**THIS IS A SAMPLE. PLEASE ADJUST ACCORDING TO YOUR OWN SITE BEFORE USE**
MEMBERSHIP AGREEMENT
Please read these ‘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 web pages on our site and all associated pages (‘site’) belong to and are operated by the company located at ……………………… with the address of ………………………………. (the ‘Company’). You (‘User’) accept that while using all services offered on the site, you are subject to the following terms, and by benefiting from and continuing to use the service on the site; you have the right, authorization and legal competence to enter into a contract according to applicable laws, you are over 18 years old, you have read and understood this agreement, and you are bound by the conditions written herein.
This agreement is indefinite, imposes rights and obligations on the parties regarding the site, and the parties declare and undertake that upon accepting/approving this agreement online or in writing, they shall fulfill these rights and obligations completely, accurately, timely, and within the terms required by this contract.
1. RESPONSIBILITIES
The Company always reserves the right to change prices and the products and services offered.
The Company accepts and undertakes that the member will benefit from the services subject to the contract except for technical failures.
The User agrees in advance not to perform reverse engineering of the site usage or engage in any other processes aimed at finding or obtaining the source code, and accepts responsibility for damages arising before third parties and for legal and criminal proceedings in case of violation.
The User accepts responsibility solely for any damages arising from incomplete or incorrect information provided when registering on the site, and acknowledges that in case of incorrect information or violation of this agreement by the Member, the Company may unilaterally terminate the membership without any notice or warning.
Information such as the Internet Service Provider's name and Internet Protocol (IP) address used to access the site, date and time of access, pages accessed during the visit, and the web address of the referring website may be collected for site improvement, development, and/or within the scope of legal regulations. The User agrees to the collection of this information.
The User agrees not to produce or share contents in any section or communication within the site that are against general morality and decency, illegal, infringing third-party rights, misleading, aggressive, obscene, pornographic, violating personal rights, breaching copyright, or promoting illegal activities. Otherwise, the User is fully responsible for any resulting damages, and the 'Site' authorities reserve the right to suspend, terminate such accounts, and initiate legal processes. The Site also reserves the right to share relevant information with judicial authorities upon requests regarding these activities or user accounts.
Relations between site members and third parties or among themselves are their own responsibility.
2. INTELLECTUAL PROPERTY RIGHTS
2.1. All intellectual property rights, registered or unregistered, such as titles, trade names, trademarks, patents, logos, designs, information, and methods that appear on this Site belong to the site operator and owner company or the designated 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 may not be copied, published, replicated, presented, and/or transmitted in any way. The whole or any part of the Site cannot be used on another internet site without permission. In case of such infringement, the user will be liable to cover the compensation demanded from the company due to damages suffered by third parties, court expenses, attorney fees, and all other obligations including but not limited to these.
3. CONFIDENTIAL INFORMATION
3.1. The Company will not disclose personal information provided by users via the site to third parties. This personal information includes name, surname, address, phone number, mobile phone number, email address, and any other information identifying the User, collectively referred to as ‘Confidential Information.’
3.2. The User consents and declares that, limited to use in promotional, advertising, campaign, promotion, announcement, and similar marketing activities, the site owner company may share the User’s contact, portfolio status, and demographic information with its subsidiaries or affiliated group companies, and that the User agrees to receive electronic communications within this context. This personal information may be used within the company to profile customers, offer promotions and campaigns suitable for the profile, and perform statistical analysis.
3.3. The User has the right to revoke the consent given by this agreement at any time without providing any reason. Upon cancellation, the Company shall immediately process the request and cease electronic communications to the user within 3 (three) business days.
3.4. Confidential Information may only be disclosed to official authorities when duly requested in accordance with legal procedures and mandatory regulations in force.
4. NO WARRANTY:
THIS AGREEMENT CLAUSE WILL BE VALID TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SERVICES PROVIDED BY THE COMPANY ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THE SERVICES OR APPLICATIONS (INCLUDING ALL INFORMATION CONTAINED THEREIN) ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
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 the security of passwords and accounts on the site and third-party sites. The Company cannot be held responsible for any data loss, security breaches, or damage to hardware and devices resulting otherwise.
6. FORCE MAJEURE
If the parties cannot fulfill their obligations arising from this agreement due to causes beyond their control such as natural disasters, fires, explosions, civil wars, wars, uprisings, popular movements, declaration of mobilization, strikes, lockouts, epidemics, infrastructure and internet failures, power outages (hereinafter collectively referred to as "Force Majeure"), the parties shall not be held responsible. Rights and obligations arising from this Agreement shall be suspended during this period.
