Kullanım Koşulları
innclude Bilet Dağıtım ve Bilişim Teknolojileri A.Ş.
MERSİS: 0478121800000001 · Tax no: 4781218000 (Göztepe V.D.)
Fenerbahçe Mah. İğrip Sok. No: 13/1, 34726 Kadıköy / İstanbul · info@innclude.com
Article 1. Introduction, Scope and Formation of the Agreement
1.1. These Terms of Use (also referred to as the User Agreement within the application) set out the terms of use for the services provided by innclude Bilet Dağıtım ve Bilişim Teknolojileri A.Ş. ("innclude"). The services cover the innclude.com website, the innclude mobile applications, the notification services provided through those applications, and all functions offered through innclude's official digital channels, and are referred to in this text as the "Services".
1.2. innclude is a digital platform that enables users to see the events in their city, to obtain a ticket or admission registration, to create their own events and to make plans together with the people around them.
1.3. By creating an account, obtaining a ticket or admission registration through the Services, or otherwise using the Services, the User declares that they have read, understood and accepted this Agreement. A person who does not accept the terms should not use the Services and, if they have an account, should close it.
1.4. This Agreement forms a whole together with the Community Guidelines, the Privacy Policy, the Personal Data Protection Notice, the Cookie Policy and, for ticket purchases, the Preliminary Information Form and the Distance Sales Agreement. All of these texts are accessible from within the application and at innclude.com.
1.5. Where there is a conflict between a provision of this Agreement and one of the annexed texts, the Preliminary Information Form and the Distance Sales Agreement apply to matters relating to the ticket purchase transaction, and the Personal Data Protection Notice applies to matters relating to personal data.
Article 2. The Parties, Corporate Information and Notices
2.1. This Agreement is concluded between, on the one side, the service provider innclude Bilet Dağıtım ve Bilişim Teknolojileri A.Ş., and on the other side the natural person who uses the Services for individual and personal purposes (the "User").
| Company name | innclude Bilet Dağıtım ve Bilişim Teknolojileri A.Ş. |
|---|---|
| MERSİS number | 0478121800000001 |
| Tax office and number | Göztepe Vergi Dairesi, 4781218000 |
| Address | Fenerbahçe Mah. İğrip Sok. No: 13/1, 34726 Kadıköy / İstanbul |
| info@innclude.com | |
| Data controller | innclude Bilet Dağıtım ve Bilişim Teknolojileri A.Ş. |
2.2. innclude makes the notices it is to give to the User by means of in-app notification, SMS to the registered telephone number and a message to the registered e-mail address. The address at which the User may reach innclude is info@innclude.com.
2.3. The User is obliged to keep their registered contact details up to date. Notices sent to details that are not up to date are deemed valid.
2.4. innclude may transfer its rights and obligations arising from this Agreement to a third party as a result of a merger, division, assignment or similar transaction. In the event of such a transfer, the User is informed in advance and may exercise the right to close their account. The User may not transfer their account or the rights arising from this Agreement.
Article 3. Account, Registration and Identity Verification
3.1. Individual user registration is carried out through the innclude mobile application. A telephone number is requested during registration and the number is verified by SMS. Each account is assigned a unique innclude identifier used solely for technical identification purposes. This identifier is not shown to the User and may not be transferred.
3.2. Usernames are unique. The User is responsible for the accuracy and currency of the information on their profile.
3.3. The account is personal. Transferring, renting out, selling, opening an account on behalf of someone else, or using the account for commercial purposes is prohibited. Persons wishing to act on behalf of a brand, venue, agency or institution open a Business Account and become subject to the provisions of the Business Agreement.
3.4. The User is responsible for the security of the telephone number and the verification codes that give access to their account. In situations such as the telephone number passing to someone else, a change of line, or the device coming into the hands of third parties, the User is obliged to notify innclude of the situation without delay. Until such notice is given, the User is responsible for the transactions carried out through the account.
3.5. A change of telephone number is made using the number change function on the application or the website.
Article 4. Age Requirement and Account Eligibility
4.1. To open an account on innclude and use the Services, it is necessary to have completed eighteen years of age. By completing registration, the User declares that they meet this requirement.
4.2. Accounts found to belong to a person under eighteen are suspended or closed. The personal data belonging to such accounts is erased without delay, except where legislation requires otherwise.
