Terms of Use
1. Parties
a) Restaon® provides various services through the Restaon® website and Restaon® mobile application(s) ("Restaon Platforms/Systems") located at [insert your address here].
b) A person who creates an order request for goods or services by becoming a member of the Restaon® Platforms through the system ("User").
These Terms of Use apply to orders placed without membership to the extent applicable.
2. Subject and Services
The subject of these Terms of Use ("Agreement") is to determine the conditions for benefiting from the services to be provided to the user through the Restaon® Platforms, along with the rights and obligations of the Parties.
Restaon® offers users the ability to order products such as food, grocery items, etc., through the internet, mobile applications, smart TV systems, or applications developed on similar platforms.
Restaon® is a digital platform that acts as an intermediary between member businesses and users. It performs its role as an intermediary service provider by connecting users with products offered by member businesses. However, in some cases, Restaon® Platforms may also be providers of their own products and services.
3. User System
Membership in the Restaon® Platforms can be obtained by filling in the relevant information in the membership section and using social media networks or accounts such as Apple as provided in these Terms of Use. If any of these processes are not completed, the user rights and powers defined in this Agreement cannot be obtained. The user agrees and undertakes to comply with the provisions of this Agreement made with Restaon® during the membership period.
Users declare that they are over the age of 18; if they are under 18, they acknowledge and undertake that they will only use the Restaon® Platforms with the approval of their parents or legal guardians.
Each user needs an email address and a password of their choice to register on the Restaon® Platforms and access the system. The steps for logging in using social media accounts or other specified accounts should be followed.
The "password" is solely known to the relevant user. If the user forgets their password, a link will be sent to the user's registered email address to create a new password upon request through the system. The determination and protection of the password is entirely the user's responsibility, and Restaon® is not responsible for any problems or damages arising from the use of the password.
Restaon® assumes that the person who logs into the Restaon® Platforms using the registered email address and password is the user under this Agreement, and Restaon® has no obligation to investigate the source and authority of the logins made.
The user may express their preference to allow Restaon® to present e-service promotions, advertisements, campaigns, advantages, surveys, and other customer satisfaction applications during the membership stage on the site. Notifications regarding the order confirmation sent to the user are not considered commercial communications.
Restaon® shares the registered name, address, and phone number determined by the user solely with the member business delivering the order for the purpose of accurate delivery of the order.
Restaon® is not responsible for any problems or damages that may arise between the user and the member business due to the sharing of the registered name, address, and phone number with the member business delivering the order because of its role as an intermediary service provider.
Restaon® may prepare reports by anonymizing data without disclosing user membership information and may use such information or reports itself and share these reports and/or statistics with partners and third parties for a fee or free of charge.
4. User's Obligations
The user, while benefiting from the services through the Restaon® Platforms;
- Acknowledges that the information contained in the member form is correct and that only one verified phone number can be assigned to each user account created on Restaon®, but that this verified number can be changed by re-verification;
- Is personally responsible for any transactions made with the registered phone number;
- Acknowledges that Restaon® has the right to recover and demand compensation for any damages incurred due to incorrect or other persons’ information provided during membership, and that failure to use any of its rights in this regard cannot be interpreted as a waiver of this right;
- Acknowledges that some services may contain content suitable for individuals over 18 years old, and Restaon® will not be responsible for the improper display of such content;
- Acknowledges that Restaon® is not responsible for any information messages or files that may be lost, incorrectly delivered to another address, or missing during the use of Restaon® services;
- Will not access the services in any unauthorized manner or in any form other than that determined by Restaon® and will not modify the software in any way, and will compensate all material and moral damages that Restaon® may incur in such cases;
- Will not harass or threaten other users;
- Will not behave in a way that negatively affects other users' use of the Restaon® system;
- Will not publish, reproduce, or distribute material or information that could slander, defame, violate morality, be inappropriate, or illegal;
- Will not advertise, sell any goods or services, or make offers to sell, nor engage in surveys, contests, or chain letter activities;
- Affirms that any record obtained or materials obtained using Restaon® services are fully within the user's consent, and that the responsibility for any malfunctions, data loss, or other losses arising from their own computer is entirely theirs, and will not demand compensation for damages incurred from the use of Restaon® Platforms;
- Will not use Restaon® services for commercial or advertising purposes without permission from Restaon®;
- Acknowledges that if they act contrary to the rules and terms of this Agreement, Restaon® has the right to take necessary actions and remove the user from service and terminate their membership;
- Accepts that Restaon® can use its system for commercial purposes;
- Will not transmit information that is prohibited by law, or share data that is not authorized to be sent, such as chain mail or software viruses;
- Will not save, publish, or misuse personal information belonging to others;
- Acknowledges that if payment is not made through the Online Payment Method, they are obliged to pay the amount of service that was previously communicated to them at the time of delivery of the order, otherwise the product may not be delivered to them;
- Acknowledges that the service fee determined for the delivery of the order to be delivered by Restaon® may be covered by the user;
- Acknowledges that the service fee may vary;
- Acknowledges that their orders may be subject to additional terms and conditions determined by member businesses;
- Acknowledges that member businesses from which they can order may vary according to delivery areas;
- Acknowledges that prices listed on Restaon® may differ from those offered by member businesses in other places (other platforms, their menus, websites, etc.);
- Acknowledges that cookies are used on Restaon® Platforms, that cookies are pieces of information transferred to a user's computer's hard drive by a website, that these allow users to navigate Restaon®, and that they help prepare content suitable for users accessing the site when needed.
5. Powers Granted to Restaon®
Restaon® may suspend the operation of the system temporarily or completely at any time on the Restaon® Platforms.
Restaon® reserves the right to change the content of the Restaon® Platforms at any time, change or terminate any service provided to users, or delete the user information and data registered in the system upon user request.
Restaon® may temporarily suspend the ability of relevant users to make payments via the Online Payment Method due to user transactions that raise security concerns, restrict additional features offered for online payment, or completely stop them. Restaon® shall not be liable to its users or third parties for any suspension or complete stoppage of the system or Online Payment Method.
The password via email will be displayed and confirmed after filling in the application fields provided by Restaon®. Restaon® may indefinitely prevent members who have completed the user member form from having a new password or using their password.
Sales on the Restaon® Platforms are limited to the availability of member business menus at the time of order. Restaon® may not be able to deliver products that are not available at the relevant member business to the user. Restaon® is not responsible for the content provided by member businesses.
The display of products on the Restaon® system does not mean they are in stock. The responsibility to change price and product specifications of products available for sale on the Restaon® system lies with member businesses in the Restaon® system.
In the event of errors in price and product specification information, Restaon® may inform users and deliver the product in a manner that corrects this error or cancel the order.
Restaon® will take necessary care to make accurate and honest descriptions of the content of the products sold on the Restaon® Platforms, but is not responsible for any problems or damages arising from incomplete or incorrect descriptions made by member businesses regarding the order contents.
Restaon® may facilitate the user's transition to websites outside the Restaon® Platforms. In this case, the user acknowledges in advance that Restaon® is not responsible for the content of the sites they will transition to.
Restaon® may convert services that do not require user membership into services that require membership over time, may introduce additional services, may partially or completely change some of its services, or may turn them into paid services. In this case, the user reserves the right to terminate the Agreement and withdraw from membership.
Restaon® may make changes to the implementation of this Agreement, change existing articles, or add new articles for future technical necessities and compliance with legislation.
You may request to terminate your Restaon® membership at any time. In this case, you can delete your membership through the system according to the suitability of the system or send this request to info@restaon.com. Additionally, if it is determined that your account has been used by a third party, that your account has been misused, or that actions contrary to law, morality, and the terms of this Agreement have been detected, Restaon® reserves the right to close, suspend, or restrict your account.
If you submit an additional request regarding your order to Restaon®, it will make reasonable efforts to fulfill your request (in cases for which Restaon® is responsible). However, if your request is disproportionate, unfulfillable, or not in line with Restaon® procedures, Restaon® reserves the right not to fulfill your request. In such cases, Restaon® shall not be responsible for cancellations or exchanges of your order.
As an intermediary service provider in the services it provides, Restaon® is entirely responsible for the communication of information about the contents of the products. Therefore, Restaon® has no obligation to notify regarding allergen products. Restaon® does not guarantee that products provided by member businesses do not contain allergens.
