MEMBERSHIP AGREEMENT

MEMBERSHIP AGREEMENT

Article-1

SIDES

 

This Membership Agreement (" Agreement ");

(i) On the one hand, the owner of www.gizlisekme.co (“ Website ”) and Meşrutiyet Mah. Melek Sk. Hosgor Apt. Boomkin Yazılım Teknolojileri ve Ticaret A.Ş., located at No:10a Şişli/İstanbul. (“ Seller ”)

with

(ii) On the other hand, between the website user (“ Member ”) who has become a member of the Website by accepting the following conditions, it has been concluded to determine the conditions for the Member to benefit from the Services offered by the Seller.

The Seller and Member, whose titles/names, addresses, identification numbers and contact information are written above, will hereinafter be referred to individually as the " Party " and together as the " Parties ".

Article-2

DEFINITIONS

 

The terms defined below in this Agreement have the following meanings, unless expressly defined differently elsewhere in the Agreement or in any future annexes:

2.1. “User” means the real person who visits the Website and directs the will to become a Member in terms of this Agreement to the Seller,

2.2. “Member” means the User who can log in to his/her account with his/her own username and password defined on the Website, use member-specific features and benefit from opportunities,

2.3. “ Membership” means the system created by the members ,

2.4. “Membership Form” , the digital form filled by the User and containing the information the User must provide in order to become a Member,

means.

 

Article-3

THE SUBJECT OF THE CONTRACT

3.1. The Seller carries out commercial activities on the Internet Site in accordance with the Law No. 6563 on the Regulation of Electronic Commerce and the relevant legislation. Within the scope of this commercial activity, a Membership system has been established in order to improve the shopping experience of the Users, to facilitate order tracking and to enable them to benefit from various opportunities.

3.2. This Agreement regulates the terms and conditions of the User's Subscription to the Seller's Website.

3.3. The User declares the personal information required to be filled in the Membership Form, accepts this Agreement with all its provisions by examining it and gives explicit consent to the processing of the personal data he/she shares within the scope of his/her Membership by examining the Clarification Text on the Protection of Personal Data. The user has given approval to this Membership Agreement (“Agreement”) in electronic environment and has declared his explicit consent electronically, and his approvals are recorded.

3.4. Following the approval of the User, this Agreement is established by the Seller's approval of Membership via the Website or e-mail.

Article-4

WEBSITE TERMS OF USE

4.1. The User, to use the Website in accordance with the legal regulations; It accepts, declares and undertakes not to take any action defined as a crime in the legal legislation and to act in accordance with the generally accepted moral rules in the society.

4.2. In this context, the actions listed below are violations of this commitment:

4.2.1. Using the Website outside of the framework provided to the User or accessing or attempting to access non-accessible resources or information,

4.2.2. To gain unauthorized access to any Personal Data processed by the Seller via the Website, to collect, process these data or to create a database or guide from these data,

4.2.3. To commit any computer crime related to the Website,

4.2.4. Uploading or infecting the Website with malicious software that will harm the Website in any way,

4.2.5. Performing large-scale transactions through automated software, robot software or similar systems that will damage the Website, or taking other actions that will prevent, disrupt or slow down the Website,

4.2.6. To corrupt, modify or reverse engineer data or information on the Website,

4.2.7. Copying or exporting data or information on the Website in a way that violates intellectual property rights,

4.2.8. Becoming a Member or making purchases or making transactions using other people's or fake or false information,

4.2.9. To gain unfair advantage or attempt to do so by abusing the terms or conditions determined in order to benefit from the campaigns, discounts or advantages offered on the Website,

4.2.10. Using the Website in any way that disrupts public order, violates public morals, disturbs and harass others, infringes the intellectual and copyrights of others for an unlawful purpose.

4.3. Membership of the User, who commits the actions listed under paragraph 4.2 above, is terminated, the competent authorities are notified and legal proceedings are initiated when necessary. The Seller reserves the right to claim all kinds of compensation and other claims arising from such unlawful use, against all liability that may arise due to unlawful action and against all claims and demands that may be brought against the Seller by third parties or authorized authorities.

4.4. The user accepts, declares and undertakes that he/she is over the age of 18, does not fraudulently show his/her age to be older than 18 when filling out the Membership Form, and that he/she will take the necessary care to ensure that the products exhibited and offered for sale on the site are not viewed or purchased by persons under the age of 18.

4.5. The User declares and undertakes that the personal and other information he/she provides while subscribing to the Website is correct before the law, and that he/she will immediately indemnify all damages incurred by the Seller due to the inaccuracy of this information.

4.6. The User cannot give his/her membership password to other persons or organizations. The User's right to use the said password belongs to himself/herself. The right to indemnify and other claims arising from such unauthorized use against all claims and demands that may be brought against the Seller by third parties or authorized authorities, as well as all liability that may arise otherwise, are reserved.

4.7. The ideas and thoughts expressed, written and used by the user on the Website are completely the personal views of the members and bind the owner of the opinion. These views and opinions have no interest or connection with the Seller, and if specified, the necessary actions will be taken by the Seller immediately to remove them. The Seller does not have any responsibility for the damages that the third parties may suffer due to the ideas and opinions declared by the User, and the damages that the member may suffer due to the ideas and opinions declared by the third parties.

