**SAMPLE. ADJUST ACCORDING TO YOUR SITE BEFORE USE**
MEMBERSHIP AGREEMENT
Please read this ‘site usage terms’ carefully before using our site.
Customers who use and shop on this e-commerce site are deemed to have accepted the following terms:
The webpages on our site and all linked pages (‘site’) belong to and are operated by the company ……………………… located at ………………………………. (‘Company’). By using all the services offered on the site, you (‘User’) accept that you are subject to the following terms, that you have the legal capacity, authority, and competence to sign this agreement under applicable laws and that you are over 18 years old, that you have read, understood, and agreed to be bound by the terms stated in this agreement by benefiting from and continuing to use the services on the site.
This agreement is indefinite, imposes rights and obligations on the parties concerning the site subject to the agreement, and when parties accept/confirm this agreement online or in writing, they declare and undertake that they will fulfill these rights and obligations completely, correctly, timely, and under the conditions required in this agreement.
1. RESPONSIBILITIES
The Company always reserves the right to make changes to prices and the offered products and services.
The Company accepts and undertakes that the member will benefit from the contract services except for technical failures.
The User accepts in advance that they will not perform reverse engineering on the site or attempt to find or obtain the source code or perform any other operations for that purpose. Otherwise, the User shall be held liable for damages to third parties and legal and criminal proceedings will be initiated against them.
The User accepts that they alone are responsible for any damages resulting from providing incomplete or incorrect information during membership registration, and in the event of incorrect information and violation of this agreement by the member, the Company may unilaterally terminate the membership without any notification or warning.
The Company may collect certain information such as the name of the internet service provider used to access the site, the IP address, date and time of access, visited pages on the site, and the internet address of the website directly linking to the site for the purpose of improving and developing the internet site and/or within the framework of legal legislation. The User accepts the collection of this information.
The User agrees that they will not produce or share content within site activities, any part of the site, or communications that are against general ethics and manners, illegal, infringing the rights of third parties, misleading, aggressive, obscene, pornographic, damaging personality rights, violating copyright laws, or encouraging unlawful activities. Otherwise, the User shall be fully responsible for the damage caused, and in such cases, the ‘Site’ authorities reserve the right to suspend, terminate such accounts and initiate legal procedures. Therefore, they reserve the right to share such information with judicial authorities if requests concerning the event or user accounts are received.
Relationships between site members themselves or with third parties are their own responsibility.
2. INTELLECTUAL PROPERTY RIGHTS
2.1. All registered or unregistered intellectual property rights including titles, business names, trademarks, patents, logos, designs, information, and methods on this Site belong to the site operator and owner company or its designated related party and are protected by national and international laws. Visiting this Site or benefiting from the services on this Site does not grant any rights regarding these intellectual property rights.
2.2. The information on the Site cannot be copied, published, duplicated, presented, and/or transferred in any way. The site or parts thereof cannot be used on another website without permission. In such violation cases, the user will be responsible for compensating the damages claimed by third parties from the Company, including court costs, attorney fees, and all other liabilities without limitation.
3. CONFIDENTIAL INFORMATION
3.1. The Company will not disclose personal information transmitted by users through the site to third parties. These personal details include full name, address, phone number, mobile phone, email address, and any other information that identifies the User, collectively referred to as ‘Confidential Information’.
3.2. The User consents and declares that for the purpose of marketing activities such as promotion, advertisement, campaigns, promotions, announcements, the Company owning the Site may share their contact, portfolio, and demographic information with its affiliates or group companies, and that they approve receiving electronic communications in this context. This personal information may be used within the company to profile customers, offer promotions and campaigns suitable to customer profiles, and carry out statistical studies.
3.3. The User has the right to revoke the consent given in this agreement at any time without giving any reason. The Company will process such revocation immediately and stop sending electronic communications to the User within 3 (three) working days.
3.4. Confidential Information may only be disclosed to official authorities if requested properly by them and if mandatory provisions of applicable legislation require disclosure to official authorities.
4. NO WARRANTY:
THIS CLAUSE OF THE AGREEMENT WILL BE VALID TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICES PROVIDED BY THE COMPANY ARE OFFERED "AS IS" AND "AS AVAILABLE" AND DO NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT REGARDING THE SERVICES OR APPLICATION (INCLUDING ALL INFORMATION CONTAINED THEREIN).