7. ENTIRETY AND ENFORCEABILITY OF THE AGREEMENT
If any provision of this agreement becomes partially or wholly invalid, the remainder of the agreement shall remain valid.
8. CHANGES TO THE AGREEMENT
The Company may partially or wholly modify the services offered on the site and the terms of this agreement at any time. Changes take effect from the date they are published on the site. It is the User's responsibility to monitor these changes. By continuing to benefit from the services, the User is deemed to have accepted these changes as well.
9. NOTICES
All notifications related to this Agreement will be sent to the Company’s known email address and to the email address provided by the User in the membership form. The User accepts that the address provided during registration is the valid notification address and agrees to notify the other party in writing within 5 days in case of any change; otherwise, notifications sent to this address will be deemed valid.
10. EVIDENCE AGREEMENT
In case of any disputes arising from transactions related to this agreement between the parties, the parties' books, records, documents, as well as computer and fax records shall be accepted as evidence pursuant to the Turkish Civil Procedure Law No. 6100, and the User agrees not to object to these records.
11. DISPUTE RESOLUTION
The Istanbul (Central) Courthouses and Enforcement Offices have jurisdiction for resolving any disputes arising from the implementation or interpretation of this agreement.
Dear Customers, Potential Customers and Website Visitors, as {TITLE TO BE INSERTED} ("” or "Company”), we place great importance on the protection of your personal data. Within this scope, we would like to inform you about your personal data and processing procedures as a "data controller” in accordance with the Personal Data Protection Law No. 6698 ("KVKK”).
WHAT PERSONAL DATA OF YOURS IS PROCESSED
Your identification information (Full Name, Date of Birth, Turkish ID Number)
Your contact details (Address, email address, phone number)
Details regarding your use of the Site (Your behaviors on the site, transactions, preferences, visited products, etc.)
Your dedicated Username and Password
Your company information (Company name, phone, address)
Upon the establishment of the ………. Agreement;
Your identification information (Full Name, Date of Birth, Turkish ID Number)
Your contact details (Address, email address, phone number)
In case you request an invoice and share it with us (Turkish ID Number, Tax ID Number)
If you make a payment by credit card, processing it to be sent to the Payment Institution;
If Wire Transfer is chosen as the Payment Method, Bank IBAN and related Bank information you use,
If You Are a User;
Your dedicated Username and Password
Your company information (Company name, phone, address)
Records of services provided by our Company (Request and Complaint Management)
Records formed with the form received regarding your complaints
In case you are a user, within the scope of the electronic commerce system we provide, information belonging to your customers created only by storage and system use without specifying the processing purposes and means ………. as a data processor,
If You Give Permission for Electronic Commercial Communication;
Your identification information (full name,)
Your contact details (address, email address, phone number)
Details regarding your use of the Site (Your behaviors, transactions, preferences, visited products, etc. on the Site)
Your marketing-related information (Date of birth, Site usage, shopping habits, demographic member/user/customer information such as address and habits, all kinds of product and service shopping habits-preferences, likes and related comments, utilized campaigns, surveys, etc., invoice contents, payment methods (cash, credit card, etc.) and payment details (installment amount, etc.), old and new mobile/home/business phone/fax numbers, email addresses, identification information (cookies, web browser marks-information, IP, beacon, wired-wireless network connection information, 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:
If you contact us, your identity and contact information to resolve your problems and complaints and to contact you when necessary,
To fulfill our obligations arising from legislation, and to fulfill our other legal obligations primarily including information security with competent and authorized public institutions and organizations, identity, contact, invoice, and shopping information,
In case of disputes arising from the contract, to use all kinds of lawsuit, response, and objection rights before official institutions and organizations such as court, enforcement office, arbitration committee, your identity, contact, invoice, and shopping information,
Your identity and contact information to distinguish the records created on our system about you from those of other customers and to enable you to benefit from post-sale operational processes without presenting an invoice/receipt,
Your identity and invoice information to issue an invoice upon your request,
If you want to make payment by credit card, your credit card information to receive payment (credit card information is transferred to the payment institution without being recorded.)
