MEMBERSHIP AGREEMENT
Please read these 'site terms of use' carefully before using our site.
Our customers who use and shop on this shopping site are assumed to have accepted the following terms:
The web pages on our site and all pages connected to it ('site') belong to and are operated by the ……………………………….company ('Company') at the address of ………………………. While you ('User') use all the services offered on the site, you agree to be subject to the following terms and conditions, and by using and continuing to use the service on the site; You are deemed to have the right, authority and legal capacity to sign a contract according to the laws you are subject to and to be over 18 years of age, that you have read, understood and are bound by the terms written in the contract.
This agreement is indefinite and imposes rights and obligations on the parties regarding the site that is the subject of the agreement. When the parties accept/approve this agreement electronically/online, the agreement is deemed to have been established and becomes effective from that moment onwards. Users accept, declare and undertake that they will fulfil the aforementioned rights and obligations completely, accurately, on time and within the conditions requested in this agreement, and that by becoming a member of the " …………………………………..com " site, they have read this agreement in its entirety, understood its content in its entirety and approved all its provisions.
1. RESPONSIBILITIES
1.1. The company reserves the right to make changes and/or adaptations to prices and offered products and services at any time, and reserves the right to block access to and delete information and content related to products and services from third parties, including "users".
…………………………….A.Ş. uses this right without any notification or advance notice.
"Users" are obliged to immediately implement the changes and/or corrections requested by ……………………………………..A.Ş .
If these change and/or correction requests are not fulfilled by the "users", they may be fulfilled by …………………………………A.Ş . if deemed necessary. Legal and criminal liability for any damages arising or that may arise due to the failure of the users to fulfill the change and/or correction requests in a timely manner belongs entirely to the users.
1.2. The company accepts and undertakes that the member will benefit from the services subject to the contract, except for technical malfunctions.
1.3. The User agrees in advance that he/she will not reverse engineer the use of the site or take any other action to find or obtain the source code, otherwise he/she will be liable for any damages that may arise to third parties and that legal and criminal proceedings will be taken against him/her.
1.4. The User accepts that he/she will be solely responsible for any damages he/she may incur due to incomplete or incorrect information provided while registering to the site, and that in case of incorrect information provided and in case of breach of this agreement by the Member, the company may unilaterally terminate his/her membership without the need for any notice or warning.
1.5. Certain information may be collected by the Company for the purpose of improving and developing the website and/or in accordance with legal regulations, such as the name and Internet Protocol (IP) address of the Internet service provider used to access the website, the date and time the website was accessed, the pages accessed while on the website, and the Internet address of the website that provides direct access to the website. The User agrees to the collection of this information.
1.6. The User agrees that, in their activities on the Site, in any section of the Site, or in their communications, they will not create or share content that violates public morality and decency, violates the rights of third parties, is misleading, offensive, obscene, pornographic, violates personal rights, violates copyrights, or encourages illegal activities. Otherwise, they are entirely responsible for any damages that may occur, and in such cases, the Site authorities may suspend or terminate such accounts and reserve the right to initiate legal proceedings. Therefore, if they receive requests from judicial authorities for information regarding their activities or user accounts, they reserve the right to share this information with the relevant authorities.
1.7. Members of the site are responsible for their relationships with each other or third parties.
2. INTELLECTUAL PROPERTY RIGHTS
2.1. All registered or unregistered intellectual property rights, such as titles, business names, trademarks, patents, logos, designs, information, and methods, contained on this Site belong to the site operator and owner, or the designated relevant party, and are protected by national and international law. Visiting this Site or using the services on this Site does not grant any rights with respect to such intellectual property rights.
2.2. The information on the Site may not be reproduced, published, copied, presented, and/or transferred in any way. The Site, in whole or in part, may not be used on another website without permission. In the event of such a violation, the user will be responsible for the compensation claimed from the company for any damages suffered by third parties, as well as any other obligations, including, but not limited to, court costs and attorney fees.
