1.1 This user agreement and other rules on the Website regulate the terms and conditions regarding the services offered by dukkan.work and the rules regarding the use of the Website. It is accepted that the User undertakes to comply with this Agreement from the moment the User approves this Agreement when creating a Service Request or Professional Profile on the Website or starts to benefit from the Website. Please do not use the Website and the services offered if the conditions are not suitable for you.
Article - 2 - Definitions
2.1. "User" means any person who uses the Website for any reason,
2.2. "Member" means the User who sets a username and password for himself/herself, subject to the condition of acceptance of this User Agreement by receiving e-mail and/or telephone registration,
2.3. "Service Recipient" means the natural or legal person who submits a Service Request to purchase any service offered by the Service Providers through dukkan.work,
2.4. "Service Provider" means the person, organization or legal entity that creates a Professional Prfile on dukkan.work to provide services and approves this User Agreement (if the Service Provider is a legal entity, this definition also includes the persons who carry out the services on behalf of the Service Provider and work under it),
2.5. "Service Request" means the service request created by the Service Recipient on dukkan.work in order to receive an Offer from one or more Service Providers,
2.6. "Offer" means the Service Provider's offer to provide the Services for a certain period of time and for a certain fee, which the Service Provider sends in response to the Service Request sent by the Service Recipient,
2.7. "Agreement" means this User Agreement,
2.8. "Online Payment System" means a payment method that supports online payment provided by credit card, debit card, banks under the terms and conditions set out in this Agreement by dukkan.work or payment institutions cooperated by dukkan.work or dukkan.work, of the fee for the service to be received by the Service Recipient through dukkan.work
2.9. "Regulation" means the Regulation on Service Providers and Intermediary Service Providers in
Article - 3 - Services Offered Through Dukkan.work Website
3.1. Dukkan.work ensures that the product or service request information of the Service Provider and Service Recipient is included on the Website in accordance with the content notified to it and within the framework of the provisions of this Agreement.
3.2. Dukkan.work is only a platform, not the owner or provider of the services on the Website. Acording to Article 6/4 of the Regulation, dukkan.work is an intermediary service provider and is not obliged to control the content provided by natural and legal persons using the electronic environment in which it provides services, and to investigate whether there is an illegal activity or situation related to the goods or services subject to this content.
ARTICLE - 4 - Membership
4.1. Membership to Dukkan.work is free of charge. Members can submit multiple Service Requests at the same time through a single member account. It is the member's own responsibility to determine and protect the password. The username and password must not be shared and must be carefully protected. The Member is directly responsible for any malicious use of his/her account by other persons through his/her own fault. Dukkan.work has the right to recourse to the Member in kind for any judicial/administrative fine and/or compensation that it will have to pay for this reason.
4.2. All kinds of information such as name, address, telephone, e-mail, tax office, etc. declared to the Website when creating a member account must be up-to-date, accurate and complete. Any damages incurred by Members or third parties due to incorrect or incomplete information shall be the responsibility of the relevant Member.
4.3. The usage rights, user name and password related to membership cannot be transferred to others.
4.4. If the Service Provider or Service Recipient has an amount to pay to dukkan.work, his/her account cannot be deleted without paying this amount.
ARTICLE -5- Creating a Request for the Service Provider
5.1. Any User who is over 18 years of age and mentally capable may create a Service Request by correctly and completely filling in the information requested in the registration form in accordance with the terms of this Agreement.
5.2. Users who accept this Agreement are deemed to have declared and accepted that they are over 18 years of age. They accept and declare that duk-kan.work cannot be held responsible for the situations that may arise from the contrary of this statement in the Service Request and that they are under their own responsibility.
5.3. In order to create a valid Service Request, the necessary information regarding the service (nature, characteristic, quality, dimensions, place of performance and delivery and duration of the work requested, etc.) must be provided in a complete, accurate and clear manner and its content must comply with the conditions specified in this Agreement.
5.4. All responsibility regarding the content of the Service Request belongs to the Service Recipient.
5.5. Request contents that do not comply with ethical and moral values should not be created, and requests with such content should not be offered. All responsibility arising from creating such requests or bidding on such requests belongs to the requesting Service Recipient and/or the offering Service Provider.
ARTICLE - 6 - Offer
6.1. The Service Recipient offers the advertisements on the dukkan.work platform created by the service provider at the price specified in the service offer.