Restaon® may request a photo showing the complaint regarding the order subject to the complaint in complaints submitted by users.
Restaon® may define coupons for use in Restaon® orders for its users. It also reserves the right to offer discounts and promotions. Coupons may be subject to validity periods and usage conditions. Restaon® reserves the right to invalidate any coupon, terminate it, or change the conditions without prior notice. The scope of member businesses where coupons can be used may be determined by Restaon®.
Restaon® may provide users the option to receive their orders directly from the member business where the order was created. In this case, Restaon® shall not be responsible for delays experienced by the member business, damage to products, product quality, and similar cases.
6. Purpose of Use
The user accepts that all orders placed through the Restaon® Platforms and all purchases made are for personal use purposes and are not for resale.
7. Coupons, Discounts, and Promotions
When you successfully place an order from the sellers on Restaon® Platforms, you may receive a percentage of the order value or a fixed amount ("Wallet Money") credited to your Restaon® Wallet account. The use of the Restaon® Wallet account will be subject to the “Restaon® Wallet Terms of Use.”
Restaon® reserves the right to limit or change the total balance amount in the Restaon® Wallet account. You cannot receive Wallet Money that will cause your Wallet Money balance to exceed the limit set by Restaon® into your Restaon® Wallet account or bank account.
Your Wallet Money will be credited to your Restaon® Wallet account when you place a valid order and after the payment and delivery of that order are completed, unless otherwise specified. Restaon® reserves the right to change the Wallet Money loading process.
Wallet Money cannot be earned from canceled orders. In the event you cancel your order, Restaon® reserves the right to reclaim the Wallet Money credited to your account.
Your Wallet Money is credited to your Restaon® Wallet account and can be applied to your next valid order on our Platform. Your Wallet Money is non-refundable, non-exchangeable for cash. Wallet Money is not an obligation to be provided by Restaon® and/or any Seller on the Platform. Your Wallet Money cannot be transferred to any bank or credit card or bank account.
Your Wallet Money will be valid for the period specified in the Wallet Money campaign conditions.
Wallet Money is subject to validity periods, usage restrictions, limits, and/or other eligibility criteria. All Wallet Money will be available for use on a "while supplies last" basis.
Restaon® reserves the right to exclusively and absolutely exclude (not include) the use of Wallet Money for certain products or orders.
In cases where Restaon® determines that the Wallet Money allocated to you was given due to an error, including but not limited to fraudulent or malicious purposes, Restaon® reserves the right to reclaim the amount of Wallet Money allocated to you without prior notice.
If Restaon® has a reasonable suspicion of fraudulent activity regarding the use of Wallet Money, it has sole discretion to unilaterally remove any Wallet Money from the account.
In all matters related to Wallet Money, the decision of Restaon® shall be final. In the event of any conflict between any brochure, marketing or promotional material regarding the Wallet Money campaign and these Wallet Money Terms and Conditions, these terms and conditions shall prevail.
Restaon® shall not be held responsible for any situation that may prevent you from benefiting from Wallet Money on the Restaon® Platforms.
Restaon® reserves the right to change or update these terms at any time.
Restaon® reserves the right to suspend or terminate the Wallet Money campaign at any time, without prior notice to any party or any obligation.
8. Payment
The user may pay for the order placed through the Restaon® Platform in the manner selected from the options offered by the relevant member business during delivery. The user may also make instant online payments through various payment functions via bank cards, credit cards, or similar payment instruments using the Online Payment Method and Restaon® Wallet.
In payments made using the Online Payment Method option, if a card is used unlawfully by someone other than the cardholder, transactions will be carried out in accordance with the provisions of the Banking Cards and Credit Cards Law No. 5464 dated February 23, 2006 and the Regulation on Banking Cards and Credit Cards published in the Official Gazette No. 26458 dated March 10, 2007.
For orders paid using the Online Payment Method, the receipt/invoice for the order will be issued by the member business receiving the order, not Restaon®. For orders placed using the Online Payment Method, Restaon® has been exclusively authorized by member businesses to collect the amounts related to the ordered products on behalf of the member businesses from users.
The user shall have fulfilled their payment obligations by making payment to Restaon® for orders placed using the Online Payment Method.
Users, for the orders to be delivered to them by Restaon®, and for payments made with any payment method, including but not limited to online payment methods, cash on delivery with credit/debit cards, cash on delivery, shall have their payments collected by Restaon® on behalf of member businesses. Users shall fulfill their payment obligations to both the member business and Restaon® for the orders delivered to them, using any payment method including but not limited to online payment methods, cash on delivery with credit/debit cards, cash on delivery.
Restaon® reserves the right to offer additional payment methods at any time at its discretion and/or remove existing payment methods.
The user may consent to the storage of their credit card information to place orders more easily and quickly from Restaon®. In this case, the user's credit card information will be stored in the infrastructure of third-party payment service providers.
9. Product Delivery
If the user cannot be found at the relevant address chosen on the Restaon® Platforms during the product delivery process made by member businesses (including incorrect address information provided by the user), the user's order will not be left at another address. In this case, the user must accept the legal obligations arising from ordering to an address where they are not present.
Priority Delivery
By selecting Priority Delivery, the Restaon® user agrees to benefit from this service and pay the additional fee determined by Restaon® for Priority Delivery.
Priority delivery is a specialized service where your courier delivers your order directly to you. No extra stops are made to eliminate any potential waiting during operations.
In most cases, the aim of Priority Delivery is to shorten the targeted delivery time; however, we emphasize that we cannot guarantee this and the specified delivery time is only an estimated duration.
Restaon® reserves the right to change any amounts related to the costs (service fee and any fees that may be related to the process) and the Priority Delivery Service fee at any time at its discretion.
Compensation for delays in such deliveries is of course possible. If you believe you have been harmed in this way, please contact our customer service.
The Priority Delivery service can only be used for "food" orders on Restaon® and online payment methods. (Excluding Online payment options for Food Cards).
Restaon® reserves the right to stop, update, and cancel this service at any time.
Any coupon that may be defined during the process is single-use, non-divisible, cannot be combined with other coupons, and cannot be exchanged for cash or sold.
10. Takeaway Orders
Users placing orders through the Restaon® Takeaway system can directly receive their orders from member businesses, and the relevant order will not be delivered to the user's address.
If the order is not picked up by the user during the specified time range, the order amount will not be refunded to the user.
The user acknowledges that changes cannot be made after using the Restaon® Takeaway option.
Real-time control cannot be made for Restaon® Takeaway orders. Member businesses are responsible for the currency of product stock information, and Restaon® has no responsibility.
The user acknowledges that Restaon® is merely an intermediary service provider and therefore any requests or complaints regarding Takeaway orders should be directed to the Member Business.
Restaon® reserves the right to offer additional discounts and advantages to users benefiting from the Takeaway service.
Restaon® Takeaway service is seasonal and does not imply any right assignment.
Restaon® has the right to remove, change, suspend, or cancel the Takeaway option at any time without prior notice.
11. Refund
A refund to the user for orders paid using the Online Payment Method can only be made under the following circumstances:
- The mandatory cancellation of the order due to the user's address being outside the delivery area of the member business;
- The mandatory cancellation of the order due to the order not being conveyed to the relevant member business;
- Cancellation of the order at the user's request in cases where the order has not been prepared by the member business or the member business has confirmed the cancellation despite the order being prepared;
- Mandatory cancellation of the order partially or completely due to part or all of the order not being available at the member business;
- Cancellation of the order made after obtaining the approval of the relevant member business due to dissatisfaction with the ordered product;
- Cancellation made upon the approval of the relevant member business in case of delay in the delivery of the ordered product.
The refund will be made to your Restaon® Wallet account unless you change the "Refund to Wallet account" option in the Refund Settings. If your payment is made through Restaon® Wallet or the Online Payment Method, the completion of the refund and reflection on the credit card you paid with will vary according to the procedures of the bank handling the transaction. In orders made with online credit cards, refunds may also be transferred to the wallet account depending on the user's choice.
If a receipt or invoice has been issued by the relevant member business for the order subject to cancellation and delivered to the user, the receipt/invoice must be returned to the relevant member business representative.
Restaon® reserves the right not to issue a refund for reasons originating solely from the User (for example, if the user is not at home, provides incorrect address information, does not accept the order, etc.).
