. BUGECE may, without prior notice, unilaterally cancel tickets purchased in excess of the stated limit.
- Ticket sales are final. Except in cases where the event is canceled, sold tickets cannot be returned, exchanged, or canceled, nor can a refund be requested.
- BUGECE may send e-mail newsletters, SMS notifications, and make sales calls to all members who have purchased tickets in order to promote BUGECE events, to announce new services or offers, or for advertising purposes.
- It is the Member’s responsibility to protect and keep the ticket safe from loss or theft. In case of loss or deletion of the ticket, a new copy can be requested through the “My Tickets” link on the Site.
- Ticket sales are final on the basis of a draw-like purchase; pursuant to Article 15 (g) of the Distance Sales Regulation, the Member has no right of withdrawal for the tickets purchased.
- BUGECE may deliver tickets in printed form, electronically through the user’s mobile phone, and/or by any other method chosen by the user, or may notify which delivery method will be accepted.
- Electronic tickets can be copied. Therefore, tickets for events sold by BUGECE should not be purchased from anyone other than BUGECE. Electronic tickets must be protected by the Member against copying, forwarding, duplication, or theft.
- Tickets purchased cannot be used for commercial purposes. Reselling tickets, offering them at a higher price, and/or selling them, or using them for promotional activities or for other commercial purposes is prohibited. If the Member is found to have violated this provision, the Organizer or BUGECE may cancel the ticket without granting any right to a refund or other claims, and BUGECE shall have the right to claim compensation for its damages.
- Organizers may cancel or change the dates of events for various reasons. The procedure in such cases is the responsibility of the Organizer, who will make the necessary announcements. If the event is canceled or postponed, the ticket price paid by the Member shall be refunded. BUGECE reserves the right to determine how the refund will be processed, and the chosen method will be clearly stated in the announcements. Regardless of the conditions, any refund shall be limited to the ticket price and service fee; items such as transaction fees are not refunded.
- Tickets may sell out, sales may be closed, or additional tickets may be made available for sale later. The Organizer is responsible for ticket sales, capacity arrangements, and similar matters; BUGECE bears no responsibility in this regard. Organizers may determine the rules for the event.
- Organizers may refuse to sell tickets for security reasons to those who are not Site members and whose personal information is not available.
- The Member shall pay for the tickets for the events through the Site. Once this payment process is successfully completed, the relevant amount will be transferred to the respective Organizer.
- The Member may reserve multiple tickets and pay the ticket fees separately with other users on his/her friends list through the BUGECE portals. In such a case, the tickets are only considered purchased after all individual payments have been successfully completed. The duration of reserved tickets and other details will be announced through the relevant portals of BUGECE. BUGECE reserves the right to unilaterally change these conditions.
- Ticket prices are determined by the Organizers and may include taxes and similar charges.
- Payments shall be made directly on the Site via credit card or debit card information recorded on the Site. The Member shall be responsible for the accuracy of the card information provided and declares and accepts that he/she authorizes BUGECE to collect the relevant amount via the chosen payment method.
- BUGECE shall not be liable for any damages suffered by the ticket holder in the event that entry is denied on the grounds that the ticket was previously used at the entrance to the venue. By purchasing a ticket, the user is deemed to have accepted this rule.
- The Member acknowledges, declares, and undertakes that the conditions for entering the venue for any events, including events for which the Member has purchased a ticket, are determined exclusively by the Venue, and that BUGECE assumes no liability if the Member is denied entry.
- Anyone causing inconvenience, acting unlawfully, and/or engaging in conduct that may constitute an offense during the event may be removed from the venue or denied entry by the venue officials, the Organizer, or a BUGECE representative.
- At the event entrance, proof of identity, a reference number, and/or a mobile phone number, or additional information may be required.
CONDITIONS FOR SITE USE
- Members have the authority to connect with other members on the Site, add them to their friends list, like or comment on their posts, etc.
- Members may gift tickets they have purchased to other members on their friends list via BUGECE portals. In such a case, the payment is made in the name of the purchasing member, whereas the usage right of the ticket is assigned to the member to whom it was gifted. Details of the ticket-gifting system will be published by BUGECE on the relevant portals. BUGECE reserves the right to change these rules unilaterally.
- BUGECE bears no responsibility for the content of any interactions that take place among Members.
- The Member declares and undertakes that he/she must comply with general moral norms and applicable legislation in his/her posts, shall not disturb other members or engage in threats or harassment, and shall not share hate speech or pornographic or violent content in any manner. Otherwise, the Member shall be solely liable for any consequences, and BUGECE reserves the right to terminate membership.
CONFIDENTIALITY OF PERSONAL DATA AND COMMERCIAL ELECTRONIC MESSAGES
- BUGECE is authorized to collect and store all kinds of personal data that identify the Member, such as the Member’s name-surname, address, telephone number, location and address data, and credit card information, and to carry out any other processing activities.
- BUGECE undertakes to keep personal information strictly private and confidential, to treat it as a confidentiality obligation, and to take the necessary measures to ensure and maintain confidentiality and to prevent any unauthorized use or disclosure of confidential information in whole or in part to the public. This obligation shall not apply if the Member makes his/her personal information publicly accessible on the Site for anyone to see.
- BUGECE shall not be held liable in the event that confidential information is damaged or obtained by third parties as a result of attacks on the Site and the system despite the necessary information security measures having been taken.
- The information gathered on BUGECE’s servers may be used within BUGECE for periodic campaign activities, the design of special promotional activities for customer profiles, “segmentation” efforts aimed at preventing unwanted emails, etc. Personal data may be collected and processed (including but not limited to automatic or non-automatic means of obtaining, recording, storing, retaining, modifying, rearranging, etc.) in whole or in part within BUGECE.
