Date of Issue: [EFFECTIVE DATE OF THE SERVICE] 

1. THE PROVIDER: TRT / Turkish Radio Television Corporation

Address      : TRT Genel Müdürlüğü Turan Güneş Bulvarı TRT Sitesi 06550 Oran ANKARA

Email         : destek@tabii.com / support@tabii.com

KEP Adress: trtgenelmudurlugu@hs01.kep.tr

Central Registration System Nr.         : 0879003286700011

Website      : www.tabii.com

2. SERVICE FEES AND SERVICE PURCHASED:

2.1. Services fees may vary depending on the BUYER's preferences.

2.1.1 Monthly Basic: The fee of the Monthly Basic (subject to ads) subscription purchased is given in the relevant line of the below table including taxes. The subscription purchased shall be automatically renewed every month unless and until canceled by the BUYER and the fee thereof shall be collected from you by periodic bill payment terms. As part of the monthly Basic (subject to ads) subscription, you may watch original "tabii" contents, children's contents, movies, documentaries, reruns of series, and all other contents included in the platform and made available in the relevant region together with subtitle and dubbing options for 1 month with ad support. The ads' frequency and duration shall be at the SUPPLIER's absolute discretion.

2.1.2. Monthly Premium: The fee of the Monthly Premium (without ad) subscription purchased is given in the relevant line of the below table including taxes. The subscription purchased shall be automatically renewed every month unless and until canceled by the BUYER and the fee thereof shall be collected from you by periodic bill payment terms. As part of the Monthly Premium (without ad) subscription, you may uninterruptedly watch original "tabii" contents, children's contents, movies, documentaries, reruns of series, and all other contents included in the platform and made available in the relevant region together with subtitle and dubbing options for 1 month without any ad.

2.1.3. Annual Basic: The fee of the Annual Basic (subject to ads) subscription purchased is given in the relevant line of the below table including taxes. The total amount is collected in advance as a lump sum. The subscription purchased will automatically renew in subsequent years unless and until cancelled by the BUYER. As part of the Annual Basic (subject to ads) subscription, you may watch original "tabii" contents, children's contents, movies, documentaries, reruns of series, and all other contents included in the platform and made available in the relevant region together with subtitle and dubbing options for 1 year with ad support. The ads' frequency and duration shall be at the SUPPLIER's absolute discretion.

2.1.4. Annual Premium: The fee of the Annual Premium (without ad) subscription purchased is given in the relevant line of the below table including taxes. The total amount is collected in advance as a lump sum. The subscription purchased will automatically renew in subsequent years unless and until cancelled by the BUYER. As part of the Annual Premium (without ad) subscription, you may uninterruptedly watch original "tabii" contents, children's contents, movies, documentaries, reruns of series, and all other contents included in the platform and made available in the relevant region together with subtitle and dubbing options for 1 year without any ad.

 The packages that are available in your region and their fees payable in the designated periods are as follows:

2.2. The PROVIDER shall be entitled to change the fees enumerated in this article with effect from the BUYER's next billing period. The BUYER shall be deemed to have agreed to all of the changes relating to the fee unless they terminate the Contract until the effective date of such changes.

2.3. The details, sales price, and payment schedule of the Services ordered by the BUYER are as follows:

 If you choose the free trial option, your subscription fee will be charged after your the trial period ends, unless the subscription is cancelled during the trial period.

3. SUBSCRIPTION FEE AND PAYMENT (COLLECTION) DETAILS

3.1. The BUYER must have entirely paid the fee that is referred to in article 4 as the fee of digital subscription of their choice, inclusive of all taxes, before the Service is rendered / the Service is accessed. The entire fee shall be paid at the subscription renewal periods.  The BUYER can make the payment by any method of their choice among the ones (through the paying agency on tabii website, by mobile payment method, by the methods given on application stores (App Store, Google Play Store, etc.), and by any other method to be devised subsequently) offered by the PROVIDER. Where the BUYER fails to pay the digital subscription fee, they shall not be entitled to make use of the contents and services included in the paid package. The BUYER's billing period shall differ depending on the membership date and the fee of the digital subscription package of the BUYER's choice must be paid in each billing period unless either party terminates the Contract.

3.2. Where the Bank / financial institution, which has issued the credit card used in the process, does not pay the PROVIDER the service fee, reclaims the fee paid, validity date of the payment method expires, has insufficient funds, or fails to process the payment for any other reason at any time subsequent to the Service fulfillment / access to the Service or by the next payment date for any reason whatsoever, this nonpayment event shall be notified to the BUTER in writing and in such a case, the BUYER shall, within no later than 7 (seven) days following the notification date, transfer the service fee again; otherwise, the BUYER's access shall be terminated. Instead of terminating the service/access, the PROVIDER shall be entitled to institute execution proceedings for the service fee receivable and claim the unpaid fee and its delay interest and all other accessories as set forth in article 51 of Law 6183 on the Procedure for the Collection of Public Receivables, besides being entitled to exercise other litigation and statutory application rights and terminating the access.