6.2. The Agreement between the service recipient and the service provider means that the service will be realized at the price agreed in the offer.
6.3. The offers are valid and binding for the period specified by the service providers.
6.4. The hourly rate to be determined between the Service Recipient and the Service Provider shall not be less than the minimum gross hourly rate for that year in order to be fair. In the event that the agreed hourly rate is less than the hourly minimum gross wage determined for that year, dukkan.work has the right to cancel the work in question. In addition, if this situation is repeated, dukkan.work may delete the profile of the Service Provider, suspend his/her profile until the deficiency is corrected, prevent him/her from registering on the website again, and demand compensation from him/her.
ARTICLE - 7 - Creating a Professional Profile for Service Providers
7.1. Any User who is at least 18 years old and has the power of appeal can create a Professional Profile in accordance with the accepted terms and content and gain the title of service provider after filling in the information requested in the registration form correctly and completely and approving the terms of this User Agreement.
7.2. In order to create a Professional Profile, the information requested at the time of registration such as name, brand, title, contact information, tax office, tax number must be provided completely and clearly. Documents and references such as additional documents, driver's license, diploma, service authorization certificate, trade registry certificate, chamber registration that will prove that it has the necessary permission, license, license (if any) and qualifications, experience and ability to provide services related to the Occupational Profile must also be entered and the original or notarized copy of these documents must be submitted if requested by dukkan.work.
7.3. The freelancer who sells services through Dukkan.work must have the following information in full: (i) Name and surname. (ii) Province of residence. (iii) Headquarters address and confirmed telephone number.
7.4. The Professional Profiles, Service Requests and Offers and the information, documents and statements provided by the parties (a) shall not violate any intellectual property rights such as copyrights, patents, trademarks or other rights of any third party; (b) shall not violate any applicable law or secondary legislation; (c) shall not contain statements and promotional expressions that are contrary to public morality and public order, dishonest and untrue, deceptive, misleading or exploiting the lack of experience and knowledge of third parties, endangering the safety of life and property, impairing public health, exploiting patients, the elderly, children and the disabled; (d) shall not engage in unfair competition with other licensed, permitted or licensed persons and institutions by providing unlicensed, unpermitted or unlicensed services, (e) shall not use registered trademarks and/or trademark signs unfairly, even if unregistered, and not make unlawful statements as a dealer, distributor or authorized service of another company, (f) shall not be degrading, defamatory, threatening or harassing; (g) not be obscene or contain child pornography; and (h) shall not contain malicious software such as viruses, Trojan horses or computer programming applications that aim to damage or harm any system, data or personal information. Otherwise, dukkan.work shall not be liable and the said responsibility belongs to the Service Provider or the User. In the event that there is a violation of the legislation related to the application or profession, dukkan.work reserves the right to make changes to the Employer profile, delete the profile, suspend it until the deficiency is corrected, and prevent the Employer from re-registering on the Website of the Service Provider.
ARTICLE - 8 - Payment
8.1. In cases where the Online Payment System is intermediated by the payment institution cooperated by dukkan.work; the relationship between the payment institution and the Service Recipient and Service Provider is independent of dukkan.work and the fulfillment of the obligations stipulated by the relevant legislation and the responsibility belongs to the relevant payment institution.
8.2. The Employer is responsible for the incomplete or defective performance of the services paid by Dukkan.work with the Online Payment System to the relevant Service Recipient.
ARTICLE - 9 - Service Fee Refund & Withdrawal
9.1. In the Offer Model, the Service Recipient has the right to withdraw from the contract without justification and without penal clause if they cannot agree with the Service Provider, provided that the service has not been performed and the service has not been started. The Service Fee refund will be made by the Service Provider and cannot be requested from dukkan.work
9.2. In the Offer Model, dukkan.work does not accept any responsibility in disputes that may arise between the Service Provider and the Service Recipient regarding issues such as payment, service cancellation, discount, or refund.
9.3. For Services that have been paid for by payment means other than the Online Payment System option, the service fee refund is made directly by the Service Provider.
ARTICLE -10 - Obligations of Dukkan.work
10.1. In the Offer Model, dukkan.work has no responsibility in the offer, acceptance, acceptance, contract, and payment stages between the Service Recipient and the Service Provider.
10.2. All kinds of responsibility for the services to be received from the Service Providers through the Website belongs to the Service Providers. Dukkan.work has no responsibility.
10.3. Dukkan.work does not endorse or recommend the Service Provider or its services, nor does it guarantee its working performance or the result or quality of the services provided. Dukkan.work may make a ranking, rating and categorization among Service Providers through some algorithms within the system, such as Member voting and Member comments, and may highlight some Service Providers because they are highly liked, preferred/recommended, or satisfied by users. However, this does not constitute an endorsement or guarantee given by dukkan.work.
10.4. Dukkan.work is not responsible for the relationship between the Service Provider and the Service Recipient, and dukkan.work has no responsibility for any damages that the Service Provider may cause to the Service Recipient or third parties during the service to be provided by the Service Provider or at any time.
10.5. Dukkan.work reserves the right to impose sanctions on the Service Provider in different ways in case the Employers do not go to or start the work agreed to the Service Recipient for the performance of the service on the specified date and time. These sanctions may include making changes to the Service Provider profile, deleting the profile, suspending the profile until the deficiency is corrected and preventing the Service Provider from re-registering on the Website and claiming compensation.
10.6. Dukkan.work may temporarily suspend or completely stop the system's operation. Users do not pay any usage fee to dukkan.work in relation to the use of the Website, for this reason, they will not make any request to dukkan.work due to the stopping or suspension of the system.
10.7. Dukkan.work or the payment institution it cooperates with may temporarily suspend or completely stop the ability of the relevant users to make online payments by credit card due to the transactions of the Service Recipient and Service Provider that raise security suspicions. For this reason, duk-kan.work has no liability to its Users or third parties.
10.8. Comments/evaluations received from Users regarding the Service Provider are published in a way that all Users can see after the necessary approval, control and correction to be made by duk-kan.work. Dukkan.work has the authority to correct, sort or publish, or not publish such comments.
10.9. In order to protect the integrity of the Website, dukkan.work may, at any time, on its own initiative, prevent certain Users and Users at certain Internet Protocol addresses from accessing the Website.
10.10. The Service Provider and the Service Recipient are legally and criminally responsible for the content they have uploaded to the Website in accordance with Article 4 of Law No. 5651. The fact that the contents are published by dukkan.work does not remove the responsibility of the Service Provider and Service Recipient.
10.11. Dukkan.work may use SMS, e-mail or other technical means to verify the e-mail address, mobile phone number, and other information of the Users.
10.12. In the event that Dukkan.work determines that the members violate this Agreement or to the extent required by the situation, Dukkan.work may prohibit the use of the Website and access to Membership rights, suspend the Membership, temporarily stop the use without having to show any reason.
10.13. Dukkan.work is not responsible for any loss of data arising from the operation of the Website or the application of its terms and conditions.
10.14. Service Providers accept, declare and undertake that İngev Economic Enterprise, the founder of dukkan.work, will receive 1% commission from the service fee paid to them.
ARTICLE -11 - Rights and Obligations of Users
11.1. Users are fully responsible for the relations between each other.
11.2. While communicating with each other or dukkan.work employees, Users may not exhibit racist, hate speech against any group or person, violation of personal rights, defamatory, insulting, harassing or advocating harassment, praising illegal & terrorist activities, unfair competition, threatening, obscene, defamatory, sexual harassment and slanderous behavior, and may not use content in this direction. Failure to do so may result in termination of the User's rights and, if necessary, notification to the authorities.
11.3. If an investigation is initiated or a trial is held against both the Service Provider and the Service Recipients due to any criminal behavior before, during, and after the service, dukkan.work will share all information and documents in its possession with the relevant judicial authorities upon request.
11.4. Service Recipients or Service Providers cannot write favorable or unfavorable comments, write content in a way that creates unfair competition about someone else's work products, brand, trade name and services, in case they do not receive or provide services for themselves or someone else.
ARTICLE - 12 - Rights and Obligations of the Service Recipient
12.1. Any administrative, legal and criminal liability that may arise due to the Service Recipient's failure to comply with the terms of this Agreement belongs to the Service Recipient.
12.2. In the Offer Model, the Service Recipient may accept only one Offer for the Service Request. Acceptance of a Proposal shall constitute a legally binding agreement to pay the Service Provider if the Service is provided.
12.3. In the Offer Model, when the Service Recipient and the Service Provider agree on the Offer, the Service Recipient agrees to pay the Service Provider directly the amount specified in the Offer in exchange for the Service received.
12.4. The Service Recipient agrees that dukkan.work is not a party to the contract and has no responsibility in the contract with the Service Provider.
12.5. The Service Recipient must have taken all precautions regarding occupational safety and occupational health in the house, office, building, garden, warehouse, school, factory and all kinds of facilities where the service will be provided.
ARTICLE - 13 - Rights and Obligations of the Service Provider
13.1. Any administrative, legal and criminal liability that may arise due to the failure of the Service Provider to comply with the terms of this Agreement and the performance obligations undertaken against the Service Recipient belongs to the Employer.
13.2. In the Offer Model, the offer made by the Employer for the Service Request may be accepted by the Service Recipient. Acceptance of the offer means that a legal agreement has been made that the Service will be performed at the time and place agreed by the Service Provider.
13.3. Regarding a Service Request created through the Website of the Service Provider, without the knowledge of dukkan.work, the Service Provider shall not contact the Service Recipient separately in order to exclude dukkan.work, to agree on a lower price or not to pay a Commission Fee.
13.4. The Service Provider agrees that dukkan.work is in no way a party to the contract and has no responsibility in the contract with the Service Recipient.
13.5. Earnings declarations to be notified to the tax office where the Service Provider is registered are under its legal responsibility and obligation.
13.6. The Service Provider agrees that he/she will take all necessary measures regarding occupational safety and occupational health during or for the performance of the work, that it and its personnel have received the necessary training in this regard and that the responsibilities in this regard do not belong to dukkan.work.
ARTICLE - 14 - Copyright Policy
14.1. The visual and written content offered on the Website is for personal use. Dukkan.work is the owner or licensee of all materials, including all domain names, logos, logos, graphics, graphics, sounds, icons, designs, texts, images, Html codes, other codes, technical data presented in written, electronic, graphic or machine-readable form, applied sales system, business method, and business model, and all related intellectual and industrial property rights and are under legal protection. Unless otherwise stated, they may not be used for commercial or personal purposes without authorization or reference. Except for the User's own picture and portfolio, the User is prohibited from publishing any element of this site in any other media or website.
14.2. The software used in the design and database creation of these pages belongs to dukkan.work. It is strictly forbidden to copy or use such software and to reverse engineer the software and technologies used.
14.3. The copyrights of all comments and criticisms sent to dukkan.work belong to dukkan.work. Dukkan.work reserves the right to make various changes to the comments in question, to delete or completely remove the comments and may not publish some of the comments.
14.4. The Website may contain links or references to other websites not under the control of dukkan.work. Dukkan.work is not responsible for the content of these sites or other links they contain.
14.5. Dukkan.work reserves the right to remove any content that would be illegal or prohibited on the Website from the Website and to terminate the membership of such violators.
ARTICLE - 15 - Resolution of Disputes and Governing Court
15.1. This Agreement shall be governed by the laws of the Republic of Turkey.
15.2. The Parties shall endeavor to settle any disputes arising out of the application and interpretation of this Agreement by arbitration through the arbitrator of the Ingev Economic Enterprise as a priority. They agree and declare that Istanbul (Cağlayan) Courts and Execution Offices are exclusively authorized for the settlement of disputes that cannot be settled peacefully.
ARTICLE - 16 - Storage of Information
16.1. User information, offers, comments/evaluations, etc. registered in the dukkan.work system are stored for at least three (3) years.
16.2. The parties declare, accept and undertake that in case of disputes that may arise from this Agreement, the commercial books and records of dukkan.work and the data stored in dukkan.work systems shall be accepted as conclusive evidence in accordance with Article 193 of (Civil Code Procedure) No. 6100.
16.3. In any dispute, data such as video or audio recordings and data in electronic media and similar information carriers that are suitable to prove the facts subject to the dispute shall be considered as conclusive evidence in accordance with Article 199 of the CCP.
ARTICLE - 17 - Termination of the Agreement
17.1. If users act contrary to the provisions of this Agreement, users are responsible for any damages incurred by dukkan.work and 3rd parties. If dukkan.work determines that the Agreement has been violated, it may immediately terminate this Agreement unilaterally, suspend, temporarily limit or impose other sanctions without prejudice to the rights of a claim arising from this Agreement.
17.2. The Parties may terminate this Agreement at any time. At the time of termination of the Agreement, the receivable rights of the parties from each other are not affected.
ARTICLE - 18 - Force
This Agreement will remain in force as long as the Website continues to be used and no new
the agreement is offered to Users by dukkan.work