5. REGISTRATION AND SECURITY
The User must provide accurate, complete, and up-to-date registration information. Otherwise, this Agreement will be considered violated and the User’s account may be closed without notification.
The User is responsible for password and account security on the site and third-party sites. The Company cannot be held responsible for data loss, security breaches, or damage to hardware and devices arising otherwise.
6. FORCE MAJEURE
If due to reasons beyond the control of the parties, such as natural disasters, fire, explosions, civil wars, wars, uprisings, public movements, declaration of mobilization, strikes, lockouts, epidemics, infrastructure and internet outages, power cuts (hereinafter collectively referred to as "Force Majeure"), the obligations under the agreement become impossible to fulfill, the parties shall not be held liable. During this period, the rights and obligations of the Parties under this Agreement shall be suspended.
7. INTEGRITY AND ENFORCEABILITY OF THE AGREEMENT
If any of the terms of this agreement become partially or entirely invalid, the remainder of the agreement shall continue to be valid.
8. CHANGES TO THE AGREEMENT
The Company may partially or entirely change the services offered on the site and the terms of this agreement at any time. Changes will take effect as of the date they are published on the site. It is the responsibility of the User to follow the changes. By continuing to benefit from the services offered, the User is deemed to have accepted these changes.
9. NOTIFICATIONS
All notifications related to this Agreement will be sent via the Company’s known email address and the email address provided by the user on the membership form. The User accepts that the address provided during registration is a valid notification address and agrees to notify the other party in writing within 5 days in case of change; otherwise, notifications sent to this address will be considered valid.
10. EVIDENCE AGREEMENT
In any disputes arising regarding the transactions related to this agreement between the parties, ledgers, records, documents, computer records, and fax records of the parties will be accepted as evidence under the Turkish Code of Civil Procedure No. 6100, and the User agrees not to object to these records.
11. RESOLUTION OF DISPUTES
The courts and enforcement offices of Istanbul (Central) Jurisdiction are authorized for resolving all disputes arising from the enforcement or interpretation of this Agreement.
Dear Customers, Potential Customers, and Website Visitors, as {TITLE TO BE INSERTED HERE} (“” or "Company”), we attach great importance to the protection of your personal data. Within this scope, we would like to inform you as the "data controller" under Law No. 6698 on the Protection of Personal Data ("KVKK") about your personal data and processing procedures.
WHAT PERSONAL DATA WE PROCESS
Your identity information (Full Name, Date of Birth, Turkish ID Number)
Your contact information (Address, e-mail address, phone number)
Details regarding your use of the Site (Your behaviors on the site, transactions, preferences, visited products, etc.)
Your specifically assigned Username and Password
Your company information (Company name, phone number, address)
Upon the Establishment of the …… Contract;
Your identity information (Full Name, Date of Birth, Turkish ID Number)
Your contact information (Address, e-mail address, phone number)
In case you request an invoice and share it with us (Turkish ID Number, Tax Identification Number)
If you pay by credit card, processing for transmission to the Payment Institution
If Wire Transfer is selected as the Payment Method, bank IBAN and bank details you use,
If You Are a User;
Your specifically assigned Username and Password
Your company information (Company name, phone number, address)
Records of services provided by our Company (Request and Complaint Management)
Records created by forms related to your complaints
As a user, we keep the status of data processor within the scope of the electronic commerce system we provide, without specifying processing purposes and means, data belonging to your customers arising only from storage and use of the system,
In Case You Give Consent to Electronic Commercial Communication;
Your identity information (full name),
Your contact information (address, e-mail address, phone number)
Details regarding your use of the Site (Your behaviors on the site, transactions, preferences, visited products, etc.)
