Terms of Use

1 INTRODUCTION

1.1 Who we are. Yooar Mobile Applications Incorporated company, located at Bebek Mahallesi, Küçük Bebek Caddesi No: 83, Besiktas/Istanbul, Turkey (“Rooners”), operates a platform of interactive mobile applications (“platform”) that brings together people who are fond of sports, jogging and health, or who want to be fond of and who make connections,  and gamifying the process. 

1.2 Registration. To be able to use the full range of Rooners Products, you have to register for once (see Section 4 below). 


1.3 Our goal. The goal of Rooners is to make running and working out fun, to gamify and to make people work out with the whole world.

1.4 Disclaimer. Your health is very important to us. ALWAYS consult with your doctor about all of your sport activities.  Rooners assumes the fact that it is used while health conditions of all users are appropriate for sports. Whether or not Rooners is offered by their partners or users, the contents of Rooners Products are not intended to replace or add to the information provided by doctors or pharmacies. By acknowledging these Terms and Conditions, you confirm that you are solely responsible for your health.

2. VALIDITY OF TERMS AND CONDITIONS

2.1 Validity. Rooners offers Rooners Products based on these Terms and Conditions. The User approves the validity of these Terms and Conditions and any contracts referred to therein (i) by using Rooners Products provided they are submitted without registration, or (ii) by opening an account if they are required to open an account. These Terms and Conditions will be valid from November 26, 2018 until they are revoked.


2.2 Prerequisite. It will not be possible to record or use the full range of Rooners Products without the approval of these Terms and Conditions.


2.3 Scope. These Terms and Conditions apply to all sub domains and access points of Rooners Products, including domains and mobile applications. In particular Rooners online offers will be accessible via rooners.co.

3. SUBJECT OF THE CONTRACTCurrently, Rooners offers the following features and information to its users in various languages:

3.1 Platform:3.1.1 Personal profile page including personal information;


3.1.2 Sports diary with a clear summary of running activities;


3.1.3 Statistics, analysis and comparisons of your running challenges;

3.1.4 The map that users run on and tracked by GPS

3.1.5 Group creation and group challenges


3.1.6 Activities section; Activities offered by 3rd party brands or by Rooners.


3.1.7 Messaging between users

3.1.8Discover section; part of discovering runners registered to rooners all over the world.

3.1.9 Status messages;


3.1.10 Challenge sharing and other 3rd party sharing options

3.2 Applications:

3.2.1 Apps available on Apple smartphones worldwide for Apple iPhones, Android phones and other smartphones.

3.2.2 The user agrees with the hereby agreement that the mobile carrier will apply some fees as a result of the transmission of the data from the smartphone to the Platform and that these charges must be borne by the user.


3.2.3 Mobile applications are only available to smartphone users. Only basic functions of mobile applications are offered free of charge.


3.2.4 Additional terms and conditions apply to mobile phone providers.

4. REGISTRATION

4.1 Free Membership. Rooners Products require one-time free membership. Free Membership (basic) provides users only basic options and features. Rooners offers users two different sign-up ways:


4.1.1 Through the registration form presented on the Platform;

4.1.1.1 For the purpose of registering, the user shall provide the information requested in the registration form such as name, surname, date of birth as complete and correct, if such information is marked optional. Registration is possible only with the user’s real name; the use of imaginary names or aliases is not possible or


4.1.2 By acquiring the registration information of the user from Facebook social network: For registration via Facebook Connect, the user has to approve Rooners’ adoption of the information previously provided by Facebook. The user can then add or remove this information to the corresponding user’s profile on the Platform.

4.2 Premium Membership.
4.2.1 For Premium Members, the Rooners Premium Service (Premium Membership) is offered with all of its options and features in exchange for a specific price.

4.2.2 For Premium Membership, the Special Premium Terms and Conditions set forth in Article 6 apply. Except as otherwise provided in the Terms and Conditions or in Article 6, all other provisions of these Terms and Conditions apply to the Premium Members.


4.2.3 By registering as a Premium Member, you declare that you are over 16 years of age and that you have a legal authorization to become a party to the contract under applicable law. These Premium Terms are not binding for Rooners if the above statement is not correct.

4.3 Minors. Only those who have legal entitlement to be a party to their name will be allowed to register with Rooners.

4.4 Results of Registration

4.4.1 By registering, the User acknowledges that he / she acknowledges and accepts the content of these Terms and Conditions and that all registration data is accurate, correct, current and complete and will keep all registration information up-to-date.

