Terms & Conditions
Please read this Terms of Use (“Terms”) carefully before using the VAHAA mobile app (“Application”) developed and run by Vahaa Tech Limited (“VAHAA”) located at SNF, VAHAA TECH, MYWORKSPOT, CLYDE HOUSE MAIDENHEAD SL6 8BY.
Your access to and use of the Application and our website is subject to your acceptance and compliance with these Terms of Use. These Terms of Use are binding on all persons, including all visitors and users, who download, access and/or use the Application on their mobile devices. By accessing, downloading or using the Application, you acknowledge and agree that you are over the age of 18, that you will comply with and abide by these Terms of Use, without any restriction or objection. If you do not agree with any part of the Terms of Use, do not download, access and use the Application.
I. DEFINITIONS
Application means the mobile application and all of its proprietary rights of which are exclusively developed and owned by Vahaa,
Service means the services offered to the User through the Application, to purchase a product, to provide information and data analysis on plant growing with the Device, to provide information about the plant species presented in the application, to access the recipes presented in the application.
User Account means the account created for a User upon registration to the Application and allocated to the relevant User within the Application.
Device means the home hydroponic plant growing device offered for sale on the App, paired with the User Account registered in the Application.
Device Data means data belonging to the Device that complete the pairing, such as temperature, humidity, nutritional status, water status, estimated harvest date, from the moment the device and the User Account are paired.
Information Reported by the User means all kinds of information shared by you regarding the services you have received within the scope of the application, including but not limited to the status of your device, information about the development of your plant, the information you entered in surveys and forms.
User Content means information, text, audio, photograph, graphic, video, message or other material excluding information created by the user and shared publicly or privately with Vahaa regarding planting viola reports and automatically reported information about the Device.
Online User Behaviour means information on how you use the Application via log files, cookies and web beacons.
II. PURCHASING
In case you want to purchase any service offered through the application, you may be requested to share information about the service you want to purchase, such as but not limited to your credit card number, the validity date of your credit card, your billing address, delivery address.
You declare and warrant that you are qualified to use credit cards or other payment methods for any service purchase and that you have the legal right the same, and that the information you have shared is correct, error-free and complete.
By sharing such information, you authorize Vahaa to share the same with authorized third parties for the realization and completion of the purchase. We reserve the right to refuse or cancel your order and/or service purchase request without any time limit for some reasons such as but not limited to any technical malfunction that may occur in your device, application, system or order, errors in device descriptions or pricing on the application, insufficient stock, high demand for device or service.
We reserve the right to refuse or cancel your order and/or service purchase request without any time limit, if any suspicion of incorrect, fraudulent, unauthorized or illegal behavior is detected in the transaction.
III. ACCESS TO USER ACCOUNT
In order to create the user account, a special password must be created for the user by entering the name, surname and e-mail address information. After your user account is created, you log in to the user account by entering your e-mail address and your personal password into the system. You may disclose the password to third parties you wish to use your user account on your behalf, but you are solely responsible for all costs and liabilities arising from their use of your user account. Until you notify support unit from the e-mail of info@vahaa.co, you are solely responsible for all costs and liabilities arising from the use of the app or your user account by anyone who negligently obtains this password. Your user account may be temporarily or permanently closed if you notify the support unit of its unauthorized use.
Your user account may be temporarily or permanently closed when a false, fraudulent, unauthorized or illegal behavior is suspected.
IV. USE OF THE USER ACCOUNT AND THE APPLICATION
When using the Application, you and others using your User Account must comply with all applicable legal regulations. You may not use the Application for any of the purposes or in any of the following ways below:
• Impersonating or harassing another person,
• Sending or disclosing any information or document that is abusive or violating the right of any person, that violates any person's right to privacy, violates any administrative or legal regulation or applicable legislation, may be defamatory, harassing, threatening, false, fraudulent, misleading or obscene.
• Release or send viruses or other malicious computer code or take other measures that may damage the Application.
Users are fully and personally responsible for the damage that will occur if they use the site in the above-mentioned purposes and ways or use it in a way that will cause any violation. In such an improper use, the User account may be suspended, terminated, and legal action may be initiated against the User.
Users agree in advance that they will not reverse engineer the use of the Application or take any other action regarding the codes of the Application, otherwise they will be liable for any damages, including damage to third parties. Vahaa have no obligation to control the data, information and other posts without being limited to any form or format shared and/or provided by the Users through the Application.
Vahaa's cooperating institutions, Vahaa employees and managers, Vahaa authorized dealers are not responsible for the services provided and/or the content published by third parties within the application. The commitment of the accuracy and legality of the information, content, visual and audio images provided and/or published by any third party is entirely the responsibility of the third parties who perform these actions.
Vahaa does not guarantee the security, accuracy and legality of the services and content provided by third parties. Although Vahaa has taken all kinds of security measures regarding the services offered with the Application, due to the nature of the information systems, Vahaa does not guarantee that the User's system will not be damaged due to any application and/or file or similar content uploaded to the site by the Users. Vahaa cannot be held liable for any damages that may arise from the use of the Application, including direct, indirect or incidental damages, consequential damages and punitive damages. Users using our services declare and undertake that they will accept our SMS, MMS or e-mail messages sent by us as part of the service.
We use these communications only to inform Users about new membership benefits and features, to notify Users of urgent issues on our site, and to provide Users with exclusive deals so that Users can purchase products and services that match their interests.
V. USER CONTENT AND INFORMATION REPORTED BY THE USER
The Application allows you to post, save, share and put into service in other ways certain information, text, graphics, videos or other materials ("Content"), in particular User Content and User Reported Information. You are responsible for the compliance with laws, accuracy and reliability of the Content you share with the application.
By sharing Content with the Application, you authorize and grant Vahaa the right to use, modify, process, display, make public, disseminate, reproduce and distribute this Content on its own Application store and social media (Twitter, Facebook, Pinterest, etc.). You reserve all rights in any Content you share, post or view on or through the Application, and it is solely and completely your responsibility to protect those rights. You agree that this right and authorization you have granted includes our right to make the content you have posted available to other Application Users who may use it subject to these Terms of Use.
You acknowledge and agree that the Content belongs to you or that you have the right to use and to grant us the rights and authorizations set forth in these Terms of Use regarding the Content, and that the content you submit does not violate any rights, including but not limited to the privacy rights, copyrights, intellectual property rights and contractual rights of any person. It is your responsibility to indemnify any direct and/or indirect damages that may occur as a result of the Content you have submitted.
VI. INTELLECTUAL PROPERTY
The property of this Application belongs to Vahaa. Application and software, programs, all kinds of program algorithms, flowchart, object code, source code, source code list, interfaces, all kinds of designs, including menu designs, interface designs, page designs, trademarks, slogans and other devices/signs, information, texts, products, visual, audio and other images, files, catalogs and lists, the sales system applied, all intellectual and industrial property rights regarding the Application, whether registered or unregistered within the Application are in the property of Vahaa or organizations that Vahaa is licensed by and got permission and unauthorized copying, duplication, removal in any way out of personal use is prohibited.
Vahaa's logos and product names and/or product presentations you will see in the Application are Vahaa’s registered trademarks and they are under protection. Unauthorized use or abuse of Vahaa’s trademarks is strictly prohibited and constitutes a violation of the Industrial Property Law, the Law on Intellectual and Artistic Works and other relevant legislation.
VII. LINK
In the application, there may be links to other websites and/or other content that are not under Vahaa's own control and that are owned and operated by other third parties. These links are provided for the convenience of the Users and any website or the person who operates that website is not supported, and no representation or warranty of any kind is given for the content of the website. Vahaa has no responsibility for the websites and content that can be accessed through the links on the application, and all direct and/or indirect damages that may arise from the use of these sites are the responsibility of the Users.
VIII. CONTESTS, SWEEPSTAKES AND PROMOTIONS
Contests, sweepstakes, promotions (“Promotion”) held or offered through the Application may be subject to regulations other than these Terms of Use. If you have entered any contest, sweepstakes or promotion, please review our Privacy Policy in addition to the rules governing that Promotion. Should any Promotional rule conflicts with these Terms of Use, the applicable Promotional rule will be valid and applied with priority.
