MEMBERSHIP AGREEMENT
MEMBERSHIP AGREEMENT
SIDES
This Membership Agreement (" Agreement "); Siteler Mahallesi 159 Cad. Industrial Site Site. B22 Apt. With Eyl Kozmetik Biyocidal Ürünleri İthalat İhracat Sanayi ve Ticaret Limited Şirketi (“ Company ”), located at No: 2 E Akdeniz/Mersin; The condition between the user (“ Member ”, “ Members ”) for the Member to become a member of the website (“ Site ”) where the Company offers this Agreement to the Member and to benefit from other services mentioned in the Agreement offered by the Company. and is designed to determine the conditions.
The Company operates as an "electronic commerce service provider" in accordance with the Law No. 6563 on the Regulation of Electronic Commerce, in its own marketplace through the Site and in the marketplace where it sells products for which all copyrights belong to it.
By approving this Agreement and/or by using the Site and/or making transactions on the Site, the Member becomes a member of the Site under the conditions set out in the Agreement.
The Company and the Member will be referred to separately as the " Party " and together as the " Parties " in this Agreement.
DEFINITIONS
Buyer |
It refers to the natural or legal person Member who purchases the goods and/or services offered for sale through advertisements placed by third party sellers on the site. |
Electronic Commerce Service Provider |
It refers to the service provider who makes a contract or receives an order for the supply of goods or services in its own electronic commerce environment, as defined within the scope of the Law on the Regulation of Electronic Commerce No. 6563. |
Electronic Commerce Environment |
It refers to platforms such as websites, mobile sites or mobile applications where electronic commerce activities are carried out, as defined within the scope of the Law on the Regulation of Electronic Commerce No. 6563. |
KVKK |
Personal Data Protection Law No. 6698 |
Personal Data |
It refers to any information regarding a real person that makes the identity defined or identifiable as defined in the Personal Data Protection Law No. 6698. |
Clarification Text on the Protection of Personal Data |
It refers to the text that can be accessed through the Site, containing explanations regarding the purposes and manner in which the personal data submitted by Members through the Site will be used by the Company. |
My Account Page / Menu Page |
It refers to the Member-specific page where the Member performs the necessary transactions to benefit from the Site and Site Services, adds the necessary information, and where the necessary information can be provided to the Member, and can only be accessed with the username and password determined by the relevant Member. |
Electronic Commercial Message |
Message containing data, audio and video content sent for commercial purposes and carried out electronically using means such as telephone, call centres, fax, automatic dialing machines, smart voice recorder systems, electronic mail and short message service, as defined within the scope of the Regulation on Commercial Communication and Commercial Electronic Messages. expresses. |
RIGHTS AND LIABILITIES OF THE PARTIES
3.1. In order to gain membership status, the user who wants to become a Member must approve this Agreement, fill in the information requested on the Site accurately, completely and up-to-date, and the membership application must be evaluated and approved by the Site. The user who wants to become a member must be over 18 (eighteen) years old, meet other conditions to be determined by the Company and have the necessary conditions in accordance with the relevant legislation. Upon completion of the approval process and notifying the Member of the situation and/or gaining the title of Member, the Member's membership status begins and thus the Member gains the rights defined for the Member in this Agreement and on the Site. The obligations defined for the Member in this Agreement and on the Site will be binding and valid for the Member upon becoming a Member and/or gaining the title of Member. The Member who does not provide the information requested on the Site in an accurate, complete and up-to-date manner is personally responsible for all damages that may arise for this reason; If a contrary situation is detected, the Company will have the right and authority to restrict, block, suspend or terminate the Member's membership partially or completely. If there is a change in their information, the member will immediately update their information. The Member will be able to update these updates through the Site or other opportunities offered by the Company.
3.2. A membership account is specific to the Member who created this account; The Member will not allow his membership account to be used by a third party and will not use the membership accounts of other Members.
3.3. The Member undertakes to act in accordance with the provisions of this Agreement, the Site rules announced/notified by the Site in any way, the applicable legislation and the rules of ethics, in all kinds of work and transactions carried out on the Site, and that he/she will personally bear the legal and criminal liability for these works and transactions. He accepts, declares and undertakes that it belongs to him.