4.4.2 Each user will only register once for Rooners, and by signing up, he / she agrees that he / she has not previously registered to Rooners and has not deleted a previously activated user account.


4.4.3 Upon successful completion of the registration process (then the Registered User),  he / she will be able to sign in to the Platform by (i) entering the email address and password he has selected or (ii) via Facebook Connect.


4.5 Rooners’ Rights

4.5.1 Rooners reserves the right to refuse users without specifying a reason. In this case, any information transmitted will be deleted immediately.

4.5.2 In the event if you provide incorrect, outdated or incomplete information, or if Rooners has reasonable grounds to suspect that the relevant information is incorrect, inconsistent, not current or incomplete; Rooners reserves the right to suspend or terminate your account immediately and without prior notice, and to refuse any and all existing and future uses of the Premium Services (or any part thereof), in which case the Registered User shall not be entitled to any refund of any prepayment.


4.5.3 Rooners reserves the right to contact you in any case to verify your registration data.


4.6 User ID. Rooners is not responsible for the actual identity of the user, as personal authentication over the Internet is only possible to a limited extent. Each user will be responsible for verifying that user’s identity before interacting in any way with any other user, for example by adding friends or writing messages.

4.7 Storing Messages. In case of public security issues and in accordance with the legislation on behalf of the public officials to provide information to the messages are stored on servers hosted by Rooners. Rooners does not track users’ conversations and does not process this data.

5. GENERAL TERMS AND CONDITIONS FOR ALL USERS

5.1 Protection against fraud.


5.1.1 You must protect your account from unauthorized and fraudulent use. If your account is used for unauthorized or fraudulent use or if you suspect that your account is at risk, please inform us immediately via info@rooners.co.


5.1.2 Rooners will not refund any costs you paid to Rooners before you report any unauthorized or fraudulent use of your account.

5.1.3 Rooners reserves the right to close or cancel the account of any Registered User in the event of unauthorized use or fraudulent use of the Account.

5.2 Promotions and Free Offers. Rooners may offer promotions or free offers that may be subject to additional terms and limitations. These promotions and offers are not transferable between users.


6. SPECIAL TERMS AND CONDITIONS FOR PREMIUM MEMBERS

6.1 Subscription Requirements. To use the Rooners Premium Service for Premium Members; (i) You must be a Registered User and (ii) pay the applicable price, any applicable VAT and any other fees and charges associated with the Premium Services, by credit card or other payment methods offered by the application stores, through the App Store.


6.2 Subscription Types and Charges. Rooners offers different Subscription times to choose the one that best suits your needs. You can find different subscription types and valid rates in the App Store. All prices can be changed at any time according to the will of Rooners. Any price changes will be announced on the Platform or in App Store.

6.3 Payment.


6.3.1 Payment for each subscription period is made in advance. This means you can choose the subscription period that best suits your needs to access the Premium Services. Once you have subscribed and paid the Subscription charge, your chosen validity period will be associated with your account.


6.3.2 With regard to Premium Membership, Rooners can send invoices or payment reminders to the user via e-mail.


6.4 Automatic Renewal. When your subscription period expires, the standard subscription fee valid at the time of your subscription will automatically be charged from your credit card; in this case, special offer prices will not apply and your subscription will be renewed for the same period if you do not cancel your subscription until your current Subscription ends. Standard subscription fee is shown on Platform and Application Stores.


6.5 Cancel. You can cancel your Rooners Premium Service subscription for Premium Members at any time by launching a revocation via the Platform or the App Store. Rooners will not refund the prepaid charges unless otherwise stated in Article 8.


6.6 Expiration. If a user fails to unsubscribe, each Subscription period, subject to clause 6.4, ends only when the agreed time expires, regardless of whether the user actually uses the Rooners Premium Service for Premium Members. The length of each user subscription period can be checked from their user account information.


6.7 Communication. Please contact info@rooners.co to report any breach of the Premium Terms in this Article 6 or ask any questions.


6.8 Validity of Other Rules. Except as otherwise provided in the Terms and Conditions or in Article 6, all other provisions of the hereby General Terms and Conditions apply to the Premium Members.


7. TERMINATION

7.1 General. Each user has the right to terminate the use of Rooners products and termination of all data at any time. In order to do this, it is sufficient to send e-mail to  info@rooners.co  with the subject “cancellation of membership”.


7.2 Rooners’ Right to Terminate. Rooners also reserves the right to terminate the membership of a user for significant reasons, such as severe breaches, as set forth in these Terms and Conditions and additional contracts.


8. SPECIAL CANCELLATION RIGHTS FOR CONSUMERS


8.1 Application of Consumer Laws. As a Registered User, the cancellation policy in the App store is strictly valid.


8.2 Right of Withdrawal. You may cancel the contract between Rooners and you in writing, for example, by letter or e-mail within 14 days of the date of contract. To cancel the contract, you can send your notice to:


Bebek Mah.
Küçük Bebek Caddesi. No: 83 Besiktas / Istanbul Turkey E-mail: info@rooners.co


8.3 Cancellation Results. In the event of a cancellation, all benefits received by one party on the other must be returned and any economic benefits obtained must be reimbursed. If you are unable to fully or partially return the services provided to Rooners, you will be liable to pay back the lost value to Rooners. This means that you may have to fulfill your payment obligations until the date of cancellation. The obligation to refund the costs must be fulfilled within 30 days. For you, this period begins when we send you a notice of termination, and for us, the date we receive your notification of termination.


Cancellation Form. According to the hereby article 9, You may use your cancellation right via the following cancellation form:


(If you wish to cancel the contract, please fill out the form below and submit it.)


Bebek Mah.
Küçük Bebek Caddesi. No: 83 Besiktas / Istanbul Turkey to address; Email: info@rooners.co


I / We (*) hereby declare that we have withdrawn (*) from my/our contract  (*) related to the sale of the following goods (*) / the following services (*),


Date of issue (*) / date of receipt (*),


The name of the consumer(s),


The address of the consumer(s)


The e-mail address of the consumer (s) used to log into Rooners Products,


Signature of the consumer(s) (only if this form is declared in writing),


Date

————–

(*) Delete parts not required


9. USER OBLIGATIONS AND ACTIONS


9.1 User Obligations. Each user of Rooners Products is obliged to:


9.1.1 presenting the registration information correctly, keeping it current and complete and not disclosing this information to third parties;


9.1.2 to record, publish, transmit and distribute content, such as photographs, pictures, text, representations or videos in cases that (I) the user has the exclusive right to use the relevant content, or (ii)  in cases Rooners is assured to such effect that user has all the rights, permissions, licenses and so on, if the user has the permission to transfer it. This also applies to content that is subject to intellectual property rights, such as trade names and trademarks. The user shall be solely responsible for such content.


9.1.3 not to record, publish, transmit or disseminate any content which is racist, offensive, discriminatory, stigmatizing, sexual, praising violence or otherwise illegal;


9.1.4 not to send chain mails or messages to multiple recipients at a time;


9.1.5 • No destructive interference to the Rooners network, including Rooners’ Products, through the use of technical and electronic supports, such as computer piracy attempts, brute-force attacks, insertion of viruses / worms / trojans, and other destructive attempts on Rooners’s software or hardware;


9.1.6 not  to copy, distribute, transmit or collect accessible information using technical supports, such as search robots or bots, without the consent of the respective owner;


9.1.7 To immediately notify info@rooners.co by e-mail in case any breach of the above-mentioned obligations has been detected;


9.1.8 to give due diligence to personal information and to allow only those close to the user to access their information;


9.1.9 save important personal information externally, for example to an external storage medium, hard disk or cloud. Rooners shall not be liable for the loss or damage of any information.

10. BREACH OF USER OBLIGATIONS

10.1 Sanctions. To ensure that Rooners Products are delivered properly and reliably, Rooners imposes the following sanctions in case of breach of a user’s obligations:
 warning;
Deletion of content;
temporarily disabling the user account and
 canceling (final disabling).


The sanction type will depend on the purpose, effect and type of the breach, taking into account the interests of Rooners and the user.


10.2 Cancellation. If a user account is revoked in accordance with this Article 12, the related user will not be allowed to re-register.


11. CONTENT


11.1 General. In accordance with written law and these Terms and Conditions, Rooners allows Registered Users to use the offered Rooners Products portfolio to upload, save, publish, distribute, communicate and share content intended for other users.


11.2 Tracking. The user agrees that he/she may be exposed to some customized offers and/or marketing messages as a result of automatic evaluation of the way the platform is used. See our Privacy Policy regarding tracking for marketing purposes.


11.3 Description. Rooners shall be entitled to record the content or to disclose the content to third parties for the following purposes:
11.3.1 to comply with written law, court orders or administrative orders;
11.3.2 to ensure compliance with hereby Terms and Conditions;
11.3.3 to respond to alleged infringement claims of third parties or
11.3.4 To protect the rights, property or personal safety of Rooners, its users and the general public.


11.4 Using Content. The user grants Rooners a free, non-exclusive and unlimited right to use all content produced, transmitted, recorded and published by the user. In this respect, Rooners shall have the right to use all content as part of the Platform and as part of any other activity of Rooners or any other company associated with Rooners, regardless of type of use. This includes the right to modify and edit related content, provided that such modification or change does not damage the actual interests of the user. In connection with this, the user waives all intellectual property rights to the extent permitted by law. However, as far as practicable, if Rooners uses a user-generated content other than Rooners Products, Rooners will indicate that the relevant content has been generated by the user.


11.5 Ownership. Rooners does not claim ownership of any content created by users and will not control them.


11.6 Delete. Rooners reserves the right to delete content, such as runs, routes, photos, messages, events, and comments generated by users, without any reason. In this case the user shall be notified and may be punished in accordance with Article 12 if she/he violates hereby Terms and Conditions.


11.7 Erroneous Content. Rooners will not be responsible for any errors or details of errors in the content generated by users.


12. PRIVACY POLICY
Please review the Privacy Policy which is an integral part of this Agreement.

13. DECLARATIONS AND COMMITMENTS
 13.1 Limitation. Rooners does not declare and promise:


13.1.1 That Rooners Products will always be ready for use or that they and their hardware and software are free from errors and


13.1.2 that the transmission of data through other systems, in particular via the Internet and telecommunications networks, is not followed, recorded or diverted by third parties.


13.2 Personal Risk. The user uses Rooners Products at his own risk. This applies to, but is not limited to:

13.2.1 (i) the use of any equipment, including but not limited to: chest bands and (ii) smartphone accessories;

13.2.2user to download the content and third party content and


13.2.3 the user to use the data in any way, including but not limited to, created or made available in Rooners. The user acknowledges that any such data or content may contain errors, and Rooners assumes no liability for the accuracy of such data to the fullest extent permitted by law.

13.3 Medical advice. No software or hardware used by Rooners shall replace the consultancy of a qualified physician for users. On the contrary, Rooners Apps recommend that you pass a doctor’s check before using it.

13.4 External Content. In addition, Rooners makes no representations or warranties with regard to external links, banners, or other information and marketing offerings available to the user. Any contract between the user and a third-party provider, for example through linked web sites or banners, will only result in a contractual relationship between the user and the third-party provider. Rooners makes no representations or warranties with respect to the products or services of third-party providers.


14 LIMITATION OF LIABILITY
14.1 General. Rooners shall be liable for damages only incurs   due to deliberate or gross negligence by Rooners as provided by applicable law, without prejudice to the legal basis of the liability (pre-contractual, contractual or tort). In the event of minor negligence, Rooners will not be liable to other businesses and will only be liable for personal damages to consumers. Rooners shall not be liable for incidental and moral damages, loss of profits or damages arising from the claims of third parties.


14.2 Contents. Rooners or any of its affiliates shall not be liable for any damages resulting from the use of the online platform or the use of content made available by Rooners Products in other ways, unless otherwise required in written law. This also applies to damage from errors, problems, viruses and data loss.


14.3 Downloading. Rooners accepts no liability whatsoever for the downloaded material or for the material obtained as a result of using Rooners Products. It is the sole responsibility of the Registered User himself for any loss caused by such materials to the computer or smartphone system of the registered user or to the information lost due to downloading of materials from any of the Rooners Products.


14.4 Contradictions. The Registered User is solely responsible for all cases arising out of or in connection with conflicts with other users. The Registered User acknowledges and agrees that Rooners shall not be liable in any way for any other user’s actions and negligence, including damages resulting from such action or negligence.

15 BY USERS 
 15.1 Compensation. The user will release Rooners from claims of third parties in connection with the content uploaded by the user in connection with any of the Rooners Products or in connection with any other use of the applications offered by Rooners to the user. The user shall bear the cost of any legal proceedings and Rooners may participate in the relevant claims, including all court fees and attorney’s fees, to the extent permitted by law, in the absence of a user’s fault in the event of a violation.

15.2 Support. In the event that a claim is made by a third party, the user shall promptly and completely provide Rooners with all available information which may be required for verification of and for defense against the relevant claim. No additional claims that Rooners may have the right to direct against the user will be affected by this.


16 MODIFICATION OF TERMS AND CONDITIONS
 16.1 General. Rooners reserves the right to modify these Terms and Conditions from time to time for a variety of reasons including, but not limited to, commercial reasons, compliance with applicable laws or regulations, or customer service reasons. At any time, the current version of these Terms and Conditions may be viewed on the Platform.

16.2 Modifications. In the event that the Company does not receive your specific approval for any changes to Rooners Products, the Company will notify you of any changes by email at the address specified at the time of registration at least four weeks before the date of entry into force (Modification Information). You will have a four-week period to appeal by the date on which you received the Modification Information.


The Modification Information (i) shall cover the current Terms and Conditions, (ii) the date of entry into force of the modifications, (iii) the four-week period of appeal, and (iv) the results of the non-objection.


You will be deemed to have accepted the updated Terms and Conditions unless you object to themodifications.

If you object to the modifications, the Company has the right to terminate the user agreement and delete the user account if it is not possible or reasonable for the Company to continue the contractual relationship when your interests are taken into account under the current terms and conditions.

16.3 Written format. Subject to Articles 17.1 to 17.2, any modifications to these Terms and Conditions shall be made in writing. There are no additional verbal arrangements.

17 COMPETITIONS

17.1 Competition Details and Participation

Rooners occasionally organizes competitions that offer users a set of gifts in exchange for a charge or free of charge, online or offline and to be distributed on the main page of the relevant competition.

17.2 Competition details can always be stopped or changed according to the company’s situation and decisions.

17.3 Winning and Competition Terms

For each competition, the announcement of the winners shall be made from the activity page section according to the specified calendar. 

Only one account can participate in the competitions and the gifts of the winners with more than one account will not be sent.

The way in which the winner is determined and the odds of winning are clearly stated in the detail section of each competition.

The winners will be sent the information on how they will receive the prizes  via their registered e-mail address at Rooners.

Each competition may be open to participation from different countries. If the competition is international, users in all countries may be involved and win prizes. 

17.4 The prize shall not be sent even if the prize is awarded in the following cases:

If the winning member has given the wrong membership information (name, surname, age, address) or the cannot be reached via the e-mail address and the telephone number specified by her/him.

If the user wins by a method other than specified in the rules. (Account stealing, bug, or abuse)

If the gift is sent back by the cargo because the user cannot be found at the address or the gift is not received.

Taxes and specified payments are not made on time.

If the winner’s account is banned because of an act contrary to the Terms of Use, or closed by the winner.

If the winner did not express his intention to receive the prize or refused to accept the prize.

17.5 Prizes and delivery information

In some cases, prizes may be replaced by different products of the same price. (In cases that the product is not available, etc.)

For some prizes, the product may be replaced if the prize is expired or deleted and it is not possible to return it or if it is necessary to change the specifications.

The Company does not send or receive the prize in cases where the winner is prevented from receiving or using the award by the state or by law.

Prizes are not transferable, cannot be exchanged with similar products or paid in cash.

Please provide the correct and explicit address in the event forms you are requested to provide an address.

Delivery time may be extended or delayed due to internal or external reasons. Please contact us for more information via info@rooners.co

17.6 Protection of personal information

Personal information for the delivery of the product may be shared with third parties.

Some personal information (Account, User Name, or Character Name, etc.) can be shared on the home page or in official channels to announce the winners.

17.7 The Law of Sweepstakes

In Article 2, line C of the legislation of National Lottery Administration of the Republic of Turkey, on lottery and sweepstakes that are not in cash;

there is the clause, “The prizes given in the competitions are not subjected to any permission, as stated in the arrangements

 to give bonuses to all those who carry out the pre-determined and declared conditions without raffle.”


18 OTHER
 18.1 Severability clause. In the event that the independent provisions of these Terms and Conditions are invalid or become invalid, all other terms and conditions shall remain in full force and effect.

18.2 Applicable Law and Jurisdiction.
18.2.1 The present Terms and Conditions and all contractual relationships between users and Rooners and lawsuits shall be subject to the law the Republic of Turkey.


18.2.2 place of delivery and place of exclusive jurisdiction is Istanbul, Turkey.