 

Article-5

RIGHTS AND OBLIGATIONS OF MEMBERSHIP

 

5.1. Upon the confirmation of his Membership, the User is entitled to benefit from the opportunities defined for the Members. All opportunities on the Website may not be available to all Members. The Seller does not make any demands from the User under any name, citing the opportunities that the User cannot use.

5.2. The Seller may change or remove the opportunities available to Members at any time without prior notice.

5.3. Member's orders and Membership information are stored on the Member portal and made available to the User.

5.4. The User accepts, declares and undertakes to act in accordance with this Agreement in all transactions and actions performed on the Website.

5.5. All transactions and actions of the User related to the use of the Website and the legal and penal responsibility arising from them belong to him.

5.6. The User shall use the bank card, credit card or digital payment tools that belong to him and that he is authorized to use, in all payments to be made with the bank or credit card used on the Website or through digital payment systems; If it belongs to someone else, it accepts, declares and undertakes that it has obtained the consent and approval of this person. All kinds of legal, financial and penal liability arising from the failure to obtain this consent and approval or the use of lost, stolen, copied, expired, insufficient limit debit and credit cards belong to the User.

5.7. In line with the requests made to the User by the judicial or administrative authorities and authorized persons or institutions in relation to the improper or illegal use of bank, credit card or digital payment systems, the information of the User may be shared with the relevant persons and institutions within the framework of the Law No. 6698 and the relevant legislation.

5.8. The User may terminate his Membership at any time by making a written statement to the User or by using the settings on the Membership portal and without giving any reason; Likewise, the Seller may terminate or suspend the User's Membership.

5.9. In the event that the Membership information is updated by the User, the permission granted by the User regarding the processing of personal data and/or the previous Personal Data regarding commercial electronic mail remains valid for the newly shared Personal Data.

5.10. The User can stop sending commercial electronic messages to the Seller at any time and without giving any reason, by notifying the Seller. In accordance with the user's notification on this matter, commercial communication is stopped as soon as possible and in any way within the legal maximum period. Possible or necessary communications in accordance with the legislation continue in any case.

 

Article-6

SECURITY

6.1. The Seller has taken the necessary measures for the security of the information shared by the User on the Website and the transactions made, within the means of its infrastructure and technological possibilities. The User is aware that, despite all the security measures taken by the Seller, the security of the device he/she uses while making transactions on the Website may jeopardize the security of the information shared on the Website and the transactions made. The user accepts that it is his/her own responsibility to take the necessary measures against viruses and similar harmful applications in order to protect their device and prevent access to information and processes.

6.2. The User is personally responsible for the security and protection of the username and password of the Membership he has created. Any consequences, including unauthorized access to Personal Data, that may arise from the sharing of this information with third parties or their capture by third parties is the responsibility of the User.

Article-7

PROTECTION OF PERSONAL DATA

7.1. With the consent given to this Agreement, the User fulfills his obligations arising from the Agreement and for legal reasons stipulated in the relevant legislation; In order to ensure the supply, transportation and delivery of the order; It accepts and declares that it has express consent to the processing of its Personal Data and its transfer to our domestic and foreign business partners, provided that it is limited to the same legal reason and purpose.

7.2. The User accepts and declares that he/she allows electronic messages and SMS to be sent to him/her on fundamental issues concerning his/her Membership and security issues.

7.3. The Data Security Policy of the Seller, which includes the details of the protection and processing of the User's Personal Data, has been published at https://www.gizlisekme.co/pages/veri-guvenligi-politikasi . The User accepts the Seller's Data Security Policy with his/her consent to this Agreement.

Article 8

NOTICE

8.1. Notifications made to the addresses specified in this Agreement; Unless a party's address change is notified to the other party in writing through a notary public, it is considered valid and binding in accordance with the legal regulations regarding notifications in Turkish Law.

Article 9

INTEGRITY

9.1. This Agreement and the documents to be concluded in addition to this Agreement in the future constitute the entire agreement between the Parties and terminate and replace all agreements made between the parties regarding the subject of this Agreement.

Article-10

SEPARABILITY

10.1. If any provision or rule in this Agreement is found to be unenforceable or invalid for any reason, the other provisions and rules will remain in effect.

10.2. any invalid or unenforceable provision; If it is to become valid, enforceable or lawful by modification, this provision shall apply with the least modification necessary to render such provision lawful, valid or enforceable.

10.3. The parties will use reasonable efforts to ensure that this Agreement is in full force.

Article-11

FORCE

 

11.1. This Agreement, established in the digital environment, enters into force with the approval of the Membership.

11.2. The Seller has the right to make changes to this Agreement at any time. Changes to be made in the Membership Agreement are binding on all Members as of the date of publication of the Agreement containing the changes.

11.3. This Agreement remains in effect until the Membership is terminated by the User or the Seller.

11.4. The termination of the Agreement does not relieve the Member from its responsibilities arising from the works and transactions related to this Agreement.

Article-12

OTHER PROVISIONS

 

12.1. The User accepts that the Website logs and records and the Seller's commercial books and records are binding evidence in all disputes arising from this Agreement or the User's Membership.

12.2. The Seller shall make all kinds of notifications to the User within the scope of this Agreement by sending an electronic message to the e-mail address declared by the User in the Membership Form.