2.3. The "user" accepts and undertakes that he/she will not reproduce , copy, distribute or process the images, texts, visual and audio images, video clips, files, databases, catalogues and lists found on the "site" in a way that would constitute an infringement on the real or personal rights and assets of …………………….A.Ş and/or any other third party, and that he/she will not compete directly and/or indirectly with the " …………………………………..com " site and …………………………………….A.Ş , either through these actions or any other means.
3. CONFIDENTIAL INFORMATION
3.1. The Company will not disclose personal information provided by users through the Site to third parties. This personal information includes any other information intended to identify the User, such as the person's name, surname, address, telephone number, mobile phone number, and email address, and will be referred to as "Confidential Information."
3.2. The User acknowledges and agrees that the company that owns the Site may share their contact information, portfolio status, and demographic information with its affiliates or group companies, and that they consent to receiving electronic messages addressed to them or their affiliates, limited to their use within the scope of marketing activities such as promotions, advertisements, campaigns, announcements, etc. This personal information may be used within the company to determine customer profiles, offer promotions and campaigns tailored to customer profiles, and conduct statistical studies.
3.3. The user has the right to revoke the consent given under this agreement without giving any reason. The company will process the revocation immediately and refrain from receiving electronic messages from the user within 3 (three) business days.
3.4. Confidential Information may only be disclosed to official authorities if such information is requested by official authorities in due form and in cases where disclosure to official authorities is mandatory in accordance with the provisions of the mandatory legislation in force.
4. NO WARRANTY:
THIS AGREEMENT CLAUSE SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICES PROVIDED BY THE COMPANY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES OR THE APPLICATION (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
5. REGISTRATION AND SECURITY
5.1. The User must provide accurate, complete, and up-to-date registration information. Otherwise, this Agreement will be deemed a breach, and the User's account may be closed without notice.
The user is responsible for the security of his/her password and account on the site and third-party sites. Otherwise, the Company cannot be held responsible for any data loss, security breaches or damage to hardware and devices that may occur. Matters regarding the security, storage, safekeeping of third party information and use of the system access tools (user name, password, etc.) used by the "User" in order to benefit from the goods and services offered by the " ………………………...com " site are entirely the "User"s" responsibility. The " ……………………………………...com " site / ………………………………..company has no direct or indirect liability for any damages incurred or that may be incurred by the "User" and/or third parties due to all negligence and faults of the "User" in matters such as the security, storage, safekeeping of third party information and use of the system access tools.
5.2. ……………………………….A.Ş . has no liability to third parties for purchases made by "Users" through the site …………………………………….com "by using credit cards and/or bank accounts belonging to others that are unlawfully in their possession.
6. FORCE MAJEURE
If the parties cannot fulfill their obligations arising from this Agreement due to reasons beyond the control of the parties , such as natural disasters, fires, explosions, civil wars, wars, riots, civil commotions, declarations of mobilization, strikes, lockouts, epidemics, infrastructure and internet failures, or power outages (collectively referred to below as "Force Majeure"), the parties are not responsible for this. During this period, the rights and obligations of the parties arising from this Agreement are suspended.
7. INTEGRITY AND ENFORCEABILITY OF THE AGREEMENT
If one of the terms of this contract becomes partially or completely invalid, the remainder of the contract remains valid.
8. CHANGES TO BE MADE IN THE CONTRACT
The Company may change the services offered on the site and the terms of this agreement, in whole or in part, at any time. Changes will be effective as of the date they are published on the site. It is the User's responsibility to monitor these changes. By continuing to use the services, the User is deemed to have accepted these changes.
9. NOTIFICATION
All notices sent to the parties related to this Agreement will be sent via the Company's known email address and the email address specified by the user on the membership form. The user agrees that the address specified during registration is the valid notification address and that they will notify the other party in writing within five days of any change. Otherwise, notices sent to this address will be deemed valid.
10. EVIDENCE AGREEMENT
In any disputes that may arise between the Parties regarding transactions related to this agreement, the Parties' books, records and documents, as well as computer records and fax records, will be accepted as evidence in accordance with the Code of Civil Procedure No. 6100, and the user agrees not to object to these records.
11. DISPUTE RESOLUTION
Istanbul (Central) Courthouse Courts and Enforcement Offices are authorized to resolve any disputes arising from the implementation or interpretation of this Agreement.
INFORMATION ON THE PROTECTION OF PERSONAL DATA
We attach great importance to ensuring the security of your personal information that you have provided to us, whether while using our website or through other means. The "Personal Data Protection Law" No. 6698 has entered into force. We would like to inform you about the aforementioned legislation and some definitions specified in this legislation:
Personal data : Any information relating to an identified or identifiable natural person,
Processing of Personal Data: Any operation performed on personal data, such as obtaining, recording, storing, preserving, changing, reorganizing, disclosing, transferring, taking over, making available, classifying or preventing the use of personal data, in whole or in part, by automatic means or non-automatic means provided that it is part of any data recording system,
Data processor: The natural or legal person who processes personal data on behalf of the data controller based on the authority granted to him,
Data recording system: The recording system in which personal data is structured and processed according to certain criteria,
Data controller: Refers to the natural or legal person who determines the purposes and means of processing personal data and is responsible for the establishment and management of the data recording system.
1. Purpose of the Protection of Personal Data and Consent Text and Our Company's Data Controller Position:
Our shopping site has the title of "data controller" within the scope of the Law on the Protection of Personal Data No. 6698 ("Law") regarding personal data of customers, and this Personal Data Protection and Consent Text aims to inform customers about the personal data processing activities carried out by our shopping site in accordance with the said Law and to obtain their explicit consent for the situations specified in Article 3 below.
3. Personal Data to be Processed with the Explicit Consent of Customers and the Purposes of Processing:
For the following situations where the personal data processing conditions in Articles 5/2 and 6/3 of the Law cannot be met, the explicit consent of the customers must be obtained in order for our Shopping site to process personal data.
2. Purpose of Processing Personal Data of Customers:
Customers' personal data is processed within the framework of the personal data processing conditions and purposes specified below and in Articles 5 and 6 of the Law. Customers' personal data;
The necessary work to be done by the business units and the execution of the relevant business processes in order to enable the relevant people to benefit from the products and services offered by our shopping site,
The necessary work to be done by the relevant business units and the execution of related business processes in order to carry out the commercial activities carried out by our shopping site,
Planning and executing commercial and/or business strategies of our shopping site,
To plan and execute the activities required to ensure the legal, technical and commercial-work safety of the relevant persons who have a business relationship with our shopping site, and to recommend and introduce the products and services offered by us to the relevant persons by customizing them according to their tastes, usage habits and needs,
Establishment of possible rights and claims of the interested parties
Providing information to authorized institutions based on legislation
Creating and tracking visitor records
To ensure that obligations are fulfilled within the scope of the Law on Consumer Protection, the Law on Regulation of Retail Trade and other legal legislation through our branches, call center, affiliated companies or through our websites and social media pages, and not limited to these, on behalf of our Company,
To provide better service to customers, to provide and offer various advantages, to provide information about sales, marketing, information, promotions, to provide information about campaigns and conditions, to conduct surveys and customer satisfaction research, to provide and accelerate your purchasing transactions, to receive and deliver your orders,
Creating campaigns for customers, cross-selling, determining the target audience,
To track customer movements and carry out activities that increase user experience, to improve the operation of our shopping site's website and mobile application and to personalize it according to customer needs, to carry out direct and indirect marketing, personalized marketing and remarketing activities, to carry out personalized segmentation, targeting, analysis and in-house reporting activities, market research,
It may be processed in line with the consent of the Customer within the scope of planning and execution of sales and marketing processes of products and/or services of our shopping site, planning and execution of processes of creating and/or increasing loyalty to products and/or services offered by our shopping site, including for the purposes of planning and execution of customer satisfaction activities and customer relations management processes, and it may be shared with the parties specified in this Personal Data Protection Text.
Our Shopping Site; has the right to associate the behavior of the user who visits the site, even if they are not a member, with a cookie in the browser for the purpose of online behavioral advertising and marketing, and to define remarketing lists based on metrics such as the number of pages viewed, duration of visit and number of goal completions. Targeted advertising content can then be shown to this user on the site or on other sites in the Display Advertising Network, according to the interests of the users. During the redirection of Google AFS ads to our Shopping Site, Google may place cookies on the users' browsers or read the cookies in them or use web beacons to collect information.