4.3. Some events may have an age limit, and that limit is set by the event's organiser. The authority and responsibility to carry out age and identity checks at the event entrance belong to the event's organiser. Where entry is refused on grounds of the age limit, no refund obligation arises for innclude.
4.4. innclude does not verify age during registration. The requirement in 4.1 rests on the User's declaration. Where the declaration is untrue, 4.2 applies and innclude bears no responsibility for any loss arising on that account.
4.5. Where the User acts contrary to this Agreement or to the Community Guidelines, their account may be temporarily suspended or closed. In that case the User's accrued rights and rights of claim arising from legislation are reserved.
Article 5. Scope of the Services and Changes
5.1. innclude may add new functions, change existing functions or remove them in order to improve the Services, increase security and ensure compliance with legislation.
5.2. Changes that materially affect the User's rights or the scope of paid services, and the complete discontinuation of a service, are notified to the User before the effective date. Technical improvements and minor changes may not be announced in advance.
5.3. Planned maintenance work is carried out, as far as possible, at hours of low usage, and maintenance requiring a material interruption is announced in advance.
5.4. The User is obliged to back up the content they create.
Article 6. innclude's Legal Position
6.1. In ticket sales and admission registration transactions, innclude is an intermediary service provider. The natural or legal person organising the event (the "Organiser") is the owner of the event and the seller.
6.2. The holding of the event, its content, programme, duration, venue, security and quality, and the accuracy of the information given in its promotion, are the Organiser's responsibility. Where an event is cancelled or postponed, or its date or venue is changed, the obligation to refund and to make good belongs to the Organiser.
6.3. innclude collects payment on behalf of the Organiser and provides the digital infrastructure for issuing, delivering and verifying the ticket and for its use at entry.
6.4. In respect of content created by users, innclude is in the position of a hosting provider within the meaning of Law No. 5651. It is not obliged to review content before publication. When it is made aware of unlawful content, it removes the content from publication to the extent technically possible.
Article 7. The User's Obligations
7.1. General use
The User uses the Services only for personal purposes and in a manner consistent with this Agreement, the Community Guidelines and the legislation in force. The User is responsible for the events they create and for the images, text, locations, descriptions and comments they share.
7.2. Prohibited uses
- Using the account for commercial purposes, selling tickets through an individual account.
- Sharing content that is misleading, unlawful or contrary to the Community Guidelines.
- Presenting another person's identity, brand or institution as one's own.
- Interfering with the system by means of bots, automated software, data-scraping tools or proxy servers, altering the interface, or attempting unauthorised access to the database.
- Using innclude's name, logo or visual identity without innclude's written consent, or implying innclude's endorsement.
7.3. Accuracy of event content
innclude does not review or guarantee the accuracy of the information, images, addresses, locations and guest lists contained in events created by users.
7.4. Attendance and safety
The User is responsible for their own safety at the events they attend. innclude gives no undertaking as to the suitability of the event venue, the safety of participants or the quality of the organisation.
7.5. Device permissions
Some functions of the application require access to contacts, location, camera or photos. Granting these permissions is optional, and permissions can be withdrawn from the device settings. Not granting a permission results only in the relevant function being unavailable; the rest of the Services remain usable.
7.6. Other users' data
The User agrees that they will not record, reproduce or share with third parties the information belonging to other users that they access at events and in community areas. Breach of this obligation, in addition to being a breach of contract, also has consequences under the legislation on personal data.
7.7. Complaints
When the User comes across content contrary to the guidelines, they may use the reporting function in the application.
Article 8. Tickets, Admission Registration and Entry
8.1. The personal nature of the ticket
A ticket obtained through innclude and the QR code issued with it are personal. Other than through the functions innclude provides for that purpose, the ticket may not be transferred, sold or shared with third parties. Tickets obtained contrary to this rule are deemed invalid at entry and give rise to no right of refund.
8.2. Transfer and resale through innclude
innclude may offer functions that allow a ticket to be transferred to another user or resold. Where such functions are offered, transfer and resale take place only within the rules and pricing determined by innclude. The User accepts that transfers and sales made outside these rules are invalid.
As at the effective date of this Agreement, no function is offered for the transfer and resale of tickets. For that reason, on that date the rule in 8.1 applies without exception.
8.3. Free events and admission applications
Some events are attended by admission registration without buying a ticket. The Organiser may make admission applications subject to approval and may set a capacity. For applications subject to approval, the admission right arises upon approval of the application by the Organiser. Where the capacity is filled or the application is not approved, no responsibility arises for innclude.
8.4. Guest lists and invitation links
The Organiser may create a guest list and arrange for information and an entry code to be sent by SMS or e-mail to the people on the list. The Organiser is responsible for the content of these lists and for informing the people on them. innclude carries out the technical delivery in this process. Persons who find these messages unwelcome may contact info@innclude.com.
8.5. Seated events and the reservation period
At events with seat selection, the selected seats are reserved in the User's name for a limited period until payment is completed. When the period expires, the reservation lapses automatically and the seats are released for sale again. The reservation period is shown to the User on the selection screen. innclude cannot be held responsible for the loss of seats due to expiry of the reservation period.
8.6. Entry and QR verification
At the event entrance the QR code is scanned. The QR code is specific to the event and is valid only for the duration of that event. During verification, only the information as to whether the entry is valid is conveyed to the Organiser. Where the QR code is reproduced, shared or misused, entry is blocked and the account may be closed.
8.7. Complimentary tickets and the QR code on a document
The Organiser may issue a complimentary ticket and deliver that ticket as a document. The QR code on the document retains its validity at entry whether or not the ticket has been added to an innclude account. For that reason, whoever holds the document can make use of the entry, and the party who delivered the document is responsible for the consequences of the document being shared. The fact that the ticket has been added to an account does not prevent someone else from using the same document at entry.
8.8. Order limits
In order to prevent misuse, innclude may set a limit on the number of tickets a user may obtain for an event and may stop transactions that exceed that limit.
Article 9. Fees, Payment and Invoicing
9.1. The structure of the ticket price
The amount paid when buying a ticket consists of two components:
| Event fee | This is the amount belonging to the Organiser. innclude is in the position of an intermediary in collecting this amount. |
|---|---|
| Service fee | This is the consideration for the digital infrastructure provided by innclude and for the issuing and delivery of the ticket and entry verification services. |
No separate service fee is collected from the User; both items are met out of the single price determined by the Organiser. The fact that the service fee is not refunded in a refund made at the User's own request, and that the amount to be deducted is {{hizmet_bedeli.tutar}}, is shown in the Preliminary Information Form at the purchase step.
9.2. Payment methods
Payments are made by credit card, debit card, mobile payment, app store payment systems or through innclude's contracted payment institution. For payments made by card, 3D Secure verification is applied.
The card number, expiry date and security code are transmitted through innclude's servers to the authorised payment institution in order to collect the payment. innclude does not record or store this information.
Collection channel. The ticket price may be collected through innclude's own payment infrastructure or through the payment infrastructure, connected to innclude, of the Organiser holding the event. This choice does not change who is the seller, the issuing of the ticket, or the party to whom refund requests are addressed. Where collection is made through the Organiser's infrastructure, a merchant name other than innclude may appear on the User's card statement; in that case the User may contact info@innclude.com before initiating a chargeback.
9.3. Premium Membership and in-app purchases
innclude may offer certain functions for a fee under Premium Membership. Premium Membership becomes active at the moment the purchase is confirmed. If auto-renewal is on, it renews on the same terms at the end of the period and is charged to the registered payment method. Auto-renewal can be turned off from the App Store or Google Play account settings. Where cancellation is made during a period, the membership remains valid until the end of that period.
For purchases made through app stores, refunds are subject to the relevant store's own refund policy and the request is submitted through that store.
As at the effective date of this Agreement, Premium Membership and in-app purchases are not offered. The fact that this article is written does not place innclude under an obligation to offer these functions; when they are offered, the User is separately informed and their consent is obtained.
9.4. innPoint and the inncluder programme
innclude may award users points called innPoint in return for certain transactions and may run a participation programme called inncluder. The points:
- Are used only as a discount on purchases made on innclude.
- Cannot be converted into cash, transferred to another user or sold to third parties.
- Do not have the character of a means of payment or of electronic money.
Points tied to an event are credited to the account after the event has taken place. If the ticket is refunded or the event is cancelled, the points tied to that ticket are not credited, and if they have been credited they are reversed. The full price of a ticket cannot be paid with points. innclude may apply an upper limit to the discount that can be obtained with points on a single order and to the points earned from community behaviour. The limits in force are shown in the points guide within the application.
innclude may change the rules on earning and using points. Changes are announced before their effective date and do not retroactively affect points already earned.
As at the effective date of this Agreement, points can be accumulated but cannot be used as a discount on ticket payments. The inncluder programme is not running on that same date. The fact that this article is written does not place innclude under an obligation to offer these functions.
9.5. Invoicing
In ticket sales the seller is the Organiser. The obligation to issue the document relating to the event fee belongs to the Organiser, and the document is issued in one of two ways: the Organiser issues it themselves, or innclude issues it in the name and on behalf of the Organiser. Which way applies is shown to the User at the purchase step; in every case the Organiser appears as the seller on the document.
Where the Organiser is not registered for tax, no invoice is issued to the User. This is clearly notified to the User at the purchase step.
innclude issues an invoice to the Organiser for its own service fee and commission; these amounts are not collected separately from the User, and no invoice is issued to the User for these items.
The User is responsible for the accuracy of the invoice details. For purchases exceeding the amount set out in tax legislation, providing invoice details is mandatory. This amount is updated each year and is notified to the User at the payment step.
Article 10. Right of Withdrawal
10.1. Event tickets. In contracts relating to the use of leisure time for entertainment and recreation purposes that must be performed on a specific date or in a specific period, the consumer has no right of withdrawal. An event ticket falls within this scope. In buying a ticket, the User accepts this exception.
10.2. Digital content and Premium Membership. The right of withdrawal cannot be exercised for services performed instantaneously in an electronic environment and for intangible goods delivered instantaneously to the consumer. Premium Membership and in-app purchases fall within this scope.
10.3. The absence of a right of withdrawal does not eliminate the refund situations regulated in Article 11 of this Agreement or the consumer's rights arising from defective services.
Article 11. Cancellation, Refunds and the Service Fee
11.1. Where an event is cancelled or postponed, or its date or venue is changed, the obligation to refund and to make good belongs to the Organiser. The User submits such requests to the Organiser. innclude acts as a technical intermediary in implementing the refund decision determined by the Organiser.
11.2. Where the event is cancelled, the full amount paid is refunded to the User. This amount includes the innclude service fee.
11.3. Where the event is going to take place and a refund is made at the User's request and accepted by the Organiser, the event fee is refunded and the service fee is not refunded. The service fee is the consideration for issuing and delivering the ticket and for providing the entry infrastructure, and those services were performed at the moment of purchase. The amount to be deducted is {{hizmet_bedeli.tutar}} and is shown in the Preliminary Information Form at the purchase step.
11.3.a. Application per admission right. The service fee is applied separately for each admission right the ticket provides; for tickets that allow more than one person to enter, the fee is calculated according to the number of participants. For such tickets the refund is made for the whole ticket; a separate refund of a single admission right is not possible.
11.3.b. Refunds opened by the Organiser's own decision. If, while the event is still going to take place, the Organiser refunds a ticket by its own decision, the full amount paid by the User, including the service fee, is refunded. In that case the refunded service fee is collected from the Organiser.
11.3.c. The User's refund request is submitted up to the end time of the event. After that time, refund, re-delivery and entry operations close. Where the event is cancelled, 11.2 applies and this time limit does not apply.
11.4. innclude refunds its own service fee directly in the following cases:
- Duplicate collection due to a system or technical error.
- The service not being provided for technical reasons although payment was completed.
These requests are submitted to info@innclude.com and are concluded within ten business days at the latest following review.
11.5. Refunds are made through the channel on which the payment was made. No refund is made in cash or to another account. The time taken by the bank or the payment institution to credit the refund amount to the account is not within innclude's control.
Article 12. User Content, Licence and Moderation
12.1. Ownership of the content shared by the User remains with the User.
12.2. In respect of event content shared publicly, the User grants innclude a free of charge, non-exclusive licence to use, reproduce, adapt, distribute and transmit that content over digital media for the purposes of providing, promoting and announcing the Services. This licence is limited to the period during which the content remains published on innclude.
12.3. The content of private or invitation-only events is not used for promotional purposes.
12.4. Where the content contains the image, voice or personal data of third parties, the User is responsible for obtaining the necessary consents.