Your identity, shopping, and invoice information to fulfill our retention obligations arising from legislation
If You Are a User,
Within the scope of User Complaint and Request Form to ensure the development of our product and to respond instantly to your demands,
To track regular payments, manage account information and electronic commerce environment management provided to you,
To ensure the operation of the electronic commerce site for the sales you have made if you are a user,
To manage your requests within the scope of the service provided and to ensure the best service principle for Users' electronic commerce,
To manage the operation of your electronic commerce site with business partners to whom we transfer your data on the website or upon your request,
If You Give Permission for Electronic Commercial Communication
We process your identity, contact, shopping, and marketing-related information to create/conduct general or personalized campaigns, advantages, promotions, advertisements, notifications, marketing activities and to perform any commercial communication activities directed at you.
METHOD AND LEGAL REASON OF COLLECTION OF YOUR PERSONAL DATA
Your personal data is processed by {TITLE TO BE INSERTED} within the scope of the transactions on the Site, requests and complaints, the purchases you make, all kinds of shopping, collection, delivery, transaction, survey filling on the Site, through automatic methods or electronic systems under your Electronic Commercial Communication Permission.
As {TITLE TO BE INSERTED}, for ………. processes on the Site, we collect your personal data based on the legal reasons of "processing personal data is necessary for the establishment and performance of the contract", "fulfillment of legal obligation", and "processing personal data is mandatory for the legitimate interests of the data controller"; for our retention obligations arising from legislation, the legal ground of "fulfillment of legal obligation"; if you are a user, "processing personal data is necessary for the establishment and performance of the contract" and for the tracking of your requests and complaints, the legal ground of "processing personal data is mandatory for the exercise of a right"; and if you give Electronic Commercial Communication consent and to provide you new services together with your Data Partners, the legal ground of explicit consent.
The presence of explicit consent; being clearly stipulated in the other legislation applicable to our Company,
Being directly related to the establishment or performance of a contract, the necessity to process personal data of the parties for fulfilling the requested products and services and executed contracts,
Being mandatory for the fulfillment of a legal obligation,
The personal data has been made public by the relevant person themselves,
Being mandatory for the establishment, exercise, or defense of a right through data processing,
Being mandatory for processing data 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 is considered to be given; Personal data other than health-related data is processed without explicit consent in cases prescribed by laws,
Health-related personal data is processed only by persons under confidentiality obligations or authorized institutions and organizations without the explicit consent of the relevant person for the purposes of protecting public health, preventive medicine, medical diagnosis, treatment and care services, and planning and management of health services and financing.
TRANSFER OF YOUR PERSONAL DATA
As {TITLE TO BE INSERTED}, we transfer your personal data;
With domestic and international business partners and service providers (call centers, personal data collection through devices, marketing consultancy, databases, electronic communication tool service providers, consultancy, etc.) located domestically and abroad for receiving IT technologies, marketing activities, or consultancy requiring expertise or product and service support in personal data collection processes, or abroad if domestic business partners’ servers are located abroad,
To dealers and business partners for resolving your purchases and other product requests made via the Site,
With business partners to whom you have given permission who are featured and provide services on our Site,
To competent and authorized public institutions and organizations and judicial authorities to fulfill our information provision, document delivery, and other related obligations and to use our legal rights such as lawsuits and response rights,
If you make your payment by credit card, we transfer your credit card information to the relevant bank, electronic payment institution, or third parties providing services without recording them by ……….
YOUR RIGHTS
Pursuant to Article 11 of the Law; using the methods specified in the "Contact” section of this Policy;
To learn whether your Personal Data has been processed,
To request information if your Personal Data has been processed,
To learn the purpose of processing Personal Data and whether it is used accordingly,
To know the third parties to whom your Personal Data has been transferred domestically or abroad,
To request correction if your Personal Data is incomplete or incorrectly processed,
To request deletion or destruction of your Personal Data under the conditions stipulated in the KVKK legislation,
To request notification to third parties to whom your Personal Data has been transferred,
To object to the emergence of a result against you by exclusively analyzing the processed data through automated systems,
To claim compensation for damages in case your Personal Data is processed unlawfully and you suffer damage.
CONTACT
You can submit your applications to ……. as the Data Controller by sending them from your registered e-mail on the System to the e-mail address ………………. allocated for the application procedure, or in writing to the address specified below for ……….. (Please note that if the relevant request must be made in accordance with a certain legal procedure, compliance with that procedure is required.)
Address:
Phone: