Last Update Day: September 2, 2019
This Agreement is between Planet Caravan Organizasyon Anonim Şirketi (hereinafter referred to as “Planet Caravan” or “Us”) and the customer using our mobile application named “Pub Story” and benefiting from the services provided by Pub Story (hereinafter referred to as “Customer” or “You”).
The subject of this Agreement is to regulate the terms regarding our Pub Story application and your usage of this application, while at the same time determining the rights and obligations of the parties regarding the specifications detailed in article 3 of this Agreement and the sale and fulfilment of the services of which the sale price has been indicated, also present in the Pub Story application.
You may benefit from the Pub Story application in different ways. In general, our services are as follows but our services may vary within the limits of our creativity, provided that they don’t differ from their main elements. In the event that there are essential differences in our services, we shall notify you by updating this Agreement or with a new text.
1. Games: There are games we have created and that you can play with your own friends in the application. While some of these are free, some are subject to a fee. The payments are made through the App Store if you are using the iOS operating system, and through Play Store if you are using the Android operating system.
2. User Events: Our users are able to create events open to all Pub Story players. These are games played open to all players who are present in certain locations within Pub Story.
3. Special Events: Planet Caravan or the brands or organizers who are in co-operation with us may organize themed, original events. As the sale of these events are ticketed and takes place in ticket sale pages and are open to everyone.
For convenience, the above-mentioned services shall hereinafter be referred to as “Services”.
4.1 The execution of Service is realized by you downloading the Pub Story application and using any one of the Services through the application.
4.2 The approval of this Agreement by the Customer and, if applicable, the payment of the service price through one of the payment methods offered by Planet Caravan is required for the execution of the Agreement service. Some services cannot be used without payment.
4.3 All applications/games, paid or free, purchased or downloaded through the Pub Story application are defined indefinitely in your account.
4.4 The IP rights of all games and events created by Pub Story belong to Planet Caravan. Planet Caravan offers the aforementioned materials solely to be used in games and events. Therefore, our Customers cannot copy, reproduce, distribute, modify and use, show in public places and represent the game and event materials.
4.5 As the IP rights of the materials in the events prepared with Pub Story’s commercial partners belong to the aforementioned commercial partners, they may only be used without our commercial partners’ permission to use during the events, in the manner intended in the event.
4.6 The event content may vary during the event depending on Planet Caravan’s team dynamics or another reason. In such an event, the participant will not have right to a refund.
4.7 Planet Caravan reserves the right to change the date, time, place and content specified in the program of the event.
4.8 Planet Caravan cannot be held liable for the mishaps and problems arising from force majeure during the event. The term “force majeure” shall be interpreted as events beyond the reasonable control of the relevant party and that are unavoidable, inevitable despite the relevant party exercising due care, including, but not limited to natural disasters, riots, wars, terror, strikes, legislation amendments substantially affecting or preventing the event, seizures, communication problems, infrastructure and internet failures, power failures, financial crisis, and bad weather conditions.
4.9 As the events ending earlier or later than the specified time is at of Planet Caravan’s discretion, Customer does not have a right to claim and does not give Planet Caravan a right to request additional payment for events lasting longer than as planned.
4.10 In the event of verbal or physical bullying, provocation, insult, violence or any action or behaviour that may be subject to complaint occurring to the employees or other participants during the events or games take place, Planet Caravan reserves the right to suspend, close or deactivate the access of the user performing the aforementioned action, removing the participant or participants from the hall and terminating the event in terms of this participant or participant. In this case, the player may not request the refund of the price they have paid for Pub Story games, the participant or participants the price they have paid to participate in the aforementioned event.
4.11 Planet Caravan or our project partners organizing the event reserve the right to deny access to the event venue to anyone suspected of unlawful behaviour or who they think pose a threat to the event and the participants. In this case, the participant has the right to request the refund of the price they have paid.
4.12 The event ticket shall be sent to the Customer via e-mail by Planet Caravan and the Customer shall be responsible for following up. In the event that the e-mail sent by Planet Caravan does not reach the participant, Planet Caravan shall not accept any responsibility and the subject notification is deemed to have been made to the participant if the problem is arising from the participant,.
4.13 If the event does not reach sufficient participation, refunding the price or providing the opportunity to use this right for participation in another event is completely at Planet Caravan’s discretion.
4.14 Planet Caravan assumes no responsibility regarding the customers’ personal belongings at event venues.
4.15 Planet Caravan cannot be held liable in the event of the Pub Story application being terminated for any reason or if the application cannot be accessed. Ticket prices are refunded if ticketed events cannot be realized for the same reasons. Refunded transactions regarding payments received through the relevant operating system’s market through the application are subject to relevant market’s terms and conditions as set forth in Article 5.1 and may only be made by the relevant system provider as long as the refund conditions are met.
4.16 There may be specific conditions in addition to this Agreement regarding mutual events and promotions realized by Planet Caravan with its project partners and a separate agreement may be established within this scope. Under these circumstances, the aforementioned agreement shall be approved by the Customer before participating in the relevant event or campaign.
Article 5 – PAYMENT OF SERVICE PRICE
5.1. The payment for in-application games are made through Apple Store if you are using a device with iOS operating system, and through Play Store if you are using a device with Android operating system. For this reason, all procedures and principles regarding payments for the application are regulated by the agreement you have with the operating system provider. You shall need to make all your requests regarding payments to the relevant system provider. You may find the Play Store’s payment terms and conditions at the URL address https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=buyertos&ldr=tr and the Apple Store ’s at the URL address https://www.apple.com/legal/sales-support/ and https://www.apple.com/legal/internet-services/.
5.2. The payments for event tickets however are received through certified electronic payment establishments by redirecting you to the relevant web site following the request given over the Pub Story application. The payment transactions are handled by the relevant electronic payment establishment, without our involvement.
5.3 In the event that the payment is made with credit card or a similar payment card, to the extent of the bank or financial establishment not paying the product price to Planet Caravan because of the Buyer’s credit card being used by unauthorized persons, without their consent in an unfair or unlawful manner after the service has been received, Planet Caravan may abstain from executing the agreement service.
We emphasize that, as the offered games qualify as intangible good that are executed instantly in electronic environment and are instantly delivered and the events pertain to leisure times for the purpose of fun at a determined time or period, there is no right of withdrawal from this sale agreement in accordance with articles 15 (g) and (ğ) of the Regulation on Distance Contracts, that in principle the sales are final and returns are not possible.
All correspondence made under this Agreement shall be made through e-mail, apart from the obligatory circumstances prescribed by Law. The Customer accepts, declares and undertakes that the e-mail correspondence made with Planet Caravan shall constitute binding, conclusive and exclusive evidence in disputes that may arise out of this Agreement, that this article qualifies as evidential agreement.
This Agreement is signed in digital environment and may be amended by Planet Caravan at any time. In the event of the Agreement being amended or renewed, the Agreement is reapproved by the Customer through the application.
In accordance with the monetary limits determined by the Ministry, the Arbitration Board for Consumer Issues or the Consumer Court of the place of domicile of the Customer or Planet Caravan are authorized to handle the disputes arising out of this Agreement.
The Parties accept that the disputes arising out of this Agreement shall be resolved before İstanbul (Çağlayan) Courts and Execution Offices.
Planet Caravan Organizasyon Anonim Şirketi
This Agreement is established on the date it is approved in electronic environment.