3.4. The Member is responsible for ensuring that all information registered on the Site, including the Member's username and password information, is complete and accurate, that it is updated in a timely manner, that any deficiencies are completed, and that it is kept complete and correct at all times. It is the Member's sole responsibility to determine the password of the membership account securely and change it at regular intervals, to ensure the security of the membership account and the information associated with the membership account, not to share this information with third parties, to protect its confidentiality and to take all necessary precautions in this context. The Member accepts, declares and undertakes that the Company has no liability, including any damages that may arise from the acquisition of this information by third parties. In case of any doubt regarding the use of password and/or the security of the membership account and password, the Company has the right and authority to partially or completely restrict, block, suspend or terminate the Member's membership, without prejudice to all kinds of claims, lawsuits and pursuit rights. .
3.5. The member acknowledges that the works and transactions carried out using his/her username and password will be deemed to have been carried out by him/her, that the responsibility arising from the works and transactions belongs to him/her, and that he/she cannot raise any defense and/or objection that he/she did not carry out the works and transactions and/or make this claim. He accepts, declares and undertakes that he cannot avoid fulfilling his obligations based on objection or objection and that the Company has no responsibility in this regard.
3.6. The Member agrees that he/she will use the Site and the content, materials and elements on the Site in accordance with this Agreement, the Site rules announced/notified by the Company in any way, the relevant legislation provisions and the rules of ethics, and that he/she will not be liable personally for any legal and criminal liability that may arise from their contrary use. If the Company detects an improper use at its sole discretion, it has the right and authority to restrict, block, suspend or terminate the membership of the Member in whole or in part, without prejudice to all kinds of claims, lawsuits and pursuit rights. accepts, declares and undertakes that it will have.
3.7. Contradictory uses are listed below by way of example:
- Causing any harm to the Company, the Site and/or third parties while performing transactions on the Site,
- Using the Site to create, control, update and/or change a database, record or directory on behalf of any person;
- Using the whole or part of the Site for the purpose of disrupting, modifying and/or reverse engineering;
- Performing transactions using false information or someone else's information, creating unreal Membership accounts by using false or misleading personal data, and using these accounts in violation of this Agreement, the Site rules announced/notified to the Company in any way, the applicable legislation and/or moral codes. unauthorized use of another Member's account;
- Using any other technology, malware or virus that may damage the Site, the Site's database or any content on the Site;
- Accessing the Account Page using robot or automatic login methods;
- Carrying out activities that will create unreasonable or disproportionately large loads on the communications and technical systems determined by the Site or that will damage the technical operation, using automatic programs, robots, web crawlers, spiders, data mining and data scanning (data mining) on the Site. Using "screen scraping" software or systems such as data crawling; and/or unauthorized copying, publication or use of all or part of any content on the Site by any action of a similar nature;
- Failure to take necessary precautions, including the use of necessary protective software and licensed products, against all kinds of programs, viruses, software, unlicensed products, trojan horses and other dangers that may damage the Site;
- Using the Site in a way that will negatively affect Members' Site experience, or making attacks on the personal and property rights of other Members.
3.8. Personal data, information, photographs, videos, ideas, expressions, comments, points, correspondence and all other content that the Member uploads and provides both during registration to the Site and while using the Site (“ Member Content ”)
- It will comply with this Agreement, the Site rules announced/notified by the Company in any way, the relevant legislation provisions and the rules of ethics,
- It will not be contrary to law, morality and the rights of third parties (including but not limited to intellectual and industrial property rights, the right to privacy and personal rights),
- Not to use Member Content for purposes other than the Site, including publishing it outside the Site, or to manipulate the Company systems,
- It will only create comments for the situations permitted by this Agreement, the Site rules announced/notified by the Company in any way, and the relevant legislative provisions, for example, it will only comment on products for which it has the right to comment and score in accordance with the relevant legislation,
- It will comply with KVKK and relevant legislation and will not contain personal data of third parties,
- The subject matter shall not constitute a crime, result in or encourage the violation of international agreements, contain advertising and/or marketing content, be pornographic, contain nudity, or be contrary to generally accepted rules, intellectual and industrial rights, create unfair competition and/or be of a similar nature. and acknowledges and agrees that the Company maintains a zero tolerance policy for such content. The Member accepts that the Company has no control obligation regarding the Member Content, that he/she is solely responsible for the Member Content and that he/she is obliged to compensate any damages that may occur to the Company and/or third parties due to the Member Content. Although it does not mean that the Company has any control obligation regarding Member Content, the Company reserves the right to control Member Content and investigate violations of Member Content, ex officio or upon a complaint/notification it receives; The Company, at its sole discretion, may not publish, change or delete Member Content that it deems to be contrary to this Agreement, and may prevent access to/view of Member Content. In this case, the Company also has the right and authority to partially or completely restrict, block, suspend or terminate the Member's membership, without prejudice to all kinds of claims, lawsuits and prosecution rights.
3.9. By uploading Member Content to the Site, the Member acknowledges that he/she is the exclusive owner of the intellectual and industrial property rights and other rights regarding the Member Content, and that he/she has the financial rights regarding the Member Content within the scope of intellectual rights arising from the Law on Intellectual and Artistic Works No. 5486. well; the right to detection, the right to process (FSEK art. 21), the right to reproduce (FSEK art. 22), the right to disseminate (FSEK art. 23), the right to represent (FSEK art. 24), the public through means of signal, sound and/or image transmission. transmission right (FSEK article 25)] and moral rights [i.e. All intellectual and industrial property rights, including the right to be presented to the public (FSEK Art. 14), the right to be mentioned (FSEK Art. 15), the right to prevent changes (FSEK Art. 16), the right to prevent distortion/deterioration (FSEK Art. 17)]. Regarding property rights and other rights, the Company may be granted, within the broadest extent permitted by the relevant legislation provisions, especially the Law on Intellectual and Artistic Works No. 5486, without any usage limits, unlimited in duration, number and subject, worldwide (internationally). ) is applicable - unlimited in terms of location -, sub-licensable, irrevocable, free of charge, unconditional and unconditional.
3.10 The Company has taken reasonable measures, within available means, to ensure that the Site and the content, materials and elements available for access, use, downloading and sharing on the Site are free of harmful software. However, the Company does not guarantee that the Site and the content, materials and elements available for access, use, downloading and sharing on the Site will be free from viruses, bugs, trojan horses, corrupted files, worm programs, dialer programs, spam, spyware and all other similar does not give any guarantee or commitment that it is free from malicious and damaging software (such as spyware and adware), programs, products, codes and / or materials. The member is obliged to take all necessary precautions, including using the necessary protective software, hardware and licensed products, to prevent these from occurring and infecting their devices, device hardware and software and/or other equipment and technologies in any way. The Company is not responsible in any way for any damages that the Member and/or third parties may suffer, including but not limited to malfunctions, damages, incorrect information, data breaches and losses that may occur in this context.
3.11. The Company has taken reasonable measures, within the available means, to ensure the accuracy, security, timeliness, availability, continuity, completeness, suitability for purpose and functionality of the Site and the content, materials and elements on the Site and uses them "as is", "as available". provides; does not give any warranty or commitment regarding these.
3.12. Links on the Site may take the Member to other websites/applications. The Company does not make any guarantees or commitments regarding the content, accuracy, reliability, security and/or functionality of these websites/applications; is not responsible in any way for any damages that may arise from access, use, downloads, sharing and/or changes in these websites/applications.
3.13. The Company, at its sole discretion, may reject membership applications, terminate memberships, or subject the acceptance or continuation of the membership application or the use of the Site to additional terms and conditions, at any time and without giving any reason. Changes, additional terms and conditions, provisions, guidelines and policies that will be introduced by the Site after the Member's membership process and announced/notified/published in any way, will be binding on the Member from the moment of publication without the need for a separate notification or approval after their publication on the Site. and the Member will be deemed to have accepted them by continuing to use the Site/benefit from the services offered through the Site; However, if the relevant legislative provisions require them to be expressly approved by the Member, the Company has the right and authority to partially or completely restrict, prevent, suspend or terminate the Member's membership, unless they are approved by the Member.
3.14. The member may terminate his/her membership unilaterally at any time without giving any reason. The Member will be able to complete the process of closing his membership account through the Site. He/she will be able to initiate the process to close his account by following the relevant steps on the "My Account" page on the Site. After the Member initiates the procedures to close his account and this request reaches the Company, the account closure request will be finalized in line with the rule sets determined by the Company in order to ensure account security and prevent abuse. The member acknowledges that he/she understands that after the membership account is closed, he/she cannot use the membership account again and/or take back the defined rights and advantages associated with the account and cannot transfer them to various accounts.
3.15. The Company may, at its sole discretion, unpublish, change, charge, update, suspend, discontinue the Site and/or the services offered through the Site, partially or completely, permanently or temporarily, and/or open additional services on the Site. The Site has no liability towards the Member and/or third parties regarding the matters listed in this article and other matters of a similar nature.
PROTECTION OF PERSONAL DATA
4.1. Within the scope of this membership agreement, the Company attaches importance to the processing, security and protection of personal data in accordance with all legislation, including KVKK. The Company uses the personal data obtained during the establishment and execution of this contract, providing the services specified in this contract, placing the order and making the delivery, carrying out activities to increase the satisfaction of the Member, ensuring the security of the accounts, forgery, fraud, abuse of the Site, Turkish Penalty. It processes and shares the Member's personal data, especially for the purposes of resolving disputes that arise on matters that may constitute a crime within the meaning of the law.
4.2. In order to offer suitable products to the Member within the number and variety of products offered on the Site, the Company is obliged to ensure that the Member can find products that suit his preferences and access the said products easily and quickly within the scope of this agreement. The member accepts that the processing of his personal data within the scope of this obligation is necessary for the proper performance of the contract.
4.3. The Member acknowledges that he/she can obtain detailed information about personal data processing and sharing activities through the Information Text on the Protection of Personal Data (“ Information Text ”), which is available under the Site and is an integral part of this Agreement. The Member accepts that the Company reserves the right to update the Information Text at any time within the framework of changes that may be made in the current legislation or company practices.
4.4. In order to receive detailed information about the personal data being processed and to direct their rights and demands within the scope of KVKK, the Member can contact the Data Controller at Siteler Mahallesi 159 Cad., including the mandatory elements specified in Article 5 of the Communiqué on the Procedures and Principles of Application. Industrial Site Site. B22 Apt. No: 2 E Akdeniz/Mersin through a notary public or via registered mail.
4.5. Upon expiration of the membership agreement/closing of the membership account, personal data whose purpose of processing and storage is eliminated is deleted in accordance with the legislation; The Member's personal data, which must be kept in accordance with the legislation, will continue to be processed by the Company until the purpose of processing is eliminated.
4.6. The Company will take all necessary measures to ensure that the personal data in question is stored securely in accordance with Article 12 of the KVKK and to prevent unauthorized access and unlawful data processing.
COMMERCIAL ELECTRONIC MESSAGES
5.1. If the Member approves commercial electronic messages, the Company may send commercial electronic messages to the Member in order to promote and market its goods and services through the e-mail address registered on the Site or by calling or sending an SMS to the phone number. The Member is responsible for keeping the e-mail address and telephone number registered on the Site accurate and up-to-date.
5.2. The member has the right not to consent to the sending of commercial electronic messages or to withdraw his consent. In this context, the Member can withdraw his/her consent through the methods listed in accordance with the relevant legislation, and the Company also allows the Member to change his/her preferences regarding the sending of commercial electronic messages through the Site in order to facilitate the exercise of this right.
INTELLECTUAL PROPERTY RIGHTS
The Site and all elements and content related to the Site (all kinds of trade names, works, copyrights, inventions, patents, trademarks, designs, graphics, logos, other promotional names and signs, domain names, software, program flow, algorithms, resources and object code, program and user interface, data, database, record, code, process, idea, text, animation, clip, music, video, photograph, picture, figure, drawing, image, trade dress, slogan, screen , know-how, project, concept, program, application) (" Company Content ") and all rights related thereto (including but not limited to intellectual and industrial property and proprietary rights) belong to the Company. All kinds of content, including but not limited to personal information, photographs, videos, ideas, expressions, comments and correspondences shared by the Member through the Site (“ Other Member Content ”), without prejudice to the full license that the Company has regarding them, It belongs to the Member who shares them through the Site. Creating a membership account, granting the Member the authority to access the Site, use the Site and/or benefit from the services offered through the Site, and/or any provision within the scope of this Agreement shall affect the Member, the Site, the Company Content and/or or Other Member Content. In this context, the Member may not use, copy, reproduce, modify or reverse engineer the Site, Company Content and/or Other Member Content, partially or completely, directly or indirectly, for purposes other than the intended use of the Site. making, decompiling (decompiling), backing up, transmitting, storing, processing, selling, sharing, disseminating, distributing, renting, lending, adapting, transporting, or making other business, transaction and disposition available and/or encouraging these, and / or facilitating its execution is strictly prohibited. The Member accepts that he/she is obliged to compensate any damages that may occur to the Company and/or third parties in case he/she violates the prohibition within the scope of this article. In this case, the Company also has the right and authority to partially or completely restrict, block, suspend or terminate the Member's membership, without prejudice to all kinds of claims, lawsuits and prosecution rights.
CONTRACT MODIFICATIONS AND WAIVER
7.1. The Company, at its sole discretion, may unilaterally change this Agreement and any policies, rules, terms and conditions on the Site at any time it deems appropriate, by announcing/notifying it in any way. Changes and additions will become valid without the need for further approval on the date they are announced/notified and/or published on the Site, unless otherwise stated by the Company, and the remaining provisions will remain in force and continue to produce their provisions and consequences; By continuing to use the Site/benefit from the Services, the Member will be deemed to have accepted these changes and additions. The Company recommends that Members visit the Membership Agreement page before each transaction they make on the Site. If the relevant legislative provisions require the changes to be expressly approved by the Member and the changes are not approved by the Member, the Company may partially or completely restrict, prevent, suspend or terminate the Member's membership.
7.2. Waivers not signed by the Company are not valid. The Company's failure to exercise any of its rights under the Agreement, in whole or in part, its failure to require the Member to comply with any term or condition of the Agreement and/or its waiver of any breach by the Member, subsequent fulfillment of such provision or condition. shall not limit the condition or be construed as a waiver of any subsequent breach.
FORCE MAJEURE
Uprising, embargo, state intervention, rebellion, occupation, war, mobilization, strike, lockout, labor actions or boycotts, including employee-employer disputes, cyber attack, communication problems, infrastructure and internet failures, system-related improvement or renewal works and these malfunctions that may occur due to power outage, fire, explosion, storm, flood, earthquake, migration, epidemic or other natural disaster, bad weather conditions, changes in legislation, decisions taken by competent authorities, or events beyond the Company's control that are not caused by its fault. and other events that cannot be reasonably foreseen (" Force Majeure ") prevent or delay the Company from performing its obligations arising from this Agreement, the Company cannot be held liable for its obligations whose performance is prevented or delayed as a result of Force Majeure and this situation shall be considered a breach of this Agreement. It cannot be done.
MISCELLANEOUS PROVISIONS
9.1. In case of disputes that may arise from this Agreement, the Member shall use all kinds of records and documents held by the Company, including the Company's official books and commercial records, its own database, e-archive records kept on its servers, electronic information and computer records, as binding, definitive and exclusive evidence. accepts, declares and undertakes that this article shall constitute an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure No. 6100.
9.2. The Law of the Republic of Turkey shall prevail in the interpretation and implementation of this Agreement. Mersin Courts and Enforcement Offices are authorized to resolve any disputes that may arise from this Agreement.
9.3. This Agreement constitutes the entire agreement between the Parties regarding the subject of this Agreement; The invalidity, illegality or unenforceability of any provision of this Agreement or any statement contained in this Agreement shall not affect the force and validity of the remaining provisions of this Agreement.
9.4. The Member cannot in any way transfer or assign this Agreement and/or its rights, interests and/or obligations arising from this Agreement to third parties without obtaining the Company's prior written consent. Any assignment or transfer without the prior written consent of the Company will be void. However, the Company may transfer this Agreement and/or its rights, interests, receivables and/or obligations arising from this Agreement to its controlling companies, subsidiaries, affiliates, business partners and/or third parties without obtaining the Member's prior written consent. and can assign.
9.5. All rights and powers that the Company has in accordance with the terms and conditions of this Agreement and the relevant legislation can be used together; In other words, the Company's exercise of any rights or powers it has pursuant to the terms and conditions of this Agreement and the relevant legislation provisions does not in any way prevent it from exercising any other rights and/or powers.
9.6. The Parties accept, declare and undertake that in the event of any conflict between this version and the versions of this Agreement in different languages, the provisions of this Agreement will apply to the relationship between them.
9.7. This Agreement, consisting of 9 (nine) articles, has been approved electronically by the Member by reading and fully understanding each provision. This Agreement has entered into force indefinitely as of the moment it is approved.