FUMIQO ONLINE TALENT HUNTER

 

GENERAL TERMS AND CONDITIONS

ABOUT TERMS OF USE & PRIVACY POLICY

 

 

About Fumiqo Online Talent Hunter portal use specification and confidentiality mode

GENERAL TERMS AND CONDITIONS (GTS)

 

  1. DEFINITIONS

 

  1. Portal means "Fumiqo Online Talent Hunter" online internet portal (fumiqo.com), based on paid membership of its users and providing advertising services at international level.
  2. Advertising services is online promotion of the talents on paid base for the business (commercial) purposes only before the user persons and companies operating at international level using the opportunities provided by Fumiqo Online Talent Hunter internet portal.
  3. Portal owner – legal owner of the Portal is “Solda Kağıt İnşaat Elektrik Dış Ticaret Limited Şirketi" company, registered in accordance with the legislation of the Republic of Turkey and registered at the address of the Republic of Turkey, Yenibosna Merkez Mahallesi Güneshli Caddesi Yusuf Agha Sokak Yasemin Plaza Floor 1 Office 8 Bahchelievler Istanbul”
  4. Administrator – means the individual who technically provides current online activity of the portal, realizes the execution of the service by means of the contact with the users through the Portal and who is a member of the Administrator Department appointed by the Portal owner.
  5. Users – individuals, companies and talents who enter the Portal using the internet and use paid services offered by the Portal are considered the users of the portal.
  6. Person - means the individuals who pay monthly or annual subscription fee by entering the Portal using the internet and search for the talents only for the business (commercial) purposes.
  7. Company – means legal entities who pay monthly or annual subscription fee by entering the Portal using the internet and search for the talents only for the business (commercial) purposes.
  8. Talent - means the individuals who pay monthly or annual subscription fee by entering the Portal using the internet, upload to the portal the materials (photos, videos, social media accounts etc.), reflecting personal information and use the advertising services through the user person/ company only for the business (commercial) purposes and have a knack/skills for certain category.
  9. Personal information – means any information reflecting name, surname, father's name, date of birth, place and address of residence, phone number, profession, physical, psychological, genetic, mental, economic, cultural and social status that allows to directly or indirectly prove the identity of an individual.
  10. Material – means photo, audio, video records, social media accounts reflecting personal information of the users.
  11. Social media accounts – means official accounts of the talent created and being used in social media networks like facebook, instagram, twitter, youtube, whatsapp, linkedin, google, email, the ownership of which is verified by the administrator.
  12. Category – means the professions like influencer, blogger, model, cating talent, chef, consultant, trainer, dancer, announcer, make-up artist, nutritionist, musician dj and vocal, in which the talent has particular skills and which are offered by the talent to user persons and companies.

 

  1. PARTIES

The parties to the Agreements reached based on this GTS are respectively portal owner - person, portal owner - company and portal owner - talent. 

  1. AGREEMENT

 

  1. The Agreement between the parties on the provision of the advertising services shall be considered to be signed and come into force after the users enter the portal and register in specified manner, get acquainted with and accept the terms of this GTS, as well correspondingly pay monthly/annual subscription fee.
  2. Except for the cases of the subscription cancellation by the administrator in case of the violation of the terms of this GTS by the users, the Agreement shall be valid between the parties until the last day of the subscription term and shall be terminated on the last subscription day.
  3. The Administrator shall send to the user written notice no later than 1 (one) week before the expiration of the subscription term in order to notify the user of the expiration of the term and that the access to the portal shall be closed. If the payment for the next subscription term is not made within this period, the Agreement shall be terminated on the last subscription day and access to the portal shall be restricted.
  4. If the subscription term is prolonged for the next period, the expiry date of the Agreement (its legal force) shall be considered to be prolonged for the same period.
  5. If the user selects "auto prolongation" offer when registering at the portal, every time when the subscription is expired, the administrator shall be able to prolong the subscription term for the next period, without sending the notice to the user.

 

  1. ADVERTISING SERVICE

 