IX. AMENDMENTS REGARDING THE APPLICATION AND TERMS
Vahaa may, at its sole discretion, modify, remove or add new features to the Application at any time, without any time or subject restrictions; may make any changes it deems necessary to these Terms of Use. These changes, made at the discretion of Vahaa, will become effective from the moment of notification to your side.
Changes made are notified to you via SMS, e-mail or Application Notification in accordance with the information you have shared during your User Account creation. If you do not accept all or a part of such changes, you may delete your User Account. If you do not delete your User Account within one (1) week from the day of the notification regarding the change, you will be deemed to have accepted the relevant changes.
X. ACCESS, ERRORS AND DEFICIENCIES
The products and services offered in the application are constantly updated. The products and services offered within the application may be incorrectly priced, misidentified, or there may not be enough stock. There may be delays in updating information on products and services.
Any information within the Application, including prices, product images, technical specifications, availability and other information regarding services, is not guaranteed to be accurate or complete. Vahaa reserves the right to change, update, fulfill the needs, correct errors, inaccuracies or omissions at any time without prior notice and without any time limit.
XI. WARRANTY DISCLAIMER
Vahaa makes no warranties or guarantees regarding the results to be obtained from using the Application and the services, information or content offered through the Application. Your use of the Application is at your own risk. The Application, the services, information and content offered through the Application are provided "as is". The Service is provided without warranty of any kind, express or implied. Vahaa and Vahaa's licensees and suppliers make no guarantees and/or commitments that the Service will operate uninterruptedly, errors or defects in the system will be corrected, that the Application is free of viruses or other harmful content, or that the User’s needs and expectations will be met as a result of their use of the Application.
Vahaa and Vahaa's licensors and suppliers make no warranties or guarantees regarding the accuracy, completeness, security or timing of the content, information or services provided by or as a result of use of the Application. Any information obtained from the Application by the User does not constitute a warranty or undertaking that is not expressly stated by Vahaa within these Terms of Use. The user cannot in any way claim that the information contained in the Application is incorrect or that they have suffered damage based on this information.
XII. LIMITATION OF LIABILITY
Vahaa or its directors, employees, partners, agents, suppliers or affiliates have no legal, criminal and/or administrative responsibility regarding any direct, indirect or incidental material and moral damage, including loss of profits, loss of data, goodwill or other intangible losses as a result of Users’ Access to or use of the Application or inability to Access or use of the Application, any behavior or content of any third party in the Application, unauthorized access, use or modification of your posts or content you have shared, Users who have not read these Terms of Use or read these Terms of Use but have not acted in accordance with the same.
XIII. TRANSFER
Vahaa may transfer its rights and obligations under these Use of Terms in whole or in part at any time without notice. However, the User cannot transfer all or any part of his rights and obligations regarding these Terms of Use to another person. Such an attempt of transfer is invalid.
XIV. EXPIRATION
Vahaa reserves the right to permanently close or suspend the User's account for any reason including but not limited to if the User violates the Terms of Use, without prior notice and without liability. Should your User Account is closed, your right to use the Application will be terminated immediately. Should you wish to close your User Account and not be bound by these Use of Terms, you may close your User Account and stop using the Application.
XV. DISPUTE
These Terms of Use are subject to the laws of the Republic of Turkey, regardless of the conflict of laws rules. Any dispute arising from these Terms of Use will be resolved according to Turkish laws. Parties consent to the exclusive jurisdiction of Istanbul (Çağlayan) Courts and Enforcement Offices.
XVI. NOTIFICATIONS
The e-mail address used by the User to log in to the Application and User Account shall be considered the legal notification address for any notification to be made regarding this Terms of Use. It will be deemed that the e-mail notified to the User 1 (one) day after Vahaa sends the same to the User.
XVII. CONTACT
Regarding your questions and comments, please contact us by sending an e-mail through info@vahaa.co.
© 2023 Vahaa Dikey Tarım Çözümleri ve Teknoloji Anonim Şirketi, İstanbul. All rights reserved.