Terms of Service

Terms of Service and Usage Agreement


This agreement was last updated on 14.10.2020.



www.Qrmenue.com is referred to below in short as "Qrmenue", "Qrmenue.com" and "our Company".
The terms Customer and User refer to any person or entity that purchases products/services through the Qrmenue and Qrmenue.com website.
All customers who reach the website www.Qrmenue.com ("Website") or its mobile applications, create an account, make purchases and otherwise derive a benefit are deemed to have read, understood and accepted the terms set out in the following main clauses and sub-clauses. Without accepting all of the terms set out below, it is not possible for a user to create an account or to purchase products/services. All users who create an account and purchase products/services may only proceed by accepting this agreement.


This agreement is presented for the customer's approval during membership registration and product/service purchase, and the customer is not permitted to proceed without accepting it. It is also permanently published at the bottom of the website. It is the customer's responsibility to review and read it.


This agreement imposes rights and obligations on the parties relating to the site that is the subject of the agreement, and by accepting this agreement the parties acknowledge and declare that they will fulfil the aforementioned rights and obligations completely, accurately, on time and within the terms required by this agreement.


RESPONSIBILITIES
1.1 The web software offered for sale on our website and all pages connected to it, the automation systems and the qrmenue packages belong to and are operated by Qrmenue.com. Qrmenue.com at all times reserves the right to make changes to prices, to the products and services offered, and to the agreements.


1.2 Qrmenue.com accepts and undertakes that the member will be able to benefit from the products that are the subject of the agreement, except in the case of technical faults.


1.3 The Customer accepts and undertakes that it will not carry out reverse engineering (Reverse Code Engineering) on Qrmenue products, nor engage in any other activity aimed at finding or obtaining their source code. Should such activity be detected, the Customer accepts and declares that all products purchased up to that point together with the customer account will be cancelled without question and that no refund whatsoever will be made.


1.4 Placing fake orders through the website for trial purposes is prohibited. If detected, the account will be cancelled and a new account may not be created using the same account information.


1.5 The Customer accepts and declares that, in addition to the web software purchased, it will separately pay the fee determined by Qrmenue.com for any modules, requests and customisations. The Customer may not make any claim of right in respect of additional modules, requests and customisations subsequently commissioned in the software. The Customer purchases only a right of use for the software, and likewise only a right of use for any additional modules and requests subsequently commissioned. Accordingly, the Customer has no right to demand that a similar version of the commissioned additional module, customisation or request not be added to another customer or site, or not be used in general sales (unless a separate agreement or arrangement exists).


INTELLECTUAL PROPERTY RIGHTS
2.1 All titles, trade names, trademarks, patents, logos, designs and products appearing on this Site, whether registered or unregistered, together with all related intellectual property rights, belong to the company that operates and owns the Site or to the relevant party indicated, and are protected under national and international law. Visiting this Site or making use of the services on this Site does not confer any right whatsoever in respect of the said intellectual property rights.


2.2 None of the products appearing on the Site may be reproduced, published, copied or transferred in any way. The Site, in whole or in part, may not be used on another website without permission.


2.3 The visual designs and source codes of all products detailed on the Site have been registered with the General Directorate of Copyrights of the Ministry of Culture and Tourism, and all rights are reserved. Sales are carried out only through our website, the websites of our authorised resellers, and our authorised business partners.


CONFIDENTIALITY OF INFORMATION
3.1 Qrmenue.com will not disclose to third parties any personal information submitted by users through the site. This personal information includes the user's full name, address, telephone number, mobile phone number, e-mail address and any other information used to identify the User, and will be referred to in short as "Confidential Information".


3.2 Confidential Information may only be disclosed where such information is duly requested by official authorities and disclosure to official authorities is required under the mandatory provisions of applicable legislation.


REGISTRATION AND SECURITY
4.1 The Customer must provide accurate, complete and up-to-date registration information. Failure to do so will be deemed a breach of this agreement and the customer account will be terminated without prior notice to the user.


4.2 The Customer is solely responsible for the security of passwords and accounts on the site and on third-party sites. Qrmenue.com cannot be held responsible for any resulting data loss, security breaches, or damage to hardware and devices.


CONTENT HOSTING (WEB HOSTING/SERVER SERVICES)
5.1 Content hosting, also known as web hosting/web server service, essentially consists of the CUSTOMER's websites and/or database being hosted on Qrmenue servers and published over the internet.


5.2 By using this Service, the CUSTOMER is deemed to have accepted the terms and conditions set out herein. Subject to the terms and conditions of this Agreement, Qrmenue will provide service with maximum continuity and functionality throughout the service period, using every reasonable resource available.


5.3 The CUSTOMER accepts that, in certain circumstances including but not limited to the following, the services may become inaccessible or inoperable:


-Force majeure events (natural disasters such as earthquakes, fires and floods, as well as other man-made disasters),
-Hardware failures,
-Periodic maintenance procedures or repairs occasionally undertaken by the data centre,
-Interruptions or failures that may occur in telecommunication or digital transmission lines, malicious network attacks, network congestion, or other faults and causes beyond Qrmenue's control or unforeseeable by Qrmenue, without limitation.


5.4 The CUSTOMER accepts that Qrmenue does not have one hundred percent control over, and does not guarantee, the continuity or uninterrupted operation of the web hosting/server service it provides.


5.5 Qrmenue will make the necessary effort to ensure the continuity of the Services provided to the CUSTOMER.


5.6 By purchasing the services that are the subject of this Agreement or by creating a customer account, the CUSTOMER accepts and undertakes that it will not act contrary to the laws of the Republic of Turkey, statutory decrees, regulations and by-laws, or general morality and decency, in its e-mail correspondence, web publications and all transactions relating to this subscription, and that it is entirely responsible for the content of its own or its customers' web pages, ftp and other Internet services.


5.7 The CUSTOMER accepts and undertakes that it will not publish or engage in any activity involving the prohibited materials listed below. Otherwise, the CUSTOMER agrees that the service received will be cancelled without question and that no refund of any kind will be made.


Prohibited materials;


Topsites
IRC scripts and bots
Proxy scripts/anonymisers
Pirated software/warez
Image hosting scripts (such as Photobucket or Tinypic)
AutoSurf/PTC/PTS/PPC sites
IP scanners
Bruteforce programs/scripts/applications
Mail bombers/spam scripts
Banner-ad services (commercial banner ad rotation)
Dump file/mirror scripts (such as rapidshare)
Commercial audio streaming (more than one or two streams)
Escrow accounts/bank bonds
Investment sites (FOREX, e-gold exchanges, Second Life/Linden exchange, Ponzi schemes, MLM/pyramid schemes)
Unlimited services provided may not be distributed to third parties, whether free of charge or for a fee
Sale of permit-restricted goods without prior proof that the required permit(s) exist
Market-making bank programs
Raffle/gambling sites
MUDs/RPGs/PBBGs
Sites/archives/programs focused on hacking
Sites promoting illegal activities
Forums or websites distributing or linking to warez/pirated/illegal content
Fraudulent sites (including those listed on aa419.org and escrow-fraud.com)
Mailer Pro
Any broadcast of live sporting events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc.)
Publication of content for which copyright fees have not been paid
IRCD (IRC servers)
IRC scripts/bots
Pirated software/warez
IP scanners
Bruteforce programs/scripts/applications
Mail bombers/spam scripts
Escrow accounts
Investment sites (FOREX, e-gold exchanges, Second Life/Linden exchange, Ponzi schemes, MLM/pyramid schemes)
Sale of permit-restricted goods without prior proof that the required permit(s) exist
Raffle/gambling sites
Sites/archives/programs focused on hacking
Sites promoting illegal activities
Forums or websites distributing or linking to warez/pirated/illegal content
Fraudulent sites (including those listed on aa419.org and escrow-fraud.com)
Mailer Pro
Any broadcast of live sporting events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc.)
Publication of content for which copyright fees have not been paid
5.8 Notwithstanding that it may not be specified in the clauses above, any activity contrary to applicable law or constituting a criminal offence is strictly prohibited. Otherwise, the CUSTOMER agrees that the service received will be cancelled without question and that no refund of any kind will be made.


5.9 If Qrmenue's services are used to carry out, or facilitate, conduct contrary to generally accepted public morals and customs, the CUSTOMER's service may be restricted or terminated as a result of such conduct or publications contrary to general morals and customs. The Customer is aware of this.


5.10 It is the CUSTOMER's responsibility to ensure that the scripts/programs installed on the Customer Account are secure and that access permissions to directories are properly configured.