- Statistical data not containing personal information may be shared with BUGECE’s service providers.
- Member information may only be disclosed to the public authorities in the event of a proper request by the official authorities and if BUGECE is legally required to make such disclosure, in accordance with the mandatory provisions of the applicable legislation.
- The Member may at any time inquire whether his/her personal data have been processed, the purpose of such processing, the third parties to whom the data have been transferred, and request that incorrect data be corrected, deleted, anonymized, or destroyed, and, if processed unlawfully, request compensation for damages and obtain information on the matter.
- By accepting this Agreement, the Member confirms that he/she has read and understood BUGECE’s “Privacy Policy.”
- The Member also acknowledges and declares that BUGECE may send any commercial electronic messages containing data, audio, and visual information via telephone, call center, automated calling, email, or SMS for the purpose of promotions, discounts, gifts, competitions, or any kind of promotional games.
INTELLECTUAL PROPERTY RIGHTS
- The presentation and all content of the Site are protected under the laws of the Republic of Turkey and intellectual property legislation. All trademarks, logos, service marks, and any published information and/or data on this Site are owned by BUGECE or by parties that have licensed them to BUGECE. Without BUGECE’s written permission, the Member may not distribute, transmit, modify, copy, display, reproduce, publish, process, or otherwise use the Site’s content, directly or indirectly, in whole or in part, nor allow any third party to access or use the Services of the Site. Otherwise, the Member shall be liable to immediately indemnify all damages incurred by BUGECE, including any damages claimed by third parties such as the licensors of these intellectual property assets.
- All property rights, real and/or personal rights, commercial information, know-how, and intellectual and/or industrial property rights, including any intangible rights, related to the Site Services, Site information, works subject to the Site’s copyright, trademarks used on the Site, and the Site’s commercial appearance, are reserved for BUGECE.
- All rights to all texts, graphics, images, and/or pictures on the Site are reserved. They may not be used without permission.
- Any unauthorized use (processing, reproduction, distribution, display, public offering, etc.) of the Site’s content, design, or software, including but not limited to unauthorized disclosure and/or usage, shall be considered an infringement of intellectual and industrial property rights.
- Members accept and undertake to use the Site in accordance with the Turkish Code of Obligations, the Turkish Penal Code, the Law on Intellectual and Artistic Works, the Turkish Commercial Code, the Decree-Law on Trademarks, and all current and/or future legislation. Members shall be solely liable for any legal, administrative, criminal, and financial liability arising from any improper use, and BUGECE reserves its right of recourse.
LIABILITY
- The Member acknowledges that there may be deficiencies, communication problems, technical issues, infrastructure and/or internet outages, power failures, and/or problems of similar nature in the information and/or services provided on or published through the Site. In such cases, whether before, during, or after sales, BUGECE is authorized to stop, terminate, and/or cancel sales at its sole discretion, without any obligation to inform the Member or provide any justification. The Member cannot claim any rights or payments from BUGECE for these reasons.
- BUGECE does not guarantee that the service will be error-free or continuously available or that it will be free from viruses or other harmful elements.
- Except in cases of gross negligence or willful misconduct by BUGECE, BUGECE shall bear no liability for any direct or indirect damages to the Member.
CANCELLATION OF MEMBERSHIP AND TERMINATION OF THE AGREEMENT
- In the event that the Member acts partially or entirely in violation of any or all of the obligations arising from this Agreement, BUGECE may, at its sole discretion, immediately and without prior notice or justification, unilaterally terminate this Agreement, cancel the Member’s membership, and partially or completely freeze or cancel the services the Member has obtained, is obtaining, or will obtain from the Site. In such termination, the Member may not claim any rights and/or demands from BUGECE. BUGECE is entitled to claim indemnification for any and all damages it has incurred or may incur.
- BUGECE may, at any time, terminate this Agreement unilaterally without providing any reason or notice and cancel the Member’s membership, or partially or completely suspend or cancel the services the Member has obtained, is obtaining, or will obtain from the Site. In this case, the Member shall not, under any circumstances, claim any rights, receivables, loss of profit, damages, or compensation under any name from BUGECE by asserting reasons such as unjust, groundless, or untimely termination or breach of good faith.
TERM OF THE AGREEMENT
This Agreement becomes effective at the time it is accepted on the Site and remains in effect until BUGECE or the Member cancels the membership and/or BUGECE discontinues the services provided on the Site, at which point it terminates automatically without further notice.
MISCELLANEOUS PROVISIONS
- The Member consents to receive all notices regarding changes to the Agreement and services, sales matters, membership cancellation, termination of this Agreement, and other similar notifications at the email address provided during membership registration. The Member agrees and undertakes that such notifications shall be deemed delivered at the moment BUGECE sends them, regardless of whether they are actually received by the Member, and that the legal consequences of such notifications shall be effective as of that time. BUGECE bears no responsibility for late or non-delivery of the notification and any consequences thereof.
- If any provision of this Agreement is deemed invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect.
- The fact that BUGECE does not exercise or delays exercising any right or power under this Agreement shall not be deemed a waiver of such right or power, nor shall the partial or single exercise of any right or power preclude the future exercise of that or any other right or power, nor be construed as a waiver.
- The Istanbul Courts and Enforcement Offices shall have jurisdiction over any disputes arising out of or in connection with this Agreement.
- The Member declares that he/she has read and understood all the applications and rules set forth on the Site. The Member further declares that he/she has knowingly and willingly accepted any and all provisions in this Agreement, including those that may be contrary to his/her interests.