For orders paid with means other than Online Payment and Restaon® Wallet Payment Method, the refund will be made directly by the member businesses included in Restaon®. Restaon® does not accept any responsibility for disputes arising from refund conditions set by member businesses due to its role as an intermediary service provider.
12. Intellectual Property Rights
All intellectual property rights related to the design, software, domain name, and all trademarks, designs, logos, commercial representations, slogans, and all other content created by Restaon® on the Restaon® Platforms are owned by Restaon®.
The user may not use, share, distribute, display, reproduce, or create derivative works of Restaon®’s or its affiliates’ intellectual property rights without Restaon®’s permission.
If the user acts in a way that infringes the intellectual property rights of third parties or Restaon®, the User shall be liable to indemnify Restaon® and/or the relevant third party for all direct and indirect damages and expenses.
The user agrees that they will not misuse the services contained in the Restaon® Platform or systems developed in connection therewith and will not engage in any conduct that violates the rights of other users using this system or causes harm, and that they bear full responsibility for any damages suffered by Restaon® or the relevant user as a result of such misuse, and acknowledges that Restaon® has the right to close or limit the account of any user identified as engaging in such conduct.
The user agrees that the usernames, photos, correspondence, topics, and nicknames to be added to the Restaon® Platforms should comply with general morality, courtesy, and legal rules; that they should not contain political messages; and that all economic rights listed in the Copyright and Related Rights Law No. 5846 dated December 5, 1951 regarding these terms, correspondence, and photos, including the rights of publication, processing, reproduction, dissemination, representation, marking, sound and/or image transmission, and transfer to third parties, have been transferred to Restaon®.
The user agrees not to use usernames, photos, or nicknames that are threatening, immoral, racist, contrary to the laws of the Republic of Turkey, violate international treaties, or contain political messages; and not to send messages or comments of this nature.
The user accepts that any personal opinions, thoughts, expressions they assert while using Restaon® services, the files they add to the Restaon® environment, and their personal information sent are their own responsibility and that Restaon® cannot be held responsible for any disputes arising between the member business and the user, including but not limited to, that Restaon® is free to publish or not publish these views and thoughts, and that it has the right to organize these views and comments through moderators and correct spelling errors, that user comments are in no way connected to Restaon®, and that they have no responsibility for damages that third parties/member businesses may incur due to the views and opinions they express and the damages the user may incur due to the views and opinions expressed by third parties/member businesses.
The visuals related to the products featured on Restaon® are for illustrative purposes and may differ from the actual products.
The information, documents, software, designs, graphics, etc. produced by the user and uploaded to the system voluntarily (for example, user images, messages added to the board, poems, news, files, etc.) have the right to be published, processed, shared on social media networks, and/or transferred to another address deemed appropriate by Restaon® within the Restaon® system or removed from the website at its discretion. There is a possibility that this published information may be copied, processed, and/or published by other users. In such cases, the user will not request any royalty from Restaon®.
13. Storage of Information and Burden of Proof
User information, orders, comments/evaluations, etc. registered on the Restaon® Platforms are stored in accordance with the durations set by the relevant legislation and data regulations. In any disputes arising from the performance of this Agreement, the data stored on the Restaon® Platforms and the user records will constitute binding and conclusive evidence.
14. Applicable Law and Competent Court
This Agreement is governed by the laws of the Republic of Turkey. Istanbul Central Courts and Enforcement Offices are competent to resolve any disputes arising from the performance of this Agreement.
15. Force Majeure
The Parties shall not be liable for their failure to fulfill their obligations under this Agreement due to unforeseen and unavoidable events such as fire, rebellion, earthquake, flood, strike, epidemic, curfews, war, civil war, and legal regulations that directly affect their performance under this Agreement. The delay in fulfilling the obligations of the party affected by such force majeure shall not be a reason for termination of the Agreement. In this case, the obligation of the parties to fulfill their obligations will be suspended until the force majeure is lifted.
16. Effectiveness
This Agreement shall enter into force upon the user's membership to Restaon® and shall remain in effect until the user's membership continues, producing effects and results between the parties.
17. Termination
The Parties may terminate this Agreement at any time. In the event of termination of the Agreement, the Parties shall mutually fulfill the rights and obligations that have arisen until the date of termination.