5.11 Qrmenue services, including all related equipment, networks and network devices, are for authorised Customer use only. Qrmenue systems may be monitored for all lawful purposes, including ensuring that use is authorised, system management, facilitating protection against unauthorised access, and verifying security procedures, continuity and transaction security. During monitoring, information may be examined, recorded, copied and used within the scope of the permitted purposes. Use of Qrmenue system(s) constitutes consent to such monitoring for these purposes.


5.12 Any account that connects to a third party's network or system without that party's permission may be suspended. Written consent from the relevant third party is required for access to networks and systems that are not under the Customer's direct control. Qrmenue may, if it so wishes, request documentation proving that access to a third party's network or system is authorised, and may require that such documentation be provided.


5.13 Qrmenue makes every effort to regularly protect and back up all of the CUSTOMER's data, but nevertheless accepts no liability for errors that may occur in the data held. The CUSTOMER at all times bears the risk of loss or damage to the Website and to all files that make up the Website's content. The CUSTOMER is solely responsible for maintaining the confidentiality of its password and account information.


5.14 The CUSTOMER accepts that it is responsible for all acts, omissions and expenses relating to any website content accessed, linked, stored on the server or published using its Account or password, whether under its own account or otherwise connected to or displayed in relation to it.


5.15 THE CUSTOMER IS OBLIGED TO TAKE THE FOLLOWING PRECAUTIONS;


To obtain, request, store and keep independent archives and backup copies of websites and databases. Web hosting systems may, in certain unforeseen or unwanted circumstances, lose functionality, be damaged, or suffer data loss. Even though Qrmenue has taken robust and well-established backup measures, Qrmenue is not liable for any resulting loss or damage. The Customer accepts, undertakes and declares this.
To ensure the security, privacy and integrity of websites and to keep account information confidential.
To prevent any loss or damage to websites.
5.16 The CUSTOMER undertakes to pay the usage fees and related taxes relating to the web hosting services. Fees are collected in advance with the first order and, unless otherwise stated, are requested again at the end of each period.




OTHER TERMS AND CONDITIONS
6.1 The CUSTOMER accepts, undertakes and declares that it will not engage in any conduct that damages the commercial reputation, standing and prestige of Qrmenue, other customers, or any Qrmenue products, and that if such conduct is detected, the customer account and all connected products and services will be cancelled without question, no refund will be made, and it will compensate and indemnify Qrmenue and its customers for all resulting loss and damage.


6.2 The CUSTOMER accepts, undertakes and declares that it will indemnify Qrmenue for all loss and damage suffered as a result of any claim of right arising from the use of Qrmenue's services.


6.3 Regardless of who makes the request, Qrmenue reserves the right to refuse to provide service and, in the face of negative (mobbing) conduct displayed by the customer or conduct that adversely affects the work performance of Qrmenue's authorised staff and personnel, to cancel all of the Customer's products/services together with the customer account, by refunding the amount corresponding to the customer's remaining unused products/services. The CUSTOMER accepts and declares this.


6.4 Where the CUSTOMER chooses to pay by bank transfer, once the transfer has been made from an account opened in the name of the person or entity specified in the CUSTOMER's information to the Qrmenue bank account specified at the time of order, Qrmenue will activate the service and notify the CUSTOMER. All costs relating to payments belong to the CUSTOMER.


6.5 All periodic products and services will be suspended if payment has not been made by the service end date at the latest. Products and services for which payment is not made within three (3) days following such suspension will be permanently deleted from the system, and no liability whatsoever will be accepted. The CUSTOMER accepts and declares this.


TECHNICAL SUPPORT
7.1 Qrmenue accepts and declares that it will provide "free support" for a period of 1 month from the date the Customer purchases the product/service, in respect of errors and problems arising from the product/service itself. Problems arising from subsequent modifications made to the relevant product/service by the Customer fall outside this scope. In such cases, the solution consists of restoring the standard version of the relevant product as provided by Qrmenue and reinstalling it on the system. The Customer is aware of this and accepts and declares it accordingly.


7.2 In respect of the "Web Software" service, the Customer is responsible for obtaining and maintaining all hardware required for the product/service purchased from Qrmenue to operate without problems. These hardware requirements are disclosed to the Customer at a basic level before and during the purchase. Some products/services may require additional hardware and software features beyond the basic level. The Customer accepts and declares that in such cases it will also obtain any additional features specified by Qrmenue.