  1. This is online promotion of the talents on paid base for the business (commercial) purposes only before the user persons and companies operating at international level using the opportunities provided by the service portal offered to the users by the Portal owner based on this GTS and Agreement between the parties.
  2. In order to use the services, user persons/companies are to enter the portal, show users/companies information at the portal, register in specified manner, get acquainted with this GTS, accept its terms, pay monthly/annual subscription fee correspondingly, then implement the talent search at the portal on the categories through the account given to him/her, and the user talent is to enter the portal, show his/her personal information at the portal, register in specified manner, get acquainted with this GTS, accept its terms and pay annual subscription fee, then to make choice on the category specified in the paragraph 1.l of this GTS and to upload to the portal the materials, reflecting personal information belonging to him/her.
  3. Minimum age limit for the persons living in specified areas and wishing to use the services offered by this GTS is 18 (eighteen) years old, and minimum age limit for the talents is 16 (sixteen) years old. In special cases, taking into consideration the requirements of national legislation on the territories, minimum age limit for the talents can be reduced to 13 years old. In some cases (model etc.) underage talents who do not reach minimum age limit can also become a member of the portal. In such a case, in order to use personal information of underage talents (at least 13 years old and below) who do not reach minimum age limit, the portal requires the consent of the parents (adoptive parents, guardians) of those talents. Therefore, in order to register underage talents at the portal, along with their information, personal information of their parents (adoptive parents, guardians) required by the portal (name, surname, father's name, passport codes, phone numbers etc.) are to be filled in corresponding fields. The placement of such an information is equated to the getting of the consent by the parents (adoptive parents, guardians) of underage talents.    
  4. The Administrator checks and verifies the correctness of personal information entered by the users into the portal and the materials reflecting personal information or requires the change of the materials which are not in accordance with selected category, collects and keeps uploaded materials and materials with verified correctness, provides search and finding of the user talents on the criteria of user persons and companies, fast and effective transfer of their collected personal information to users and companies, their comparison.
  5. The user is entitled to select whether the person, entering the portal, logs in as person, company or talent. To enter the portal, the users are to enter login and password consisting at least of 10 (ten) characters. Only the users are to keep login and password in secret. The password is able to be changed later by the users.
  6. The advertising services are implemented by the portal owner on monthly, 3 (three) month, 6 (six) months and yearly basis, depending on the choice of the users.
  7. The service is offered only to the users living and functioning on the territories, mentioned in the paragraph 1 of this GTS. Persons and companies, living on mentioned territories, but not registered in accordance with the paragraph 4 of this GTS, as well other talents registered at the portal shall not be transferred personal information of the talents.

 

  1. PAYMENT

 

  1. These are paid services and they are to be completely prepaid by the users.
  2. The service fee for the user is as follows:
  • 3-month subscription fee – 99,00 $ (ninety nine dollars)
  • 6-month subscription fee – 65,00 $ (sixty five dollars)
  • 12-month subscription fee – 39,00 $ (thirty nine dollars)
  1. The service fee for the user companies is as follows:
  • 3-month subscription fee – 399,00 $ (three hundred ninety nine dollars)
  • 6-month subscription fee – 299,00 $ (two hundred ninety nine dollars)
  • 12-month subscription fee – 199,00 $ (one hundred ninety nine dollars)
  1. The service fee for the user talents is as follows:
  • 12-month subscription fee – 99,00 $ (ninety nine dollars)
  1. The user is free to choose one of the mentioned tariffs at his/her own discretion.
  2. The user who wants to use the service shall be provided with electronic invoice and the user shall make the payment based on that invoice.
  3. The services shall be paid only by bank (credit) cards (visa, mastercard).
  4. If the user decides to prolong the subscription on the last day of the expiration of the subscription, he/she must pay in advance in the same manner and at the same rates again. Otherwise, the Agreement between the parties shall be terminated and the access to the portal shall be stopped.
  5. If the subscription is automatically prolonged by the portal in accordance with the paragraph 3 e of this GTS, the subscription fee shall be paid by automatically withholding in advance from the bank (credit) card declared by the user.

 

  1. GUARANTEE

 

  1. During the execution of the service the Administrator guarantees:
  • To implement identification and verification of the materials of the persons entering the portal, not to enter the portal with fake, incomplete or someone else's names and profiles, photo and social media accounts;
  • To effectively collect, safely store personal information entering to the portal and not to transfer it to the third parties (advertising agencies etc.) in the manner, out of the carrying out the service directly by himself/herself;
  • During the expiry date of the subscription, to provide free access to the portal, without hindrance and restriction, independent placement, sharing of personal information by the users at the portal, as well further deletion or concealment of personal information shared by them;
  • transfer of personal information of the talents to persons and companies, not registered in accordance with the paragraph 4 of this GTS, as well to other talents, who are the members of the portal;
  1. Administrator does not grant any guarantee to the users for the warranties, other than those specified in the paragraph 6.a of this GTS.

 

  1. CONFIDENTIALITY MODE

 

  1. All the personal, financial and other information obtained by the parties with the purpose of fulfilment of this GTS and the Agreement between the parties is considered confidential information and it is forbidden to be transferred, transmitted and spread to other persons without the consent of the parties.
  2. The users voluntarily accept and agree online provision of their personal information to the portal in order to ensure the fulfilment of GTS and the Agreement between the parties by registering at the portal and its transition by the portal owner to other users who are the members of the portal at the international level.
  3. Personal information received by the Administrator are gathered, collected, stored in auto mode in the accounts belonging to the users who are the members of the portal and transmitted to other users who are the members of the portal in online mode in order to provide the service. It is prohibited to make any additions and corrections by the administrator to the personal information.
  4. The users are aware of the risk of use by other users who are the members of the portal of personal information with the purposes other than those of this GTS and the Agreement between the parties (personal dating, sexual relationships, illegal advertising etc.) and accept that Portal owner/Administrator are deprived of the opportunity to take preventive measures related to such the cases.
  5. Except for the cases where received and collected personal information are transferred to the users who are the members of the portal for the purposes of this GTS and the Agreement between the parties, it is prohibited to directly transfer personal information by the administrator to non-member users and other mediator persons (advertising agencies, etc.).
  6. Gathering, collection, storage and transfer of personal information of underage talents to other users in accordance with the paragraph 4 c of this GTS are able to be implemented only after passing corresponding procedure at the portal on the consent of the parents (adoptive parents, guardians) of those underage talents.
  7. The Portal owner/Administrator can implement the transfer of personal information belonging to the users based on the request received by corresponding state agencies without obtaining the consent of the users.

 

  1. INTELLECTUAL PROPERTY

 

  1. Name of the portal (Fumiqo Online Talent Hunter) and trademark rights to its design, as well patent rights as the project, are internationally recognized as intellectual property rights of the portal owner.
  2. Any materials that are uploaded to the portal by the users and reflect personal information, professional skills, results of done work and services are considered as intellectual property products of the users who uploaded these materials to the portal through the portal account.

 

  1. RESPONSIBILITY

 

  1. The party that does not fulfil its duties under this GTS and this agreement between the parties, or fulfils them improperly shall be responsible for the damage caused to the other party in the manner specified by the legislation in force of the Republic of Turkey and shall pay full amount of the damage caused to another party.
  2. The user is entitled to complain to the Administrator about inappropriate messages that do not correspond to the business (commercial) interests and which are entered in his/her personal number and social media accounts by the person and companies who are the members of the portal. In such the cases, person and companies that are members of the portal are responsible for the results of the measures taken by the administrator based on the complaint of the talent.
  3. The services are provided by the portal owner only with the business (commercial) purposes, and the use of personal information by the administrator for other purposes is unacceptable. The Portal owner is not responsible for the use of the services by the users with any other purpose (dating, sexual relationships, illegal advertising etc.).
  4. The Portal owner is not responsible in no way for the results of the advertising services, i.e. for the non-finding by the user persons and companies of the talent in accordance with the criteria for the business (commercial) purposes, and for the finding by the talent of the persons and companies (business partners) in accordance with current requirements and non-building of the cooperation.
  5. The Portal owner shall not be responsible for terms and continuance of the business relations, built between the users only after the mediation services are provided in the finding of the talents in accordance with the criteria of the persons and companies, and in the finding of persons and companies (business partners) in accordance with the criteria of the talents.
  6. For the procedure of obtaining of the consent of the parents (adoptive parents, guardians) of the Portal owner during the registration of underage talents at the portal, their parents are responsible for correct uploading of the information of these persons into the portal and giving the consent, as well, for correct use by underage talents of the services offered by the portal.

 

  1. LIQUIDATION

 

  1. The Agreement between the parties shall be terminated unilaterally when the subscription period is expired and in the following cases:
  • By the User as a result of voluntary closure of the account;
  • By the Administrator, if a complaint is addressed by the talents to the Administrator in the manner specified in the paragraph 9 b of this GTS on the person and company;
  1. If the Agreement is liquidated based on the second part of the paragraph a of this GTS, the access to the portal of the person and company, about which the complaint was made, shall be immediately suspended by the Administrator and paid amount shall not be refunded.
  2. Materials, in which personal information belonging to the users are indicated, shall be deleted by the Administrator from the portal once and for all within 3 (three) calendar days after the termination of the agreement. If the user wants to make sure that the materials are completely deleted, and when he/she sends a request to the Administrator on this, the Administrator shall inform the user in writing that the materials are deleted once and for all.

 

  1. LEGISLATION

 

  1. The relations not regulated by this GTS are regulated by the legislation in force of the Republic of Turkey.
  2. The disputes arising between the parties in connection with this GTS shall be resolved amicably and with mutual agreement. The disputes not resolved by mutual agreement shall be resolved in corresponding court of the Republic of Turkey in accordance with the legislation of the Republic of Turkey.

 

  1. OTHER PROVISIONS
    1. This GTS is made in English and is provided to any user individuals and legal entities who wants to register at the portal in order to get acquainted and accept it as main terms of the service offered by the portal. The users are deprived of the opportunity to make any corrections and additions to the text of this GTS.
    2. The Agreement between the parties shall be considered to be signed electronically after the users get acquainted with the text of the GTS submitted to them electronically and make a note in corresponding field about the acceptance of the terms. The user voluntarily declares that the acceptance of the terms of this GTS means that he/she is responsible for the risks and liabilities specified in its text.
    3. The users are able to be registered at the portal and create an account only after they have got acquainted with and accepted the terms of this GTS.
    4. When interpreting the provisions of this GTS, it should be taken into consideration not only literal meaning of words and expressions, but also real meaning of the will of the parties, the comparison of literal meaning of the contract as a whole with other terms and meanings. In such a case, all the relevant cases, in particular, the practice formed in the field of international online services, business traditions, further actions of the parties shall be taken into consideration.
    5. If any provision of this GTS is considered to be invalid, if the service relations between the parties are able to exist without such the paragraphs, then it does not cause general invalidity of GTS.
    6. All the correspondence between the parties shall be implemented electronically (portal and e-mail accounts). In case of any changes in personal information of the users, they should update their personal information at the portal no later than within 3 (three) working days. It is unacceptable to implement any correspondence on paper.