Your marketing-based information (Date of birth, site usage, shopping habits, demographic member/user/customer information such as address and habits, all kinds of purchasing habits-preferences, likes and related comments on every product and service, used campaigns, surveys and their content, invoice contents, payment methods (cash, credit card, etc.) and payment details (installment amount etc.), old and new mobile/home/work phone/fax numbers, e-mail addresses, identification information (cookies, web browser identifiers, IP, beacon, wired/wireless network connection info, etc.),
PURPOSES OF PROCESSING YOUR PERSONAL DATA
Your personal data may be processed for the following purposes in accordance with the legislation on the protection of personal data;
General Purposes:
To resolve your problems and complaints when you contact us and to communicate with you if necessary by using your identity and contact information,
To fulfill our obligations arising from the legislation, especially regarding information security, by using your identity, contact, invoice, and shopping information,
To use all rights of lawsuits, responses and objections against official institutions like courts, enforcement offices, arbitration committees regarding disputes arising from the contract by using your identity, contact, invoice, and shopping information,
To distinguish the records we create about you in our system from records related to other customers and to enable you to benefit from post-sale operational processes without presenting invoices/receipts by using your identity and contact information,
To prepare an invoice when you request by using your identity and invoice information,
If you want to pay by credit card, to collect payment by processing your credit card information (credit card information is transferred to the payment institution without being saved).
To fulfill our retention obligations arising from legislation by using your identity, shopping, and invoice information
If You Are a User,
Within the User Complaint and Request Form, to improve our product and respond to your requests instantly,
In case of regular payment tracking and adjustment of account information and to ensure the management of your electronic commerce environment provided to you,
To enable the execution of your sales made as a user and management of your electronic commerce site,
For management of your requests within the scope of the provided service and to ensure the electronic commerce of Users in the best way following the principle of best service,
To manage your electronic commerce site with our business partners to whom we transmit your data on the website or upon your request,
If You Give Consent to Electronic Commercial Communication
To create and perform general or personalized campaigns, advantages, promotions, advertisements, information, marketing activities, and all commercial communication activities directed to you by processing your identity, contact, shopping, and marketing-based information.
METHOD AND LEGAL BASIS FOR THE COLLECTION OF YOUR PERSONAL DATA
Your personal data is processed by {TITLE TO BE INSERTED HERE} within the scope of your transactions on the Site, your requests and complaints, purchases you make, every kind of shopping, collection, delivery, transaction, survey filling on the Site, automatically or through electronic systems, and within the scope of your Electronic Commercial Communication Consent obtained.
{TITLE TO BE INSERTED HERE} collects your personal data based on the legal reasons of "necessity of data processing for the establishment and performance of contract", "fulfillment of legal obligation", and "data processing is mandatory for the legitimate interests of the data controller" in relation to the ………. processes on the Site; legal reason of "fulfillment of legal obligation" related to retention obligations arising from legislation; based on "necessity of data processing for the establishment and performance of contract" in case you are a user; and based on "necessity of data processing for the exercise of rights" for tracking your requests and complaints; personal data is collected on the legal bases of explicit consent in case you give Electronic Commercial Communication Consent and for offering new services with business partners.
Explicit consent means; it is expressly stipulated in other legislation our Company is subject to,
It is directly related to the establishment or performance of a contract, and the processing of personal data of the parties is necessary to provide the requested products and services and fulfill the contracts you have made,
It is mandatory for fulfilling legal obligations,
It has been made public by the relevant person themselves,
Data processing is mandatory to establish, exercise, or protect a right,
Data processing is mandatory for the legitimate interests of the data controller provided that it does not harm the fundamental rights and freedoms of the relevant person.
Explicit consent means; non-health-related personal data can be processed without explicit consent when cases prescribed by laws occur,
Health-related personal data can only be processed without explicit consent of the individual by authorized persons or institutions under confidentiality obligation for the protection of public health, preventive medicine, medical diagnosis, treatment and care services, and planning and management of health services and financing.
TRANSFER OF YOUR PERSONAL DATA
YOUR RIGHTS
Under Article 11 of the Law; by the methods in the "Contact" section of this Policy,
To learn whether your Personal Data is processed,
To request information if your Personal Data has been processed,
To learn the purpose of personal data processing and whether it is used in accordance with its purpose,
To know third parties to whom your Personal Data is transferred in Turkey or abroad,
To request correction if your Personal Data is processed incompletely or inaccurately,
To request deletion or destruction of your Personal Data under the conditions outlined in the KVKK legislation,
To request notification to third parties to whom your Personal Data was transferred,
To object to adverse results arising from automatic processing of your data,
To claim compensation for damages if you suffer losses due to unlawful processing of your Personal Data.
CONTACT
You can submit your requests to ……. as the Data Controller to the e-mail address allocated for this application procedure of ………………. from your registered e-mail address on the system, or in writing to the following address of ……….. (Please note that requests must comply with required legal procedures when applicable.)
Address:
Phone: