Terms and Conditions

Terms and Conditions

Terms & Conditions

Terms & Conditions

Thank you for choosing Try TipTop services. Please read this document that affects your legal rights. By accessing or using the Try TipTop App (“App”) or Services provided by Try TipTop (“Services”), our subsidiaries or other affiliates (collectively, “Try TipTop,” “we,” “us” or “our”) that link to these Terms, you agree to be bound by these Terms and Conditions and all of the terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the App or Services by using the App or Services provided by Try TipTop, you agree to the bounds that are defined by these Terms and Conditions.

The Services provided by Try TipTop helps you to protect your identity and personal information that you provided to use Try TipTop Services. Note that the App and Services are not guaranteed against identity theft or online identity fraud and are not a substitute for online security software. 

If you are using the Services of Try TipTop, you represent and warrant that you are authorized and eligible to accept these Terms. If we make changes on the Terms and Conditions, we will provide the notification of these changes by email and updating the “Last updated” date at the beginning of this document. If you do not agree with the Terms and Conditions, you may not access our Services. 

1. Acceptance of Terms

Try TipTop is a digital platform which provides services regarding delivery of food and other goods through the App which includes third party applications accessible through Try TipTop application. 

2. Registration, Account and Communication Preferences

In order to access and use certain areas or features of the App and Services, you will need to register to the Try TipTop App via your smart phone. With this registration you give the permission to involve your needed information to the application. For using the Services, you may need to give additional personal information regarding the billing of the Service Fee and security of the App. For details of the all requested personal information please read our Privacy Policy carefully. By registering for Try TipTop member account, you certify that:

Any information you provide to us, both when you register and in the future, is and will be true, accurate, current and complete,

You are 18 years of age or older,

You are only registering an account for yourself,

You will keep all information up-to-date,

You maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us,

You must not sell, transfer, or assign your account to anyone else. You must keep your password confidential, you must not share it and you may not allow anyone else to log into our Services as you. You are responsible for all activities that occur under your member account. If you believe that your account is no longer secure, immediately notify us,

By creating a Try TipTop account, you also consent to receive electronic communications from Try TipTop (e.g., via email or by posting notices to the App or Services). These communications may include notices about your account (e.g., password changes and other transactional information) and are part of your relationship with us. 

3. Privacy Policy

Please refer to our “Privacy Policy” for information about what we collect, how we collect, use and disclose information about you.

4. Use of the App, Services, Content and Trademarks

Unless otherwise indicated as written by Try TipTop, the App and Services and all content and other materials, including, without limitation; the Try TipTop logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, etc. are property of Try TipTop or Try TipTop’s licensors or users and are protected by Turkish and international copyright laws. Try TipTop technologies and Services, the Try TipTop logo and any other product or service names, logos or slogans that may appear on the App or Services are trademarks of Try TipTop and may not be copied, imitated or used, in whole or in part, without Try TipTop’s prior written permission. The general appearance and design of the App and Services brand, domain name, logo, icon, written, electronic, graphic or machine-readable technical data, computer software, including all materials that are related to intellectual and industrial property rights or licenses of the Company are under legal protection. Within the scope of the App; the source code, data, software, database and their improved versions subject to "Processing" in Article 21 of the Law No. 5846 on Intellectual and Artistic Works, "Reproduction" in Article 22, "Dissemination" in Article 23, "Representation" in Article 24. and Article 25 under the title of "Public Transmission by Means of Signal, Sound and / or Image" rights, and in article 14 of the same law, "Authority to Broadcast", article 15 "Authority to Indicate Name" and article 16 "Preventing changes in the Work” and all intellectual property rights (copyright and other rights), including but not limited to the authorization to exercise moral rights, are exclusively owned by the Company, without limitation of place, duration, content, medium and number. In this vein, it cannot be copied, processed or reverse engineered in whole or in part; the original and / or the form to be processed / in whole or in part cannot be reproduced directly or indirectly; it cannot be spread by any shape or method; It cannot be used directly or by means of representation in public places by means of transferring signs, sounds or pictures; it cannot be used in digital environments and / or mobile devices, cannot be transmitted to the public and made available to third parties; it cannot be recorded in the tools that are known at the time the App is used and will be produced with technical means to be developed as long as the App is used; it cannot be used in all kinds of audio-visual works and cannot be transmitted to the public, displayed, modified, adapted or translated by means of known or future development methods, means of signal-sound and / or image transfer or republishing as long as the App is used; without the express written and explicit consent of the Company.