12.5. innclude may remove from publication, restrict the visibility of, or block access to content that is contrary to this Agreement, the Community Guidelines or legislation. The User may appeal against such action taken against them by writing to info@innclude.com. innclude assesses the appeal and notifies the outcome to the User.
12.6. Where content is removed, its visibility restricted or access to it blocked, the User is notified of the subject of the action, its basis and the route of appeal. In cases where there is suspicion of a criminal offence or where delay would be prejudicial, notice is given subsequently. Appeals are assessed in the order received and within a reasonable period.
12.7. The reporting and complaint routes within the Services are the following: reporting a person from the user profile, reporting an event from the event page, and blocking a user. Blocking has a mutual effect; the blocked person cannot see the User in search, in participant lists or at events, and the User does not see their content either. Removing the block does not restore the previous follow relationship.
Article 13. Events Created by Users Themselves
13.1. The User may create events through innclude that are open to everyone or open only to the people in their contacts or to the people they invite. These events are referred to in this article as the "User Event".
13.2. The organiser of a User Event is the user who created it. innclude is not the organiser, owner, partner, host or person responsible for these events. innclude provides only the digital intermediary that serves to create and announce the event and to track attendance.
13.3. In respect of User Events, innclude:
- Does not determine or approve the content, programme, venue or conditions of the event.
- Does not select or invite participants, verify their identities or carry out any investigation about them.
- Does not check the safety or suitability of the place where the event is held, or its legal permits.
- Does not provide supervision, control or security services during the event.
13.4. The decision to attend a User Event is the participant's own decision. For bodily injury, material loss, violation of personal rights, insult, harassment, theft, accidents and similar incidents arising during or because of the event, the persons who caused them and the user who organised the event are responsible. innclude cannot be held responsible for these incidents.
13.5. Whether the event is private, open to contacts or invitation-only does not change the allocation of responsibility in 13.2 and 13.4. Limited visibility does not mean that innclude has reviewed or approved the event. innclude does not use the content of events with limited visibility for promotional purposes and keeps access to these events limited to the inviting user and the participants.
13.6. The user who created the event is responsible for obtaining the permits required for the event, for the right to use the venue, for the age limit, for compliance with legislation on matters such as alcohol, and for the accuracy of the information given to participants.
13.7. The limits of responsibility in this article do not cover innclude's responsibility arising from its own intent or gross negligence, or the consumer's rights arising from the law.
13.8. User Events are free of charge. Tickets may not be sold from an individual account, and no amount may be collected through innclude in return for attendance. Events at which tickets will be sold are opened only through a Business account, and at those events the Business Agreement and the Commercial Terms annexed to it apply. Where the User collects an amount from participants for their event by a means other than innclude, that relationship is one to which innclude is not a party.
Article 14. The Event Area: Photos, Chat and Entry Records
14.1. innclude may offer functions such as photo sharing, chat and entry records tied to an event. Access to these areas is determined according to the visibility of the event and the attendance status.
14.1.a. This article applies when the functions in question are opened. As at the effective date of this Agreement, the event photo, event chat and entry record functions are not open to the User. The fact that a function is regulated in this Agreement does not mean that the function is offered and does not place innclude under an obligation to offer it.
14.2. The provisions of Article 12 apply in respect of content shared in these areas. When sharing photographs that contain the image of others, the User is obliged to obtain the consent of the persons concerned.
14.3. After the end time of the event has passed, the photos and chat content belonging to the event remain available for viewing. After that date no new photo can be uploaded and no new comment can be written. Likes can still be given.
14.4. innclude may remove or block access to the content in these areas within the framework regulated in 12.5.
Article 15. Notifications and Commercial Electronic Messages
15.1. innclude sends the User the notifications required for the provision of the Services. Delivery of tickets and entry codes, transaction confirmations, security alerts, changes to the time or place of an event, refund information and announcements of changes to the agreement fall within this scope. These notifications are part of the service and do not have the character of commercial electronic messages.
15.2. Commercial electronic messages such as campaigns, promotions and discounts are sent only with the User's prior consent. The consent record is kept together with the date on which the consent was obtained and the channel through which it was given. The User may withdraw this consent at any time, free of charge and without giving reasons; an opt-out request is processed within three business days at the latest. Withdrawal of consent does not stop the notifications in 15.1.