4. Transfer of Personal Data of Customers:
Personal data belonging to customers may be shared with Company officials, our affiliates, business partners, suppliers, shareholders, legally authorized public institutions and organizations and private institutions within the framework of the personal data processing conditions and purposes specified in Articles 8 and 9 of the Law, including the performance of the necessary studies by the business units and the execution of the relevant business processes in order to enable the relevant persons to benefit from the products and services offered by our shopping site, the performance of the necessary studies by the relevant business units and the execution of the related business processes in order to carry out the commercial activities carried out by our shopping site, the planning and execution of the commercial and/or business strategies of our shopping site, the planning and execution of the activities necessary to ensure the legal, technical and commercial-occupational security of our shopping site and the relevant persons who have a business relationship with our shopping site, and the planning and execution of the activities necessary to customize the products and services offered by our shopping site according to the tastes, usage habits and needs of the relevant persons and to recommend and introduce them to the relevant persons.
The User's Name and Contact Information may be shared with payment institutions for the purpose of identity verification in accordance with the framework agreement of the payment institution that the User will approve during the payment phase and in accordance with the Regulation on Measures to Prevent Laundering Proceeds of Crime and Financing of Terrorism published in the Official Gazette dated January 9, 2008 and numbered 26751.
Our Shopping Site may transfer personal data to third parties domestically and abroad, provided that the conditions stipulated in Law No. 6698 are met, within the scope of the purposes stated above.
5. Method and Legal Reason for Collection of Personal Data:
Personal data is collected from customers electronically. Personal data collected for the legal reasons specified above can be processed and transferred for the purposes specified in Articles 5 and 6 of the Law and this Personal Data Protection Text.
6. Storage Periods of Personal Data
Our Shopping Site stores personal data for the period specified in the relevant laws and legislation, if stipulated in these legislations.
If there is no regulation in the legislation regarding how long personal data should be stored, Personal Data is processed for a period of time that is required to be processed in accordance with the practices and commercial practices of Our Shopping Site, depending on the activity carried out while Our Shopping Site was processing that data, and then deleted, destroyed or made anonymous.
If the purpose of processing personal data has ended; if the storage periods determined by the relevant legislation and our Shopping Site have also expired; personal data can only be stored as evidence in possible legal disputes or for the purpose of asserting the relevant right related to personal data or establishing a defense. In establishing the periods herein, the storage periods are determined based on the statute of limitations for asserting the said right and the examples of previous requests directed to our Shopping Site on the same issues despite the expiration of the statute of limitations. In this case, the stored personal data is not accessed for any other purpose and access is provided to the relevant personal data only when it is necessary to be used in the relevant legal dispute. Here too, after the mentioned period has expired, personal data is deleted, destroyed or anonymized.
7. Rights of Customers as Personal Data Owners:
In accordance with Article 11 of the Law, data owners; (i) They have the right to learn whether their personal data has been processed, (ii) if their personal data has been processed, to request information about it, (iii) to learn the purpose of processing personal data and whether they are used in accordance with their purpose, (iv) to know the third parties to whom personal data has been transferred in the country or abroad, (v) to request correction of personal data if they are processed incompletely or incorrectly and to request notification of the action taken within this scope to third parties to whom personal data has been transferred, (vi) to request deletion or destruction of personal data if the reasons requiring processing are eliminated despite the fact that it has been processed in accordance with the provisions of the Law and other relevant laws and to request notification of the action taken within this scope to third parties to whom personal data has been transferred, (vii) to object to the emergence of a result to the detriment of the person by means of analysis of processed data exclusively through automated systems and (viii) to request compensation for the damages in case the person suffers damages due to unlawful processing of personal data.
Requests regarding the use of the rights in question may be forwarded to personal data owners by our Shopping Site using the methods specified in Law No. 6698. Our shopping site will evaluate the requests in question and finalize them within 30 days.
There may be changes in the matters included in this form in line with legal and technological developments.