7.2 The Customer accepts and declares that, for all matters falling "outside the standard operation" of all products and services purchased, it will receive support services for a fee, and that Qrmenue, depending on its workload, may in some cases be unable to provide support services even for a fee.


7.3 The Customer accepts and declares that it will submit all support requests through the "technical support system" available on the Qrmenue.com website, and that support will not be provided through any other channel.


7.4 All support requests raised by the Customer will be answered by Qrmenue within 48 hours, depending on workload.


FORCE MAJEURE
8.1 The parties shall not be liable where obligations arising from the agreement cannot be performed by the parties due to causes beyond the parties' control, including natural disasters, fire, explosions, civil wars, wars, uprisings, public unrest, declaration of mobilisation, strikes, lockouts and epidemics, infrastructure and internet failures, and power outages (collectively referred to below as "Force Majeure"). During such period, the rights and obligations of the Parties arising from this Agreement shall be suspended.


INTEGRITY AND ENFORCEABILITY OF THE AGREEMENT
9.1 If any term of this agreement becomes invalid, in whole or in part, the remainder of the agreement shall continue in full force and effect.


AMENDMENTS TO THE AGREEMENT
10.1 Qrmenue.com may, at any time, partially or fully change the products and services offered on the site and the terms of this agreement. Changes will take effect from the date they are published on the site. It is the user's responsibility to follow and check such changes. By continuing to make use of the services offered, the user is deemed to have accepted these changes as well.


NOTICES
11.1 All notices to be sent to the parties in connection with this Agreement will be made via Qrmenue.com's known e-mail address and the e-mail address specified by the user in the membership form. The user accepts that the address specified during registration is a valid address for service of notices, that it will notify the other party in writing within 5 days of any change to that address, and that otherwise notices sent to that address shall be deemed validly served.


EVIDENCE AGREEMENT
12.1 In the event of any dispute arising between the parties in connection with the transactions relating to this agreement, the parties' books, records and documents, together with computer records and fax records, shall be accepted as evidence pursuant to Code of Civil Procedure No. 6100, and the user accepts that it will not object to such records.


RIGHT OF CANCELLATION/REFUND/WITHDRAWAL
13.1 Cancellation/Refund and Right of Withdrawal for Software Products;
Pursuant to consumer rights legislation and Article 15(ğ) of the Distance Contracts Regulation (see: http://www.resmigazete.gov.tr/eskiler/2014/11/20141127-6.htm), which covers "contracts for services performed immediately in an electronic environment or for intangible goods delivered immediately to the consumer", the Customer may not exercise a right of cancellation/refund or withdrawal once the purchase of the relevant software product has been completed. Cancellation/refund and withdrawal may only be carried out where there is an unresolved defect in the software. The absence of a feature/quality not present in the software, or the fact that customisations requiring expertise on the product cannot be carried out by persons who are not experts in the field, may not be presented as a problem or defect. Before making a purchase, the Customer is responsible for thoroughly reviewing whether the software is suitable for its purposes and for requesting information where necessary. The Customer accepts and undertakes this.


13.2 Change of Licence for Software Products;
Software products are licensed to the domain name declared by the customer personally at the time of purchase. Following the licensing process, the domain name may under no circumstances be changed thereafter. The Customer accepts and undertakes this in advance.


13.3 Transfer of Licence for Software Products;
The Customer may under no circumstances transfer or sell the software licence it holds to another party. The Customer accepts and undertakes this in advance.


13.4 Rented Software Products;
For software products rented on a monthly or longer periodic basis, no change of licence information or transfer of licence may be made. The Customer accepts and undertakes this.


13.5 Provided there is no problem or grievance attributable to our company in connection with the following products/services, the customer has no right to withdraw, cancel, exchange or request a refund.


All types of web server (physical server, virtual server) services.
Domain name registration services.
International SMS delivery services.
Turkey SMS delivery services. (SMS messages not delivered to the recipient are automatically refunded as credit.)
Other local and international product/service licences.
13.6 Where payment is made by credit card or a similar payment card, the consumer may request that the payment transaction be cancelled on the grounds that the card was used without their consent and unlawfully. In this case, the card issuer shall refund the payment amount to the consumer within 10 days of the objection being notified to it.


RESOLUTION OF DISPUTES
14.1 The Courthouses and Enforcement Offices of the location where our Company is currently based shall have jurisdiction to resolve any dispute arising from the implementation or interpretation of this Agreement.