In addition, all rights of the contents that are subject to intellectual and industrial property rights published on the App and all written, visual, audio, visual, electronic materials belonging to the Company are reserved. The fact that these materials are on the App is only limited for the scope of the Services and it cannot be interpreted as giving any authorization, license or permission for another use. All other trademarks, registered trademarks, product names and company names or logos mentioned on the App or Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. 

5. Warranty Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APP OR TRY TIPTOP’S SERVICES IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT TRY TIPTOP HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING WHICH USERS GAIN ACCESS TO OR USE THE SERVICE, WHAT EFFECTS THE CONTENT MAY HAVE ON YOU, HOW YOU MAY INTERPRET OR USE THE CONTENT, OR WHAT ACTIONS YOU MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT. YOU RELEASE TRY TIPTOP FROM ALL LIABILITY FOR YOU HAVING ACQUIRED OR NOT ACQUIRED CONTENT THROUGH THE SERVICE. TRY TIPTOP MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICE AND TRY TIPTOP WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICE. 

TRY TIPTOP DOES NOT GUARANTEE THAT THE SERVİCES ARE PROVIDED UNINTERRUPTED AND INDEFINITE. YOU CAN NOT REFER TO TRY TIPTOP WHEN ANY INTERRUPTION AND SYSTEMATIC PROBLEMS OCCUR. TRY TİPTOP CAN PAUSE THE SERVICES ANYTIME IT WANTS.

6. Limitation on liability

YOU ACKNOWLEDGE AND AGREE THAT ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE APP AND SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE APP AND SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP AND SERVICE IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TRY TIPTOP NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT.

7. Links or Third-Party Applications

The Service provides, or third parties may provide, links to other accessible App, applications or resources. Since Try TipTop has no control over such App, applications and resources, you acknowledge and agree that Try TipTop is not responsible for the availability of such external App, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such App or resources. You further acknowledge and agree that Try TipTop shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. 

8. Feedback

You can submit questions, comments, suggestions, ideas, original or creative materials or other information about Try TipTop (collectively “feedback”), the App or Services. Feedback is non-confidential and shall become the sole property of Try TipTop. Try TipTop shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such feedback and shall be entitled to the unrestricted use and dissemination of this feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you.

9. Indemnity

You agree to release and to indemnify, defend and hold harmless Try TipTop and its subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising of resulting from your use of the service, your violation of these Terms of Conditions, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. Try TipTop reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Try TipTop in the defense of such matter.

10. Modifications

Try TipTop reserves the right in its sole discretion to modify, suspend or discontinue, temporarily or permanently, the App or the provision of the Services at any time and without liability therefor. Electronic records of the Company will be accepted as evidence in disputes that may arise between you and Company. In such cases, Istanbul courts and execution offices will be exclusivly authorized for the resolution of conflicts and disputes which will be solved in accordance with Laws of the Republic of Turkey. 

11. Termination and Suspension

Try TipTop may terminate and suspend all or part of the service and your access to Try TipTop Services immediately, without prior notice or liability, if you breach any of the Terms and Conditions. Upon termination of your access, your right to use the service will immediately cease.

12. Payment Conditions

Certain aspects of the Service, notably the placement or acceptance of orders, may necessitate specific payments, such as commissions or additional fees.

12.1 Pricing

It is important to understand that: 1. the pricing for products or menu items showcased via the Service may vary from those prices set or advertised by Merchants or those found on third-party websites for identical products or menu items, and these prices might not represent the lowest available prices for these items; 2. TipTop is under no obligation to detail its costs, profits, or margins when presenting such prices; and 3. TipTop retains the authority to modify the prices shown on the Service at any moment, at its own discretion with any suitable way of payment that TipTop will choose.

Due to the Service's nature, TipTop may not always be informed of the price a Merchant will charge for a specific product or menu item. For some transactions, the subtotal displayed at checkout is an estimate that could be either higher or lower than the actual in-store totals. In such cases, TipTop reserves the right to bill your payment method the final price upon checkout. TipTop holds the authority to establish the definitive pricing for all products or menu items ordered via the Service. You acknowledge and consent to pay the established pricing and fees, even if they differ from the initial estimates. You are responsible for all transaction taxes on the Service provided under this Agreement (excluding taxes based on TipTop’s income). Payments will be processed by TipTop, using your preferred payment method specified in your User Account.

12.2 Service Fees

TipTop may impose fees for the Service as it sees fit or as required by law, including but not limited to [delivery fees, service fees, merchant fees, or surge fees, payment fees].

12.3 Refunds and Returns

Fees paid by you for orders that have been completed and delivered are definitive and non-refundable, and will be quoted in the local currency of the order's delivery or pickup location. TipTop is not obliged to issue refunds or credits, but may choose to do so at its sole discretion. Receiving a credit or refund on one occasion does not entitle you to credits in future instances, nor does it obligate us to provide credits or refunds under any circumstances in the future. If an item must be returned for any reason, you might be subjected to a non-refundable return/restocking fee.

12.4 Unclaimed Orders and Cancellations

TipTop reserves the right to bill you the total order amount, including any service fees, if you are not present at the specified delivery location when the Delivery Partner arrives, or if you fail to collect an order from a Merchant. If you cancel your order, charges may apply depending on the order's progress at the time of cancellation. Any applicable charges will be communicated to you before you finalize your cancellation.

12.5 Risk of Loss

All products available for purchase through or via the Service are delivered to you by an independent carrier not associated with, or controlled by, TipTop. Ownership of, and risk of loss for, products bought through the Service transfers to you when TipTop or our supplier hands these items over to the carrier.

12.6 Payment Information; Taxes

TipTop will charge the payment method you specify at the time of purchase, and you authorize TipTop to do so. If you make any payment with a credit card, TipTop may secure pre-authorization of your credit card account before your purchase to ensure the credit card is valid and has sufficient funds for your intended purchase. In case TipTop advances payment for any orders placed via the Service, TipTop may send you invoices for those advanced amounts separately. Should you fail to settle such invoices within thirty (30) days from the invoice date (the “Payment Due Date”), you grant TipTop the right, though not the obligation, to charge the credit card associated with your User Account at any time after any Payment Due Date, unless prohibited by law. You affirm that all information provided by you in relation to a purchase, transaction, or other monetary interaction with the Service is accurate, complete, and up to date. You agree to bear all costs incurred by users of your credit card, debit card, or other payment methods used in connection with a purchase, transaction, or other monetary interaction with the Service at the rates effective when such charges are incurred. You will pay any applicable taxes related to such purchases, transactions, or other monetary interaction interactions.

TipTop Captain Privacy Policy

Privacy Policy and GPS Tracking

  1. GPS Tracking with TipTop Captain

TipTop Captain, a feature of Try TipTop's Services, incorporates GPS technology to track the location of our delivery personnel. By using our Services, you acknowledge and agree to the following:

13.1 Consent to GPS Tracking

By registering for TipTop Captain and utilizing our Services, you expressly consent to the collection, use, and sharing of your location data via GPS technology. This data is used solely for the purpose of facilitating and enhancing the delivery services provided by Try TipTop.

13.2 Purpose of GPS Tracking

The GPS tracking feature within TipTop Captain serves to:

13.3 Data Collection and Storage

We collect and securely store GPS location data of our delivery personnel during their employment or contract with Try TipTop. This data is accessible only to authorized personnel of Try TipTop and our trusted service providers.

13.4 Data Sharing

GPS location data may be shared with third-party service providers assisting us in delivering our Services. We do not sell or share this data with third parties for marketing or advertising purposes without your explicit consent.

13.5 Data Retention

GPS location data is retained for a limited period necessary to achieve the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.

13.6 Security Measures

We implement appropriate technical and organizational measures to safeguard GPS location data against unauthorized access, alteration, disclosure, or destruction.

13.7 User Rights

You retain the right to:

13.8 Changes to this Policy

We reserve the right to update or modify this GPS Tracking section of our Privacy Policy at any time. Changes will be communicated to you through TipTop Captain or other appropriate channels.

By continuing to use TipTop Captain and our Services, you signify your acceptance of this Privacy Policy and the inclusion of the GPS Tracking feature. If you disagree with this Privacy Policy or any updates, please refrain from using our Services.