15.3. The User may manage their notification preferences from the notification settings within the application, from the opt-out link in each message, by writing to info@innclude.com, or through the Message Management System (İYS).
15.4. For messages sent by the Organiser holding the event on the basis of its own list, the party obliged to obtain and record consent and to process opt-out requests is the Organiser. innclude provides the technical delivery of these messages.
Article 16. Protection of Personal Data
16.1. innclude processes the User's personal data in accordance with Law No. 6698 on the Protection of Personal Data and the related legislation. The purposes for which the data is processed, to whom it is transferred, the legal grounds and the retention periods are explained in detail in the Personal Data Protection Notice.
16.2. The name, surname, contact and invoice details obtained in ticket and admission transactions are processed for the establishment and performance of the contract. This data is transferred to the relevant Organiser for the purposes of entry to the event and invoicing.
16.3. Access to contacts, location, camera and photos is provided with the User's permission. The scope of the permission granted may be narrowed or withdrawn at any time from the User's device settings. innclude does not share users' telephone numbers with third parties.
16.4. Transfers abroad. innclude may use servers and service providers located abroad for the provision of the service. In that case personal data is transferred in accordance with the conditions laid down in Article 9 of Law No. 6698. The transfer is based on one of the appropriate safeguards, such as the existence of an adequacy decision or the application of a standard contract or binding corporate rules between the parties. Where these safeguards are absent, the transfer is made only in the exceptional circumstances listed in the Law and to the extent necessary.
16.5. The User may contact info@innclude.com in order to exercise the rights listed in Article 11 of Law No. 6698. Applications are concluded within thirty days at the latest.
16.6. In respect of data belonging to third parties on guest lists, the data controller is the Organiser who created the list. innclude acts in the capacity of a data processor in the processes of delivering and verifying this data.
Article 17. Retention of Data and Evidence
17.1. innclude retains account information, transaction and payment records, system logs and event history for the purposes of performing the contract, resolving disputes and fulfilling legal obligations, for the periods prescribed by legislation.
17.2. When the retention period expires, the data is erased or anonymised.
17.3. innclude meets requests from competent courts, public prosecutors and public authorities that comply with legislation. In such cases only information limited to the scope of the request is shared.
17.4. The parties accept that innclude's system records, digital logs and electronic records may be used as evidence in disputes. This provision does not eliminate the User's right to prove the contrary.
Article 18. Third Party Services
18.1. innclude works with third party providers in the areas of payment, SMS, WhatsApp, e-mail, push notifications, cloud infrastructure, maps and place search, weather and error reporting. The list of providers, the countries in which they are located and the data they access are set out in Articles 7 and 8 of the Privacy Policy. When the User interacts with these services, they also become subject to the relevant provider's own terms.
18.2. Links belonging to third parties may appear within the Services. The relevant third party is responsible for the accuracy and security of that content. innclude does not use any advertising network; no third party advertising is shown within the Services.
18.3. innclude may change its providers for the sake of service continuity. As long as these changes do not affect the core function of the Services, they may not be separately announced.
Article 19. Intellectual Property and Use of the Trade Mark
19.1. The sign "innclude" and the innclude logo are registered trade marks. The rights in the trade mark, the logo, the software, the design, the database, the texts and the images belong to innclude and are protected under Law No. 5846 on Intellectual and Artistic Works and Industrial Property Law No. 6769.
19.1.a. The User may not register the innclude trade mark or a similar sign in their own name, may not register it as a domain name, application name or username, and may not use it in a way that creates the impression that there is a partnership, endorsement or representation relationship with innclude.
19.2. These assets may not be copied, reproduced, distributed, altered or used for commercial purposes without innclude's written permission.
19.3. The innclude trade mark and logo may be used only by Organisers who hold a business account registered with innclude, and only in a manner consistent with innclude's brand usage guidelines and written instructions.
19.4. The User is obliged not to infringe the intellectual property rights of third parties in the content they share. Rights holders may submit infringement claims to info@innclude.com.
Article 20. Scope and Limits of Liability
20.1. innclude takes reasonable technical and administrative measures for the security and continuity of the Services. It gives no undertaking that the Services will be uninterrupted and error-free.
20.2. innclude is not liable, to the extent it is not at fault, for access problems arising from technical failures, maintenance, network outages, problems originating with third party providers and similar causes.
20.3. innclude cannot be held liable for the acts of the Organiser, of other users or of third parties, for events not taking place, or for the accuracy of user content.
20.4. innclude's liability under this Agreement is in every case limited to the total amount the User paid for the transaction that is the subject of the loss. Indirect losses, loss of profit and loss of reputation are not within this scope.
20.5. The limitations in this article do not cover:
- innclude's liability arising from its intent or gross negligence,
- liability arising from death and bodily injury,
- the consumer's rights arising from the law.
These limitations do not eliminate the consumer's elective rights arising from Law No. 6502 or their claims relating to defective services.
Article 21. Force Majeure
21.1. Events outside the parties' control, such as natural disaster, epidemic, war, acts of terrorism, strikes, decisions of a public authority, and general outages in energy or communications infrastructure, are deemed force majeure.
21.2. For the duration of the force majeure event, the parties' obligations are suspended. If the situation lasts longer than thirty days, the parties may terminate the agreement. In that case the price of performances not rendered is refunded.
Article 22. Closure of the Account and Termination of the Agreement
22.1. The User may close their account at any time, without giving reasons. The closure is completed directly from Settings › Account in the mobile application. For requests made through the website, closure is initiated by submitting the request to info@innclude.com and is concluded within thirty days at the latest. In both routes the account is permanently deleted thirty days after the date of the request; if a login is made within that period, the account is restored.
22.1.a. If the User holds ownership or authority in a Business account, has a pending transfer request, or has a published event, the closure cannot be completed until these are concluded. The User is shown which obstacle exists.
22.2. When the account is closed, the User's access to the Services ends. Rights and obligations that arose before the closure date continue to exist. The status of tickets that have been purchased and not yet used is subject to the provisions of Article 11.
22.3. innclude may suspend the account or terminate the agreement in cases of breach of this Agreement, of the Community Guidelines or of legislation, and in cases of fraud, forgery, unauthorised access and acts that threaten system security.
22.4. Where possible, a decision to suspend or terminate is notified to the User together with its reasons. The User may appeal against the decision to info@innclude.com. In cases where there is suspicion of a criminal offence or where delay would be prejudicial, notice may be given subsequently.
22.5. After the account is closed, personal data may continue to be processed within the framework of the retention rules in Article 17 and is erased or anonymised at the end of the period.
Article 23. Changes to the Agreement
23.1. innclude may make changes to this Agreement because of changes in legislation and developments in the Services. The current text is published at innclude.com together with the version number and the effective date.
23.2. Material changes that have adverse consequences for the User are notified to the User at least thirty days before the effective date. Within that period the User may terminate the agreement by closing their account.
23.3. Mandatory changes arising from legislation and urgent changes made on security grounds may be applied without notice before the effective date. In such cases notice is given as soon as possible.
Article 24. Governing Law and Resolution of Disputes
24.1. Turkish law applies to this Agreement.
24.2. The parties will endeavour to resolve disputes primarily through discussion. The User may submit their requests and complaints to info@innclude.com.
24.3. A User who is in the position of a consumer may apply, according to the monetary thresholds, to the Consumer Arbitration Committee at their place of residence or at the place where the transaction took place, or to the Consumer Court. Consumer actions may also be brought before the court at the place where the consumer resides.
24.4. In disputes between innclude and persons who do not have consumer status, the Istanbul Anatolian Courts and Enforcement Offices have jurisdiction.
24.5. The mandatory provisions of the consumer legislation of the country in which the User is resident are reserved.
Article 25. Final Provisions
25.0. The fields marked in dark yellow in this Agreement are filled with the current value coming from innclude's systems at the moment the text is displayed. If the value of a field cannot be obtained, a statement is printed in place of that field to the effect that the value is shown at the purchase step; an old value is not shown.
25.1. The invalidity or unenforceability of one provision of this Agreement does not affect the validity of the other provisions.
25.2. innclude's failure to exercise a right arising from this Agreement does not mean that it has waived that right.
25.3. This Agreement enters into force when the User accesses the Services and remains in force until the account is closed. Provisions that by their nature must remain valid after termination (intellectual property, limits of liability, retention, resolution of disputes) continue to remain in force.
25.4. The Agreement has been drawn up in Turkish. Translations into other languages are for information purposes; in the event of a conflict, the Turkish text prevails.