3.3. Where the BUYER pays the monthly of annual subscription fee via a credit card, installment card, etc. issued by the banks (including financial institutions), all of the facilities extended via such cards shall constitute the credit and/or payment by installment facilities directly offered by the card issuer organization; wherefore, any sales made and collected by the PROVIDER as a whole or partially within this context shall not constitute sales on-credit or by installment as between the parties hereto. In such a case, the BUYER shall separately confirm the relevant interest rates and default interest details with their bank and the provisions on interest and default interest shall be applicable under the credit card contract made by and between the BUYER and their bank according to the statutory provisions in force.

4. BASIC ATTRIBUTES OF THE SERVICE AND SUBSCRIPTION CONDITIONS:

4.1. The PROVIDER offers via tabii local-foreign TV shows, movies, cartoons, documentaries, sports competitions, live TV feeds, news, sports, music and entertainment programs including, without limitation, digital contents and the feature to watch the relevant contents, which are determined by TRT, offline by downloading the same within the application in return for the payment of a certain fee. In the cases where the BUYER does not pay any fee, the digital contents, which will be determined by the PROVIDER, being always subject to change by TRT without making any prior notice, shall be accessible with limitation and in line with the other conditions to be set by the PROVIDER such as showing ads.  All rights of the digital contents shall be reserved by TRT and tabii and/or all of the contents accessible via tabii shall be made available only for non-commercial personal use and may not be shared with any third party. The BUYERS shall not be entitled to reproduce, publicly transmit, process, or broadcast or exhibit such contents in part or as a whole in any other platform without obtaining TRT's consent in writing. Otherwise, the PROVIDER hereby reserves their right to seek legal remedies under statutory regulations including, without limitation, Law 5846 on Literary and Artistic Works and Turkish Penal Code 5237.

4.2. The BUYER must make available and use the required technological hardware and software in order to make use of the service purchased in the best possible way. In this context, the PROVIDER shall not be held liable for any hardware or software deficiencies and/or failures that are attributable to the BUYER.

4.3. The BUYER hereby agrees, represents, and undertakes that they shall abide by the entire statutory regulations in force including, without limitation, Law 5846 on Literary and Artistic Works ("FSEK") and Turkish Penal Code 5237 when accessing digital contents offered by the PROVIDER via tabii Website, IOS/Android applications and/or their platform and comply with the obligations and restrictions enumerated herein, the statutory regulations, and terms of use posted on the Website regarding the purchase of this digital service. The BUYER may not use any literary or artistic works that is protected under the relevant regulations and any information, documents, and certificates of any nature without obtaining TRT's explicit consent in writing. The Digital Contents and any and all types of information, documents, and other materials contained by tabii may only be used at TRT's consent in writing and under the terms and conditions to be set forth by TRT. In this context, the BUYER hereby agrees, represents, and undertakes that they shall not reproduce, amend, distribute, share on other platforms and places, publicly transmit, exhibit, publish or mediate the publication, process, and reuse after processing, sell or let any contents and information to be obtained via the digital subscription service to be offered by TRT, nor shall they create any similar products and/or contents or mediate such ats - except for the means and to the extent permitted by TRT in writing. Besides, the BUYER hereby represents, agrees, and undertakes that they shall not disable, change, or damage any legal, technical, and administrative protections created by TRT. Recourse shall be sought against the BUYER for any legal claims / objections / complaints to be lodged by any third party / parties against TRT in consequence of the said acts.

4.4. Where the BUYER violates their other statutory or Contractual obligations, TRT shall be entitled to terminate thew membership without the need to serve any notice or to give any information. Besides the reservation of TRT's any and all rights to litigate and claim for surplus, TRT shall not have any liability for the losses and damages to be incurred by third parties due to the BUYER's acts and omissions and TRY hereby reserves its right to seek recourse against the BUYER for any legal claims / objections / complaints of third parties.

4.5. The BUYER must have turned the age of 18 (eighteen) years as a minimum in order to purchase a digital subscription from tabii. The BUYER hereby agrees, represents, and undertakes that all of the information provided by the BUYER when becoming a member of the system, purchasing a subscription and using the system shall be correct and that the BUYER may incur legal liabilities otherwise.

4.6. The digital subscription service purchased by the BUYER from tabii shall be available only to the BUYER and may not be transferred to 3rd parties. The username and password required for accessing the system shall be proprietary and the BUYER shall be responsible for the confidentiality thereof. The BUYER hereby agrees, represents, and undertakes to forthwith contact and inform TRT when they become aware that any 3rd party accesses their account.

4.7. The BUYER hereby agrees, represents, and undertakes that the PROVIDER shall be entitled to suspend and/or terminate the BUYER's account at any time without the need to serve any notice and/or to give information where the BUYER fails to pay the subscription service fee.

4.8. The BUYER may not claim the refund of fee or the payment of any difference of fee from the PROVIDER on the grounds that the digital subscription service purchased is subject to a discount following their purchase.

4.9. The picture quality of tabii services may vary depending on the device, the BUYER's location, internet connection speed, bandwidth, internet infrastructure, and similar factors. The minimum recommended internet speed to benefit from the service offered by the PROVIDER is 25.0 Mbps. The time period that has to lapse in order for the BUYER to start watching the contents shall vary depending on the BUYER's location, current bandwidth, the content selected, and configuration of your device that supports tabii, and various factors. The BUYER shall not be entitled to make any claim against TRT on the grounds that they cannot benefit from the service offered by tabii in maximum due to the technical impossibilities.

4.10. tabii shall be accessible only in the country where the BUYER creates their account and only in the geographical regions where we offer our service or grant a license for the relevant content. The services offered may vary depending on the geographical region and shall also be subject to changes from time to time. The BUYER shall not be entitled to make any claim against the PROVIDER due to a failure to access certain contents in certain regions.

4.11. The BUYER shall separately cover their own usage fees for mobile, wired or wireless internet to access tabii and Digital Contents and such fees do fall within the scope hereof.

5. RIGHT OF WITHDRAWAL

5.1. Article 15 of the Regulation on Distance Contracts sets out the following as the relevant cases where a consumer may not exercise their right of withdrawal regarding the service that relates to this Contract:

a) Contracts relating to the instantly fulfilled services or intangible goods instantly delivered to the consumer electronically.

b) Prior to the expiration of the right of withdrawal period, the contracts relating to the services, the fulfillment of which starts upon the consumer's approval.

5.2. Article 15 "Exceptions of the Right of Withdrawal" of the Regulation on Distance Contracts set forth the "ğ) Contracts relating to the instantly fulfilled services or intangible goods instantly delivered to the BUYER electronically" and "h) Prior to the expiration of the right of withdrawal period, the contracts relating to the services, the fulfillment of which starts upon the consumer's approval" and the service offered under this Contract constitutes a service that is instantly fulfilled electronically and the fulfillment thereof shall be deemed to have occurred at the moment of acquiring the right to access online the digital contents offered by the PROVIDER subsequent to the confirmation of distance sales contract of purchasing transactions and the BUYER shall not have a right of withdrawal from that moment on.

5.3. Unless this Distance Sales and Subscription Contract is terminated, the monthly annual digital subscription fee with/without ads set by TRT shall be collected on a monthly /yearly basis by periodic bill payment intervals as from the Contract date and through the payment instrument to be determined by the BUYER. The BUYER's right to terminate the Contract under the relevant statutory regulations is hereby reserved.

5.4. TRT shall be entitled to amend the conditions hereof and the digital subscription fee. Any change to the Contractual conditions and/or fee shall enter into force as from the date of the email to be sent by TRT to the BUYER at their email address registered with tabii for information purposes. In this context, the BUYER shall track the changes the BUYER's right to terminate the Contract under the relevant statutory regulations is hereby reserved.

5.5. In addition to the aforesaid termination rights, the BUYER shall be entitled to terminate their subscription at any time by clicking the "CANCEL" button in their tabii account. No deduction for the fee shall be made regarding the subsequent billing period for the BUYER where they click the "CANCEL" button to terminate their subscription. The BUYER's rights under article 52 of the Law on the Protection of Consumers and articles 22 to 25 of the Regulation on Subscription Contracts are hereby reserved.

5.6. TRT shall be entitled to terminate this Contract, which the parties have entered into, at any time where the BUYER fails to fulfill their liabilities or for any other just causes. The BUYER hereby agrees, represents, and undertakes that they shall not assert any claim or right where TRT terminates this Contract.

6. CONSUMER COMPLAINTS AND CONTACT DETAILS OF THE COMPLAINT HANDLING CENTER:

6.1. The consumer can convey their complaints and/or suggestions relating to the services at destek@tabii.com and support@tabii.com addresses.

Regarding the disputes that may arise out of or in connection with this Contract, the Provincial and District Consumer Arbitration Committees shall have the jurisdiction within the monetary limits annually set by the Ministry of Customs and Trade and the Consumer Courts shall have the jurisdiction for the disputes beyond such limits.

6.2. The BUYER may, at their own discretion, file an application with the Arbitration Committees and Consumer Courts of their place of residence.

7. ENTRY INTO FORCE OF THE CONTRACT

7.1. The Distance Sales and Subscription Contract shall be deemed to have been drawn up and entered into force as between the BUYER and the PROVIDER upon the BUYER separately checks the boxes of "I have read and accept the Preliminary Information Form" underneath the Preliminary Information Form and "I have read and accept the Distance Sales and Subscription Contract" and entry of such declarations of acceptance to the PROVIDER's records. Fulfillment of the service offered by the PROVIDER shall start at the moment when the Contract enters into force.

The BUYER hereby agrees, represents, and undertakes that they have read this Contract, they have been informed on their rights and/or obligations under the Law 6502on the Protection of Consumers, Regulation on Distance Contracts, Regulation on Subscription Contracts, and other relevant regulations, and they have electronically confirmed this Contract.

Confirming this Contract means that the BUYER accepts the contract and annexes thereof; it reveals that they give their consent to the commencement of the service in accordance with all these terms and conditions. The Contract shall enter into force upon the confirmation of this form and of the Contract and the BUYER's payment liability shall remain valid until the Contract is terminated.